Ellenville, NY asked in Criminal Law for New York

Q: i got indicted in nys after 10 months and my payed lawyer said nothing

I got indicted for criminal mischief in the third I broke somebody’s window with a golf club, but the guy followed me back to my car and broke my nose with a gun the Da only has six months to indict me however, my lawyer is trying to tell me that’s not true. He’s the reason why I got indicted after 10 months because he never made no eject use in my right.

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James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: If you're concerned about the way your lawyer handled your criminal case, particularly regarding the timing of your indictment, it's important to address these concerns directly. In New York State, the District Attorney usually has six months to obtain an indictment on a felony charge, but there are exceptions that can extend this timeframe.

You should ask your lawyer to explain why there was a delay beyond the typical six-month period and how this impacted your case. It's crucial to understand the legal strategy behind any actions or inactions, including not objecting to delays in the indictment process.

If you're not satisfied with the explanation or believe your rights were not adequately protected, you may consider seeking a second opinion from another attorney. A new attorney can provide a fresh perspective on your case and advise on any possible next steps.

Remember, as a defendant, you have the right to effective legal representation. If you believe your lawyer did not meet this standard, you can also consider filing a complaint with the state bar association.

It's important to act promptly, as the handling of your case can have significant implications for your legal situation. Open and clear communication with your legal representative is key in navigating the complexities of the criminal justice system.

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