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I was illegally sentenced by a judge in queens and won my appeal can i sue for the one year that i spent in jail.

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Filed under: Lawsuits and disputes

my request from my original attorney was to modify my payments for restitution of my original sentence of which was not due yet nor was i found in any violation of my three year probation in response to my request my attorney submitted a document from my social security disability indicating that they were stopping my payments due to an over payment. the charge was for petty larceny the judge out of anger from a previous case he remanded me to jail i lost my apartment and my family resulted to a shelter i won my appeal with Lynn Faey from the appeals court in New York City. I lost everything i own during my incarceration on Rikers Island The Appeal was Favorable an indicated the Judge was in error and in violation of my constitutional rights. I was not in any way in any probation violation

Attorney Answers 3


  1. Judges have pretty broad immunity for "official acts" even when those acts amount to an abuse of discretion. Your attorney should be familiar enough with your case to refer you to someone for a consultation if they're not interested in it.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.


  2. Judges have absolute immunity so you can't sue.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  3. You MAY have issues with
    your attorney. Contact the
    State Bar Grievance Committee
    and file a complaint. You may
    have a suit possible against
    social security for your problems
    PLUS lost payments IF they are
    AT fault somehow. Your story
    kind of jumps around and is
    hard to follow at times.
    Good luck!

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.