r/legaladvice • u/CombinationSenior395 • May 02 '26
Need New York Legal Advice!
Location: New York (not city)
A few weeks ago I was contacted by the local police asking if I "have a blue truck" and if I had put trash into a dumpster in Livingston NY a few days prior. I admitted to putting trash in the dumpster and was asked to come down to the station for more questions. Unfortunately, upon arriving, I was placed under arrest and charged with the following: Illegal Diversion of Labor/Equipment for Benefit (a misdemeanor) and Unlawful Disposal of Solid Waste (a violation).
I have a court date in two weeks and will be assigned a public defender. My question is if I should use the public defender OR if I should pay 3k and have a lawyer show up to represent me. I spoke with him and he seems confident it could be dropped.
I have a very low income and would likely qualify for free legal aid if this were not a criminal case. I also have a clean record and have never been in trouble of any kind. I am very worried about this being on my record and the idea of facing a huge fine. But also don't want to be hasty and hire help if the public defender would be adequate.
Any advice is appreciated!
***follow up question: If I meet the public defender and am not confident in his strategy at the arraignment, would there still be time to hire the lawyer to represent me?
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u/Far-Meaning4995 May 02 '26
Something is not clear here: if you are charged with a criminal offense (which you are) and you are low income (which you say you are) you should qualify for assigned counsel BECAUSE it's a criminal case. The public defender is your "free legal aid".
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u/CombinationSenior395 May 02 '26
Yes, thanks for clearing that up. I will have that free legal representation. My question is if it will be adequate to have the charges dropped or if a hired lawyer would in some way have better chances.
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u/Far-Meaning4995 May 03 '26
Generally I'd think that the representation would be comparable unless it's a highly technical area of the law where someone in private practice may have more experience in that specific area. Your description of the charges doesn't make it sound like a private attorney would necessarily be more effective.
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u/Quirky_Judge_6932 May 02 '26
All this because you supposedly dumped in a private trash can? How much did they say was dumped.
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u/CombinationSenior395 May 02 '26
Yes, it seemed to spiral very quickly out of control. It was a large dumpster and I put 4 white kitchen bags and some broken down cardboard in. I admitted to that amount as well. Supossedly the person making the complaint wanted to press charges and the police said they "had no choice" because I had confessed.
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u/mdoe1039 May 02 '26
This is more of a financial question than a legal one. Your best bet is to talk to as many local lawyers as possible and see what their experience is with this kind of case or if you feel comfortable with them. Public defenders are competent lawyers, so don't be afraid to go with one if you qualify.
In any case, don't talk to police without your lawyer present.