Person is on parole and violated due to failure to report bc he had a domestic violence report that was filed and was later determined false and dropped however he had a warrant issued because of false report and because hes on NYS parole its an automatic violation! Problem is he has been asking to have case adjourned to hire private counsel and judge denied him 3 times and legal aid was representing him. Judge stated contested hearing would continue with or with out him. I have found out that his parole officer retired today 10/24 a day after the hearing..... Attorney in court room stated he could appeal decision and file a writ. How is this legal isn't it your 6th amendment right to request to fire legal aid and seek private counsel?! please help
Criminal law has its own statutes, and rules of procedure. Those lawyers who do civil law are often not versed sufficiently in these matters. It is essential in any criminal matter that a criminal defense lawyer be retained to deal with the government and its lawyers.
This question is being directed to the criminal defense section of this service.
He would have to file an appeal of the judge's decision to not postpone the hearing. However, if there were three separate court days where this took place, there would need to be an explanation as to why one couldn't be hired during that time period.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 22 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
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