No Legal Aid Attorney for Suffolk County Traffic Tickets
- Cory Morris
- Sep 14, 2024
- 2 min read
Got into a New York Accident? Suffolk County Speeding Ticket? Appearance ticket in Central Islip or the Traffic and Parking Violations Agency? While you have the right to counsel for criminal matters, the Second Department Appellate Term states no Free Attorney for Traffic Tickets!
In Court, or traffic court, you do not automatically get a free attorney or legal aid attorney for traffic matters. While Most Accident Attorneys and New York Injury Attorneys (we do this work) take cases on a "contingency fee" that is not the case here says The case is People v. GERSHEN, 2024 NY Slip Op 62045 - NY: Appellate Term, 2nd Dept., 2024, You will have to pay for a New York Appellate Attorney, even if it is for a Suffolk County Speeding Ticket, that may result in the suspension of one's license, or a Suffolk County Uninsured Motorist Ticket that may have serious implications for future licensing, one's ability to drive.
So after the Suffolk County Traffic Conviction, the motorist made a motion. The Second Department Appellate Term observes that "Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered June 20, 2023, as a poor person, and for the assignment of counsel" should result in the motorist being allowed to proceed as a poor person but not the assignment of counsel.
You only get assigned counsel (e.g. a free attorney) if you are facing jail time and are indigent says the Second Department Appellate Term. So the motorist gets to proceed pro se in navigating the New York Appellate Process.
The case is People v. GERSHEN, 2024 NY Slip Op 62045 - NY: Appellate Term, 2nd Dept., 2024, and while the Second Department Appellate Term allows the motorist to proceed as a poor person, it "ORDERED that the branch of the motion seeking the assignment of counsel is denied" no free attorney for Suffolk County Traffic Violations "as appellant was convicted of a traffic infraction and is not subject to incarceration" Id. (citing People v Garcia, 93 NY2d 42, 46 [1999]; People v Letterio, 16 NY2d 307 [1965]; People v Russo, 149 AD2d 255, 258 [1989]; see also People v Farinaro, 36 NY2d 283 [1975]).)
Cory H. Morris, Esq. New York and Florida, Injury, Addiction, Accident, Call the Law Offices of Cory H. Morris, 631-450-2515 (NYS) (954)-745-4592 (FLA)
New York State Traffic Accidents, Criminal Attorney, Appellate Attorney, Suffolk County Speeding, Traffic Accidents and Nassau County Traffic Violations and Accident Injury, Fredom of Information Law and CPLR Article 78 and Appeals;
Traffic and Parking Violations Agency matters | Call 631-450-2515 or E-Mail info@CoryHMorris.com to arrange for an evaluation of your matter (injury, accident, traffic matter, criminal matter or appellate matter).
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