1st:Can I talk to the DA’s office directly now? 2nd: how to get a Subpoena from Judge by myself Queens Criminal court Domestic Violence Misdemeanor A

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1st:Can I talk to the DA’s office directly now? 2nd: how to get a Subpoena from Judge by myself Queens Criminal court Domestic Violence Misdemeanor A

1st Question: My private attorney discharged her duty as my counsel at last court date. Judge told me bring a lawyer next time.I  need talk to DA’s office before next court date. since I don’t have an attorney right now.  Is the DA allowed to talk to me at my strong request? 2nd Question: the complainant is mentally ill, can I go to the court before scheduled date, talk to Judge or send him a note, asking him to sign a subpoena for the complainant’s medical record? Will the Judge refuse to talk to me or read my note before the next scheduled date in June?

Asked on May 6, 2009 under Criminal Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you don't actually have a lawyer right now, the DA is allowed to talk to you.  But he or she is not required to talk to you.  Whether or not you can get the conversation to happen will depend on a number of things, and among those are the DA's schedule, personality and mood when you ask.  It also may depend on just how badly the DA wants to see you found guilty.  It also depends on what it is you want to talk about.

As far as the subpoena goes, I would think not, unless you can convince the judge that the mental health of the complainant -- the person you were living with, or had some relationship with, who is accusing you of domestic violence -- has enough bearing on his or her ability to testify truthfully against you.  This is something that has a much better chance of happening if you have a new lawyer working on the case. You can find an attorney at http://attorneypages.com


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