Legal Question in Criminal Law in New York

Changed charge

i was charged with sexual misconduct 3rd, the public defender had the charge changed to harrassment 1st, and left office. his assistant at court told me in private that he quit frankly didnt believe me right befor court and told me that by excepting this charge, that i was admitting to the original charge. was it legal as my attorney to tell me that? and that he didnt believe me


Asked on 9/06/07, 10:19 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Changed charge

An attorney should never misinform his client. In some courts, a judge will accept a lower plea but require an allocution to the charge. It isn't what is contemplated by the law but judges are judges and have certain idiosyncracies.

As for your lawyer telling you he didn't believe you, I am sure what he inartfully was trying to say was that he didn't find your story to be believable and didn't think he could convince a jury of a reasonable doubt. I would be suprised if a trained PD disbelieved the client without reviewing the proof and the testimony and the situation at hand. I believe all clients have a right to be believed by their attorneys until it is proven to the attorney that they are lying, however it is also the obligation of the attorney to tell the client when his story is beyond the pale and won't be accepted by a jury no matter how true it may be.

Good Luck.

Read more
Answered on 9/08/07, 10:01 pm


Related Questions & Answers

More Criminal Law questions and answers in New York