Q: A friend of mine has been brought up on criminal charges, her appearances are at the same court where she was employed.
She interacted with all parties involved in her case during her tenure at the court, many were her direct co-workers. it has become quite apparent that many parties involved in her case, including her lawyer have already formed opinions about her as a person and about her case in general. Her lawyer does not seem to be working in her best interest at all, and my friend has reason to believe that the lawyer and other people that lawyer works with have been sharing their opinions about her. Many people working on her case have been openly resentful to her, and have formed opinions about her based on what they saw when she was going through a personal domestic matter that they did not understand as they did not have all the details about the abusive relationship that my friend was trying to get out of. This includes her lawyer, who is not exploring the legal options that my friend has repeatedly said she wants to try for (drug court)This is a first offense, nonviolent drug charge .
A:
I'm sorry to hear about your friend's difficult situation. I hope this information helps clarify her options.
Disclaimer: This response is for general informational purposes only and does not constitute legal advice. Legal outcomes will vary based on specific details of the case not disclosed here. For personalized guidance, your friend should consult a qualified attorney licensed in New York.
Since your friend previously worked at the court handling her case and interacted with those involved, there are concerns about impartiality and potential bias. She can request a change of venue under CPL § 230.20 to have her case moved to a different court, promoting impartiality.
Regarding her attorney, she has the right to effective legal representation under the Sixth Amendment of the U.S. Constitution and Article I, Section 6 of the New York Constitution. If she feels her lawyer isn't acting in her best interest—such as not exploring drug court options—she should first communicate her concerns directly. If issues persist, she can formally request the court to appoint new counsel, citing specific reasons like a breakdown in communication or inadequate representation. The judge will decide based on whether the attorney-client relationship is irreparably broken.
If she believes her attorney is acting unethically—sharing confidential information or not advocating effectively—she can file a complaint with the Attorney Grievance Committee. Attorneys in New York must adhere to the Rules of Professional Conduct (22 NYCRR Part 1200), and violations can lead to disciplinary action.
She should document all interactions related to her case, noting instances of perceived bias, unprofessional conduct, or ineffective assistance. Consulting an independent attorney for a second opinion can provide clarity on her situation. If possible, hiring a private attorney may offer more dedicated representation.
She can address the court directly to express her concerns, either through her attorney or by representing herself (pro se), by filing motions to change venue, request new counsel, or highlight conflicts of interest. It's important to communicate respectfully and clearly during court appearances to effectively advocate for herself.
Your friend has the right to fair legal proceedings and effective representation. Given the potential conflicts of interest and concerns about her attorney, she should take proactive steps to protect her rights. Encouraging her to consult a qualified attorney for personalized advice would be beneficial.
I hope this information is helpful, and I wish her the best in resolving this matter.
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