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Grand Larceny- Trial hearings at next court date? just remember hearing the judge say next court date trial proceedings

New York, NY |

I was arrested and charged with grand larceny for allegedly trying to deposit a check, I went to grand jury and spoke everything went well until the DA pulled out something else. I said nothing about the other thing but was kind of stuck this lead to me being indicted. I was never charged for the other thing but the DA hinted that why would I take the current case to trial because the can charge me for the next thing. I'm on probation for something theft related and facing jail time. My lawyer is basically saying nothing to me about strategy she just say's it don't look good. I have several documents that will contradict the DA case but theres my probation and this other threat made by the DA. is this a complete losing situation, When is it too late to change lawyers

Attorney Answers 3


  1. You can change lawyers. Don't wait. Hire a good criminal defense lawyer.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. You are between a rock and a hard place. It sounds like a plea deal needs to be struck factoring all the potential exposure. If you choose to fight, and win the grand larceny case, they will file other charges and the strength of those charges are unknown from your message. You would need to win both to avoid being violated on probation for committing a new crime and even if that occurs, it is no guarantee probation won't find another reason to violate you. Good luck.


  3. It's never too late to change lawyers. You have the right to the attorney of your choosing as long as you pay the fees. Your situation is exactly why it is risky to testify in the Grand Jury proceedings as you don't know the evidence the DA has against you. Your testimony may also limit how a new attorney prepares your defense as you have already given your version of events under oath. Plus the DA has had addition al time to try and collect evidence to contradict your version.

    I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling criminal cases. 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. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. You may contact me directly for a free private consultation if you desire.

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