I ask this because my husband was arrested on 4-21-10 and his court date was on 5-4-10 but it was adjourned for three wks. I am trying to find out because nobody is giving me any answers and he has not been indicted. And I was asked to get a second opinion from another lawyer
First of all, if your husband is charged with Attempted Grand Larceny in the First Degree (Penal Law section 110/155.40), then he's being charged with a Class C felony and is facing 5 - 15 years in prison if convicted. He needs to hire an attorney immediately to avoid being indicted on this serious charge. If he's not guilty, a competent, experienced criminal defense attorney will determine whether he should testify before the grand jury or gear up for trial. If he is guilty, then plea negotiations with the assistant district attorney should be commenced right away.
Feel free to call me at any time to discuss this in further detail.
Michael Dreishpoon, Esq.
Grand Larceny in the First Degree is a class "B" felony. A person is guilty of Grand Larceny in the First Degree if he steals property and the value of the property is more than one million dollars. ATTEMPTED Grand Larceny in the First Degree drops the class "B" felony to a class "C" felony. If your husband was never convicted of a felony before this arrest, he could receive anywhere from 1-3 years in prison up to 5-15 years in prison if convicted.
I recommend meeting with a lawyer to discuss the details of the case as well as the options for your husband. Generally speaking, if the case was not yet indicted, your husband is in a better position to negotiate a deal and decide whether or not to testify on his own behalf if the case is going to be presented to a grand jury.
Is your husband in jail or is he out on bail?
Please feel free to contact me any time if you would like to discuss your husband's case and get a second opinion.