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In 1993 I was convicted in Maryland of theft over $300.00.

I received a 10 year...
In 1993 I was convicted in Maryland of theft over $300.00. I received a 10 year sentence, serve 5 and 5 was suspended with 5 years probation. In 2010 I violated probation and was ordered to serve the remaining 5 years in prision. I appealed the decision to the Maryland Special Court of Appeals and yesterday, I was advised that my sentence was vacated.

I would like to file a Malpractice siut against my former Attorney. I am aware that there is a 3 year time limit. From what date does the statutes of limitations begin? From the date my sentence went into execution or from the time the Judge denied my Motion to Correct an Illegal Sentence? Thank you in advance.
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Answered in 8 minutes by:
8/30/2013
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30,601
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The statute of limitations begins to run when facts arise that put the person reasonably on notice of the malpractice. So, it's not necessary the date that you were convicted. It when you knew or should have known that the attorney made a mistake.

These cases are tough to win - and nearly impossible without a lawyer. What you would have to show is that you lost the case due to the attorney's incompetence. That means, in part, retrying the original case. The best thing to do is contact a local malpractice attorney who can review the court documents and give an opinion on how another lawyer might have handled your case. This cases are usually handled on a contingency basis - you only pay when you settle or win a judgment.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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Customer reply replied 4 years ago

Since 2004, every 5 years my Attorney kept entering Motions for apprioprate relief to extend my probation for restitution. Under Criminal Procedures 6-222 the probation could not be extended without my written consent. Which is why the Special Court of Appeals vacated my sentence.


I am also finding it difficult to find a lawyer willing to sue another attorney. I tried calling the Bar Association. No reply. Any suggestions.

There are plenty of attorneys who are willing to sue other attorneys. Just look for someone with experience in legal malpractice cases. Lawyers who do it tend to focus on that area. A good place it start is http://www.martindale.com.

It may be tough to find someone right now, because a lot of people will take Friday afternoon off to start the holiday weekend. But you will likely be able to find someone next week.
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Customer reply replied 4 years ago

Thanks, XXXXX XXXXX a paid site Lawyers can pay to join?

Yes. But it has client reviews for some lawyers and peer ratings ,and you can't pay to make those better.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30,601
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Verified
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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30,601
30,601 Satisfied Customers
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.

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