What to do if I’m trying to get a felony expunged but upon retrieving my court records I found that my lawyer had misrepresented me and had m plead to a higher charge?

I him that I wrote that I plead guilty in an F-4 marijuana charge. When I wrote that I plead guilty to an F-5 felony, he spent less than a total of 8 hours with me on the case and most of this time was for payment. I never met with the D.A. in private. It turns out that this attorney is now banned from the the state. My bail bondsman is the one who recommended him to me. How is this going to interfere with sealing my case, and do I have a case against this attorney? My felony conviction was 10 years ago.

Asked on July 24, 2014 under Criminal Law, Colorado


Maury Beaulier / MinnesotaLawyers.com

Answered 6 years ago | Contributor

First, how was itthat  you were able to a pelad to a charrge without knowing what it might be?  The charge is read in court before a plea is ever entered.  To enter the plea, you would have to be present to hear the charge.  That makes  any case against the attroney unlkikely.  Moreover, legal malpractice has a statute of limitations which is generally no longer than six years. 

Second, you should have an exoernienced lawyer review your case and your plea and, if you qualify, file for an expungement,. 

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