Any time I asked him any questions he ignored me or didn't know the answers and when I met probation they told me my attorney was supposed to tell me about all of the terms. On my plea it just said probation and my lawyer/lover failed to tell me so many things. I did not accept probation yet and don't know if I should turn it down. I am hurt and feel my attorney dropped the ball and never want to see him again. He is more worried about him getting in trouble for starting a relationship with me than anything that is going on with my case. I feel used and ignored. Now I have no idea what to do. Do I replace him? What would I tell the judge?
The only ethical prohibition as to having sex with an attorney is if the client is a matrimonial client. Then, your question raises more questions then it explains. You state that you met with probation but did not accept probation. Rest assured if you allocuted to a plea for a term of probation you allocuted to the terms in open court and you signed off on the terms in the court record. Like many criminal defendants you likely were not paying attention or were in denial. If you would like you can retain an attorney to pull the file and review for some sort of constitutional error to restore your case to the calendar. Expect to spend up to $10,000 for that service.
You have to replace him and get advice that is not tainted. You tell the judge nothing. Your new lawyer will speak with the judge.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
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