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Is it possible to have my 6 months waved.

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


  2. 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 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. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. 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 to contact a criminal defense lawyer to discuss your case. We handle NY, NJ and all Federal Court cases. Bukh Law Firm P.C., 14 Wall Street, New York NY 10005, (212) 729-1632. www.nyccriminallawyer.com

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