Legal Question in Criminal Law in New York
need advice
my bf has been indicted on a rob 2nd. .The 1st court appointed lawyer, never notified him of an offer of rob 3rd, 1-3 yrs. cap that was put on the table before he was indicted. we now have a paid lawyer that keeps saying he's going to file a 440 motion to dismiss indictment. Shouldn't the DA reoffer the rob 3rd due to his 1st lawyers negligence and incompetence? We presented phone records and other paperwork to the DA to prove his 1st lawyers negligence?
1 Answer from Attorneys
Re: need advice
If the current lawyer is talking about a 440 motion, before conviction, he does not know much about criminal law! That is a motion that is only made after one is sentenced for specified reasons.
The DA does not legally have to "re-offer" the original offer after Indictment, although under the circumstances some judges MIGHT pressure them to do so, provided the Defense Attorney handles the matter properly.
Good luck to you both.
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