Being represented in criminal court by public defender will not share or accept information about my case What can i do?

Asked over 1 year ago - Brooklyn, NY

Will not accept evidence i.e. a 911 call and incident report that would support my innocence and will not discuss my charges with me I would like to have outside counsel review my case but they will not give me my case info They seem very intent on leaving me blind and working out a deal with the DA though I feel confident a trial would exonerate me and expose the charges against me as malicious

Attorney answers (7)

  1. Rory M. Alarcon

    Contributor Level 12

    8

    Lawyers agree

    Answered . Once you obtain a private attorney, the prosecution is required to share such information with him or her.

    The public defender cannot force you into any plea that you do not wish to take, but they usually have limited time for your case (most are excellent attorneys, but have so many clients that they cannot devote as much time to one client as a private attorney).

    Consult with a private attorney regarding your case. Many good ones are active on this site.

    Rory Alarcon, Esq., is a New York attorney practicing the areas of Family Law, Matrimonial Law, Foreclosure... more
  2. Hayley R. Greenberg

    Contributor Level 16

    4

    Lawyers agree

    Answered . I am sorry to hear about your situation.

    You should contact an attorney to discuss your questions as additional information would be helpful. You can ask for another attorney but that may bring problems, or hire an attorney.

    I wish you the best of luck.

    Please remember that I do not normally monitor these questions after I have posted a reply.

    Free phone consultation Monday — Thursday 1-5 pm.

    Hayley Greenberg

    Greenberg & Merola, LLP, Attorneys at Law
    91 N. Franklin Street, Suite 211, Hempstead, NY 11550, (516) 887-1975

    521 5th Ave. Ste. 1700, New York, NY 10175, (212) 593-6111

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  3. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . Hire a good criminal defense lawyer. Feel free to check out my web site and contact me.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  4. Alan James Brinkmeier

    Contributor Level 20

    4

    Lawyers agree

    Answered . Hire counsel

    That will end it

  5. Jayson Lutzky

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Retain private counsel ASAP, if you are not happy with your public defender. Plan B is speak to their supervisor.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  6. Yan Katsnelson

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    1

    Answered . With regards to taking a plea, you do not have to plead guilty to anything that you do not wish to plead guilty to. Upon taking your plea the judge will ask you whether you are forced into the plea or are you pleading guilty because you are guilty. IF you really feel that the legal aid attorney has pushed you into the plea then you can say that you are being pressured into the plea.

    As for the Legal Aid attorney who does not return your calls, my recommendation is that you hire a private attorney. As the saying goes, you get what you pay for. If you decided to stay with the Legal Aid attorney, try to call the main office number and ask for his supervisor. If that does not work, you can a method that I typically do not recommend. While you are up before the judge, ask the judge for a new attorney and list the reasons you are requesting a new attorney.

    Good Luck

  7. Stephen Charles Cooper

    Contributor Level 18

    1

    Lawyer agrees

    Answered . An attorney who won't answer his client's questions, or shre importatnt information with the cli9ent, is not serving the client and should not be allowed to continue to represent that client. Since this attorney is appointed and not privately retained, your only option is to ask the Court for a different attorney and explain to the Court why it is necessary. However, the Court will not continue to make changes every time you object so be sure that its the attorney who is not communicating rather than you who either is not listening or asking the same questions over and over.

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