What action can I take against my lawyer?

I was arrested last year for a misdemeanor drug offense in my home state of GA. I contacted a lawyer because I absolutely could not lose my license due to my driving a company vehicle at work. (license suspension is mandatory for misdemeanor possession in GA) we began the long run through the court system until I finally plead guilty in February. I got a lawyer because when I spoke to him, he said he would be able to win the case via illegal search and seizure since they pulled my friend over and didn't have grounds to cite him with anything and no one in the car provided just cause for searching or questioning. Long story short, the judge refused to hear it and my lawyer was still dead set on us winning so his plan was to try once more, and if denied we would take a guilty sentence and then appeal. I agreed with his 'expertise' and decided to go that route. First, he calls me on Feb, 2 2011 at 9 am and asks if I am coming to court without any prior notification. I was working an hour away and not only couldn't leave on a whim but would never make a 9 30 court case. I told him I couldn't make it and he said he would 'handle' it. By handling it, he meant he would allow a bench warrant to be placed for my arrest and nothing more. He called and told me to lay low til the 28th when my next court date was scheduled. I again listened to his advice, then showed up on the 28th. He spoke to the D.A. and took me outside the courtroom to tell me that if I plead guilty to follow through with our appeal plan, my licenses would be suspended indefinitely until the court of appeals was able to sort through my case or I could accept the first offender act, get an ass load of fines, comm service, classes, probation, etc and keep my license. I decided to throw in the towel because my license were literally my livelihood. I went back into the court room where I was immediately taken into custody due to my bench warrant (spent 12 HOURS shackled wrists and ankles like I was a dangerous criminal and left with no ability to contact anyone or anything, was then transferred to jail and had to sit for 3 more hours, then finally released). After being taken into custody, I had to walk out (shackled) to plead with a decent amount of humiliation. I plead for the first offender act and got out of jail later that night. About two weeks later, the department for driver's services sent me a letter informing that my license had been suspended for 6 months. I had to quit my job because if stopped for any reason, I would violate probation and absolutely go to jail for driving with no license. I scheduled another court date, went back to court a month later at their earliest opening, refiled to get my sentence corrected and a week later my license were back in order. Due to the gravity of the situation, I was unable to receive unemployment benefits, I was unable to drive for a total of 7 weeks and I had zero income to pay mortgage, loans, credit cards, etc. I finally have resumed work but I have 2+ months of backed up debt and more piling on with the coming days. Not only do I have 2200 in fines, court fees, probation, classes etc, but I still have my other bills and my new job only pays about half of what my old one pays. I was screwed somewhere and I need some help, does anyone have any suggestions? thanks so much! also, please don't reply if you're just going to tell me drugs are bad and I deserve this, etc. I had 2 grams of pot coming home from a party in my honor because I (at 20 yrs old) had just closed on my first home purchase without any financial assistance and I was enjoying life. I am not a deadbeat or a stoner or a drunk. I was having a fun weekend to celebrate something monumental in my life and now I will be fighting a horrible uphill battle to climb out of this horrible situation. Thanks for your help! Jake lets clarify a bit. I am not trying to sue him for losing my case. I am trying to sue him for misfiling my first offender plea. I hate that all the other stuff comes with it, but I would still have a job and my license if he filed my plea correctly and then I would be able to pay for all the non-essential junk I am being dragged through. ok guys.... PLEASE READ THIS !!! NOBODY IS ANSWERING THE QUESTION. on feb 28th I had two options. these options were: 1 - - plead guilty (no plea bargain) and lose my license, then follow up with appeals court to possibly overturn sentence. 2 - - plead first offender act which would not result in my license being suspended at all. PLEASE READ THIS I know I am responsible for all of this ultimately, but I most definitely would have kept my job and license if my lawyer had filed the correct sentence with the district attorney the first time. Again, I want to take action against my lawyer because his mis-filing of my plea caused me to lose my license. everyone with me?

None a lawyer can not guarantee a win they can only try.

Your lawyer may not have given you the best advice, but your ills are your fault, not his. If you had not been caught with drugs, you would not have been charged. If you had not missed your court date you would not have faced the bench warrant. I VERY Much doubt the lawyer TOLD you he would get you off Rather, he outlined a strategy which failed. He is in no way able to guarantee how the judge rules. You need to accept that it was your own doing, and move on. Next time you're caught, spend more and get a better lawyer perhaps.

I'm sorry but I don't see that there is really anything you can do. It sounds like the criminal justice system caught a kitten in a tiger trap - and this sucks for the kitten (you) but it is what it is. Your number one priority was that you could not lose your license. Any type of plea deal likely would have resulted in your license suspension. Your lawyer was apparently doing what you said you wanted. All or nothing defendants are really rolling the dice. The warrant being issued for you was not your attorney's fault and almost certainly was NOT something your attorney expected. I have seen and heard of situations in which the defense attorney and the prosecutor have agreed to a continuance so the defense attorney tells the client s/he doesn't have to appear - and the judge STILL issues a bench warrant because the underlying order required the defendant to appear. You just can't predict what a judge is going to do. Your attorney tried the illegal search argument. And frankly, there is a valid basis to make this effort because there is a fairly new U.S. Supreme Court decision on searches that really helps defendants. This judge didn't want to hear it. This sucks, but your attorney can't predict what the judge is going to do. Your attorney rolled the dice and tried to get the result you wanted, but it didn't work. And then he explained to you what the process would be if you continued to trial. (You would not have been acquitted. He was trying to get you off on a technicality - so you would have lost at trial and would have had to go through the appellate process. This would have taken the better part of a year . . . and you would not have your license and could have actually gotten time . . . and you still wouldn't be guaranteed to win.) It sucks that the department of licensing made an error and suspended your license anyway - but this isn't your attorney's fault. Unfortunately, DOL and the courts make these kinds of mistakes all of the time and there is no penalty or consequence to them. You're the proverbial kitten in the tiger trap. It sucks but I don't see that you have any recourse against anyone.

tough to follow but you somewhat clarify at the bottom 1 or 2......1) says plead guilty and follow up with appeals....but when you plead guilty you waive your right to appeal.....this should be in the transcript.......something aint kosher

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