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

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

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Attorney answers 7


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

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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.

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Hire counsel

That will end it


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 named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


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 it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


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.


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