Q: If my PD made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC do I have case
The Senior Public Defender of Lehigh County PA made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC. My charges were supposed to be concurrent not consecutive. Was supposed to be out 08/27/18 not 01 09 19. I have a letter from my PD stating that she made the mistake.
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A:
You may have grounds for a legal malpractice claim against your Public Defender if their error resulted in you serving an additional six months in prison. The key aspect is proving that the mistake was due to negligence and directly caused the additional time served. Having a letter from your Public Defender acknowledging the error strengthens your case.
You should consider consulting with a legal malpractice attorney in Pennsylvania to evaluate the specifics of your situation. They can guide you on the best course of action, which may include filing a lawsuit for damages caused by the extended incarceration.
It's important to act promptly due to potential statutes of limitations on legal malpractice claims. Gathering all relevant documents and evidence will be crucial in building a strong case.
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