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I am being charged with grand larceny. Everything was recovered except for 1 item which is estimated around $35,000.00.

Mineola, NY |

I took items from a family member. Everything was recovered except for 1 item which is estimated at $35,000. They are telling me a misdemeanor charge & 3 years probation. Is there anyway to get it knocked to a violation & no probation? If I were to say I could pay the restitution of $35,000 in 1.5 years could I get a deal to have no probation? I cannot pay the restitution upfront, but can within 1.5 years. Is there anything I can do to have no probation, and possibly lessen the charge (not as important as no probation) without having to pay full restitution upfront? This is an alcohol related charge and I am going to addiction counseling as well for the case. I have been fully cooperative. Even if I paid half or a third upfront could I lessen the charge and no probation in anyway at all?

Attorney Answers 6


  1. More information about your case would be necessary to give a more specific response. However, I do not recommend posting any further details on the internet. Generally, it is possible but there are many factors to consider and it will be a difficult battle.


  2. As Mr. Elbert said, more information is needed but not electronically. No one can promise a specific result but through negotiation, a violation is a possible outcome although it will be a challenge. Good Luck!

    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.


  3. If I were your attorney and knew all the facts and the DA, I might be able to give an opinion. Since I am not, I cannot even guess what the DA will say. This is a matter for your attorney to explore.

    Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.


  4. Your ability to pay substantial upfront restitution could potentially help your current attorney to negotiate a better plea deal but the court and the DA will most likely not wait 1.5 years for you to get the funds together. Absent that restitution I would say that the offer will remain the same with some type of probation bc you can pay the money back through probation in smaller amounts as part of your sentence. However, we clearly do not know all the facts of your case and cannot give you the type of advise your current lawyer can. You can always consult with a new attorney if you so choose.


  5. I assume you were charged with a felony to start. There may be ways to get the case reduced to a violation or even dismissed.

    I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 17 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.


  6. Any of the results you mention are possible, as long as the DA agrees. It is your attorney's job to get them to agree. The more restitution you pay up front, the better your chances. Continued participation in addiction counseling may also be added to the deal. Typically the DA likes probation being involved because they monitor the restitution and that you are living up to any other conditions. Probation is not involved with violations. Also with a violation, the maximum punishment for failure to pay back the restitution would only be 15 days jail. In the DA's mind that might not be a strong enough incentive to fulfill your obligations. What I have had success doing in situations similar to yours is a deal where you plead to both the misdemeanor and the violation and once all of your punishment has been completed, you are allowed to re-plead so that only the violation is left on your record. Of course, the DA needs to consent to this in advance of the plea but it's more likely they would accept this than just a plea to a violation. Good luck

    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.

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