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On a Plea Deal, Can we contest sentencing On a 9 year old DUI on the plea?

Plattsburgh, NY |

I have to take a plea bargain on a 9 yrs old DUI in NY state. The judge wants me to do a year in lock up. If They don't get me on the DUI they will get me for bail jumping as I never knew there was a warrant out till just weeks ago. I am fully employed and have been for almost 7 yrs at the same place. I got my license back and have had not even a parking ticket for offenses after 4 yrs of driving and no other offenses and this judge wants me to do a year. I have two kids, we own two houses, I run a business outside of work and am engaged and my fiance is devastated by this. My layers are pretty good but does any lawyer from New York state have any thoughts? Is this judge just crazy? Can anybody HELP?!!

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Attorney answers 6


This is not the forum to seek the help you need. The best anyone can tell you here is that you need the assistance of an experienced attorney in your area (Clinton County, I assume). If you are already at sentencing, I would think you have been assisted by an attorney. He or she should be advising you each step of the way.

Your situation, as you describe it, is a very serious one, and your question is troubling to any experienced criminal defense lawyer. take the time now, TODAY, to retain counsel who will guide you through this process.

Christopher I. Simser, Sr.
Anelli Xavier
269 West Jefferson Street, 2nd Floor
Syracuse, NY 13202


You don't give enough facts to assess your situation. Spend the money to consult a different lawyer in your area if you want a second opinion as you have a serious decision to make. Trying to do it on-line is a mistake as there is no back and forth conversation and important details will not come out.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


Speak to your attorney. If it is a conditioned plea meaning the offer is conditioned on the sentence then No, you can't challenge the sentence.

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)

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.


Everyone else goes through the system, shows up for court, takes their punishment, and gets on with their lives. You on the other hand decided to go rogue, and now, 9 years later when they finally catch you, you want a free pass because you have a job and have not been in any trouble. It does not work that way, because people are supposed to work and not commit crimes. You are facing either 1 year on the plea or 2 years of you are found guilty after trial on both charges. If you want to risk going to trial you could get 2 years. Or you can take the deal. These are YOUR choices. Take the deal or roll the dice on an overall acquittal. YOU and no one else has to weigh the risk / reward. YOU put yourself in this position. Either way, begin preparations now for doing either 1 or 2 years in jail. And if by chance you don't get any time then fine, but you need to begin preparing NOW for this likely outcome. Sell one house. Get someone else to run your business. Tell your employer at the appropriate time maybe you can arrange a leave of absence. Get your money and affairs in order. Hell you'll be out in 9 months if you get a year. Soldiers deploy for longer than that.


Firstly, you should never articulate to the judge or ADA (directly or through your lawyer) that you "never knew there was a warrant out". 9 years ago you were arrested for DWI. The case was not resolved. Did you think it just disappeared like magic? You need to have a much better reason for why you ignored the matter for 9 years. That being said, the bail jumping charge generates a huge amount of leverage against you. Ask your attorney to discuss with you other options that may appease the DA and/or ADA short of jail. In a situation like this, where the leverage is against you, its wise to present a counter offer of sorts. Treatment, probation, community service, etc are all things that should be discussed, and to which you will need to have an open mind. But under no circumstances should you ever proffer the lame excuse that you didn't know the case was still pending.


I agree. This is a serious matter with insufficient facts where your liberty may be at stake. You need to sit down with an experienced criminal defense attorney and review all available options.

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