I got into a family dispute broke into my parents home to get my stuff out of my old bedroom. They called the cops and I was arrested. In my first meeting with my public defender, I told him I was diagnosed with PTSD from childhood abuse perpetrated by my father that surfaced during adult hood. I was in a graduate school program and the stress and personalities brought it on. I thought that telling him so would maybe gain me sympathy from the court. I ended up having to talk to three psychologist. The time was spaced out a month to two at a time. My parents hired a lawyer to cut me a plea bargain. They were thinking about sending me to a state hospital to take courses. All along, I stood up in court and told the PD, DA, and Judge that I'm completely competent and coherent.Doesn't the PD have to have proof to say someone is incompetent? The guy was a moron to say I was because I was completely with it and it took 8 months from my life to a little upset about it. Seems like they have some sort of criteria they would go buy. Basically I just wanted to make sure there was no foul play. If the guy really thought I was incompetent then I just go bad luck. Exactly how could he could incompetent out of that though. Wouldn't he have to ask me if I understood the charges?
No. In order to sue any criminal defense attorney, you must first prove you're innocent. (Dismissal of charges, or even an acquittal at trial isn't enough.) Since you exerted a plea, that's impossible.
Your first LAWYER (public defenders are lawyers, too) informed the court that he had doubts about your competence, so he asked the judge to appoint psychologists to find out.
It sounds like the first lawyer did the right thing. There are no grounds to sue.
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No. You cannot sue on there grounds. That was the attorney's opinion at the time. There's no liability.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
I Infer from your post that despite protesting your competency to stand trial, you ultimately decided to forego trial and enter into a plea bargain instead. If this is a simple case of buyer's remorse, then the short answer to your question is no, you don't have grounds to sue.
If you did not enter into the plea bargain knowingly, intelligently, and voluntarily, then you may be able to withdraw your plea. Then and only then would your competency to stand trial become a relevant issue again.
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