I found out my crim defense attorney never put in any motions on my case or any requests for hearings when I was given a temp or

Asked about 1 year ago - Deer Park, NY

I found out my crim defense attorney never put in any motions on my case or any requests for hearings when I was given a temp order of protection due to a false allegation charge, which was dismissed one year after I was put through a legal nightmare. I appeared in court 19x ; complaining witness never showed once. My attorney assured me he put in motions & requested for me to have a hearing re the ex-parte order of prot (stay away), which barred me from my home for 6 months. He said I couldn't have a hearing because the complaining witness didn't show up. So I had the order of protection on me for many months & never got a chance to speak. He reassured me also that he had put in order to vacate it. I just found out from court there were no motions submitted on my case. What can i do?

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . Nothing. Its a matter of legal strategy. In addition, only pecuniary loss is recoverable in a legal malpractice case.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. Terri Beth Kalker

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . Be grateful that it has been resolved, put the matter behind you and get on with your life. There is no cause of action.

  3. Edwin Drantivy

    Pro

    Contributor Level 18

    Answered . Not much. It seems as if the Order was dismissed anyways.

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