dropping my private attorney in IDV court, will they give me a PD

[musicalshore]

What is the name of your state (only U.S. law)? NY

I was recently arrested on domestic violence charges filed by my ex-gf. I hired a private attorney, from our initial consultation I was under the impression the case wouldn't get far. After the conference he's saying I should take a plea. I am innocent of these charges and while the plea would save time and money and only leave me with a harassment violation and a MICA program, this is still unacceptable and I can't plead guilty to something I didn't do.I can't afford to defend myself, my lawyer is telling me it will cost 15K to go to trial.

I consulted with another lawyer and he said they would give me the public attorney. However, after speaking with the IDV clerk, I'm not so sure. He says that my lawyer has to make a formal request to relieve himself and the judge will have to find that I can't afford a lawyer.

Does anybody have experience with IDV court?

 

[FlyingRon]

Public defenders are for those who are indigent and can not afford private counsel, not for those who have decided that they are unwilling to pay for their counsel.

 

[musicalshore]

OK, but I don't have 15K dollars to pay for my defense. Do I have to agree to work to pay it off? That's absurd. Suppose I'm found Not Guilty? I'm still out 15K that I don't have?

 

[justalayman]

You answered your own question:

He says that my lawyer has to make a formal request to relieve himself and the judge will have to find that I can't afford a lawyer.

your attorney will have to file a request to be relieved. You then can apply for a PD. The courts will review your financial status and make a determination as to whether you qualify or not. If you do, you will get a PD. If you don't, you can either hire an attorney or present without one.

 

[dave33]

OK, but I don't have 15K dollars to pay for my defense. Do I have to agree to work to pay it off? That's absurd. Suppose I'm found Not Guilty? I'm still out 15K that I don't have?

Unfortunately that is the scenario everyone faces when charged with
a crime. That is also why most cases end in plea bargains. In most
districts p.d.'s do not have many resources, therefore going to trial
with a p.d. is usually a quick way to get the maximum sentence allowed
by law. Protecting ones rights is very expensive. Also many attorneys
will not give you the option of a payment plan.


As far as a p.d. is concerned you can most likely get one. I am not familiar
with your district but you are usually interviewed by someone in the
office to see about eligibility. I do not think extensive investigations are
done to look into your finances. Usually a few basic questions than on
to the next one. It's not difficult. goodluck.