It seems to make sense to hire a new attorney at this point.
This is not a solicitation nor is it legal advice. An attorney/client relationship has not been established. The Law Offices of Scott Gross, PC 631-456-2326 Scottgrosslaw.com
Other than a matrimonial case, there is no per se rule about an attorney sleeping with a client. I do suggest you you get a new lawyer though.
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 Eric@RothsteinLawNY.com. 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.
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)
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.