Legal Question in Legal Malpractice in Washington

Suing public defender and/or overturning conviction

In 1997 I was arrested for theft 2. My public defender said he would plea bargain for me to make it a misdemeanor. At the courthouse, as I was signing papers prior to going before the judge I realized he didn't follow up on that. He offered no explanation and said it was too late to change my guilty plea (which I agreed to thinking it would NOT be a felony). I only learned recently that it actually wasn't too late. To me that's malpractice. Is it too late to sue my defender or have the conviction overturned if I only just now learned I did have other options then? Obviously this has greatly affected my employment, credit and relationships. I feel entitled to damages although I'd be happy with just an overturned conviction at this point. Do I have a case and what are my options? I live in Virginia now, how would that affect my case? I can't afford to fly back and forth to Yakima for this. I just now finished paying everything so an expungement is 5 years away provided I can afford an attorney at that time. 12 years of this is completely unfair when he lied to me. Can anyone give me some advice?


Asked on 9/10/04, 1:04 am

1 Answer from Attorneys
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: Suing public defender and/or overturning conviction

Due to the fact that malpractice provisions can change from state to state, as do the rules regarding some criminal provisions, you will need to contact an attorney in the state that you were charged and defended. Thank you for contacting us and if you are in need of further assistance, please call to speak with one of our attorneys at 703-777-7319. Thank you.

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Answered on 9/10/04, 8:28 am


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