Delphi Falls, NY Criminal Defense Law Firms & Lawyers

If he can afford an attorney, he should hire one. If he can't, he should ask the court to have a court appointed attorney. As far as evidence and strategy, that is something to talk to the attorney about.  

There is recourse, but it is reasonable to ask if it is worth the effort. You might have a cause of action for 'abuse of process,' which means using the legal system for some personal goal other than what the legal system is intended for. The very similar tort of 'malicious prosecution' requires as a predicate that the plaintiff has been determined to be innocent, or that there was no probable cause to prosecute, so it is probably not available. But how much do you want to spend to win a judgment which you may not be able to collect? You will have to prove damages, after all, and it is not clear that you have much in the way of compensable damages. Consult a personal injury lawyer, who can review more of the facts with you and evaluate it more fully. Good Luck.

There are many factors that would need to be considered and evaluated. First of all, what were the charges and was the defendant convicted? If the defendant was convicted, (s)he may have a viable appeal based on ineffective assistance of counsel. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding the defendant's case/situation. He/she would then be in a better position to analyze their case and advise you of their options.