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Should a criminal defense attorney file a cross complaint?
Anonymous7 views8 answers
If a paid defense attorney represents someone and the client requests a cross complaint to be filed and the attorney does nothing and after case is resolved states
That's something you have to file. Is that valid?
It is very hard to file a cross complaint after the fact. The police often refuse to take them. In addition, whether to pursue it is a matter of legal strategy and therefore up to the lawyer.
The defendant can choose to file a cross complaint, but the police are not usually receptive to it unless it is done at the time of arrest, and both parties are arrested at the same time. Talk to your attorney about it, but it is probably a futile endeavor.
Richard C. SouthardCriminal Defense AttorneyNew York, NY ·
The attorney can not file the complaint as they are neither the victim nor a witness to the crime. Without firsthand knowledge of the events, they would not be permitted to file a cross complaint based on what you told them happened.
A cross-complaint is something that the complaining witness files. The police will not allow your attorney to file that. You, as the witness, must go in and be wiling to sign an affidavit attesting to the allegations. Your attorney is powerless to file a cross-complaint.