Q: Is it possible to get a restitution charge dismissed due to ineffective counsel??
I was charged with larceny my court appointed lawyer did not explain to me that I was taking a plea or that I would have to pay restitution. This lawyer would not listen to me or look into evidence that would help me. They complained several times about how much work my case was causing them. Would not meet with me to discuss my case would not even talk with me on the phone and just dismissed me while I was trying to tell them about some evidence that would help my case. I found out I took a plea when I called the court to ask about paperwork to file an appeal.
A: You would need to successfully appeal and withdraw your plea first. That would remove the restitution.
You lost me at "I found out I took a plea when I called the court to ask about paperwork to file an appeal." When someone enters a plea, the judge asks a host of questions on the record designed and intended to prevent someone from later saying "I didn't know" / "I didn't understand" / "I was forced into this".
It is totally possible that all parts of the sentence you received were not fully discussed. And to some extent, they were probably unknown to your attorney. Unless there was a specific sentencing agreement, sentencing was up to the judge, and your attorney could speculate at best as to what would happen.
Mr. Carron is right: you would need to convince the court to allow you to withdraw your plea. Restitution is always required upon conviction when appropriate; a judge does not have discretion not to award a proper amount.
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