Richard D. Willstatter's Answers

Shouldn't the request to have state run concurrent with feds be discussed in court?

You might be able to order the transcript of the state court proceeding but it is possible that the state court defense counsel made this request off the record so even a transcript might not be definitive. It sounds like the federal prosecutors took the defendant off the street and that they have "primary jurisdiction" over him. You need to consult with a lawyer who is familiar with the interplay of MS state law (assuming that is the state) and federal criminal law. I would recommend you begin...

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Lied to by district attorney - can I appeal or withdraw the deal I took under false information?

You can move to vacate the conviction. You need to allege in your papers (yes, it should be in writing) that the DA told you on the record that your license would not be suspended if you took the plea. However, if NYSDMV suspended your license for some other reason, you would probably be out of luck. You could ask the DA to agree that your plea should be vacated...maybe he will agree since he admits he advised you incorrectly. DAs should not give legal advice anyway. It would be easier if you...

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Should i agree to this if the accusations are false? If so, should I attaina lawyer? Or would that look like I'm guilty?

When a law enforcement official, such as a detective, says that you have been accused of a crime, you should retain counsel right away and decline to answer any questions at least until you and your lawyer can talk it over. Even if the accusations are "false" as you say, there could be circumstances that could pose problems for you. The detective may later claim you said something which you did not say or which he misunderstood. Take my advice a hire a competent, experienced criminal defense lawyer.

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Found guilty of assult class c felony with 3 prior felonies. What kind of sentence can we get with these priors in ny? Thank yo

In New York, the applicable sentencing for a Class C felony assault (which is a "violent felony offense" under state law) depends on the nature of the prior felony offenses. There are specific statutory requirements to be classified as a defendant with a prior "violent" felony, one who is a "persistent felony offender" and one who is a "persistent violent felony offender." For example, to be classified as a persistent felony offender, the defendant must have previously served two separate terms...

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How much time can you do in prison on a 1-3yr frist timer

It sounds like you are asking how much prison time can be served on a first offense felony conviction in New York State if the defendant is sentenced to serve an indeterminate term of imprisonment of from one to three years. The prisoner would be eligible for parole at the end of one year but could be kept for up to two years if he does "good time." Also the prisoner migth be eligibel for work release. There is a new way to get parole called "presumptive release." Prisoners who are eligible for...

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My friend is charged with armed robbery, conspiracy, attemped kidnapping.

Prosecutors often attempt to offer leniency to an accused person to get evidence they can use to prosecute one of the other defendants. The credibilty and reliability of this testimony is often a major issue to be decided by a jury. The prosecutor's efforts to turn other defendants against your friend might indicate that the case againsit your friend is otherwise a weak one. And it might mean the prosecutor views your friend as more culpable than others.

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Fighting reckless endangerment and weapon possession charges under NY criminal code

What you say happened and what the police say happened may be entirely different. Have you reviewed the complaint filed against you? Have you discussed the matter with your lawyer? If your lawyer has not reviewed this matter with you, you should consider retaining other counsel. If holding or even swining a bat was a crime, there would be a lot of ball players in Rikers Island.

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Search Warrant

The search warrant gives the police authority to search a particular place for particular things. We refer to this as the "particularity" requirement of the Fourth Amendment. Once the cops or agents have searched that place thoroughly, it can later be argued that further intrusions are unreasonable and exceed the scope of the warrant. There is litle you can do while the warrant is being executed although sometimes counsel can go into court to seek limits on a warrant while it is being executed....

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What are the statute of limitations in NY for felony convictions

There is no expungement for criminal convictions in New York State. If your boyfriend has a felony conviction and is asked about whether he has been convicted of a crime on an employment application, he should answer the question truthfully. Bear in mind that public and private employers are not supposed to discriminate against people with criminal records unless the job readiness is affected by the type of conviction. For example, if someone is applying to handling cash and has a conviction...

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What is a felony screening? NY

Every county in New York has its own District Attorney and County (or Supreme) court to handle felony cases. So there is no general rule for how such matters are handled for purposes of negotiating a settlement by way of guilty plea before indictment. It appears that the D.A. has decided to make a pre-indictment offer before presenting your case to the grand jury. Your lawyer should be fully aware of all this. If you can afford counsel, you should retain a criminal defense lawyer. If your...

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