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Jeremy M. Saland

Jeremy Saland’s Answers

46 total


  • ... They arrested him Oct. 12 and he's been in jail for twomonth already . Viewed

    Jeremy’s Answer

    Respectfully, your question is too vague. Has he been indicted by a Grand Jury? Alternatively, has there been a preliminary hearing? If he has not been indicted, the case may be on for Grand Jury action to see whether the case will be indicted or was indicted since the last court date. Maybe his attorney consented to the adjournment for the purpose of working out a disposition. If he has already been indicted, the case could be on for his arraignment on the indictment or the filing of motions. There are too many possibilities.

    There is no way any criminal lawyer here could tell you precisely what is happening outside of general statements as to how criminal cases progress and the stages of the process. This question is the type of question that only his attorney can answer. Contact him or her for those answers.

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  • If you consented to a drug test administered by the police and they found a controlled substance could you be prosecuted?

    Jeremy’s Answer

    New York drug and marijuana laws deal with either possession or sale of contraband. Moreover, the crimes that address consumption or ingestion generally deal with them as part of additional conduct. In other words, DWI, for example, is a misdemanor where you are intoxicated by alcohol or drugs. In those cases the consumption is relevant. There are some other crimes where this applies as well.

    While you may test positive for a controlled substance, I assume for your question you were not operating a motor vehicle or committing any other offense. However, "consenting" seems to imply that something else was going on that you have not shared (I am not advocating that you do so in a public forum). If you merely were getting a drug test for a job or some certification and this was not associated with anything else, then it appears you are in the clear as far as being charged with a crime. Alternatively, if you were consenting for some other reason and due to some other conduct, the drugs in your system may establish the basis of a crime.

    Contact a Syracuse area criminal lawyer who you can provide with further factual information. He or she can advise you on how you should proceed and whether or not there is in any criminal liability of any kind.

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  • What kind of charges am i looking at for cops raided my house and finding a 1lbs of weed and i wasnt home?

    Jeremy’s Answer

    I agree with the previous poster as to whether you should speak to the police. Remember, if there was a search warrant, then a judge has already determined that there is enough probable cause to search your home. That being said, you may or may not have been a target of or named in the warrant. Is it possible that an undercover or an informant was in your home during the past ten days or so? Does anyone else live there? Are you a subtenant or do you own the home? There are numerous issues/questions that need addressing.

    Sometimes your own statement or admission is the last "nail in the coffin." While the police may be merely doing their job, they do not have the ability to do much with your case other than arrest you and make the case stronger against you. If they are in fact going to arrest you, which it clearly seems like they are, it may be in your best interest to contact a criminal lawyer who can in turn contact the police and prosecution. He or she can arrange for you surrender, if necessary, while protecting your rights. Don't construe my comments as advice other than the fact that you should be consulting a criminal defense attorney in person rather than posting general questions here to obtain general information in return.

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  • My father is 74 years old and is charged with 120.05 how much time can he get and why is his bail set 50,000

    Jeremy’s Answer

    Assault in the Second Degree is a "D" felony punishable by up to seven years in state prison. Whether he is convicted or pleads guilty to this crime and is sentenced to the maximum is an entirely different matter.

    Bail is used to secure an individual's return to court. Unfortunately, prosecutors can use bail as a "sword" if a person is in custody because it may help dispose of the case. Nobody here can answer with specificity why the bail is $50,000. We do not know the facts and circumstances. However, some of the things that are considered are flight risk, where your father resides, his criminal history, the nature of the offense, the injury, the concern that he will commit another crime, the strength of the case, etc.

    Obviously, your father has counsel. You should be sitting down with him or her to get answers to your questions and advice on how to proceed.

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  • I just found out I have a bench warrant from 10 years ago for a DUI in PA. What can I do to get this erased, will I do jail time

    Jeremy’s Answer

    If you have a Bench Warrant in Pennsylvania you should contact a Pennsylvania criminal lawyer. I do not know whether Pennsylvania would seek to extradite you to that state from New York in the event you were arrested or stopped here, but the Bench Warrant is not going away. A local criminal lawyer can likely arrange for a time for you to voluntarily turn yourself in if necessary and have the warrant vacated. While ten years is a long time and the court may not be sympathetic due to your delay, discuss the possibility of getting that Bench Warrant expunged. I am not familiar with Pennsylvania law, but regardless of the state, a Bench Warrant basically calls for your arrest and return to the court that issued it. Again, contact a local Pennsylvania criminal lawyer who can assist you.

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  • What happpens if when I got arrested the cop didnt read me my rights?

