how can you get assigned a new attorney in new york criminal court

Ask the court clerk for forms you need to file a motion requesting a new attorney. Or you can simply ask the judge at your next court appearance. Judges are unlikely to grant such requests when the trial date is near since a new attorney will have to request an extension of the trial date in order to get caught up.

Full Answer

How do I find a lawyer in New York City?

To find an attorney call the Association of the Bar of the City of New York Legal Referral Service at (212) 626-7373 (English), (212) 626-7374 (Spanish) or check the yellow pages. Where do I find information on bail bonds? For information on bail bonds, check the yellow pages. Where do I pay bail?

What happens when an attorney is assigned to a case?

Once assigned to a case, you remain the attorney of record for the duration of the case unless specifically relieved by the court. This means that even if a client returns on a warrant after an extended period of time, you remain the attorney of record.

How to make a change in an attorney?

Making the Change 1 Carefully review any retainer agreement that you signed regarding payment. ... 2 Notify your attorney in writing that you have decided to terminate his or her services. ... 3 Be polite and professional in your communications with your old attorney. ... 4 Find your replacement attorney before you fire your old one. ...

Can a court appointed lawyer be changed?

Know the Rules About Changing LawyersYou can always fire your private lawyer and hire a new one without the court's approval. You can always replace a court-appointed lawyer (public defender, alternate public defender, or panel attorney) with a private lawyer without the court's approval.

What is a request for judicial intervention?

A form that a party files in an action that has not yet been assigned to a judge. The RJI is a request for the court to become involved in the matter and will result in the assignment of a judge, who will then preside over the action until its end.

How do I file a Rji in NY?

1) RJIs Generally The fee for filing an RJI (UCS 840, revised 2012) is paid to the County Clerk via the New York State Courts Electronic Filing System (“NYSCEF”) in e-filed cases and to the County Clerk's cashier's office, Room 160, in paper cases. A "fillable" form RJI is available on-line.

What is the IAS court in New York?

The New York state court system that provides for the continuous supervision of each action or proceeding by a single judge. Actions and proceedings are randomly assigned to the judges of the court once a party files a request for judicial intervention (RJI).

Why do cases get reassigned?

In the event of the protracted illness of a judge, or the unduly prolonged time for trial of a case(s) assigned to a judge, the presiding judge may order the reassignment of cases assigned to that judge to another judge or to a visiting or acting judge, as the presiding judge may determine.

When can you file a Rji in New York?

The court will not accept motions, orders to show cause, requests for court conferences, or any other papers until an RJI is filed. An RJI may be filed at any time after service of process and must conform to the requirements of 22 NYCRR § 202.6.

What does noi mean in court?

NOI – “ Note of Issue” Another court form which a party, usually the plaintiff, must file in order to place a divorce action on the court's trial calendar.

What is Rji in New York?

Under the New York rules, a judge is not assigned to a case until one of the parties files a Request for Judicial Intervention (or "RJI") Form with the clerk.

How are cases assigned to judges?

While for routine cases, there is a computer-devised coding system that lists cases, depending on the subject matter, to a particular bench, sensitive cases are assigned by the CJI to benches headed by senior most judges.

How to get out of court if you post bail?

A defendant can be released from the courtroom, if you post bail when the person actually appears before the court. Notify the court clerk of your intention to pay bail. The clerk will direct you to the cashier's office in that county.

Where to pay bail in Brooklyn?

For further information on inmates, bail, visiting hours, and travel directions call (718) 546-0700. Bronx House of Detention. 653 River Avenue, Bronx, NY 10451. Brooklyn House of Detention.

What happens if you are charged with a misdemeanor?

If you are charged with a misdemeanor, the officer must file a misdemeanor complaint in the Criminal Court. If you are charged with a violation, you may not have been arrested, but a police officer may have brought you to a police station to give you a desk appearance ticket ( D.A.T.).

How long do you have to go to jail for a felony?

If you are charged with a felony and are in jail because you were remanded or are unable to post bail, the prosecutor must present evidence in your case to the grand jury no later than 144 hours (six days) after your arrest.

What happens if the court of appeals does not review your case?

If the Court of Appeals decides not to review your case, or if that court affirms your conviction, you will have reached the end of the New York State appellate process. Further proceedings, such as applications to appeal to the United States Supreme Court, are beyond the scope of this Handbook.

What is a rap sheet before a judge?

Before seeing a judge, you are brought to Central Booking where your fingerprints and photograph are taken. During this period, a fingerprint report ( rap sheet) is prepared which shows your criminal history , if you have one. Meanwhile, the prosecutor consults with the police officer who arrested you.

