You are presumed innocent by law. The prosecutor has the burden of proof to try to prove all the elements of the charge beyond a reasonable doubt. You have the right to refuse the plea offer and go to trial.
It is certainly possible to resolve the case prior to the October 6th court date. It is even possible to resolve it sooner if the prosecutor and your brother's attorney come to some agreement. There must be a considerable effort made by the attorneys if your brother intends to start in the next FDNY class.
Arrest warrants are signed by judges. If you were arrested with out probable cause your attorney can make a motion to the court and challenge the legality of your arrest. If a judge rules that the police did not have probable cause for your arrest then the case would be dismissed.
Your attorney will negotiate on your behalf with the prosecutor. Many prosecutors do welcome and some require the input from the store representative before making a plea offer. Any experienced criminal defense attorney will know how to navigate the case to your best possible outcome. Choose an attorney that has experience in cases like these.
While an ACD is not a criminal conviction there may be consequences. Iimmigration issues should be directed to immigration attorneys. Each individual has unique immigration issues, so please consult with an immigration attorney familiar with the criminal law.
There are many reasons why a sentencing can be adjourned. One common reason is that the pre-sentence report might have not yet been finalized and turned over to the judge and the attorneys.
Depending on the case, for instance, if it was a sentencing after a trial, there could be an adjournment granted if the prosecutor requested additional time to have a victim come to court to offer to the judge a victim impact statement.
Keep in mind most of the reasons for a sentencing adjournment are not...
If you refused to blow into the breath testing device at the police department then you would not be charged with an aggravated DWI because an aggravated DWI is for someone that blows a .18% BAC or higher.
Once you go before a judge on the DWI charges, the court will suspend your privileges to drive in New York. The court will also give you a date to appear in the New York DMV for a refusal hearing and another date to appear back in court to fight the DWI.
You are going to need to speak with...