QUESTION

What redress do I have against the justice system for being unjustly incarserated?

Asked on Aug 27th, 2012 on Civil Rights - New York
More details to this question:
I had a bad attorney that helped prosecute me and then was sent to jail and then prison. It was reversed by good Judges and then sent back for a retrial and the indictment was dismissed. Being innocent and being in jail and prison for 2 and a half years ruined my life and I want to know what redress I have?
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1 ANSWER

Criminal Defense Attorney serving New York, NY at Nass & Roper Law, LLP
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Wow. I'm sorry to hear you went through this. You have a few options (none of them all that great). You can determine if it is worth of bringing a false arrest/malicious prosecution claim against the municipality that incarcerated you. However, remember that simply being arrested, and acquitted does not per se make the arrest false, or the prosecution malicious.  If the attorney really screwed up and but for their screw up, you would have won your case (very difficult to prove with jury trials) then you can bring a suit against the attorney for malpractice. However, this is tricky. Very few attorneys are willing to take a suit (especially contingent) against another attorney. And taking on an attorney pro se is an uphill battle that will likely leave you down and out.  It is possible you can bring suits against the people who got you arrested in the first place (if any) although it sounds like the statute of limitations have ran out (3 years in Federal) on most of these claims.  Like I said, I didn't have promising news for you. But hopefully I was of some assistance! Should you have any other questions and would like to speak with us, please feel free to call 1-888-693-8437 ext. 04830062. Evan H. Nass, Esq.Nass & Roper Law, LLP
Answered on Sep 10th, 2012 at 11:54 AM

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