I have allegedly been accused of drug sales in the form of a sealed indictment and my lawyer (paid) is refusing to get my motion of discovery, is he right? or should I find a new lawyer?
Answer
typically paid counsel should know more about the discovery rights of an accused than the accused but I have been surprised at the knowledge level of some attorneys who call themselves crimina defense attorneys... That being said, each county has different rules of practice thatthey abide by when it comes to turning over discovery. For example, Manhattan tries to withhold discovery until the last possible second. Brooklyn has a policy of turning over discovery much earlier in the life of a case. You are always free to fire an attorney who is not performing up to expectations butthe best practice is to schedule an appointment with the current attorney and find out specifically why the attorney is not meeting your expectations. Hopefully, it can be resolved. If not, feel free to contact me for a free consultation.
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