How to settle a case without trial?

Once you, your lawyer, and the prosecutor become more familiar with your case, an attempt to settle (resolve or dispose of) your case without a trial may be made through plea bargaining with the prosecutor. A plea bargain can take a variety of forms. In one instance, the prosecutor may ask that you plead guilty in exchange for his or her promise to recommend to the judge that a particular sentence be imposed. In certain cases, the prosecutor may offer to allow you to plead guilty to a less serious offense than the one with which you are charged. Such a plea reduces the range of sentences the judge may impose. The judge is the only one who can decide what your sentence will be (subject to limits set by law) and all bargains must be approved by the judge. Plea bargaining may continue up to or even during trial. If you do not want a trial, you may always plead guilty to all the charges brought against you whether or not the prosecutor agrees. The judge will then decide your sentence.

What does a pamphlet mean in criminal justice?

Such a pamphlet could indicate briefly such matters as how our criminal justice system operates and what it means to waive an indictment or plead guilty; what are the elements of a trial; and what are the roles of grand and petty juries, attorneys, judges and magistrate judges.

What is an arrest in New York?

arrest: The act of being taken into custody by the police. Assigned Counsel Plan for the City of New York: A listing of private lawyers who represent people in criminal cases who do not have enough money to pay for a lawyer. The government pays for the services of these lawyers.

How long do you stay in jail for a misdemeanor?

If you are charged with a misdemeanor and bail is set and you can’t post it, you will stay in jail for approximately five days and if the prosecutor fails to give the court papers supporting the misdemeanor complaint (the papers are called the Information), a Judge will release you on your own recognizance.

What is it called when you answer charges?

You answer the charges by telling the court if you are guilty or not guilty. This is called the plea . Before the plea , your lawyer and the prosecutor may talk about settling your case without having a trial. This is called Plea Bargaining.

What is an arraignment in court?

Arraignments. The arraignment is the first time you go to court in front of a Judge. At the arraignment, you are told what the charges are against you and what your rights are, like the right to a trial and the right to have an attorney appointed for you if you don’t have the money to hire one.

What happens after arraignment?

What happens after the arraignment depends on the crime you are charged with and your plea. If you plead guilty, visit Sentencing. If you plead not guilty and are charged with a felony, visit Preliminary Hearing and Grand Jury, otherwise visit Pre-trial.

What is a bench warrant?

This is called a bench warrant. This means that the police will be notified to find and arrest you and bring you to court. If you posted bail, it may be forfeited. If the Judge orders a warrant this becomes part of your criminal record even if you are found innocent of the charges against you.

Can a judge release you on your own recognizance?

If the Judge orders bail, you are sent back to jail until the bail is posted. Learn more about Bail. The Judge can also release you on your own recognizance (ROR).

Can you be released without bail?

Learn more about Bail. The Judge can also release you on your own recognizance (ROR). This means that you promise to return for future dates without posting any bail. If you are arrested for a misdemeanor and do not have prior arrests, you have a good chance of being released without bail.

How much does a criminal defense attorney charge?

Some private criminal defense attorneys charge hundreds of dollars per hour, while others are more affordable. If you’re unable to pay for your own attorney, you may be eligible for a lawyer who will work at the government’s expense.

What does partial indigency mean?

If your income is not quite high enough to bear the expense of a private attorney and not quite low enough to qualify for a free government-paid lawyer, the judge may make a determination of “partial indigency.”. This means that you’re eligible for a court-appointed lawyer but must reimburse the government for a portion of your costs ...

What to do if you are arrested?

If you are arrested or learn you are under investigation, the first thing you should do is contact an experienced criminal defense attorney.

What is the Miranda warning?

This is reflected in the Miranda warning that police must read aloud when arresting someone: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed.

What are the issues in family court?

The family court deals primarily with the problems of children and their families. The court hears cases involving: 1 abuse and neglect of children 2 custody and rights to visit children 3 family offenses including abuse of spouses and other family members 4 children who may have committed crimes (Juvenile Delinquency) 5 children who are not charged with crimes but who may need supervision, treatment or placement (PINS) 6 paternity 7 support of children, spouses and ex-spouses 8 planning for children who have been in foster care for a year or longer 9 termination of parental rights

What is considered juvenile delinquency?

