How much time can a juvenile get for a 1st time robbery case?

Asked over 1 year ago - Jamaica, NY

My son and another boy was arrested for robbery. my son was seen as the agressor he had a razor that he did pull out during the robbery. They took a man's cellphone and then the following week attempted to take a womans phone. This is his first arrest, the other boy has priors for the same charge. my son is being tried as an adult in criminal court and the other boy in family court. The DA is offering a 1 1/3-4 and does not seem to want to offer him probation or a program. i know what he did was wrong and this defintely was peer pressure no one was hurt in the acts and he is 15 yrs old. He's currently out on bail. How come they arent offering him a program? is there anything that I can do?

Additional information

Thanks, He was just arrested last month but thy are already talking about sending the case to surpreme court. The lawyer suggests we not take the offer, but what happens if they offer him somehting higher? I mentioned all the character refrences and also he's a part of the big brothers program of nyc who was in court with us to show support. The lawyer feels all these things will most likely not make a difference. Can I offer to replace the phone and/ or pay a fine?

Attorney answers (6)

  1. Joseph A Lo Piccolo

    Contributor Level 20

    10

    Lawyers agree

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    Answered . They do not offer programs on violent crimes.
    They are taking a tough stance based upon the number and nature of the charges.
    A judge can give JO and probation without thhe DA's consent.


    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... more
  2. Howard A. Schwartz

    Contributor Level 19

    9

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    Answered . Speak to the attorney representing him. If a package is put together showing your son in a good light with future potential the a non jail sentence is possible. Queens is a very tough county for these types of cases. The judge can give a non-jail sentence without the prosecutor's consent. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  3. Benjamin J Lieberman

    Contributor Level 20

    9

    Lawyers agree

    1

    Answered . Its doubtful the DA would offer a program on a case like this. The judge could, however, offer a non jail disposition. If the DA isn’t going to budge on the offer, your sons attorney may very well be able to try and negotiate a deal with the judge.

  4. Michael Dreishpoon

    Pro

    Contributor Level 6

    7

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    Answered . Sir:
    I have handled many similar cases in Queens County (my office is 2 blocks from the courthouse) and usually can work out some sort of plea bargain deal that does NOT include jail time. Every case is different, so I cannot and will not promise that I can keep your son out of jail, however, it is possible.
    Feel free to call me to discuss this in greater detail.
    Michael Dreishpoon
    718-793-5555

  5. Robert Craig Lucks

    Contributor Level 3

    7

    Lawyers agree

    1

    Answered . The Queens County District Attorney's Office is offering a deal involving jail time because your son is charged with two separate Class C violent felonies, each unusable by up to 15 years in jail if he were an adult. It is possible, though, to avoid jail in some cases. As noted by my learned colleagues, the judge has the ability to give your son a non-jail sentence. If you'd like to discuss how that can happen, you may schedule an appointment with me. Call 718-793-9000. Good luck.

  6. Jeffrey Jose Estrella

    Contributor Level 13

    2

    Lawyers agree

    Answered . Yes, they are right. The judge can do a non-jail alternative if the DA doesn't reduce it but a good attorney may be able to plea bargain it down some.

    Hire an attorney today to protect your legal rights.

    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728
    E. Estrella.Jeffrey@gmail.com
    www.EstrellaLawyer.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more

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