What can my husband do about lawyer and is what he had on his a third degree charge

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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 8 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.


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