Private lawyers get paid to work. Public defenders and pro bono lawyers have a long list of clients needing assistance. It is a budgetary problem. Good luck in finding the appropriate attorney.
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 www.mynewyorkcitylawyer.com.
If someone is indigent the court appoints a public defender which is free of charge.
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.
Thank you for sending such a sincere plea for help. The criminal justice system can be overwhelming especially to those going through it for the first time. I am certain that there is a local attorney in the county that this case is pending that will be willing to work on this case and help your friend. I see that your post is from Buffalo, NY so I am assuming that this is a Buffalo case. I hope that you are contacted by a local attorney willing to help. In the meantime if you wish to reach out to me I would be willing to speak to in order to point you in the right direction.
Note: For informational purposes only. Seek an in person consultation with an attorney to be informed about all of your rights.
Your frustration is well justified. This is precisely the kind of case that tends to fall through the cracks. It is a strain on the system to get pro-bono attorneys, public defenders, and assigned counsel involved with all of the arraigned criminal cases involving indigent defendants, just to assure a fair trial or plea disposition. The 6th Amendment to the Constitution and the cases that have flowed from that compel the government to provide attorneys at that stage. Most efforts by bar associations are geared toward assuring competent representation at the trial stage, and secondarily, for any appeals. After that, the next priority for the pro-bono bar is to exonerate people who have been wrongfully incarcerated. When someone has been incarcerated following a fair trial, but has remained in prison for longer than they were properly sentenced, such victims generally find themselves at the end of a long list of people looking for pro-bono assistance, and it can take a very long time before their case will be picked up - if ever. Private attorneys love wrongful incarceration cases, because they can be lucrative (in New York State, Court of Claims Act 8-b provides relief, and the Due Process claims can also find exprression under 42 USC 1983 with fees being provided for under 42 USC 1988). The trouble is, 8-b claims are predicated on actual innocence, and the constitutional claims find greater value in lengthy incarcerations when the wrongfully detained prisoner has lost revenues and been subjected to injury during the period of incarceration. Your friend's situation offers little financial incentive for attorneys who operate on a contingent fee basis, and is a lower priority for already over-burdened pro-bono attorneys. However, I will certainly be glad to speak with you to see if something can be done. Your friend is fortunate to have you to lend your credible voice. By far, the majority of victims of the system are voiceless. Feel free to call me at 716-636-7600.