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Getting re sentenced on a original court plea

Rochester, NY |

i plead out to a misdemeanor dwi and a auo 2nd and originally got 6 months of weekends and a $1500 fine. I was ordered to go on Mondays and Tuesdays. I did 5 months of weekends and i missed 2 days from the 5 month stretch now the court wants to re sentence me because of me missing the 2 days. Should i have a attorney when i go back to court for re sentencing or is it a waste of time and money? Considering i only had 4 weeks or 8 days left?

Attorney Answers 5


  1. You must have an attorney appear with you to avoid the worst sentence, up to 1 year in jail.
    Good Luck!

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  2. You need an attorney. The Judge can re-sentence you up to one year in jail.

    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.


  3. You're asking a bunch of lawyers whether you should hire a lawyer for a court proceeding. The answer is "yes." However, it is in our interest to say "yes." So I'll put it to you this way: suppose you had a toothache. Now, you could do some self help, grab a pair of pliers, and rip that bad boy right out of your head. Or, you could pay the money and go to a dentist. See the difference. But it's your call.


  4. The "weekend" sentencing is actually a week's time but served intermittently, so that you should get credit for one week for each weekend served. If your sentence was 6 mos and a judge sticks to it, then you get credit for each "week" you served. If he resentences you to a year, same principle. This should be confrimed with your attorney, and you should hire one, because you carry a lot more firepower in a court than you will without one, and s/he can advise you well beforehand what your options and best strategy is. Put another way, how much money would you earn working the weeks that you might serve in jail? Even if its the same as what you would pay a lawyer, which it probably won't be, the quality of life alone is worth it, no? So go see a lawyer...please.

    If you found this answer "helpful" or "best answer," please click so, with my thanks.


  5. Don't be penny wise and pound foolish. You are worried about the fee for one appearance, maybe a few hours of work when that could save you several months in jail? You must learn to make good decisions. People who drive drunk risk arrest, huge fines, a criminal record, injury, and could kill someone because they want to save a $25 cab ride. That is bad decision making. You should call the lawyer who handled your case or get Legal Aid to handle it.

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