Expect high bail. Hire a criminal defense lawyer to arrange the surrender. He should not go without a lawyer and should not speak without a lawyer.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Did the alleged crime occur in New York, or in a different state? If your husband were to surrender, would it be in New York, or in a different state? If crime occurred in New York, and he turns himself in to the authorities in the same part of New York, then you could expect possibly six figure bail. If the crime occurred in New York, and the authorities catch him in a different state, then he can be held with no bail until he is returned to New York. You should get an attorney involved before he surrenders, if for no other reason than the attorney can prevent your husband from being questioned. If your husband makes a statement when he turns himself in, or during later questioning, it could have a harsh consequence on the case. As for what, if any, jail time your husband is facing, that depends on many things. How strong is the case against him? Is the victim and/or witness(es) still cooperative. Which DA's office is prosecuting him. It's impossible, without much more information, to even guess at what type of punishment he is facing. The only thing that can be said for sure is that attempted murder in New York is a class B violent felony. The minimum (if he does not have a felony conviction) is 5 years, and the maximum is 25 years in jail. But, if the case is weak and you have an effective attorney, the case may be reduced to a lesser felony with less jail time. Or, your husband might be able to go to trial, and beat the case entirely. Good luck to you and your husband.
There's a lot here.
They have to catch or indict him within 5 years and they can indict without him in custody. If they do indict, the charges will be there until he's found.
He should make sure he says absolutely nothing to the police if he's caught..
If you learn he was indicted, you should hire an attorney to be ready to go with him.
If you want an attorney to try and arrange a surrender in advance of all this, consider hiring an attorney now.
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)
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.
Your husband should definitely consult a criminal defense attorney prior to surrendering himself. Also as other stated, he should bring that attorney with him on surrender and not speak to the police without the attorney present. As stated, he is probably looking at large or no bail since he has been on the run.
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
He needs a lawyer as soon as possible. If a lawyer arranges the surrender, he wont be questioned about the crime, which gives him leverage and increases his ability to defend his case. If he has been on the run for three years, he can probably expect a high bail, so he should probably get in touch with a bail bonsdman.