Legal Question in Criminal Law in New York

somebody please help... I need some info

Somebody please provide me with some information. This is very very SERIOUS!! My brother has been incarcerated in jail for a felony charge. He has been in jail for over 120 days. His public defender told him that he has put in a speedy trial motion on his 90th day however, he still has not been to court. As a matter of fact, during these 120 days, he has only been to court twice... Once for reading of the charges, and second for bail hearing. Believe it or not, he has not even pleaded ''not guilty nor guilty nor no contest''... He even does not know whether he is indicted or not at this time. Since he is upstate and I am in NYC, it has been quite difficult to get info since his public defender NEVER return calls nor letters. Do you have any suggestions to what should I do????? Isn't this violating my brother's right? If so, where can I contact??? What actions must be taken?


Asked on 12/20/05, 2:26 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: somebody please help... I need some info

Your situation is not unusual or illegal. Two court appearances is normal. The attorney may have entered a "not guilty" plea in writing. Public defenders often do not respond to family memeber inquiries, nor do they have to. The lawyer cant ask for a speedy trial unless he is ready to try the case, so maybe the lawyer isn't ready. If your brother is concerened he should write the judge but tell him not to discuss any facts of the case, just the procedure problems he thinks exist.

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Answered on 12/20/05, 3:32 pm


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