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Can I sue a Judge?

Orlando, FL |

My child was charged with Agg Bat with A Deadly weapon,Bat (Domestic V) and criminal Mischief. However I was the victim in the case. I was at her arrangement, the judge would not allow me to speak and advise I was in fear of my life. In addition, the public def also tried to advise the judge it would be best if child went with her father sister. The judge said no, he was not changing anything, the madam of the courts provided pre-trail and trial dates. I was still trying to process how the judge disregarded me. He looked at me and said repeat the dates, I didn't hear them, he turned and said madam of the court pls repeat dates to the mom. He said again repeat the dates, I did. He said now repeat them again so you can remember them. He never re-calculated my child points, she had a prior

The judge violated my right to be safe, isn't their a clause in the law? Despite what the judge said, I still did not allow my child back in my home. What should I take, state attorney stated that she has more then enough points to be locked up, but judge also failed to re-calculate her points.

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Attorney answers 7

Posted

Judges are immune from suit, they have what is known as absolute immunity. So, no you cannot sue a judge. The better bet is to hire experienced criminal defense counsel to see what can be done for the daughter at this stage, if anything.

R. Jason de Groot, Esq.,

Frank Mascagni III

Frank Mascagni III

Posted

You can sue a judge, but it will be dismissed upon motion of the attorney for the judge based on immunity.

Posted

You can sue anybody but judges have immunity for decisions from the bench.

Posted

Yu cannot sue a judge for actions taken in the performance of a judges duty

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

Posted

You need to hire an experienced criminal defense attorney to represent your child.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Posted

You have no basis to sue the judge. In addition to the fact that judges have immunity from lawsuits for the decisions they make as a judge, there is no basis to sue any state actor for failing to protect a person. Suits against judges, prosecutors, and the police for failing to protect or send help are summarily dismissed.

This is not to be considered legal advice nor does an attorney-client relationship exist.

Posted

No.

I am a Florida attorney who practices in the areas of personal injury, criminal defense, and civil rights. My answers on Avvo are not legal advice, and they do not create an attorney-client relationship. If you contact me--please understand that I cannot contact you--then I will carefully evaluate your case and determine if I will accept you as a client. Unless you and I sign a contract for legal representation, then I am not your attorney. Furthermore, Avvo is a limited forum and not well-suited for complex legal analysis. You should always obtain competent legal advice from attorneys who will carefully evaluate all your case's facts. Avvo isn't the place for that.

Posted

I wish you could. I would. A lot in fact.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

William David Umansky

William David Umansky

Posted

LOL can not agree but hilarious!

James Regan

James Regan

Posted

That is a funny response!