Baltimore, MD asked in Criminal Law for New Jersey

Q: How are some people getting accepted into the drug court program with third degree aggr. assault charges?,N.J court

I have a pool attorney,and recently I had a suppression hearing that didn't go well at all! However,I asked the attorney to appeal the judges decision,,the attorney informed me that he was a trial attorney,and that he did not deal with appeals,that I would need another attorney to do appeals..."Sad excuse for an Attorney".Nonetheless,my question to you is what is the difference,and what type of other attorney would I need to obtain?.Also,if I fire the pool attorney would I be given another pool attorney?

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3 Lawyer Answers

Leon Matchin

PREMIUM
Answered
  • Criminal Law Lawyer
  • Milltown, NJ
  • Licensed in New Jersey

A: You don't have the luxury of firing a pool attorney. Your only move is to hire your own attorney. Every case has a life of its own. Many defendants are quick to blame their lawyer but more often than not it's the defendant's criminal case history, attitude and demeanor that prevents their lawyer from getting them the best possible result rather than the other way around. Truth is that trial lawyer can do the appeal he just doesn't want to because he's not getting along with you or he doesn't believe that it'll do your case any good or go anywhere based on his experience. You should be friendly and open minded with the lawyer you have especially if he's a trial lawyer because that means he's very experienced.

Howard Lesnik

Answered
  • Criminal Law Lawyer
  • Mountainside, NJ
  • Licensed in New Jersey

A: Court rules do not allow you to file an appeal until after your case is over. You have 45 days after you are sentenced to file the appeal. You also have the right to any attorney you can retain. However, if you were appointed an attorney, you cannot choose the attorney assigned to represent you. If you cannot afford an attorney for your appeal, an appellate attorney will be appointed for your appeal as well.

H. Scott Aalsberg Esq.

Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Drug Court is dicreatiionary so almost anyone the judge or prosecutor wants can get in pursuant to the guidelines rules. Yes some attorney simply don't do appeals, all can but some of us don't like myself.

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