Legal Question in Criminal Law in Florida

My husband and I were hit by a drunk driver. He was charged with two felony DUIs. In addition to the state handling the criminal end of the case, our lawyer was starting a civil case. Long story short, the State of Florida offered us three options and persuaded us to go for the most lenient, due to his age and no criminal history. Knowing that we had a civil suit underway, we agreed, provided that we were allowed to get the information as part of offering the lowered sentence. This never happened, the kid 'forgot' when he was deposed, and didn't even finish the entire year of his year long jail sentence. Do we have legal recourse to go after the State for mishandling this? We have absolutely no leg to stand on civilly and while he's ordered to pay a certain amount of restitution by the end of his probation, there is no possibility of that ever happening, and he gets to walk..and we're left disabled and bankrupt..

Asked on 7/20/16, 10:14 am

Craig Epifanio Craig Epifanio, P.A.

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No. The state has sovereign immunity from being sued in how they decide to handle a case. Talk to your civil lawyer about all possible recourses.

Answered on 7/20/16, 10:50 am

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