My son was offered 15 years for Asssult 1 with no previous criminal background he took back the plea today no questions asked is

Asked over 2 years ago - Fairport, NY

Is this normal or would there be resistance from one party?

Attorney answers (4)

  1. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . DAs usually oppose motions to vacate pleas. No one can give you any concrete opinions without knowing what took place and what the basis for the motion to vacate the plea was.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Benjamin J Lieberman

    Contributor Level 20

    2

    Lawyers agree

    Answered . Usually there is much resistance from the DA and the courts. No one here can speculate as to what is or isn't happening. You should be discussing this with his attorney.
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  3. Joseph A Lo Piccolo

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If the judge promised less and said 15 yrs after reading the probation report or promised 15 and read the probation report and said he had to/wanted to give more than 15, that is normal to agree to withdraw the plea. The max is 25 and minimum is 5 if no prior felonies so accepting 15 is tough and accepting more is ridiculous so withdrawing plea would make sense.


    Joseph A. Lo Piccolo, Esq.
    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)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  4. Richard C. Southard

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Typically there is opposition to withdrawing pleas from the prosecutor and the judge as they want there to be closure in a case and not have to worry about people changing their minds. However 15 years is significant time on an assault charge with no criminal background. I assume there were significant injuries or a deadly weapon was involved (gun/knife). Each case is different and without knowing more facts, it is impossible to know why they did not oppose the motion. Perhaps they feel that the sentence is too lenient given the case?

    Is this a permanent or temporary condition. Your best bet is to obtain copies of all your medical records relating to this injury and speak with an attorney about a possible lawsuit. Keep in mind that you need to file a notice of claim against the city within 90 days of the incident occurring to preserve your right to sue in the future.


    Richard Southard
    212-385-8600
    I am a former Deputy Bureau Chief with the Kings County DA’s Office and adjunct professor at John Jay College of Criminal Justice, with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more

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