    Jeremy’s Answer

    If you have already been arraigned, then you should have counsel you can speak with regarding this question. Generally, however, one's "rights" or "Miranda Warnings" are not required to be read unless one is in custody and there is an interrogation. Having said that, what defines "custody" and interrogation" may not be as clear as you think. While personal background information and initial investigatory questions won't qualify, if the police start asking substantive questions about your allegedly criminal conduct and you are in custody, these warnings need to be read. If this is the case, you were not advised of your rights and you did not knowingly waive them, then the statements would not be permitted against you. From a practical standpoint, you should find out if the prosecutors served "statement notice" and are seeking to offer your statements against you at trial. Contact a local Rochester area criminal lawyer to assist you or get a "free" lawyer from the court if you cannot afford one. He or she can address your question(s) with more detail when you provide the facts of your case as opposed to this generalized answer.

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  • First time grand larceny

    Jeremy’s Answer

    Obviously a felony, Grand Larceny comes in multiple in degrees. Depending whether the alleged theft is more than $1000, $3,000, $50,000 or $1 million, the potential sentence will vary. The three lesser offenses, Grand Larceny in the the 4th, 3rd and 2nd Degree, do not require a mandatory term of incarceration as a matter of law for a first time offender. That being said, the potential maximum sentence is 4, 7 and 15 years respectively.

    Assuming your crime was of the 4th Degree or 3rd Degree variety, you will be in a better position to work out a disposition. The 2nd or 1st Degree felonies are obviously much more serious. I do not know the facts of your case, the amount allegedly stolen and whether you have a defense that can "beat" the case (is there a factual defense, issues with evidence or witnesses, procedural or CPL 30.30 avenues?). Jail is certainly a possibility, but if the value is closer to the lower thousands, you can make restitution, you have an otherwise impeccable record in the community, school, etc., you should be working not merely to avoid jail, but a felony or even a misdemeanor conviction. It is not the jail that will necessarily be the worst part of this case, but being saddled with a felony or even a misdemeanor is. These convictions will not go away. Certainly, when you apply for a job or need a certification to practice your profession, a misdemeanor or felony will likely be devastating.

    I would recommend that you discuss a plan with your defense attorney, see what you need to put together to present yourself in the most favorable light, and get things moving forward.

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  • What are the chances of a plea for the second DWI charge in NY after 5 years though first one was reduced to DWAI in NY?

    Jeremy’s Answer

    Whether you get an offer depends on a few issues. Moreover, whether your case is one that the People will have difficulties proving beyond a reasonable doubt is another issue. The latter issue cannot be answered here. An in depth review of the evidence is necessary.

    Dealing with your first question, however, is a little easier (although I won't give you the answer you want). In the event this happened in Manhattan (you indicated in your question New York, NY), there is a "rule" of not making an offer if one is charged with Aggravated DWI. While nothing is set in stone, offers are difficult to come by if the People's case is strong. What compounds your problem is your prior violation. It certainly is good that there was no accident or misconduct, but prosecutors take a hard line stance on these aggravated cases. In fact, recent legislation reflects the strong position against DWI (see Leandra's Law NY PL 1192.2-a(b) re: 15 year old or younger children in vehicle at time of DWI).

    I may not have answered your question, but the reality is offers are not just made in aggravated cases where there is a history. If you had a BAC of .08 to .12 that would likely be a different story. Could mitigating circumstances give you a chance at an offer? Certainly, but it will be difficult and I don't know what they are to answer that question here. Is this a case you can beat at trial? I couldn't answer that without more information either. You should be sitting down with your counsel and discussing these issues much more thoroughly.

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  • I got 2 misdemeanor charges for fraud can i get them sealed or expunged for employment purposes.

    Jeremy’s Answer

    A certificate of relief from civil disabilities can resolve some collateral issues related to a criminal conviction. However, as an adult, a criminal disposition is not sealed or expunged in New York. As a youth, or if the case is resolved with certain violations, the matter may be sealed. Moreover, an ACD, adjournment in contemplation of dismissal, will result in the dismissal and sealing of the case. In the event you have been arrested and the case is still pending, you should discuss with your attorney whether or not any of these dispositions are available to you. It is not clear from your question whether or not you have merely been arrested and the case is still pending or you pleaded to the misdemeanors. Good luck.

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  • If u go to jail on a Friday for something minor, can u come out on Saturday or do u have to wait till Monday .

    Jeremy’s Answer

    Generally, defendants see a judge within 24 hours of an arrest. Things to take into consideration are the time of arrest and whether ECAB (where cases are drafted) is open or closed. For example, if your arrest is at 11:00 pm, your case will not be written up until at least 8:30-9:00 am the following morning because ECAB is not open for new cases at that time. After that, the case has to be docketed and moved from the police room to the clerk. Moreover, another issue is how many people are in the system. It is relatively atypical to be in custody for more than 24 hours and it is more common to see a judge in the range of 10-14 hours after arrest. The fact that you deem a case "minor" is of little relevance because cases are generally not moved through the process more quickly based on whether a crime is a "B" misdemeanor, "A" misdemeanor or any felony.

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