Legal Question in Criminal Law in New York

Re: uncertain about lawyer

Under New York State Law, an individual does not bring charges, the bring a complaint. Charges are only brought by the District Attorney on behalf of the People of the State of New York. Once the District Attorney decides to bring charges based upon the complainant's complaint, the individual making the complaint does not have any control on the case other than whether to cooperate with the DA and the DA's office can bring considerable pressure on the person to cooperate.

I realize that this sounds confusing but if your attorney is telling you that the plea bargain is appropriate, unless you are positive that this is the wrong decision or if you are trully innocent and want to spend the time and money to take the matter to trial, I would trust your attorney or get second opinion. Call another lawyer.

Joel R. Salinger, Esq.

Re: uncertain about lawyer

Under New York State Law, an individual does not bring charges, the bring a complaint. Charges are only brought by the District Attorney on behalf of the People of the State of New York. Once the District Attorney decides to bring charges based upon the complainant's complaint, the individual making the complaint does not have any control on the case other than whether to cooperate with the DA and the DA's office can bring considerable pressure on the person to cooperate.

I realize that this sounds confusing but if your attorney is telling you that the plea bargain is appropriate, unless you are positive that this is the wrong decision or if you are trully innocent and want to spend the time and money to take the matter to trial, I would trust your attorney or get second opinion. Call another lawyer.

Joel R. Salinger, Esq.

Re: uncertain about lawyer

YOur lawyer didn't accept the charges he reccomended you take the plea bargain and you accepted the charges.

This will sometimes happen and is a legal fiction. IF that was the case, your lawyer should have taken an ALFORD or SERRANO Plea where you wouldn't have to swear to facts that were untrue.

If you beleive you were poorly represented you better get to another lawyer soon otherwise you will have almost no chance to challenge the plea you made.

Good luck.

Re: uncertain about lawyer

your attorney CANT take any plea offers without your permission, you are the ultimate deciding factor in your case - as far as the disposition goes - it is 100% your decision.

If you are having such issues with your attorney, this is an inherent conflict, and if your attorney is legal aid you would qualify for another attorney... if however, you chose ot hire someone yourself - then this is your decision as well... it probably would be your best bet too...

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