Also its his first offense. He cooperating with the feds. But hes been illegally in the country for 9 years. what should i do?
On the immigration issue, hire a good attorney asap.
Grand Larceny 1 is a B felony, not a C w/a minimum of 1-3 years upstate.
But 155.40 is 2nd degree which has a minimum of Time Served and probation.
Joseph A. Lo Piccolo, Esq.
Hession Bekoff & Lo Piccolo, LLP
President, Criminal Courts Bar Association of Nassau County
1103 Stewart Avenue, Suite 200
Garden City, NY 11530
Sent from my Verizon Blackberry
----- Original Message -----
It may be possible to get 5 years probation on PL 155.40. I sincerely hope he is represented by counsel if he is cooperating with the federal governement on state charges. Has there been a formal cooperation agreement? What are the terms? What has he been promised? You need to be speaking to his defense attorney as cooperation can change things for him.
You mentioned a state charge but also said he is working with the Feds. There are rare circumstances where federal prosecutors will help defendants with their immigration issues. Make sure the defendant has an attorney he trusts to work on this very serious issue. There may come a point in time where you need to hire an immigration attorney. If you would like to discuss this matter further you can call my office or email me at firstname.lastname@example.org. Good luck.
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