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Jeremy M. Saland's Answers
- 46 Legal Answers
- 1 Legal Guide
2
Attorney answers:
I rec'd a disorderly conduct charge in nyc (violation, not misdemeanor). Requesting advice
You are looking for an adjournment in contemplation of dismissal (ACD). That is a disposition you are looking for and it would not be an atypical result. Obviously, more information would be needed, but again, it is a common disposition. You should certainly attempt to avoid a Disorderly Conduct plea because there is a chance that such a plea would appear on a background check. If you were issued a summons then this may alter such a likelihood as you were not printed and put through the system.
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3
Attorney answers:
What does no disposition mean in a DUI case in New York
You should consult with your attorney and he should explain the status of the case and how he is handling your matter. It is likely he is referring to the fact that their is no offer being made or the offer is unacceptable. Maybe the prosecutor is stating that you must plead guilty to the top charge as opposed to agreeing to a lesser offense. He could be trying to get a better offer or he might be trying to have the case dismissed eventually on speedy trial grounds. Again, you should go...
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3
Attorney answers:
First time grand larceny
Obviously a felony, Grand Larceny comes in multiple in degrees. Depending whether the alleged theft is more than $1000, $3,000, $50,000 or $1 million, the potential sentence will vary. The three lesser offenses, Grand Larceny in the the 4th, 3rd and 2nd Degree, do not require a mandatory term of incarceration as a matter of law for a first time offender. That being said, the potential maximum sentence is 4, 7 and 15 years respectively. Assuming your crime was of the 4th Degree or 3rd Degree...
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5
Attorney answers:
Do I need a lawyer for a disorderly conduct summons in NYC?
Mr. Browde is correct. If you are not indigent, you are not entitled to a "public defender." However, at arraignment (your first appearance), you will not be sent home to return for an arraignment on a later date because you are not entitled to a "public defender." As a practical matter, what usually happens is that if the case is not disposed of on your arraignment date with your "public defender," the court will adjourn the case for the purpose of you returning with private counsel. However,...
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2
Attorney answers:
I got arrested for grand larceny and was asked to come back in 3 months what might happen
I agree with the other attorney that some more information is needed. However, generally, if you see the judge and your are released immediately or, in the alternative, the court is aware you will make bail, then often times the case is adjourned far out. 3 months is a long time, but the prosecution has the equivalent of 6 months to present a case to the Grand Jury where they can vote an indictment or "true bill." Even though the case is 3 months down the road, this can occur any time in...
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2
Attorney answers:
Petty larceny is pending what is next?
I agree with the attorney above, but would like to add a little more. First, assuming you paid restitution and the complainant is not pushing the case, an ACD is something that seems to be the proper disposition (assuming the People can prove the case beyond a reasonable doubt and you want to resolve it). However, if a case has not been corroborated or, in the alternative, a complainant does not cooperate, there is a procedural way to beat the case. Pursuant to CPL 30.30, the prosecution has 90...
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3
Attorney answers:
Possession in NYC
As a former Manhattan prosecutor and a NYC criminal defense attorney I can firmly state that your issue is little more complicated than what he was told by the officer. First, if he only had marijuana and it was his only arrest, then he would receive a Marijuana ACD. This means that in one year the case is dismissed and sealed. With a small amount of cocaine, the likely first time offer is a Disorderly Conduct violation (NY PL 240.20) along with community service. The issue he may have is that...
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2
Attorney answers:
What is the sentence for ROBBERY-1ST B Felony in new york?
If you are convicted of Robbery in the First Degree and you are a non-violent predicate felon, the judge can sentence you to between 8 years to 25 years. The prosecution can offer you something less on a "C" felony plea, but the judge would sentence you as a non-violent predicate felon as described above. This sentence is a determinate sentence (i.e., not a range of years) and would require post-release supervision as well.
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2
Attorney answers:
Petty Larceny charge - NYC - $60 - PLEASE HELP!!!!!
Generally, in Manhattan a first time offender for a Petit Larceny (155.25) shoplift is offered a Disorderly Conduct (240.20) with a couple of days of community service. However, his attorney should seek an ACD (adjournment in contemplation of dismissal) which will result in the case being dismissed and sealed. You may be able to get this at arraignment because of the nominal value of the property. If not, I would recommend coming back to court and fighting for that ACD. In the event this case...
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2
Attorney answers:
Shoplifting in ny, police involved
As a former Manhattan prosecutor for seven years (I worked for the office that is prosecuting you) and as a criminal defense attorney currently practicing in New York, I can confidently say that there is no difference between Midtown Community Court and 100 Centre Street when it comes to first time offender shoplifting. The usual offer is a disorderly conduct (240.20). While this will not result in a criminal record a background search by a future employer may reveal the arrest. It will not be "...
1 person marked this answer as helpful