My fiancé, Micheal Collier, is in Genesse county jail and we want to file suit against the county for false imprisonment and public defender for poor representation (330-30?)
Attempted assault second degree.
Accusing party didn’t show for court.
Micheal was not permitted to testify.
False documents entered into evidence.
No witnesses called for Micheal behalf.
The “assault “ was one punch with no injuries
You have no claim for false imprisonment unless the criminal case is resolved in fiance's favor and there was no probable cause for the arrest and incarceration. Your remedy against the attorney is to allege ineffective assistance of counsel on the direct appeal of the judgment of conviction.
I am not your attorney and any posts/messages or responses to posts/messages can not and do not establish an attorney-client relationship. You should not rely upon free legal advice, and I disclaim any liability for the outcome if you do. Any opinions offered on matters outside New York State are for general informational purposes only.
You cannot sue the lawyer for legal malpractice unless the conviction is vacated the case dismissed.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 22 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
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