A juvenile delinquent is a person between the ages of 7 and 16 who commits an act that would be a crime (a misdemeanor or felony) if it were done by an adult. A 13, 14, or 15 year old who commits certain serious, violent acts may be treated as an adult in a criminal court or the criminal court may remove the case back to Family Court. In these serious cases where the actions are called designated felony acts, the District Attorney's Office will be the agency who presents the case against the juvenile.

What does it mean to have custody of a child?

Having custody of a child means that a person is legally responsible for the care of the child. Visitation rights are sometimes given by the court to people who no longer have custody of their child, but have the court's permission to see the child at certain times.

What is the first court appearance?

At the first court proceeding - the Initial Appearance - the judge will briefly review the petition and explain the charges or demands for relief. The judge will also explain what are the rights of the parties involved in the cases, unless the parties are represented by lawyers. In certain cases, the judge will assign a lawyer for a person who cannot afford to pay for one (see below, "Who Can Get a Lawyer") and may issue a summons for the other person to appear. In certain specific circumstances involving serious charges, the judge may order a warrant of arrest.

How long can a child be in foster care?

The parent must be given notice of this hearing and have his or her side heard in court. The law requires that when a child has been voluntarily placed in foster care for more than thirty (30) days, this hearing must take place and the parents must be told about the date of this hearing. The parents or guardian, a social worker, and a member of the agency involved should be at the hearing. The judge will decide if the placement is voluntary and necessary.

How long does a family offense stay in effect?

This orders the person charged to immediately stop harming or threatening the family or household member and may even order a family member to be removed from the home. The Temporary Order of Protection remains in effect for 90 days or until the court makes another order, whichever comes first .

How often do you have to appear in court?

You must appear in court each time on the date and at the time set. If you are the Petitioner (you filed a petition) and you fail to appear as ordered, the judge may dismiss your petition without further hearings. If you are the Respondent (a petition was filed against you) and you fail to appear as ordered, the judge may take your default and grant the petition without further hearings. Sometimes the court can have people arrested if they do not come to court when they are told.

Evan Edward Pierce-Jones

There is no magic way to be guaranteed of getting a new court appointed lawyer. Here are some things a defendant might want to try, and might want to think about: (1) So the case has been going on 3 years...That is not necessarily a sign of bad...

Michael R Crosner

Good advice from local TX attorney Jaggers regarding filing a motion.

Anthony Michael Solis

It is possible, but not often likely. Judges will replace counsel only where there is a conflict, a breakdown in communications or other clear reasons.

Macy Michelle Jaggers

Judges typically do not give you a new court appointed attorney (she assigned that one because she deemed him qualified). However, it does sometimes happen. His only chance is to file a motion asking for a new court appointed lawyer and include a demand a hearing on the motion. Nothing fancy, handwritten is fine.

How to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever. Common problems that clients report with attorneys include: 1 Poor results. The lawyer is simply not achieving the results you were led to believe he or she could achieve. 2 Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. 3 Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.

Why do judges get annoyed with lawyer shopping?

Judges in particular might become annoyed at a client who is "lawyer shopping," because this delays the matter and clogs their dockets. It also suggests that you are a difficult client, or that your claims are not meritorious.

What are the bad things about lawyers?

Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. Lack of professionalism.

Why is it important to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever.

Is a lawyer responsible for your own legal affairs?

One important thing to realize is that, even though you hired the services of a professional, you are still ultimately responsible for your own legal affairs, and for what your lawyer says and does on your behalf. If you believe there is a problem with the service you are receiving, it may be vital to your interests to do something about it.

Does a lawyer-client relationship last forever?

. . . like all relationships, the lawyer-client relationship does not always last forever.

What happens when a defendant presents his grievance?

The defendant presents his grievance, the defendant’s lawyer responds, and the judge normally asks questions to clarify the dispute. The judge will attempt to resolve the disagreement without having to appoint a new lawyer. If you seek a hearing, you must be prepared with organized and specific reasons.

What to do if you can't solve a problem without a court?

If you are unable to solve the problem without judicial intervention, you may ask the court for a hearing to request new counsel. You can normally make this hearing request directly to the court, but if you tell your current counsel of your wish to have this hearing, your lawyer would have an obligation to notify the court.

What are the reasons for seeking a new counsel hearing?

If you seek a hearing, you must be prepared with organized and specific reasons. Successful arguments for new counsel generally involve a significant lack of communication, failure to investigate key evidence, and failure to make valid legal arguments. Remember that your “opponent” in this hearing will be your lawyer.

What to do if you are dissatisfied with your lawyer?

