Legal Question in Criminal Law in New York

Bad Check

In March of this year I wrote a check to my landlord for the rent, I phoned him the very next day and said do not deposit the check it is going to bounce, He informed me he deposited the check already. Since then I moved because he had told my neighbors about my bad check, I gave him my fowarding address, and my husband had told him to come by to work out a payment arrangement for the bad check, he never came or called, since then ive been arrested, I went to court monday in cayuga county, I tried to explain this to the judge, and i asked for a lawyer, The judge told me no we dont assign lawyers for bad check writing. He gave me until december 4th to pay the check off. I cant pay 500 dollars in that amount of time and pay the bills i have at the same time, I told the judge that he didnt want to hear it. Do I have the right to a lawyer? I dont know what to do, ive never been convicted of a crime before and i dont want a record.


Asked on 9/17/03, 11:05 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Bad Check

This is America - You have a right to a lawyer in ANY judicial proceeding. You have an absolute right to be represented by a lawyer in a criminal matter. If you cannot afford one (and are charged with at least a misdemeanor) the court is required to appoint a lawyer for you for no cost (our taxes pay for lawyers for those unable to afford a lawyer). The judge may have been very, very wrong.

The exception is in the case where you have been charged with the crime and the judge gives you an opportunity to pay off the debt (pay the check) with the case being dismissed if you do so. In other words, if you pay the check then the case is instantly dismissed. He gave you until December to do this.

But remember, if you don't pay it off by that time, you then have a right to a lawyer before anything more happens. The judge will appoint a lawyer for you then.

The judge violated the law that requires him to appoint a lawyer for you to save money. The government won't have to pay the lawyer if you pay the money.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 9/17/03, 11:51 am


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