Do I have a case?

[poloviking]

In 2003 myself and another individual were arrested for 2 counts of criminal destruction of property and 2 counts felony theft. I paid $5000 to a lawyer to represent me and negotiate various details of the arrest and charges. We were not read our Miranda rights and were abused during the arrest. My lawyer promised to take action on various fronts, but in the end, on my day of sentencing did not show up but sent in someone who was not familiar with my case who asked ME what I was going to do... I was sentenced to pay the entire restitution for damages. My accomplice was also sentenced the same amount. So basically I was abandoned by my lawyer and was made to pay double of my share of damages. I want to sue the lawyer for a portion of the fee that was charged and sue the State of Louisiana for excessive restitution penalties.What is the name of your state (only U.S. law)?

[Ohiogal]

Originally Posted by poloviking

In 2003 myself and another individual were arrested for 2 counts of criminal destruction of property and 2 counts felony theft. I paid $5000 to a lawyer to represent me and negotiate various details of the arrest and charges. We were not read our Miranda rights and were abused during the arrest. My lawyer promised to take action on various fronts, but in the end, on my day of sentencing did not show up but sent in someone who was not familiar with my case who asked ME what I was going to do... I was sentenced to pay the entire restitution for damages. My accomplice was also sentenced the same amount. So basically I was abandoned by my lawyer and was made to pay double of my share of damages. I want to sue the lawyer for a portion of the fee that was charged and sue the State of Louisiana for excessive restitution penalties.What is the name of your state (only U.S. law)?

I am not seeing where you have a case based strictly on the above. What kind of abuse did you allege you suffered? Why do you believe you needed to be read your Miranda rights?

[poloviking]

I am not seeing where you have a case based strictly on the above. What kind of abuse did you allege you suffered? Why do you believe you needed to be read your Miranda rights?

Not really worried about the abuse, I probably deserved it. It was just verbal attacks and I was slapped in the mouth and kicked very hard in the buttock. It is my understanding that if you are not read your Miranda that your case is thrown out.

I want to get back the restitution that I overpaid, is that possible?

[tranquility]

Unless you were physically resisting, the slap and the kick were probably inappropriate (maybe criminal), but what are your damages from them?

Your understanding of Miranda is incorrect. The best you could hope for is an inability to use your after arrest out-of-court statements in trial.

Only if you had to pay more than the damages from the crime could you make a case that you paid too much in restitution. If 10 people committed the crime but they only went after you for payment, that would be fine.