If you are dissatisfied with your lawyer, your first step should be to raise your concerns in a conversation. If the problem persists and your lawyer is a public defender, you may contact the lawyer’s supervisor. In rare cases, the supervisor may assign a different public defender. This would be done without court intervention.

What is public defender?

In large cities, public defenders are often leaders in the defense community, with significant experience and ability. Court-appointed private attorneys who are under contract to provide services are also likely to have extensive experience.

What happens when you ask for a new lawyer?

At a hearing in which you ask for a new lawyer, the courtroom is typically closed to all but the judge, the defendant, and the appointed lawyer, and the record of the proceeding will be sealed. This means that neither the prosecutor nor the public will have access to a transcript of the proceeding.

Which amendment guarantees the right to legal counsel in all felony cases?

Updated: Dec 15th, 2020. The Sixth Amendment guarantees the right to the assistance of legal counsel in all felony cases. If a person does not have the financial means to hire an attorney, courts will appoint a lawyer free of charge in all cases, including misdemeanors, that have the possibility of incarceration.

What are the risks of a Marsden hearing?

Understand the Risks of Having a Marsden Hearing#N#There are many risks that you should consider before going forward. First, you are likely to lose - mostly because defendants are not usually well-prepared when describing the problems, lawyers are more experienced and know what to say to defend themselves, and the court may prefer to encourage you two to work your problems out. Second, if you lose, you are stuck with the same lawyer you've just publicly embarrassed. If you have a bad lawyer, they may be even more un likely to work hard on your behalf. (Note: If you have a decent lawyer whom you've misjudge, s/he will not hold a grudge. Good court-appointed lawyers understand that dealing with client frustrations are a part of the job.) Third - and, I think, the biggest risk - you may say something that would hurt your case in the future or eliminate defenses if your case goes to trial. See Step 9 for how to avoid hurting your case.

What to do if your lawyer fails?

If All Else Fails, Contact the State Bar Association#N#If the court denies your request for a new lawyer and there is no improvement in your lawyer's performance, you should consider filing a bar complaint before you are forced to go to trial with an ineffective and unprepared lawyer. IMPORTANT: You should only do this if you have a serious concern about your lawyer's representation. Filing a bar complaint will create a conflict of interest between you and your lawyer, requiring the court to provide new counsel. If you file a bogus complaint just to delay the trial, the judge is likely to get very annoyed.

What are the problems with getting a lawyer?

Understand Which Kind of Problems are Most Likely to Get You a New Lawyer#N#Three areas of concern: 1) significant breakdown in communication, 2) failure to investigate, 3) failure to file meritorious motions to exclude damaging evidence. COMMUNICATION: If there is an "irrevocable breakdown" (cannot be fixed) in atty/client relationship, you would be entitled to a new lawyer, so long as you did not cause it. Examples: persistent refusal to take your calls or to let you explain facts critical to your defense, won't explain strategic decisions or seek input, relationship has deteriorated so that the two of you cannot effectively communicate. INVESTIGATION: Lawyer has a responsibility to investigate your case, including interviewing witnesses, examining/testing physical evidence, consulting with appropriate experts, investigating credibility of state's witnesses, finding evidence to support your defense. SUPPRESSION MOTIONS: Lawyer must protect your rights and seek exclusion of damaging evidence unless there is a good strategic reason to fore go the motion.

What to do if your lawyer is not able to file a motion to suppress evidence?

If your complaint has to do with your lawyer's failure to file a motion to suppress evidence seized during an unlawful search, you want to avoid talking about any facts relating to your knowledge or possession of the items.

Why is filing a complaint with the bar important?

IMPORTANT: You should only do this if you have a serious concern about your lawyer's representation. Filing a bar complaint will create a conflict of interest between you and your lawyer, requiring the court to provide new counsel.

How to work things out with your lawyer?

Try to Work Things Out with Your Current Lawyer First#N#Talk to your current lawyer and express your concerns candidly. Give your lawyer a chance to explain their views and the reason for their strategic choices. It is not uncommon for lawyers and clients to think differently about the case. You may be relieved to find out that your lawyer actually is working hard on your behalf. Your lawyer may be able to show you why your proposed approach would actually hurt your chances. If, after discussing the problem with your lawyer, you still have concerns or your lawyer refuses to discuss the issue with you, then take it to the next step.

Why is a lawyer considered an expert?

The reason for that is simple: the court deems your lawyer to be the expert about how best to protect your interest. The court will not treat you as if you are co-counsel with an equal voice on strategic calls. Your lawyer is responsible for making the strategic decision in the case.