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I would like to refer this question to a civil litigation attorney I was illegally sentenced can i sue the City,State,Judge, Fed

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I had been sentenced to a petty larceny charge and given three years probation and agreed to pay restitution. three weeks into the original plea I requested from my defense attorney to restore my case back to the calender to request to modify the payments schedule,due to my social security disability benifites were being stopped due to an over payment. without any violation of probation. and my payments were not even due yet we presented the legal document to the judge without any given reason the judge said remand and my attorney was besides herself I spent one year in Rikers Island while incarcerated i had appealed my illegal sentence to the appeals court i received a favorable decision over one year after my release,I lost my apartment, my family resulted to a shelter,from this unjust

Attorney Answers 3


  1. Well generally Judges have a qualified immunity unless you can show intentional misconduct or fraud. Maybe there is some case against your lawyer or the D.A.? You should consult a civil lawyer that specializes in government tort cases. Don't delay as I am sure your State has claim requirements that require you to file a claim within a certain deadline or your case is barred! Good Luck

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


  2. No. NY judges get absolute immunity.

    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 should consult a lawyer that specializes in civil rights litigation. There may be immunity but for really egregious violations of civil liberties there may be some way to compensate you. I'm not saying you will get anywhere but it is worth a consultation with a civil right lawyer.

    This answer is not intended to be legal advice in a lawyer/client relationship. Misunderstanding of the answer or use of the answer for any illegal purpose is not the responsibility of the writer. The answer to any question in the Avvo website is constrained by the limited content of the question, an incomplete description of the facts underlying the question or a wrongful motivation for the question.