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Can a case be thrown out for misrepresentation?

Albany, NY |

Grand jury sent the case to trial.......jury found my son guilty. His public defender never called any witnesses on his behalf. Told family members we can't be present in case he calls us. No taint hearing , the testimonies of the plaintiff differed from the 1st story. Cops lost evidence for the case. DA had testimonies from professionals that had different stories as well.

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Attorney answers 5


I don't know about misrepresentation but those are appealable issues.

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)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


These sound like issues of fact and tactical decisions by the lawyer. Usually, these are not grounds for an appeal. Discuss these issues with the appeals lawyer.


The lawye was right to keep you out of the courtroom if there was a chance he would call you as a witness. Witnesses often give inconsistent statements. It is up to a jury what to believe. Did the Judge give a lost evidence charge? An appellate lawyer would have to read the transcript to see if claim can be made that the trial lawyer was inefffective.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.



Not sure of a lost evidence charge. Being my son is 18 , the lawyer never really told us anything. We requested his file from the lawyer and I am yet to receive it. He said in a couple of days and that was 8 days ago


What you seem to be asking is if you have an ineffective assistance of counsel claim. As the other attorney stated, get the transcript. Since he had a public defender he can probably get the transcript for free. Ask the public defender if he can appeal it and talk to another attorney about his rights on appeal immediately because time is running.

There are many factors that can affect how best to handle this matter and the best advise is usually to hire an attorney immediately. Unfortunately the advice above is a guess that is based on very scanty facts. Circumstances of all sorts can change the ultimate answer you need. If you want to know how best to handle the situation, make an appointment with an attorney and get good solid advise based on more exact facts. The money spent might give you the peace of mind you need. The information provided is not intended as legal advice that can be relied on in part because we do not have the entire the situation. No Attorney/Client relationship is intended, implied or created. We are a debt relief agency and we help people file for relief under the bankruptcy laws.


A conviction can be vacated on post-trial motion, appeal or collateral review upon a successful showing of constitutionally ineffective assistance of counsel. Such a showing is very, very difficult to make with any chance of success. The allegations you recite in your posting probably won't even come close, but much depends on the details of the case. Consult an attorney familiar with New York criminal appellate and collateral practice.