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  1. #1
    Join Date
    Mar 2010
    Posts
    1

    Default Detained Due to Error by Prosecutor

    My question involves malpractice by a lawyer in the state of: Georgia.
    I was sentenced in jan of 2006 to 4 years probation. Upon reporting I was told I had an outstanding warrant in another county and could not be on probatin. I should contact the P.O in that county which I did. Told to turn myself in which I attempted twice and was turned away at the county jail. I hired an attorney and she spent 4 hours at 150 per to try to straighten it out between the two counties. I again tried to turn myself in and reported to the original county a second time. They would not return my phone calls. They would not return her phone calls (attorney). Shw said when i WAS PICKED UP CAL HER. tHREE AND HALF YEARS LATER i SURRENDERED ON A WARRANT IN THE ORIGINAL COUNTY HAVING MADE PRIOR ARRANGEMENTS with the PD and he had contacted the attorney I hired to straighten it out and she got her notes and verified my "story".
    I went to court on the revocation and the prosecutor claimed I never reported in the first place and tried to have me sentenced to 4 years. The PD supoenaed my lawyer and she testified to the truth. In the end until specifically asked to see the file by the Judge, the prosecutor maintained I had never reported. The file in front of her verified all that I had said and Ispent an exra month in jail on the reset. I want to know if I have any legal recourse on the prosecutor.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Exculpatory Evidence

    The short answer is "no", your claim will run straight into the wall called "governmental immunity".

    The fact that a prosecutor, perhaps one who had no prior dealings with the case, did not have or could not find notes from phone calls placed four years before is not going to make for a case.

    What's your excuse for waiting 3-1/2 years to turn yourself in?

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