QUESTION

Can I sue my court appointed lawyer, police, and county court if they made me plea to a crime I did not commit?

Asked on Feb 01st, 2016 on Criminal Law - Michigan
More details to this question:
I was charge with a crime that I did not commit? My lawyer said that because I am black in a white city I, the jury will find me guilty because of my skin tone. The police harassment, sexually hitting on me when locked up and visiting P.O. I was told that I would get off if I testified against him. But didn't. They only gave me probation. I have no priors never in trouble. This situation has ruined my life. Do I have any civil rights? My freedom has been taking away, my money and my honor. Do I have a case?
Report Abuse

1 ANSWER

Criminal Law Attorney serving Royal Oak, MI at James S. Lawrence
Update Your Profile
You can sue anyone you want, in the sense that you can file the papers with the court. All claims against the court, judge or prosecutor will be quickly dismissed. It is unclear how someone "made" you plead to the crime. When a judge takes a plea he always tells you that it is your own choice whether to plead guilty or go to trial. Promises made by police officers are close to worthless, in that the police do not have authority to bind the prosecutor, and the prosecutor is the one who has authority to grant deals. Sexual harassment by an officer is a good subject for a lawsuit. Suing the attorney can be complex, in that you would have to show that he committed malpractice, acting in a way that no reasonable attorney would act. It is not out of the question that such a lawsuit could succeed. Much more information is needed. No lawsuit will overturn the conviction. At best, a lawsuit could lead to your winning an award of money from the person being sued. The conviction can be overturned only by way of motion or appeal in the criminal case. Overturning a guilty plea is not especially common, but it happens sometimes. Incorrect advice by the attorney can be a ground to overturn a guilty plea, and there are several other grounds that apply in some cases. You had the civil right to plead guilty or not guilty, and the civil right to an attorney. It appears you were not deprived of those rights. When you pled guilty, you exercised your civil rights, and waived your right to plead not guilty. You can only regain that right by a motion or appeal that overturns the guilty plea conviction. Overturning the plea means all charges are reinstated, and you go to trial. You want to do that only if you have a reasonable chance of winning at the trial. If you have the "discovery" (police reports, witness statements, etc.) that can help a lawyer determine whether it would be a good idea to try to withdraw the plea. That the situation "ruined" your life, or that it cost you freedom or money, are not factors that will be considered by a court when deciding a motion to withdraw the plea. Your feeling that "honor" has been taken away is simply a personal feeling, and is not something that judges can give or take away. If it is close in time to your sentencing, you can petition the court to grant you a court appointed lawyer for an appeal or motion. The best motion would be filed within 6 months of sentencing.
Answered on Mar 03rd, 2016 at 3:41 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters