Posted 15 January 2013 - 12:48 PM
Posted 15 January 2013 - 01:28 PM
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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