My question involves criminal law for the state of: NEW YORK
I have a psychotic, deranged, disturbed, criminally insane violent family member who has been sexually abusing me and trying to murder me and beating me since I was a child. They locked me in the house for 20 minutes and tried to murder me with a weapon and bit me in the arm and broke my fingers. They get upset over very trivial small bills and try to call the police on me.
I was arrested after this person got upset over a utility bill. I have severe health problems including strokes leaving me with mental impairment and asthma and sleep apnea and diabetes and glaucoma and hearing loss and poor vision. While in jail I was suffocating from the lung problems and sleep apnea and without a ventilator machine. Further I was beaten for no reason while in the medical clinic, my face was grabbed and I was pushed to the floor and then later beaten in the head, there was a camera in the clinic. I was having problems breathing in jail when they withheld my asthma medications.
I was told there is only 2 weeks to get the jail video footage from the clinic.
I was charged with a Felony D domestic violence charge and violating an order of protection (I went back to the house because of an emergency to get oxygen and medicines). I am not guilty of the charge it was fabricated by a mentally ill, delusional family member over a utility bill.
I was mentally handicapped and confused and delirious at the Felony D plea hearing after being beaten and having hypoxia, I had a sudden hearing handicap and aphasia from the stroke (the issue is my doctors don't always state this in my medical records and believe me but it is definitely true).
I thought that I was pleading guilty to the lesser order of protection misdemeanor charge not the felony. They had changed my lawyer on the Felony D charge without notifying me. I stated to the judge that I was forced to plead guilty because I was going deaf and I couldn't hear him because of hearing loss. I have read that this is very difficult to argue. I only have a free court appointed attorney that was a former DA and isn't fighting for me 200%.
I have less than 2 months before the sentencing and will soon begin pre sentencing probation.
How do I change my plea and what are my chances with a court appointed lawyer? How do I argue this in court? I would like to go to trial but I have heard that in these cases I would always lose. There is some possibility of diversion to a more lenient court since this is my first charge I have no record. Thank you so much.
My court appointed lawyer isn't fighting for me 200% he won't file the change plea motion now and won't send me an email with a list of the legal options. He laughed at my credentials and doesn't believe my story at first
I have a psychotic, deranged, disturbed, criminally insane violent family member who has been sexually abusing me and trying to murder me and beating me since I was a child. They locked me in the house for 20 minutes and tried to murder me with a weapon and bit me in the arm and broke my fingers. They get upset over very trivial small bills and try to call the police on me.
I was arrested after this person got upset over a utility bill. I have severe health problems including strokes leaving me with mental impairment and asthma and sleep apnea and diabetes and glaucoma and hearing loss and poor vision. While in jail I was suffocating from the lung problems and sleep apnea and without a ventilator machine. Further I was beaten for no reason while in the medical clinic, my face was grabbed and I was pushed to the floor and then later beaten in the head, there was a camera in the clinic. I was having problems breathing in jail when they withheld my asthma medications.
I was told there is only 2 weeks to get the jail video footage from the clinic.
I was charged with a Felony D domestic violence charge and violating an order of protection (I went back to the house because of an emergency to get oxygen and medicines). I am not guilty of the charge it was fabricated by a mentally ill, delusional family member over a utility bill.
I was mentally handicapped and confused and delirious at the Felony D plea hearing after being beaten and having hypoxia, I had a sudden hearing handicap and aphasia from the stroke (the issue is my doctors don't always state this in my medical records and believe me but it is definitely true).
I thought that I was pleading guilty to the lesser order of protection misdemeanor charge not the felony. They had changed my lawyer on the Felony D charge without notifying me. I stated to the judge that I was forced to plead guilty because I was going deaf and I couldn't hear him because of hearing loss. I have read that this is very difficult to argue. I only have a free court appointed attorney that was a former DA and isn't fighting for me 200%.
I have less than 2 months before the sentencing and will soon begin pre sentencing probation.
How do I change my plea and what are my chances with a court appointed lawyer? How do I argue this in court? I would like to go to trial but I have heard that in these cases I would always lose. There is some possibility of diversion to a more lenient court since this is my first charge I have no record. Thank you so much.
My court appointed lawyer isn't fighting for me 200% he won't file the change plea motion now and won't send me an email with a list of the legal options. He laughed at my credentials and doesn't believe my story at first
Domestic Violence: Severely Handicapped and Attacked by Criminally Psychotic Family Member
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