Legal Question in Legal Malpractice in Wisconsin

Hit And Run

in 1999, I was charged with a Hit and Run That I was not personally involved in, although my vehicle was. The person who was hit pointed me out in courd and because I was 19 and trusted my public pretender, I pled no contest. I want to have this removed off my record and could do so by appealing to the judge in charge of my case, but I would still be relatively admitting guilt. I am older now 27 and hold a cdl, and since the case was closed I have had not a single mark on my record. I would like to know if it is possible to regain monetary losses from the fees and bail, as well as have this and other charges (ie. OWS, DWS) taken off my record if i could prove that I was not the driver, nor in the vehicle at the time of the accident. I pled No Contest in 2001 to close the case, and the man who was supposedly hit was in the courtroom. This was 2 years after the incident and I do not believe that there is any possible way that this minor incident could have made that much of an impression on him for this guy to actually recognize me other than the fact that I was singled out and standing in front of a judge at the time. Would there be a lawyer that could take the case under the no fee unless we win thing? Please help Josef EIsenbraun


Asked on 9/28/07, 6:23 pm

1 Answer from Attorneys
Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Hit And Run

I believe that you need to speak with a criminal defense attorney about whether there is any way to get the conviction overturned or expunged, but I do not see anything here to allow you to revoer any monetary damages. I doubt you will be able to find anyone to handle this on a contingency fee situation, and I think you will have to pay an attorney to work on your criminal record. Best of luck to you.

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Answered on 9/30/07, 3:02 pm


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