Legal Question in Criminal Law in Iowa

lawyer won't finish my wifes case

My wife was convicted of Vehicular Homicide 2 years ago and is currently doing a 10 year sentence in Iowa with $150,000 restitution. The attourney we hired an attorney and he charged us nearly $24,000 in fees. The attorney agreed to finish the case and not charge anymore to do so. My wife's car insurance paid $100,000 to the victims family and her lawyer is supposed to notify the courts to get the restitution reduced to $50,000 since the family has received $100,000 of the restitution (Iowa law). He not only hasn't done that, and my wife and I have asked him to do so at least a dozen times, but he also refuses to give back a couple of dozen personal photos that he requested for the case. Is there anything we can do legally to get our photos back and get the restitution lowered?

Thanks


Asked on 4/21/09, 10:24 am

2 Answers from Attorneys
Todd Miler Miler Law Firm

Re: lawyer won't finish my wifes case

It sounds like the last thing you would want to do is hire another lawyer, but that is my advice. The photographs are your personal property. Also, you need help you get the restitution issue addressed. If you do not want to hire another lawyer, you could always represent yourself on the restitution matter. A document would need to be filed with the court requesting credit for insurance payments. An evidentiary hearing would likely be scheduled and the State may or may not resist your efforts to reduce the restitution due. Again, I would recommend you consult with an attorney.

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Answered on 4/21/09, 10:59 am
Robert Luedeman solo practitioner

Re: lawyer won't finish my wifes case

I tend to agree with Todd Miler. You're entitled on a hearing to reduce the amount of the restitution, assuming that an insurance payment such as you have described is indeed payable against the statutory restitution amount levied. I suggest that you consult with your insurance provider to see whether this is so.

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Answered on 4/21/09, 1:44 pm


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