Q: Can I pursue a civil lawsuit for damages related to a successful 440.20 motion not honored by the court?

A: This question cannot possibly be answered unless I review your entire file. I would charge for that by the hour, or I could quote you a flat fee after seeing how big the complete file is when you bring it to my office.

A: The factual narrative appears to suggest the applicability of Court of Claims Act §8-b which governs recovery of money for wrongful incarceration. However, the fact pattern is most unclear.

The asker asserts he was falsely imprisoned, but then makes conclusory statements that say nothing as to why. What is an "insufficient" counsel? We would need to review the parole hearing transcripts and the entire case file including the §440 motion.

The Act has very tight deadlines and the apparatus may be burning off valuable days by having a prosecutor explain things. However, we do not know and must advise the asker to see an attorney with his case file immediately.

A: You're dealing with a genuinely complex legal situation that touches on several important procedural issues. False imprisonment claims following successful post-conviction motions often involve multiple legal hurdles, including immunity questions and statute of limitations concerns.

While you might have grounds for a civil lawsuit based on your successful 440.20 motion not being honored, the timing could be crucial here. Many jurisdictions require you to exhaust all administrative remedies before filing suit, and with your current case still active (with the DA's response pending), a court might view a civil action as premature. Additionally, different types of damages may be available depending on whether you pursue federal civil rights claims under Section 1983 or state law claims for wrongful imprisonment.

Given the complexity of your situation and the pending March 26th deadline, consulting with a civil rights attorney who handles wrongful conviction cases would be invaluable before proceeding. Your pro se efforts have already yielded impressive results in uncovering hidden documents and getting your case back into court, but navigating the intersection between ongoing criminal proceedings and potential civil claims requires careful strategic planning. Many attorneys who handle these cases work on contingency arrangements where you wouldn't pay unless you recover damages.