Legal Question in Criminal Law in New York

search warrants\incompetent lawyer

i answered a knock at my door there were 2 officers there claiming to be a.c.s .i opened the door and was removed from the apt and told they had a search warrant i asked to see it i was told dont worry its downstairs.i was arrested along with my family for poss with intent to sell cocaine.it took 5 or 6 months for the warrant to be shown in court 9 or 10 months for the search warrant affadavit to appear. was there a legitamate warrant?.my case is almost15 months in court due to my lawyers refusal to ask that the time be held against the DA.even when asked by the judge would he like it to be. my brothers case was dissmissed when it was found that the police ''had no tools'' as he was told by his lawyer. the DA anounced ready at my last court date how long do they have now i am on for hearings. i refuse to plead guilty and i did not have any drugs ''in plain sight'' in my apt.


Asked on 8/23/07, 3:21 pm

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: search warrants\incompetent lawyer

The DA has 6 months to take action on your brothers case.

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Answered on 9/03/07, 9:14 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: search warrants\incompetent lawyer

They have 6 months from the date of indictment. Hopefully you were not in for most of this time.

Many lawyers do not like to press the DA in hopes they can wrangle a good deal. While I do not subscribe to that theory, it does work for some guys. You need to have a heart to heart with your lawyer and either he represents you your way or you go elsewhere. If he appointed he should ask you get new counsel.

Good Luck.

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Answered on 8/23/07, 11:29 pm


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