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My boyfriend has a 140.25 FC (BURGLARY-2ND C Felony) whats going to happen to him?

New York, NY |
Filed under: Criminal defense

Hes been in rikers island since october 28th 2011, hes only 17. He has a sqeaky clean record, this is his first offense, and the only evidence they have is a statement and video from him saying he did it. when him and his brother were arrested the stolen property was found on his brother not him. His brother has a horrible record and hes on probation they both have court together the 31st of this month.

Attorney Answers 3


Many things can happen.

Although he's 17 and clean, I'm sure he is charged under "acting in concert" so the statement plus the stolen property on his brother could be enough to convict him.

He faces a minimum of 3 1/2 years if convicted as an adult. If he is given a youthful offender adjudication, he could get time served and pro bation or up to 1 1/3-4 years or something in between.

You should speak to his lawyer for a better understanding of the status of the case.

Joseph A. Lo Piccolo, Esq.
Hession Bekoff & Lo Piccolo, LLP
President, Criminal Courts Bar Association of Nassau County
1103 Stewart Avenue, Suite 200
Garden City, NY 11530
(O) 516-408-3666
(F) 516-408-3833

Sent from my Verizon Blackberry

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There are a wide variety of things that can happen to him but essentially they fall into two categories. Either your brother's attorney cannegotiate a plea bargain for him that is acceptable to your brother and he accepts a deal or he goes to trial and the DA has to prove the charges against him Beyond a Reasonable Doubt. A confession and video are pretty convincing evidence as jurors assume that people never would confess to a crime they didn't commit. That's not to say it's unbeatable but no lawyer could make that determination without reviewing all the evidence. You should be speaking to your brother and his attorney to see what if anything you and the family can do to help get your brother a better deal. Because he's only 17, he should have a shot at a non-jail or minimal jail disposition.

Richard Southard
I am a former prosecutor with over 15 years experience specializing in criminal law 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. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website

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There is a wide range of sentencing possibilities that streches from no jail time (ie probation) to up to 15 years in state prison. Your boyfriend can with accept a deal in a plea bargain or he can fight this all the way to and through a trial. The best thi g to do would be based on the facts and circumstances as well as the strenghths and weaknesses of the prosecuion's case. The attorney representing your boyfriend is in the best position to give proper advise. Good Luck.

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