Is "Fraud on the Court' when your own attorney's lie results in wrongful incaration?

[bigglugg]

Two years ago, I was charged with wire fraud in Las Vegas. My court appointed panel attorney had allbut abandoned me except when a plea proposal was offered (twice) by the U.S. Attorney. It was only then that I would him as he attempted to intimidate ne into accepting. All during pretrial, he would not return my calls or emails for advice or requests for subpoenas, refused to examine evidence and was very vague or misleading explaining procedures and documents and in a e-mail had threatened to take me to trial without my evidence or witnesses. I was eventually informed by pretrial services that he had lied to the court 3 times on two separate occasions, which I have proof of. On the second occasion, his lie as to my whereabouts resulted in an arrest warrant and a undeserved 2 month incarceration. He had failed to help collect evidence, file motions, depose a single witness on my behalf from a list of 22 I had provided or assemble a defense strategy. When the judge denied my motion from jail to dismiss this attorney, I quickly found myself alone and betrayed in that courtroom and was scared to death about having this man defend me and this judge preside over the case. Being wrongly incarcerated destroyed me emotionally and I wanted to go home to my loved ones more than anything. On that Friday, the judge told me that I would be going to prison and he was not going to reinstate my pretrial release. On the following Monday, out of desperation, I felt that I had no other options other than to sign the very unfavorable non negotiated plea agreement. When I did so, the judge smiled at me 3 separate times and released me pending SENTENCING. Now, after compiling notes on the events leading up to that fateful Monday, can I present my documents of evidence regarding the attorney's negligence and gross misconduct to change this position I have been put in? If so, to whom and where should they be presented? Are the false statements resulting in my undeserved incarceration considered "Fraud on the Court?" Thank you for your advice!

 

[Michael Wechsler]

Wow... I'm not even sure what to say if 50% of what you're saying is true. Who is representing you at the moment - is it the same attorney?

I will only say this, without knowing the facts of your case. Most of the time (not all but virtually all) the complaints I hear are irrelevant to the defendant's guilt or innocence and are only red herrings. These are minor issues that do not affect whether or not the defendant should go to jail. Be very careful in being able to make your argument since most officers of the court will probably tend to think that they are hearing the same typical defendant's attempts to fine some kind of misconduct to free themselves from the punishment that they deserve.

Why did the judge deny your motion?

You may wish to file a complaint with the State Bar of Nevada which investigates problems that are reported such as the one you mention here. That may be the first place to go.

Another possible avenue is to seek a legal malpractice attorney. Take note that these attorneys will typically only accept cases where either (1) the plaintiff is paying for the services, or (2) on a contingency basis where the evidence of misconduct is manifestly clear and relatively easy to prove.

As I don't know the exact details of your case, I cannot tell you whether you are right or wrong. I will say that before you decide to file a complaint anywhere, you should be very sure that what you are stating is true. The reputation and career of the accused is at stake. As you can personally appreciate, these accusations and prosecutions should not be taken lightly. I wish you the best of luck with your situation.