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Second opinion] I found out that my public defender has

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Second opinion] Hi, I...

Second opinion] Hi, I found out that my public defender has filed motions late for a diminished capacity defense. The government wants me to take a plea deal but i have and extensive mental health history. I was arrested in march of 2015 and it is so late in the game. What can I do this late if I am just finding out that my public defender has been giving me poor advice.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Western District of New York. Federal Conspiracy charges.

Lawyer's Assistant: Has anything been filed or reported?

An indictment was filed in March of 2015. It is so late now that most of my co defendents have accepted pleas.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The charge is Conspiracy to Manufacture and Distribute 500 grams of a mixture or substance of methamphetamine

Submitted: 1 year ago.Category: Legal
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3/22/2017
Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,584
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
I am sorry you had to wait a bit for a second opinion question.
I am sorry to hear about this situation. If the case is still ongoing, and someone in your situation does not want to plead insanity/diminished capacity, then one can INSTRUCT their attorney to alter the defense tactics. The attorney represents you, and generally would do whatever one asks, provided it is ethical. The Defendant and the Attorney together come up with the best defense. So if you have concerns about the defense tactic being diminished mental capacity, TALK TO YOUR ATTORNEY and if the attorney cannot convince you that this is a good step, one can ask them to alter the defense. It is not too late if it has not gone to trial, yet.
I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).
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