A while ago I took a plea deal to one count of aggravated harassment
, a misdemeanor
in NY state. Throughout the case I had 2 lawyers who represented me on and off, one would come to court when the other was unavailable. The case was in court for a total of five months but was supposedly investigated for a total of 11 months. The evidence against me was from an account I had with a private company. Two months into the court dates one of my lawyers realized that there was no search warrant
issued for my records in my case. She then informed my other lawyer about it and two weeks before I took the plea deal of one count of aggravated harassment (my lawyer told me to do so) my lawyer said to the assistant district attorney in the court room in front of the judge where everything was voice recorded, "Was there a search warrant or subpoena in this case?" The ADA flipped through his file with all of the paperwork for my case and looked at my lawyer with a smile and said, "No, would you like to make an issue of it?" So immediately my lawyer starts asking for a couple of violations instead of the misdemeanor and the ADA refuses and says, "No, we didn't need a search warrant or subpoena for his records, etc." The judge said nothing he just gave us another two weeks to work it out and come back to court. I should add that although a smart guy and I'm sure a fine attorney, my lawyer wasn't very attentive throughout my case, I normally had to fill him in about things, remind him about certain details and do a good portion of the research on the laws myself. So anyway, we go back to court and my lawyer tells me to take the deal so I take it. After I take the deal the ADA says I need to pay all of these different fines, which I did, everyone of them and then says that I need to pay a "DNA" fee. I was confused so outside I asked my lawyer what that meant and he said that they want to put my DNA in NY's criminal DNA database, I wasn't very happy about that. I looked up the law and found several news articles, and the actual law about the DNA situation in NY. It turned out that I didn't have to give my DNA after all like my lawyer said I did, there was no legal requirement for me to hand over my DNA so I told my lawyer and he sent a letter to the judge, my "DNA" fee that I paid was then mailed back to me. I was upset because I thought that a lawyer with 30+ years experience who went to a great law school would be up to date with the legal situation in regards XXXXX XXXXX if I didn't check up on the law then my DNA would be in that database right now. So a year goes by and I start researching search warrant and subpoena laws in NY state, I told the story to a few family friends who are attorneys and they all told me I got screwed because a search warrant or subpoena is indeed needed for my personal records.
I accepted that plea deal a little over one year ago. My question is since a subpoena was needed for my records and the district attorneys office went on record saying they didn't have one, was I wrongfully convicted? Should the misdemeanor on my record be quashed? Would this be an example of prosecutorial misconduct
? Could I get the conviction set aside since they didn't have the evidence they needed? Please help!