Can a county attorney be sued for using wrong judgement on accepting a case with there was no basis too it. There will be a jury trial at the end of this month with a pretty sure outcome of not guilty. I want to sue for all my legal fees, time off from work, false arrest, and pain and suffering. Does anyone know of any state where this has happened in? This whole judicial system is a racket. They false arrest people, set them up with lawyers that cost a arm and leg. So if you are proven innocent you have to pay through a nose for a attorney or if you are found guilty, you have court cost and all sorts of fees. Any advice would be appreciated.
2007-10-27 16:36:41 · 2 answers · asked by Lisa 2 in Politics & Government ➔ Law & Ethics
You won't win, so don't even try. You haven't put ANYTHING here that would make it malpractice for the attorney to have accepted your case. I'm also certain that the attorney told you specifically that you could lose this one, and how likely it was that you would lose during EACH STEP of the process. You'll lose unless you have a LOT MORE than just this.
2007-10-27 16:43:17 · answer #1 · answered by cyanne2ak 7 · 1⤊ 0⤋
A county attorney could be sued for "wrong judgment" in accepting a case only under very rare circumstances. You would have to prove that he knew there was no basis to it and acted in bad faith or in a corrupt manner. For example, if you could show that someone gave him under the table payments in return for prosecuting the case, then you would have a chance. But other than that type of thing, it's not likely.
Of course, if you choose to do this, you would have to hire another attorney to pursue it for you.
2007-10-27 17:31:54 · answer #2 · answered by Anonymous · 2⤊ 0⤋