Legal Question in Criminal Law in New York

Re: Charged With Rape

I can't tell what area of NY you are in but pretty much across the board Public Defenders are BUSY! There are also those that care and those that don't and there are those who are fantastic and those that leave something to be desired (just like in every other area of life). In a situation this serious and this sensitive, most people would want to choose the person into whom's hands he is placing his fate. You want an experienced attorney who you can talk to, be frank with and trust above others. Talk to many before you pick "the one." Good Luck.

Re: Charged With Rape

Your brother is facing a very serious charge and the District Attorney's Office will not investigate any evidence that he may be innocent. If his public defender is not meeting his needs, you may wish to retain private counsel. This may seem expensive, but your brother is looking at jail time and a permanenet criminal record as a sex offender (meaning he can never be a chaperone for his children's school, cannot work in certain jobs, may have to register with the city as a sex offender and have his personal information posted on a website for public access, etc.) Rape is a very serious charge and if your brother is innocent and the person making the allegation has a history of mental illness, he will need someone to zealously represent him. Bear in mind that the NY Times recently ran an Op-Ed piece which implied (from the perspective of a trial court judge) that people who accept public defenders are more likely guilty of the crime they are charged with(http://www.nytimes.com/2007/01/08/opinion/08hoffman.html) and that innocent people appear with their own attorney. This is a completely unfair opinion, but it is out there and rests in the minds of the general public and at least one judge who was willing to offer it as a reason why people represented by public defenders get higher jail sentences (on average) than people who retain their own lawyer.

Re: Charged With Rape

If your brother pleads guilty to a misdemeanor (he didn't commit), he may regret this his whole life. A misdemeanor is a "crime", and it stays on your record permanently.

He has other options and if he stands up to this and is truly innocent he should get the right result.

JAMES KATS www.lawjsk.com

Re: Charged With Rape

If your brother is not satisfied with his appointed attorney, he should consider hiring private counsel. Although it will be financially more costly for him, it is imperative that he hires an experienced criminal defense attorney who will give him the best chance for an acquittal. An honest attorney will charge a fair fee. Remember, you get what you pay for.

Re: Charged With Rape

If finances are a problem, then your brother will get what he pays for. This does not mean Legal Aid Aattorneys are not competent, it means that they handle very large caseloads and therefore can't give each case the attention it deserves. That being said there may be defenses available to your brother and a competent criminal defense attorney will pursue all possible options. This case will likely require a trial and trials are costly. I will be happy to discuss this matter further but not via the internet. You may call my office to set up a consultation.

Re: Charged With Rape

There are some defenses which your brother may have that may not be fully explored by a public defender as a result of lack of time, as many public defenders handle a high number of cases simultaneously and are not permtted to focus serious time on any one case.

You should consider hiring a private attorney that will assist your brother. My office permits payment plans, and is very flexible on payment options. Please feel free to contact my office for a free phone consultation on this matter.

You can reach us through email at the address provided below, calling us directly at 2127098303, or visiting our website at www.cgonzalezlawfirm.com