I was arrested for Petit Larceny and My attorney and I and the court were going to agree to Disorderly Conduct.. The question of "sealing" is up in the air.. My attorney wants to 'go to trial' if the court doesnt agree to seal.. Sealing is an important factor to us here.
If the trial does not come out in my favour, what can the consequences be? Is it worth just taking an unsealed Dis-Con charge rather than a trial?
Criminal Defense Attorney
If the trial does not come out your way, it will depend on what charge you are convicted of. If it is a misdemeanor, there will be no sealing.
Depending on your profession, the un-sealed Dis Con may be no big deal.
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)
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.
Criminal Defense Attorney
If you go to trial and you lose, you can go to jail for up to a year and have to pay a fine of up $1000. Even if such a sentence isn't imposed you will have a criminal record for life (NY does not expunge criminal convictions). Disorderly conduct is a violation and not a crime. As such even without immediate sealing you won't have a criminal record. Generally speaking, I would advise you take the discon but it really depends on a variety of factors. you really should discuss this with your attorney. S/he is in the best position to advise and guide you seeing as s/he is familiar with all of the facts and circumstances. Good luck
The answer depends on the strength of the DA's case and the ability of your current lawyer to successfully defend against these charges.. If you are found guilty of petit larceny, you face a maximum of one year in jail and 1000$ fine. However if this is your first arrest, a judge may still not sentence you to jail and may sentence you to community service or probation instead. If you are found guilty of Petit Larceny, you will have a permanent criminal record that cannot be erased or expunged. Only you can ask if it is worth the risk of going to trial because you know the facts of what actually happened and your need for sealing.
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