Need to know what this can mean?

[marlnails]

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

Ok so i have a lawyer that is probono and she never takes my calls ever! Her lawfirm is the only one that is avalible for criminal court. with that being said, you can prob see my fustration.

Ok here is the question in its actual wat it went down. I am being charged with assault 3 and this is my first time being back to court since the arrainment. The D.A. presented a plea bargan for 30 days in jail plus restitution as my lawyer didnt accept. So the judge asked the D.A if they had any discovery and they said no. so the judge gave us another date next month to return. What does this mean and what happens if the D.A doesnt have discovery? Alsothis is my first ever time EVER getting into any trouble as this also pertains to my mentally disabled son who is 17 as the case is also being heard in family court and ACS is possibly returning him back into my care as they did with my daughter the first week after it happened. Date alledged was Nov 4,2008 and first court date for crimanal court was 1/7/09 next date set for 2/19/09. What can i expect next?

 

[cyjeff]

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

Ok so i have a lawyer that is probono and she never takes my calls ever! Her lawfirm is the only one that is avalible for criminal court. with that being said, you can prob see my fustration.

Sure.. but I am sure you can understand that she wants to focus her time on the clients that pay her, right?

Not that you shouldn't get a fair trial, but I wouldn't expect her calling you back within 5 minutes or anything...

Ok here is the question in its actual wat it went down. I am being charged with assault 3 and this is my first time being back to court since the arrainment. The D.A. presented a plea bargan for 30 days in jail plus restitution as my lawyer didnt accept

Most cases are resolved as plea bargains. You plead guilty to a charge in exchange for a reduced sentence or a defined penalty.

Your lawyer didn't like the DA's offer... off to court you go.

So the judge asked the D.A if they had any discovery and they said no

Discovery is the exchange of information between both sides... while that was very much an oversimplification of the term, the judge was asking the DA if there was any evidence that your attorney didn't have or have access to...

so the judge gave us another date next month to return. What does this mean and what happens if the D.A doesnt have discovery?

It means you go to full trial in about a month.

Alsothis is my first ever time EVER getting into any trouble as this also pertains to my mentally disabled son who is 17 as the case is also being heard in family court and ACS is possibly returning him back into my care as they did with my daughter the first week after it happened. Date alledged was Nov 4,2008 and first court date for crimanal court was 1/7/09 next date set for 2/19/09. What can i expect next?

The court may, but is certainly not bound to, consider your home condition. However, the judge may decide that the time to worry about what would happen to your son if you went to prison was BEFORE you assaulted someone else.

 

[marlnails]

response

I called her to simply to touch base and to talk to her about my case as she knows nothing other what I told her initially on my arraignment as this case in criminal court is also being followed by a case in family court between ACS and myself and the father. I have documents that she needs to prove everything I'm saying on the facts of the case for my NON - Guilty plea. This has been happening since i met her back in November 2008 and with all the calls i made to her firm she ONLY called me back once to say she thought nothing was happening since at the time there was no deposition from my son from the D.A. office. Her firm that she works for is the ONLY legal Aid representation for all of Staten Island Criminal Court.
My pro bono lawyer for family court doesn't act like this, so what gives? In Family court the case held against me is falling apart as now the ACS and children's services are saying they made a mistake by taking my kids out of my home As I've done nothing wrong to my kids to ever harm them and its the mental health mismanagement that's going on with my son's Dr's.
The father has been removed from the home as he is an active addict and is an danger to all. They don't bother him to even go for drug testing or getting a mental health assesment. That doesn't stop the dad calling the kids and bothering them and telling them that he's dieing and that he promises them things and he doesnt ever follow through? So i cant understand why they are bothering me when they need to go after the father as he started this whole problem anyway.