Who qualifies for a public defender in NY?

Who qualifies for a public defender in NY?

To qualify for a public defender, a person must have an income that is no more than 25% above the poverty line, based on the number of people in the household.

Is a public defender worth it?

We’re often asked if hiring a public defender is ‘worth it,’ or if ‘public defenders are any good. ‘ The common misconception is that public defenders aren’t worth the effort to try and obtain, or that they’ll not be as effective as a private attorney, but studies show that this is not the case.

Can you be denied a public defender?

Yes, the court can refuse to appoint a public defender if your case is in municipal court and the prosecutor is not asking for jail time. Also, you can be refused a public defender if you were able to pay the bond and get out of jail.

Does everyone have a right to a public defender?

Generally, the Constitution just gives you the right to have legal counsel if you are charged with a crime. It does not necessarily mean you have the right to free counsel — or the right to use a public defender — especially if you are wealthy and can afford an attorney on your own.

Can you fire a lawyer right before trial?

A client may believe that the lawyer is not prepared or is not acting professionally. While in most cases a person is free to fire an attorney at will, there are some exceptions. In criminal cases or in cases in which a trial is pending, you may have to ask the court’s permission for approval to change your attorney.

Can you switch attorneys in the middle of a case?

Yes. You can replace your lawyer if you have lost faith or confidence in your lawyer to represent you, you have the right to change counsel. If you hire a new lawyer in the middle of a case, that lawyer will need to get up to speed on the case and that will likely cost you some more time and/or money.

Can your lawyer fire you?

You can fire your lawyer if you are not happy with the services, but you will most likely still have to pay for all the work that they did on your case up until that point. If want more information on finding a lawyer, click here to read further about it.

Can I fire my lawyer and hire a new one?

It’s not a great option, of course, but if you hire an attorney, you can also terminate your relationship with one. If your case is not pending in court, you can fire your lawyer anytime. Of course, firing your lawyer can be costly, as its likely you’ll have to hire a new one as a replacement.

Can a lawyer drop your case without telling you?

Failing to pay your lawyer can justify them refusing to represent you any further, but only if you have been given written notice and allowed an opportunity to pay. A lawyer must also give the court registrar notice if they intend to withdraw from a matter that is being heard in court.

Can my attorney refuses to give me my file?

The attorney has no authority to refuse. She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.

What do I do if I’m not happy with my lawyer?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.