Legal Question in Criminal Law in New York


I am currently facing criminal charges for Grand Larceny and a Harassment charge for threatening to sue the local school board members over the mask mandates("What I said is I will do whatever it takes to protect my kids", in the context which was stated in an earlier email was in reference to suing the board members.). While the two cases are unrelated, the court is showing clear bais over me being against the mask mandates(Which is not law). The first thing the judge did when I was arrested and brought in for the harassment charge(Over the mask mandates) was to stuff a mask in my face and demand that I have to wear it, he knew damn well the reason I was mad in the first place was over the mask. How can I expect to get fair treatment facing this?

Besides the mask ordeal, I was assigned a public defender. Each time I talked with the guy, he told me something different than previous times.

The first time we talked, he stated he has case law that shows my case is civil and not criminal, even stated it to the courts, etc.

I was released without bail after the first appearance. The second appearance the court told me they messed up and I had to go to the county court(Due to having a prior felony 15 years earlier, which left me sitting in jail for 5 days. This was after I already was ROR from court after the first appearance. This I wonder if the court had the right to do? Seems messed up.

The second time I talked with him, he asked me to get him all the documents I could, etc. Then he stated that the D.A. was offering me probation and restitution with accepting a plea to the charges being pressed against me. That was that court date.

Postponed a few dates in between this time and I emailed over all the digital documents I had. I informed him I had two witnesses and some more documents that weren't digital to submit to him. He emailed me telling me we would meet up and go over all the files related to my case, including the ones from the DA. Also stated in an email that he would send a private investigator to get the witness testimony, which did not happen.

They postponed two more court dates since. I showed up to one of those dates and the lawyer left the building without ever me even being called up to the bench, etc. The court clerk let me know after the court was done that the lawyer left. (Which just shows a continued lack of representation)

Now I get him calling me and stating that I have 7 days to take an offer of 6 months in jail and 5 years probation or go to trial. I stated to the lawyer, "Last time we talked we were going to meet up and go over my case and I still have documents to submit to you!) He said he would call me back, later that day when he called me back and I brought it to his attention that the original offer was for probation and restitution, he simply stated, "Well this is the offer on paper!" This was the last straw for me. I already suspected that I could not trust the lawyer as he was a local in a town that was slandering me, very hard. To top that off, his response to me about going over the files was, "Basically they have all your phone conversations." This is unacceptable and the lawyer is actively hurting my ability to defend myself, I suspected the guy to be working against me from the start, just wanted to give the benefit of the doubt, etc.

My question is this, how do I go about asking the court to appoint a new lawyer? What could I do in my situation? They are trying to strong-arm me into a plea and I fear the lawyer might have made me miss time for discovery of the files I wanted to submit(Have no clue how that all works). Any help would be appreciated.

I have been to 6 court dates and the lawyer has not told me a single deadline, showed me a single document, and hasn't even talked about my case with me for more than a few minutes outside of a courtroom. What could I do? Just looking for fair treatment and wanting to build a defense.

Asked on 2/13/22, 3:18 am

1 Answer from Attorneys

Zev Goldstein Law Office of Zev Goldstein PLLC

You start off your story with reference to a previous email, which we clearly don't have. I only see one question in this long story.

What you described is not unusual. This is our system, unfortunate as it is. Public defenders rarely discuss strategy with their clients. He brought you the only offer made by the prosecutor, and it was your choice to accept or reject it. If you can't afford a private lawyer, stick to the one you have.

Oh, and don't be surprised if your case takes another year or 2.

This is not legal advice, but a perspective.

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Answered on 2/13/22, 12:34 pm

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