What is the name of your state? NY
In July, 2007 I was charged with Assault 3 (Domestic Violence, misdemeanor) on my mother by the Cheektowaga Police Departmentment. The allegations are totally false, Ma has alzheimer's and when she gets angry she complains to my sisters (who I don't get along with) and she makes up stories that my sisters take as gospel and they're all too eager to try to make trouble for me. Ma's condition is so bad that while RETURNING HOME from a doctor's visit, she asked if she would be going to the doctor that day.
After I was arrainged and released ROR, I was given a no contact order, and an order stating that I could go back to the apartment (with police), to retrieve my property.
I went back with police twice, and each time they told me that all I could take was my clothing. Thus, now, 7 months later, I still have not been able to retrieve my belongings.
When I told my P.D. about this he just ignored it and said he was only representing me in the criminal matter, and that if I wanted to retrive my property, I would have to take my mother to small claims court. I NEVER thought this case would drag out for so long, so I decided to wait until the 6 month No Contact order expired, and just ask my mother where the property is (it is no longer in the apartment).
After the No Contact order expired in Jan. I went by my sister's house (this is where my mother is living now) to ask my mother where my property was, but I didn't even get the chance to ask her because my sister came to the door and screamed that if I don't get off her property, she'd call the cops. I kept knocking hoping my mother would come to the door but instead the police were called and I was trespassed off the property. I asked one of the officers to ask my mother where my stuff was and he came back saying my mother was sleeping (it was approx 6 PM). My sister holds my mother incommunicado, even cousins who call my mother can't get through.
Finally, at one court apperance I told the judge about the police not letting me take my property as he had ordered, and he told me it was a civil matter (he wouldn't even enforce his own Order).
On my last court appearance, my P.D. told me the DA offered me a 1-year ACD if I went for an anger management evaluation. I said OK just to get the matter over with, but when I got into court the judge was reluctant to take the plea, so my attorney told him the DA said there was no Medical Report and they couldn't get my mother to testify because of her condition... I WAS STUNNED!!! This info was never given to me before going in front of the judge or I never would have agreed to go for the evaluation. Now the judge was eager for the ACD with evaluation and in court I found out it was not just an evaluation, but any treatment the evaluation found necessary (this is something else my P.D. never explained to me before going in front of the judge).
I called my lawyer as soon as I got home and told him I wanted to withdraw the plea agreeing to an ACD with counseling, and he told me he would try to do it, but then he sent me an affidavit to sign, and the reasons he gave in the affadavit was that "I" was confused and didn't understand what I was agreeing to, rather than the truth, that I wasn't fully informed of the of availabilty of evidence and testimony because of ineffective counsel.
I received my mail late today and haven't had a chance to call my P.D. on this matter but I really doubt he is going to submit paperwork saying he screwed up.
So the main question I have is this... Can I get a different P.D. & if so, how? I didn't go through a Bar Assn. or anything to get this P.D., I was given his name by the court.
In the alternative, is it time for me to try to scrape up money I don't have (I am living on Soc. Sec. Disab. & S.S.I (total$749/mo.)) for a private attorney or even go Pro Se?
Any help or advice anyone can give me on this matter would be greatly appreciated!!!
(I know some of these P.D.s may be overworked but I have NEVER even had a sitdown with this one and on the last phone call I made to his office, I had to immediately call back because once he answered the first question he hung up, and I had other questions.)
Thanks to anyone who took the time to read this whole thing.
In July, 2007 I was charged with Assault 3 (Domestic Violence, misdemeanor) on my mother by the Cheektowaga Police Departmentment. The allegations are totally false, Ma has alzheimer's and when she gets angry she complains to my sisters (who I don't get along with) and she makes up stories that my sisters take as gospel and they're all too eager to try to make trouble for me. Ma's condition is so bad that while RETURNING HOME from a doctor's visit, she asked if she would be going to the doctor that day.
After I was arrainged and released ROR, I was given a no contact order, and an order stating that I could go back to the apartment (with police), to retrieve my property.
I went back with police twice, and each time they told me that all I could take was my clothing. Thus, now, 7 months later, I still have not been able to retrieve my belongings.
When I told my P.D. about this he just ignored it and said he was only representing me in the criminal matter, and that if I wanted to retrive my property, I would have to take my mother to small claims court. I NEVER thought this case would drag out for so long, so I decided to wait until the 6 month No Contact order expired, and just ask my mother where the property is (it is no longer in the apartment).
After the No Contact order expired in Jan. I went by my sister's house (this is where my mother is living now) to ask my mother where my property was, but I didn't even get the chance to ask her because my sister came to the door and screamed that if I don't get off her property, she'd call the cops. I kept knocking hoping my mother would come to the door but instead the police were called and I was trespassed off the property. I asked one of the officers to ask my mother where my stuff was and he came back saying my mother was sleeping (it was approx 6 PM). My sister holds my mother incommunicado, even cousins who call my mother can't get through.
Finally, at one court apperance I told the judge about the police not letting me take my property as he had ordered, and he told me it was a civil matter (he wouldn't even enforce his own Order).
On my last court appearance, my P.D. told me the DA offered me a 1-year ACD if I went for an anger management evaluation. I said OK just to get the matter over with, but when I got into court the judge was reluctant to take the plea, so my attorney told him the DA said there was no Medical Report and they couldn't get my mother to testify because of her condition... I WAS STUNNED!!! This info was never given to me before going in front of the judge or I never would have agreed to go for the evaluation. Now the judge was eager for the ACD with evaluation and in court I found out it was not just an evaluation, but any treatment the evaluation found necessary (this is something else my P.D. never explained to me before going in front of the judge).
I called my lawyer as soon as I got home and told him I wanted to withdraw the plea agreeing to an ACD with counseling, and he told me he would try to do it, but then he sent me an affidavit to sign, and the reasons he gave in the affadavit was that "I" was confused and didn't understand what I was agreeing to, rather than the truth, that I wasn't fully informed of the of availabilty of evidence and testimony because of ineffective counsel.
I received my mail late today and haven't had a chance to call my P.D. on this matter but I really doubt he is going to submit paperwork saying he screwed up.
So the main question I have is this... Can I get a different P.D. & if so, how? I didn't go through a Bar Assn. or anything to get this P.D., I was given his name by the court.
In the alternative, is it time for me to try to scrape up money I don't have (I am living on Soc. Sec. Disab. & S.S.I (total$749/mo.)) for a private attorney or even go Pro Se?
Any help or advice anyone can give me on this matter would be greatly appreciated!!!
(I know some of these P.D.s may be overworked but I have NEVER even had a sitdown with this one and on the last phone call I made to his office, I had to immediately call back because once he answered the first question he hung up, and I had other questions.)
Thanks to anyone who took the time to read this whole thing.