"new york" attorney representation ended when case was dismissed

by Julien Lubowitz 6 min read

Can a criminal case be dismissed in New York City?

I want to thank the best team of lawyers in New York Greco Neyland and especially Medhi Essmidi who helped us make my dad's case come to a satisfactory resolution after a long year of stress and worry, Medhi believed in the innocence of my Dad and always fight to the end, he is a 100% efficient lawyer and also a very good human being.

How do I seal a dismissed case in New York State?

New York Charges Criminal Contempt-Case Dismissed. We recently represented a client in New York that was charged with Criminal Contempt in the Second Degree. The allegation was based upon a violation of a restraining order issued on behalf of our client’s former spouse. Our firm did an extensive investigation into the matter and presented our findings to the District Attorney.

When can a substitution action be dismissed in New York?

In the end, the District Attorney’s Office agreed that there was not enough evidence to prove their case against our client and based upon those conversations the District Attorney’s Office and our law office applied to the judge for a dismissal and the …

What does it mean when a case is dismissed voluntarily?

Jun 13, 2016 · NY Criminal Procedure Law § 255.10 lists seven types of motions, including motions for dismissing or reducing an indictment (felony charge). Adjournment in Contemplation of Dismissal (ACD) . In some misdemeanor cases, the prosecutor might offer an Adjournment in Contemplation of Dismissal (ACD).

William J. Dyer

It does matter a great deal what sort of case it was, what the terms of your engagement with the lawyer were, what the settlement agreement says, and what now needs doing.

Joseph Jonathan Brophy

What does your retainer contract say? If it is silent on this point, there is no easy answer to the question. More facts would be needed.

How to withdraw from a case?

If the circumstances require that the attorney withdraw from representation, the withdrawal is considered mandatory. Situations that could give rise to an attorney's mandatory withdrawal from a case include: 1 the attorney is not competent to continue the representation 2 the attorney becomes a crucial witness on a contested issue in the case 3 the attorney discovers that the client is using his services to advance a criminal enterprise 4 the client is insisting on pursuit of a frivolous position in the case 5 the attorney has a conflict of interest or cannot otherwise continue representation without violating the rules of professional conduct, and 6 the client terminates the attorney's services. (Learn more: How to Fire Your Attorney .)

What is voluntary withdrawal?

An Attorney's Voluntary Withdrawal. Where the circumstances permit, but do not require, the attorney to cease representation, the withdrawal is considered voluntary.The circumstances under which an attorney may withdraw mid-case include: there has been a breakdown in the attorney-client relationship that prevents the attorney from effectively ...

What does it mean when a case is dismissed with prejudice?

When a case is dismissed with prejudice, it’s closed for good. Neither party can reopen the case at a later date, and the matter is considered permanently resolved. On the other hand, dismissing a case without prejudice leaves ...

What happens if a jury fails to deliver a unanimous verdict?

When a jury fails to deliver an unanimous verdict, the defense may file a motion to declare a mistrial. The judge may ask the jury to take additional time to deliberate and attempt to reach a verdict, but if it becomes clear that an unanimous verdict is out of the question, the judge will declare a mistrial.

What happens if you breach protocol?

Breach of protocol – prosecutors and law enforcement officials are bound by strict protocol during an arrest, booking, interrogation, bail hearing, or pretrial activities. When your rights are violated due to a breach of protocol, this may serve as grounds to dismiss the case against you. Inadmissible testimony – the most popular example ...

How long does it take to clear a criminal record?

To clear your record, you’ll have to request an expungement. The process typically takes 4 – 6 months, and is best handled with the assistance of an attorney.

Who is the prosecuting party in a civil case?

In civil cases, the prosecuting party would be the individual or organization that filed the lawsuit. The victim in a criminal case may influence a prosecutor’s decision to voluntarily dismiss a case, but the decision ultimately rests with the prosecutor.

Can you get your case dismissed?

While it’s certainly possible to get your case dismissed, and you may even be able to have the charges dropped before the case goes to court, doing so will require the assistance of an experienced criminal defense attorney. Failure to close your case properly could leave the door open for someone to reopen your case in the future.