Is it possible to have my 6 months waved.

Asked over 1 year ago - Potsdam, NY

I was charged with 4th degree grand larceny by means of extorsion a class e felony. I was sentenced to a 6/5 splits 6 months in jail and 5 years felony probation. The judge stayed the jail time for me to go to rehab and now im in a halfway house and am wondering if its possible to have my sentenced waved because incarceration would be detrimental to my recovery.

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20


    Lawyers agree

    Answered . If you plead guilty to the top charge (and it sounds like you did), the Judge has control over the sentence so it is possible ..... your lawyer needs to make a very good argument at sentencing, hopefully backed up by letters showing that you did well in rehab and are doing well at the halfway house. If you plead to something less than the top charge the DA would have to approve.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. Edwin Drantivy

    Contributor Level 18


    Lawyers agree

    Answered . Probably not, but it is worth making the request. Discuss your options with a criminal defense attorney in a confidential setting.

  3. Arkady Bukh


    Contributor Level 15


    Lawyers agree

    Answered . Of course discuss this option with your attorney and as stated above it might be beneficial to ask the judge. It is hard to say how it will go, but since you were convicted of larceny, rehab may not make a difference with one judge where it will with another.

    If this answer was helpful please click that block. Answers in the forum are only general and it is always best... more

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