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innefective counsel


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#1 jb7775

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Posted 18 November 2012 - 08:45 AM

I hired a attorney for a simple first offense poss schedule 2 class 4, ie hydrocodone,1 pill I also had my own prescriptions on my person, with pertinent documentation and a copy that my roommate's prescription was filled 2 days earlier, showed that to the police, then gave it to my attorney, he said he lost it , now mind you no prior convictions of this type just small amounts of marijuana, no felony convictions. He charged 3500,00 which I produced right away, early on he told me at our first meeting I would not end up in jail, this was why I hired a attorney for this, the pd would have gotten me the same sentence in the end anyway 2+2 suspended,but he said I would not go to jail at my district court arraignment,first I was given summons to appear on felony charges,I had all my pills accounted for while being accused of selling,also with no money at all (also this was on block island ri only 2 ways on and off , he the actual chief of police walked up behind me while I was speaking to an officer I was friendly with and stuck his hand in my pocket while doing so told me exactly what I had,I should note you have to carry that kind of stuff with you because the rooms are always getting broken into,the chief also had this published including my own legal meds essentially ruining my reputation) now the reason it was imperative u did not go to jail on that date is because I was in the process of moving,I had a x holding all my valuables in an apartment that I leased originally but due to her failure of a drug test dcyf got involved and because of my mess I had to stay with a friend,and I was having a hard time the local Leo would not do a keep the peace or anything so while I was incarcerated she got married and took all my furniture,trivial,but my contractor tools,we r talking 50,000 at least my local police will not take a complaint, and I am only mentioned some of what I lost she also took 3000 cash which my lawyer watched me give to her as they took me away now I know I was set up by the girl,but on the first page the charges are me being charged with possession of my own meds, now that tells me my attorney didn't even look at it and every time I tried to tell him he would tell me to be quiet he knows,when I told him after I had to plead nolo he said too late now ,no sh,t Sherlock, sorry it took so long to tell but do I have any relief,monetary or legal?

#2 LegalwriterOne

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Posted 18 November 2012 - 11:58 AM

It's impossible to pursue a malpractice claim when you pled guilty...the first thing that has to happen is you have to figure out how to undo the conviction. The RI appellate courts haven't taken a definitive position on whether or not actual innocence must be asserted/proven on top of a reversed conviction but it appears that is what they may be inclined to do should the case present itself. Consult local counsel.

#3 Legal_Balla

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Posted 28 November 2012 - 08:13 AM

You may need to consult with local counsel to determine whether a "failure to investigate" claim of ineffective assistance of counsel is possible. Once you plead guilty, voluntarily, you waive just about every right you have except the effective assistance of counsel. Good luck.

#4 FindLaw_Amir

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Posted 28 November 2012 - 08:36 AM

I agree with the previous poster, this is a matter you may wish to consult with a local Legal Malpractice Lawyer to address.
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