Yes. You could have been sentenced upon conviction to jail on the first one, but that is not often the case for a first time offender. Now you are a repeat offender, so while jail might be unlikely, the court might sentence you to 3 years probation, for example. In other words, the more one repeats, the worse the sentencing gets typically.
Technically yes but realistically No.
Get an attorney!
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.
If the first case is already dismissed and sealed you may be treated as a first offender. Hopefully the DA's Office will not check your name in their computer reocrds.
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 Eric@RothsteinLawNY.com. 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.