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Do you think this is a win for me?

New York, NY |

I was charged with aggravated harrassment in the second degree. My criminal defense lawyer negotiated with the prosecutor for a lesser charge. She ended up offering me something called a repleader and would downgrade the charge to second degree harrassment which is just a violation after one year, provided there are no new arrests.

Attorney Answers 4

Posted

It depends on what the facts were and how strong the case was and what your goals were. The harassment will not seal because it is a DV case so it will show up on a background check.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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3 comments

Asker

Posted

My attorney said the violation will be sealed.

Eric Edward Rothstein

Eric Edward Rothstein

Posted

Not fully.

Asker

Posted

What do you mean by that?

Posted

If it keeps your record clean, doesn't force you to trial or to expend more legal fees, its a win.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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Posted

Are you a citizen? Here on a green card? Illegal? Those are important considerations.

In general, you should rely on your attorney.

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2 comments

Asker

Posted

I'm a U.S. citzen My attorney said the violation will be sealed.

Joshua Sachs

Joshua Sachs

Posted

If you have doubts whether it is a good deal or not, review the evidence and status of your case with another NY attorney for a second opinion. But tell both your case attorney and the consulting attorney what you are doing so there will be no misunderstandings or hard feelings.

Posted

There aren't enough facts to determine if this is a "win". It's not the best result that was legally permissible but it may be the best result that could be obtained without risking a trial. If you are happy with the result, then it is a win.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.

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