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HELP PLEASE!


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#1 sarah78

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Posted 15 January 2013 - 12:48 PM

I was in a legal battle just shy of 2 years come May. I was accused of aggravated menacing. While there was ONLY 1 voice mail that the alleged victim claimed was me, i was charged 3 times for said voice mail. I was arrested and after posting bond i was placed on house arrest for 3 months & 4 days. Iwas never read my Miranda rights when I was arrested. From there i repeatdly went to court. NO investagating was done to determine if I were the pepentrator. i also learned that the alleged victims parents are CURRENT C.O.'s at the local county jail, where i was incarcerated at. The alleged victim's father is the one that processed me in, while the mother was my C.O. Then in July of last year i was traveling to another state, an OH stat trooper had stopped us to offer aid. In doing so he asked us for our indentifacations. When he "ran' my name through I had learned there was a warrant for my arrest for missing a court date in Nov. 2011. There is an issue with that. EVEN my public defender had stated he was NEVER notified of a court date that was to have taken place this past Nov. As you astutely guessed, I was NOT informed as well. Needless to say i was once again arrested, placed in the county jail. And once again bonded out, as well as placed on house arrest again. Based on my criminal background ALONE, I've NEVER been into any trouble save for a bad check charge from 14 years ago. In which that is certainly settled, and handled accordingly. Other then that ONE SINGLE thing, I have NOTHING else. NO disorderly conduct, NO DUI's, NO assult charges, NO traffic violations, NOTHING. My driving privledges as well as my passport privledges were suspended due to the agg. menacing charges. Now i not only have to go and get a "new" licsence, i also have to pay a re-instatement fee as well. The alleged victim in my case has in FACT became a DEFENDANT in another case. The ironic thing is the alleged victim in my particular carse, is doing EXACTLY what they accused me of to another person. And yes the alleged victim in my case, was criminally charged as well as having to go to court for a C.P.O. that has been issued against said person. I also learned in the course of almost 2 years, the alleged victim in my case various family members hold employment with the local p.d. as well as employment in the local courts. Now, what can I do? Where do I go to get help? I also learned that on both occasions where my bond was posted, my bond each time was posted 2 (TWO) days PRIOR to me being released. Why is that? Is that allowed? What can I do? Where do I need to go to get the help i despretely need? YES I DO have documetation for all of it. I also learned that the atty I had hired, unbeknowest to me had RETIRED a full YEAR PRIOR to accepting my case. As soon as i found that out, i fired him. And he now refuses to pay me any of my retainer I paid him. Yes i have reciepts as to where i paid for his services in FULL. Can you PLEASE help me? I have a much longer story to tell, but i believe I've provided enough information for you to at least share with me, as to at least point me in the right direction. Thank you very much!
Sarah

#2 Fallen

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Posted 15 January 2013 - 01:28 PM

"I was never read my Miranda rights when I was arrested."

People have misconceptions about when Miranda rights reading is required; cops are only required to read it if they intend to ask you questions.

"NO investagating was done to determine if I were the pepentrator."

Welcome to the real world of law enforcement. Someone asserts X and that in general is good enough to decide "probable cause" exists.

It's unclear what your counsel has been doing all along. You also don't mention filing an appeal.

I'd focus on addressing the criminal charges/arrest stuff first. You can talk with a personal injury attorney about pursuing those you know or believe lied about you/abused the process and/or engaged in what is known as malicious prosecution (this would be accusers who lied to police or did X that was an abuse of the legal system to initiate you being arrested). What causes of action you have depends on your state.

"Where do I go to get help?"

It's not clear what you expect folks to say other than to talk with your PD or, if this person is inadequate, asking for someone else to be assigned your case. (You can also pester local bar association for pro bono or sliding scale fee referrals, as well as local law schools for senior student programs ... and large local law firms that have a pro bono practice, etc.)

"I also learned that the atty I had hired, unbeknowest to me had RETIRED a full YEAR PRIOR to accepting my case. As soon as i found that out, i fired him."

Have zero idea what you mean by "retired" (as though once "retired" one cannot decide to "unretire").

"And he now refuses to pay me any of my retainer I paid him."

We cannot know what he earned toward the fees, but you're free to file a fee dispute with the state bar (not the bar association, but the entity that licenses attorneys to practice ... google "attorney discipline" and the name of your state). I'd communicate with that attorney in writing first and ask him to explain what he did in your case and why a proportionate refund isn't/wasn't forthcoming, and advise him that you intend to pursue a fee dispute with the state bar.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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