What can my husband do about lawyer and is what he had on his a third degree charge
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can my husband do about lawyer and is what he had on his a third degree charge
CloseMy husband was arrested in 2010 in NJ on possession of 10 percocets. 2 were on him 8 were on the ground about 20 feet from him. He was charged with a third degree possession of cds and was going to take a plea offer for 3 years. His lawyer sent him a letter hand written which I have in my possession stating that the state can not find him guilty of an inditable offense and that he would not allow him to take the plea offer. He had trial last week and lost and now the prosecutor is asking for 5 years. My question is what can he do about what his attorney wrote and did and is the degree of charge correct. if Possible can you give me a case law n the book so he can look it up in jail to send to the judge. Thank you very much.
Asked on March 16, 2012 under Criminal Law, New Jersey
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your husband wishes to look into a possible legal malpractice case against his former criminal defense lawyer who talked him out of accepting a plea bargain for the criminal charges against him where he was later found guilty of the crime where possibly he could be sentenced to five (5) years in jail, I suggest that he consult with another criminal defense attorney as to whether the prior attorney possibly breached his "standard of care" in the representation of your husband and the subsequent trial.
In reality there is no per se case law as to the possible breach of the prior attorney's standard of care unless one does a detailed search for similar factual cases that are written up and published in your state. Hence, it is important to get an attorney to opine that the prior attorney feel below the standard of care of a criminal defense attorney in the community where your husband's trial was.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.