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I was arrested for cpm 5th in Newburgh N.y. I am currently on misdeminor probation untill June 24, 2013. Possible outcomes?

Newburgh, NY |

I'm on probation for a drug related conspiracy charge. In the three years of my probation I have had one prior violation of probation for smoking pot, this was two years ago. I am currently working fulltime and I'm an applicant for a union local. I have a month or two left of probation.

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Attorney answers 4

Best Answer
Posted

You need a lawyer as you face the new charge + up to 1 year on the VOP.

Joseph A. Lo Piccolo, Esq.
Immediate Past 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 substitution for a meeting whereas all potential legal issues can be discussed.

Asker

Posted

Should a lawyer be present for my first appearance in city court? Can I see how they want to handle this case, my probation officer spoke to the officer who told me "just show up to court and you'll be ok".

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

PO's are not lawyers and Do Not rely on them for advice. They are just as quick to have you locked up and the probation report will likely reflect that. Yes--you need an attorney because bail is a real possibility on this new charge! Joseph A. Lo Piccolo, Esq. Immediate Past 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

Asker

Posted

Thankyou!

Posted

You face a possible probation violation. Hire a good criminal defense lawyer.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Posted

I highly recommend retaining a criminal defense attorney as you now may have to deal with a violation in addition to the new allegations.

Posted

You easily face violation of probation and prosectuion for the CPM unless you get an attorney who will intervene very quickly.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

Asker

Posted

I went to city court and the judge gave me a one year Acd. Probation officer said she will call me with a court date for county. Here is my situation, I was stopped and frisked by Newburgh Police they found a small brown marihuana cigarette on the floor near me they arrested me, charged me with cpm and detained me for the night. "Due to my attitude". Yes I was defensive I have a month left on probation and I DO NOT SMOKE!

Asker

Posted

Can I represent myself in county court as I did in city court? I am not guilty of anything except being in the wrong place at the wrong time. I get tested at probation frequently and have not had any dirties in 3yrs of Probation

Marco Caviglia

Marco Caviglia

Posted

You would be foolish to do so, but it is your right.