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My public defender didn't show to my sentencing day so I wound up sitting in jail 5 more days than I should. Can I sue?
Anonymous3 views3 answers
I was supposed to be sentenced to 90 days in jail and had 60 days credit in for time served with good time but since my public defender didn't show to court and they failed to find another public defender to represent me for the day, I was stuck an extra 5 days. It shouldn't be my problem and I believe I should have some compensation for this.
There could be a number of reasons your lawyer was unavailable to appear. Even without knowing the circumstances, I doubt you would be successful. Good Luck!
Without knowing more specifics, it is extremely hard to say whether or not you have a legitimate claim here. As previously suggested, there could be any number of reasons why your attorney was unable to show up. Sometimes these things happen. It is unfortunate, but that is just the way it goes. Keep in mind that a judge has discretion to impose whatever sentence they want up to the legally defined maximum. If they judge, however, agrees that you were kept in jail for longer than was reasonable, typically they will apply those extra days towards your legal financial obligations, often resulting in lower fines or court fees. But again, the judge has discretion in these matters. If you feel strongly enough about your situation, you can always consult with an attorney about bringing some kind of negligence or malpractice claim. However, I think the chance of your success are very slim.
