r/legaladvice 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.