The State has waived immunity for public defenders, so (unlike in some states) a malpractice action can be filed against them:
To have a legal malpractice action against a criminal
attorney, you would have to prove that (1) the attorney represented you; (2) the attorney neglected a reasonable duty; and (3) that the attorney’s negligence was the proximate cause of your loss/damages. In addition, if you were convicted at trial
, you will have to have your case dismissed or otherwise thrown out on post-conviction or appeal to sue for malpractice (or if you pleaded guilty, you will have to prove your actual innocence). If you think you can prove these things, I would suggest seeking out a couple of professional malpractice attorneys to run your case by to see if they think you have a case that is worth pursuing. The Florida Bar has a referral service to help you find a lawyer:
If you don't have enough to sue for malpractice and you want to pursue the matter, you can also file a complaint
with the state bar.
Hope this information helps.