Legal Question in Criminal Law in New York

Can I request an adjournment for a traverse hearing? Can the judge go ahead and sentence me with the motion on the table without

Asked 3 minutes ago - New York, NY

Dismiss an Attorney Order to Show Cause

My attorney filed an Order to Show Cause to withdraw as counsel less than 3 days before my sentencing hearing citing marital case law. They are calendering both the sentencing and the motion for relief together. This is a CRIMINAL CASE INVOLVING A FELONY DISPOSITION AND A BREACHED PLEA AGREEMENT BY THE PEOPLE OF THE STATE OF NEW YORK. I have paid this firm 30k and they have burned through the retainer and are seeking to withdraw as counsel for non payment and complaining that our relationship has deteriorated. What are my legal remedies? I am clearly not eligible for legal aide. Can the judge relieve them?

Additional information

This is a four year old white collar case worth approx 20k of reimbursed loss to complainants. This firm serves as the 5th counsel on this case. There is an unarraigned co-defendant involved and a possible cooperation agreement to assist in the apprehension and prosecution of the same. There is also an immigration issue and the consulting law firm is on holiday and has told me to put the matter off. The Order to Show Cause was served on me via email one day ago and it is filled with highly prejudicial commentary. - edit

Asked on 4/11/12, 6:12 pm

1 Answer from Attorneys

S. MICHAEL MUSA-OBREGON NY Musa-Obregon & Associates

Most judges would not take kindly to this type of motion. An alleged failure to pay is not a valid reason alone to withdraw under the circumstances, especially noting how much you paid so far. You have a right to respond to their motion in writing and request all the additional time you need, since your constitutional due process rights, as well as your right to counsel, are clearly being affected by their motion. You may also have a right to have a lawyer step in for the limited purpose of arguing against their motion and assist you in writing your motion in opposition. It appears like the lawyers maybe looking for an easy way out and abdicating their responsibility to you. Their strongest argument is claiming that your relationship with them is irretrievably broken: that's what you must fight against. Please call me for an in-depth consultation. 917-224-5497.

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Answered on 4/12/12, 6:34 am

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