Legal Question in Criminal Law in New York

Re: can i file a lawsuit? Need Lawyer assitance ASAP!!!

In many cases, the plea offer made before indictment will not be offered again after an indictment is returned, either because of the policy of the prosecutor or because the Penal Law does not allow a such a plea to the charges contained in the indictment. If it's the prosecutor's policy not to make the same offer, your attorney must try to persuade the DA to make an exception. If the Penal Law prohibits the plea offer, then the only hope is to persuade the DA to dismiss the indictment, which is very difficult to do.

It will be very difficult to sue your attorney. It's crazy and it makes no sense, but you simply cannot sue your attorney in New York for failing to get you the best deal possible. A legal malpractice case arising out of a criminal prosecution requires proof of actual innocence as a prerequisite. In order to sue your attorney, you cannot take any plea whatsoever. You will need to have the charges dismissed or be acquitted after trial.

If that happens, maybe you will feel the first lawyer did you a favor by preventing a plea in the first place.

Good luck.