Drug Crimes, Substance Abuse Assault 2nd misdemeanor,9 months plea?

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switzNY

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My jurisdiction is: new york,USA

cayuga county,auburn new york

i was picked up on april 1st for an assault 2 misdemeanor against a man trying to sell heroin to my wife and some friends and have retained counsel (Simon Moody) that appears to be doing nothing other than striking a deal with the DA and the judge. i have prior violent charges, one felony attempted assault and 1 misdemeanor attempted assault.my lawyer instructed me to get character references and has done nothing with them and doesnt plan to.for my first 2 court appearances one of his associates showed and only until my last court date did the lawyer im paying show up,only to tell me exactly what the other fella has been saying since april: the judge will do no less then 9 months in the county jail. he even said they are threatening to raise it to a felony. the pictures of the "victim" are available,but no medical report and im not so sure the "victim" is even pressing charges anymore. my lawyer also has told me that the DA has put everything in the discretion of the judge (McKeon), is that right? this is a judge that has seen me numerous times as a young man, and knows i now own a business in town,he even married my wife and I.

the court has been steady and strong with the 9 months in the county and my lawyer thinks its a waste of time to go to trial. when i retained my lawyer he said all sorts of nice things to make me feel at ease and now seems to be throwing my case to the wind.

in my limited experience in the court system,there is always a reduction in the plea but with this there has been none.

evidence against me includes:
3 statements from people at the bar
photos of the "victim"
some yelling i did in the police station.
prior violent record


im not sure what im asking. does it seem based on what little i wrote that my lawyer just doesnt give a crap? any advice would be wonderful.

ive had people say i should fire my current lawyer and go to trial with a court appointed one. some people seem to think its all a bluff to get me to plea out to the 9 months,but im not one for gambling,especially when it comes to ruining my business and not seeing my wife for 9 months,or possibly more if the charges are raised.


my next court date is july 22nd and have been instructed by my lawyer to decide whether i want to plea out or go to trial.
 
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Were you intoxicated?
Does your wife use illicit drugs, or have a similar history?
What is the content of the statements, and how are the witnesses related to the victim?

Your lawyer should be able to provide you with the last bit of information.

Depending on these you might have better chances with a jury than a plea. They can't raise the charges if you decide to go to trial. If you are really worried about that, fire your lawyer and ask for a continuance based on the fact that you are seeking other counsel.
 
thank you for your reply.

neither one of us use illicit drugs and only i have a history and have gone through treatment about 2 years ago...under the advisement of the same judge i have now and yes i was mildly intoxicated,hence my hollering in the police station ( i yelled "i kicked his ass proper" and "i knocked his ass out":( ).i have been wondering if somehow the judge,based on my history might assume this was a deal gone wrong or something and is trying to lay the hammer down,but i have over 6 people who were there that can give good witness to this man harassing my wife,themselves and other patrons to buy his drugs.among these witnesses on my side include the employees of the bar.i even told the cops everything and they said they would search him but i doubt they did and other people told me later that it was his girlfriend who was carrying it all anyway. so even if they did search him they wouldnt find jack either way.

the statements come from the girlfriend saying i walked up without warning and attacked and then kicked him 8 times when he fell. another was some random patron saying what he saw,which was me kicking him and a friend of the "victim" saying the same as the girlfriend but said i kicked him 5 times. im wondering when they had time to count for crying out loud.
 
anyone else? any ideas suggestions? can they raise it to a felony if i say i want to take it to trial? im assuming the previous person was saying that they cant raise it to a felony if im already in my trial procedure,but what about before? my lawyer says it almost like a threat,if i dont take the 9 months then they might raise it to a felony whenever they decide to find the medical reports.he has requested the medical records and has been feeding me this line since april and still i have not seen a report....should the DA and the judge have already given this info to my lawyer if it has truly been requested? or can they pull some doozy and yank it out only if i choose trial?
 
ah the internet forum...if there is one thing you can count on,its someone like you posting something like that,thank goodness your a "learned colleague" or i might expect a flaming reply with swear words and other jabbing retorts.

no i didnt pay to post on this forum (i give all my money to another crap lawyer in real life) but i did expect more than one reply...i now know that it was a dumb shot in the dark to expect so much from a forum. considering my current situation, your wise ass reply isnt really needed and was intended to do nothing more than cause a problem. i expected an intelligent discussion with people who actually have somthing positive to contribute and help me weigh my options. thanks for nothing skippy,
 
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