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.
I have seen many cases with State troopers as the arresting officer and have received the in car video in virtually all of them. You need to make a timely request for the video through the discovery process. There is currently a considerable delay in getting state trooper video. If you do not get the video your attorney may be able to make a motion to the court that could significantly help your case.
With no prior convictions for shoplifting or anything else I do not think that under almost any circumstances that there jail time to be served. Nobody is going to keep an eye on you 24/7. There may be other alternatives to the conditional dismissal program which is why you should consult with an attorney. If you do not have the money for an attorney then yes you should be represented by the public defender.
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...
The Order of Protection may have specific exclusions like school. Please review the Order. You can also reach out to the prosecutor if you have additional questions about this specific case. If there is a concern you may speak to the school administration just to put them on notice. You probably can not have the other person excluded.