Legal Question in Criminal Law in New York

Re: Lawyers Responsibilities/Access?

usually the da will not respond to discovery demands until after an indictment--they don't really have to. however, in case you are mistaken, and the charge is only a misdemeanor, in which case there is no indictment, there should have been a demand made for discovery. some prosecutor's offices have a policy of no plea down if there's an indictment (although sometimes that's b.s.) so it's possible your attorney is trying to make a plea deal prior to an indictment being handed down.

Re: Lawyers Responsibilities/Access?

This is a problem.

1. If he has been arraigned, then he has been charged. An indictment for a felony and an information for a misdemeanor. Whether he has been charged by an indictment or an information, he has been charged and the clock has been ticking.

2. The defense must make a request for disclosure of much of the prosecution's information. Only 'exculpatory' evidence must be turned over without a request.

The clock has been ticking. There are some 60 days for the defense to make its motions (omnibus nmotion in NY State for information, evidence, witnesses, etc.) It is possible the 60 days have passed in which case he may still make his omnibus motion, but it requires approval by the court. (Few courts would deny it even after 60 days; but, legally, the court is not required to grant a late motion. An appeal would not be successful.)

A change of attorney would make the omnibus motion 100%.

3. Most criminal matters are ended by negotiation of a plea bargain agreement. However, the strength of the prosecution's case is an important variable in determining what is a reasonable 'offer' for the the case.

If your lawyer has no information, how can he know what offer he should accept?

This is not a good situation. You are welcome to contact me for a consultation. Bring all documents. (Email is best to schedule an appointment.)