How To Find Out Who is Prosecuting My Criminal Case

**WHATTHA.F** · 04-13-2012, 06:04 PM

My question involves criminal law for the state of: NEW YORK. I was charged with possession and sales of more than 16 oz in New York a week ago. My attorney can't find out who is prosecuting my case. The county says they don't have it. The attorney general's office say they don't have it. What the f is going on and why doesn't anybody have my case??? It's not big enough for feds--It's only 11 lbs !!! So why doesn't anybody have the case???? My attorney just wants to "get the facts" as soon as possible but can't find the damn case. What could be the reason???

**free9man** · 04-13-2012, 06:37 PM

What jurisdiction arrested you? Have you been arraigned? If so, in what court? Your attorney should start by asking them who they referred the case to. It's also possible, given that it's only been a week, that law enforcement has not forwarded the case for prosecution yet.

**WHATTHA.F** · 04-13-2012, 07:07 PM

I figure it just hasn't been forwarded. My attorney is extremely adept. I saw a judge and I posted bail and nothing else yet. Just want all the info they have on me. Know what I mean? 11 units wouldn't go federal would it?

**souperdave** · 04-14-2012, 08:25 AM

Eleven pounds is a significant amount! Your case may still be in the investigation stage(s) 'cause they would maybe wanna delve further into where the poundage came from, where it was going, how many players, etc...

Your "adept" lawyer should be "adept" enought to know that a case that size is not gonna exactly speed through the investigation processes. The Law wants to make sure they know everything about you and your cohorts. ESPECIALLY if they've never happened across any of y'all before.

**Mr. Knowitall** · 04-14-2012, 10:20 AM

If a charge is filed and remains pending, the court file will reflect the identity of the prosecutor's office that filed the charge. If that's all you're looking for, look in the court record.

It sounds like what we're actually talking about, though, is a possibility or probability that a different prosecuting authority will take over the charge from the prosecutor's office that initially filed it, such that nobody can presently talk to your attorney about the plans for prosecution or possible deals.

**indybail** · 04-15-2012, 06:23 AM

Perhaps your status is that of an arrestee and not one of someone who has been charged formally yet. In Indiana at least that is a possible scenario.

**cmre3456** · 04-20-2012, 10:30 AM

Quoting WHATTHA.F

I figure it just hasn't been forwarded. My attorney is extremely adept. I saw a judge and I posted bail and nothing else yet. Just want all the info they have on me. Know what I mean? 11 units wouldn't go federal would it?

I am really lost here. In New York, I believe that at arraignment bail is set or denied, and that this is done only after charges are brought. The defendant is given a copy of the accusatory document right then.

The other boilerplate type things such as telling you of your right to an attorney once more, appointing an attorney if you can't afford one and so on are done then.

It sounds to me as if you were arraigned, bail was set and met, so I don't understand how you don't have a copy of the accusations, signed by the prosecutor. I've never heard of a judge setting bail without an accusatory document showing probable cause to proceed.

How do they charge and arraign except there is an accusatory document? Where is the case file and what is the case number? Even if later they turn prosecution over to someone else, that notice would be filed.

If you were arraigned by a certain judge at a certain time and date it's in the record. If nothing else the judge's secretary should have the case number from the schedule.

Do you mean your attorney is adept, or inept, LOL. Seriously, which did you mean? Were you complaining about your attorney? Do you need answers about that?