Legal Question in Criminal Law in New York

change the charge & no lawyer response

First ?...I was arraigned and commited to county jail for an A misdemeanor then they change it to an E felony the next time I go...can that be done legally? Second ?...over the course of a little over 2 months (from the time i was arraigned until now), I've contacted my lawyer (a public defender), a dozen times with not 1 response. On top of that I got released from a family court charge during this time and I had a warrant because my lawyer said he didn't have no clue where I was...what is it called for no contact between lawyer and client? and can i persue charges due to the warrant?


Asked on 10/26/08, 11:13 pm

2 Answers from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: change the charge & no lawyer response

whats its called is having a public defender... usually these people are working so many cases at one time that they can not dedicate any time to you or your case, at all... and you end up with situations like you described...

you should consider hiring your own attorney,. If you would like to contact us you can contact us at 212.709.8303

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Answered on 10/27/08, 8:11 am
Joel Salinger Law Office of Joel R. Salinger

Re: change the charge & no lawyer response

First, a district attorney can either upgrade or downgrade charges within a period of time due to the evidence and circumstances, they can even add charges.

Second, contact with your attorney is controled by time and availability. You should try to call the supervisor at legal aid to help with contact or request a new attorney, maybe 18b. You might be better off getting a private attorney if you can afford one or get a family member or friend to help you with the cost.

Third, what goes on in family court is not going to have an effect on this case if they are not related in your situation.

Last, no, you can not persue charges due to the warrant, you can only attempt to get the warrant expunged from your record.

Joel R. Salinger, Esq.

[email protected]

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Answered on 10/26/08, 11:52 pm


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