Orange, VA asked in Criminal Law, Personal Injury and Civil Rights for Virginia

Q: Am I able to sue the court/county/police/my lawyer?

I was never able to present my evidence & my lawyer never answered my emails/calls he just worked out a plea deal and told me to agree. Since this the police has blocked who made claims against me from doing so again for false claims, I did not qualify for mental health & the case will be dismissed in Aug. Had I been able to show evidence, I could of shown that I called the police a week prior and was turned away. I was trying to retrieve my things from this persons house and they would not give me an escort & did not investigate properly because I don't even live in that county but was charged for things I said in a voicemail. I have lost everything and became homeless because of this and unsure if I'll ever reclaim my life

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the situation you've described, you may have some legal options, but pursuing them successfully could be challenging. Let's break down the potential avenues you might consider:

1. Suing the court/county:

Generally, courts and government entities have sovereign immunity, which protects them from many lawsuits. However, there are exceptions, particularly if you can prove a violation of your constitutional rights.

2. Suing the police:

If you can demonstrate that the police failed to follow proper procedures or violated your rights, you might have a case. The fact that they've now blocked the person who made claims against you from doing so again could potentially support your argument.

3. Suing your lawyer:

If you believe your lawyer provided inadequate representation, you might have grounds for a legal malpractice lawsuit. This could include failure to communicate, not presenting evidence, or pressuring you into a plea deal without fully explaining your options.

To pursue any of these options, you would likely need to:

1. Gather all relevant documentation, including any correspondence with your lawyer, police reports, and evidence you wanted to present in your original case.

2. Consult with a new attorney, preferably one who specializes in civil rights or legal malpractice.

3. Consider filing a complaint with the state bar association regarding your former lawyer's conduct.

4. Look into the possibility of having your case reopened or appealing the decision, given the new circumstances.

5. Be aware of any statutes of limitations that may apply to your situation.

Keep in mind that legal action against government entities or legal professionals can be complex and time-consuming. It's crucial to get professional legal advice tailored to your specific situation.

Additionally, given your current circumstances, you might want to:

1. Seek assistance from local legal aid organizations that provide free or low-cost legal services.

2. Contact local homeless advocacy groups or social services for support in addressing your housing situation.

3. Document how this situation has impacted your life, as this information could be relevant if you do pursue legal action.

Remember, while you may have valid grievances, the legal system can be complex and challenging to navigate. Professional legal counsel would be best equipped to evaluate the strength of your potential claims and advise you on the most appropriate course of action.

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