Q: can I sue public defender for taking 6 months to get the public record to prove me innocent while fighting from inside?
It took my PD 6 months to pull my public record while I was in jail showing I was incarcerated jail during the time the crimes happened, even though I stated from day-one I believed I was. The charges were 3 counts of residential burglary because they found a DNA match on the entry item. I was arrested for a bench warrant for not showing up to the initial hearing for the charges and had no bail.
A: Potentially, yes. A legal expert would have to be retained to answer whether or not that was below the standard of care for a criminal defense attorney. There may also be an issue of mitigation of damages if you could have bailed out during those 6 months.
Public defenders are government-appointed attorneys who represent individuals who cannot afford to hire a private attorney. While they are obligated to provide effective representation, there is no guarantee of success in any particular case.
If you believe that your public defender was negligent in their representation and that their actions caused you harm, you may be able to pursue a legal claim for malpractice or ineffective assistance of counsel. To succeed in such a claim, you would typically need to demonstrate that your public defender's actions fell below a reasonable standard of care and that this caused you to suffer harm.
In your specific case, it sounds like your public defender may have been delayed in obtaining crucial evidence that could have exonerated you. If this caused you to remain in jail for an extended period of time or caused other harm, you may have grounds for a legal claim.
It is important to note, however, that pursuing a legal claim against a public defender can be challenging. Public defenders may be protected by qualified immunity or other legal doctrines that make it difficult to hold them liable for their actions. Additionally, even if you are successful in your claim, it may be difficult to recover damages from a government entity.
If you believe that you have been harmed by your public defender's actions, it may be helpful to consult with a qualified attorney who can evaluate your case and provide guidance on your legal options. They can also help you understand the legal and practical challenges involved in pursuing a claim against a public defender.
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