I recently copped out to 3 and a half for possession of a firearm.....I just wanted to kno how do I go about filing a Violent Felony Override and wat are the restrictions and/or regulations......Also I did sum time for the case already while it was pending, how do I get it added to my sentencing information?
VFO is a violent felony offender (not override) which you would be considered with a felony firearms conviction. You will receive jail time credit for the time you already did.
Your attorney or yourself can file for a VFO but there is no guarantee it will be granted. For a VFO, the violence must be "technical" like a Burglary 2nd where there was no actual violence but someone broke into a home which makes it a violent. For a gun, there is the inherent presumed violence but if the weapon was not found on your person, there is a chance a judge would sign it and corrections would accept it.
Your loal time should be counted when you are finally sentenced.
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.
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