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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23561
Experience:  Active member of the NYS bar since 1989
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On August 28th my daughter's probation officer lifted her

Customer Question

On August 28th my daughter's probation officer lifted her P.O hold and made an agreement with the district attorney to modify her cash bail to a signature bond. She informed my daughter's public defender who was scheduled to appear at her plea conference on the first of September these facts. On the 1st he failed to show up. I was informed of the situation and contacted her attorney. He was rude, complained of the hour and a half drive to her court and gave no indication he would follow through to expedite her release. Since then he has not returned my daughter's calls, her p.o.voice mails nor arranged for her release. Question one: Is there a procedure l can personally perform to secure her release? Question 2: Is this attorney legally remiss and subject to legal or financials remedy?
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.

Hello,

My name is ***** ***** I am an experienced criminal attorney.

I'm sorry to hear about your daughter's situation. Does your daughter's public defender work for a defender organization, or his he a private attorney who also does public defense work? If the PD works for a public defender office, then he has a supervisor. And what you'd want to do would be to complain to that supervisor and let it be known hat your daughter is sitting in jail still because of his failure to show up on her court date or to advance her case on the calendar so that her bail conditions could be modified. Also make sure the supervisor knows that he is rude to you and is not returning his client's phone calls.

In my experience, the supervisor will see to it that the lawyer will start providing better representation and expedite what he can.

It's not possible to know whether this attorney can be sued for this. He has no obligation to talk to you, and he's not returning phone calls. That's unprofessional but not illegal and it doesn't mean he isn't trying to advance your daughter's case. Your daughter can file a grievance with her lawyer's licensing authority, however, as he has been remiss.

There is nothing that you personally can do other than to retain her a private attorney if the public defender won't do his job.

Customer: replied 1 year ago.
How much is a person's freedom worth, daily? If both her probation officer and the DA were willing to release her on a signature bond and her attorney was informed this, isn't he legally bound to act on these facts asap? Couldn't. This agreement to modify bail be drawn up, signed by the DA, and given to the judge's bailiff, then at a convenient time, stuck under the judge's nose to sign?
Expert:  Zoey, JD replied 1 year ago.

The lawyer should certainly be taking steps so that the court can order the modification of the bail conditions so that her family can bond her out. If he was unable to be there on her court date on the first, then he could have handed off the file with instructions to colleague who could have pinch hit for him.

All I am saying is that I don't know the reason for the delay and whether it's administrative or actionable because of the lawyer's negligence. I do know that at the very least, however, a complaint with a supervisor and/or with his bar would be in order.

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