I had a public defender lie to me. What action can I take?

Question

I was told I could get a case over with and have the offense expunged from my record sooner than I may be able to if I went through the trial process. I eas hesitant to do this, but I did not want to still be in court when I graduated college. Now I find out I was lied to. I had a witness with me when I was told this. What can I do? Thank you.

Answer 1

If the public defender gave you false legal advise, you have grounds (ineffective assistance of counsel) for appeal or reconsider sentencing, retrial, or challenging any court ruling. Timing is critical, must be within 30 days. If it is fraud upon on the court, you have up to 1 year to file to amend or vacate judgment.

Answer 2

I don't think that what the public defender told you is any kind of contract. He probably meant that most of the time this happens, but it may not happen in all situations. It looks like the judge just didn't want to cut you a break for some reason.

p.s. Don't report him to the State Bar. It won't look good for you if you already have a record.

Answer 3

Where does it say he has to tell the truth? Besides that, there's always the chance that the lawyer was simply wrong (which implies he/she didn't know what they were talking about). As far as what action to take, what can you do about anyone who lies to you? If I understand the story correctly, you've already gone through the trial process, so its too late to do anything about that. You can complain to the Bar Association, I guess.

Answer 4

Report him to his state bar.

That will get his attention!

011107 7:53

Answer 5

Bite the bullet and get a real lawyer...public defenders are understaffed, overworked, and your best interests are at the bottom of his list.

Answer 6

Try this link:
http://www.innocenceproject.com/
They handle cases like this.