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If a prison sentence was extreme due to an inaccurate mental health assessment, can you sue?

48653 |

Plus the fact if the sentenced person was innocent to begin with.

Attorney Answers 3

Posted

Probably not. If however a lawsuit is being considered beaware of your states statute of limitations.

Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm

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Posted

I mean, so inaccurate as to state the client "said" he assaulted someone for the crime accused of (and, unfortunately, found guilty) when he did not assault anyone, and to state the client stated other such untrue incriminating things, when he did not? (He had a "witness" there during the assessment). Also, a "computer glitch" caused ALL "Risk Factors" to be checked off showing him to be a very dangerous, deviant person. A lot of the PSI was based upon the information obtained from this report.

Posted

no, you could try an appeal if its not too late.

My answer to you question does not constitute legal advice. Only an in person or telephone consultation will result in an attorney/client relationship. Call me at (313)402-0853 to discuss your matter further.

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Posted

It's not clear who you think might be liable. It is unlikely you can bring a civil suit, but of course that would depend on the specific facts. If the sentence is still being served, depending on the facts, it might be possible to file a motion for relief from judgment and ask for a resentencing.

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Posted

Thank you for your input. Am planning on doing a 6.500 but waiting on decision from MSCA on whether they will take the case or not.

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