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Questions regarding familt court case and then public

Customer Question
Questions regarding familt court...

Questions regarding familt court case and then public defender

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

New York

Lawyer's Assistant: Have you talked to a lawyer yet?

I have I was represented over a year ago by a public defender from Catskill NY the problem is the mother of my child is stating things from a court order I never received

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

I initiated the hearing so one of the things I was wondering was who should have written the final court order that the judge would have signed Actually there are a lot of specific questions I would like to know

Submitted: 7 months ago.Category: Legal
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Answered in 3 minutes by:
12/15/2017
Lawyer: Zoey, JD, Attorney replied 7 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,312
Experience: Active member of the NYS bar since 1989
Verified

Hi,

I'm Zoey.

I've reviewed your post. Are you not able to reach your public defender?

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Customer reply replied 7 months ago
I have tried to email him and have called the office and have not gotten any response back in addition to having made numerious trips to the county clerks office to get a copy of the court order even showing up and writing a letter to the clerk one time
Customer reply replied 7 months ago
also I should note this court case was about this time last year
Lawyer: Zoey, JD, Attorney replied 7 months ago

Public defenders are difficult to reach because they have heavy caseloads and are always in court. They are notoriously bad about returning phone calls because they are rarely anyplace during working hours where they can make a confidential call.

That said, if your public defender works for a defender organization, call the office and ask to speak to your former lawyer's supervisor. They have desk jobs and should be available to talk to you.

Tell the supervisor that you have a present family court matter, elements of which have to do with the criminal case your attorney handled, and there are things about the old case you need to confirm with your lawyer because they will be essential to your defense in family court. The supervisor can get the file and answer your question.

If your public defender was an 18B attorney and doesn't have a supervisor, leave a similar message to the above with his secretary or paralegal.

Typically, the attorney filing the motion drafts the order which the judge signs if he grants the motion. However, if the judge files a written decision, then the judge would write and sign that.

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Customer reply replied 7 months ago
If I initiate another motion against her will I be represented by the same lawyer? If so do I have the option to " fire " him for lack of helping me get what I want from the appearance? It seems like the whole thing was him making a " deal " with her lawyer that didn't benefit me. When I said I wanted it to be negotiated further he put my ideas down and just dismissed them. My son was assigned a law guardian but he was never interviewed ( he is 12 ) but yet she referenced " her client " as if she did talk to him. Obviously he was her client but the way she talked was as if she actually knew what his side was.
Lawyer: Zoey, JD, Attorney replied 7 months ago

No. Public defenders are only available for criminal cases. There is no right to a free lawyer in civil proceedings. If you file a criminal action against your ex, you wouldn't need a lawyer. You'd be represented by an assistant district attorney who would be bringing your case against her on behalf of you and the state of new york.

But in general, if you don't feel a public defender is representing you adequately, you could ask him or her to withdraw from the case and ask a judge to appoint you a new public defender. A public defender can be "fired" but you need the permission of the judge to do so. Early in the case, it's usually granted.

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