Legal Question in Legal Malpractice in Florida

I want to know if there is any legal consequences to the justice system for their failure to prosecute in a timely matter? Heres the story my husband was shot on mothers day spent a month in a coma they caught the guy that shot him 3 days later he sat in county all this time his public defender kept postponing his court dates till the time limit for a speedy trial was over by just one day so now the guy is walking the street scott free for almost killing a man where is the justice for the victim? I would think that in our world today that somebody would be responsible for this whether it be the state attorney or the prosecuter or the justice system itself.My 5 year old son watch his father get shot lost over a month of his life and is still collecting medical bills that wont be paid by anyone and this guy just sits in court laughing at his victims as he is told he is free to go.there is negligence that lies somewhere and I would like to know where that is but it is not fair to the victims in this.I know there is probably a code among lawyers not ot sue another but I would still like to know if this is neglgence on the part of prosecuter?


Asked on 12/02/09, 8:28 am

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Sorry, but you have no claim. It is called prosecutorial immunity.

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Answered on 12/07/09, 8:47 am
Brent Rose The Orsini & Rose Law Firm

Believe me, there is no code among lawyers not to sue one another, but unfortunately, under almost all circumstances, prosecutors can't be sued. There may be more to this story than you understand. For one thing, when a defendant gets a continuance, the right to speedy trial usually disappears. Though it is possible for the defense to reassert the right to speedy trial after it's been waived via a continuance, the defense can't do it without giving the prosecution and the judge notice so that a trial can be set before the deadline "re-expires." The law is built so that defendants can't beat a case on a speedy trial technicality. In all my years as a lawyer (over 20), I've only seen one case dismissed for speedy trial, and it was a misdemeanor. I suppose a defense attorney could hurry and demand a speedy trial when he or she knows a witness will be out of the country for a few weeks, but in your case, your husband is probably the only critical witness. The trial could have been done with a day or two notice.

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Answered on 12/07/09, 9:56 am


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