Legal Question in Criminal Law in Illinois

Can I sue my attorney for misrepresentation?

I took an accidental overdose of medication and was charged with aggarvaged dui. The kicker was the man who was involved was drunk and high on pot. My attorney never allowed me to read any documents from the proscuting attorney, never prepared me for questiong on the stand, never told me what my sentence would be. I wanted the case to go to trial, but he decided it should be a bench trial. During the bench trial, no mention was made of the man begin drunk or high on pot. It was all foucsed on me. So, here I sit with 120 days on an electronic monitoring device, and will spend 54 days in county jail. My attorney never informed me of any of this information. I was driving a company car, and so this family reaped many benefits from this. The man was not wearing a seat belt,he had no insurance and he hit a telephone pole. Of course there were many witness after the fact, but none who actually saw him hit the telephone pole. If he had been wearing a seat belt he would had been alive today. Is there anything I can do? Or should I leave well enough alone? Thank you for your help


Asked on 3/15/05, 3:00 pm

1 Answer from Attorneys
alexander tolmatsky law offices of alexander tolmatsky

Re: Can I sue my attorney for misrepresentation?

First, be grateful that you were not charged with reckless homicide since the other driver died in this accident. Next, the remainder of your complaints is very valid and this case may have been handled quite differently and with your input, as it should have been. Disposition of the case may be very much the same even if you did participate in your own defense. As to the trial by jury � did your attorney charge you as I would have well over $50,000? Did you pay for a trial by jury?

If your case is less than 30 days old and you want to take a look at it and see if you can get a new trial, let me know. I would not suggest that you do, but send me an email at [email protected] and give me more details. Thanks.

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Answered on 3/15/05, 8:18 pm


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