He has served 16 months already, and every time he goes to court, his case is always remanded. What can happen?
The maximum sentence for attempted robbery in the second degree is seven years, and the maximum on attempted robbery in the third degree is four years if this is a first offense (that is not to say that this is what the sentence would be).
The fact that he is still going back to court indicates that his case is not completed yet and that he has not been sentenced yet. He will, however, be getting jail time credit for the time he is serving towards whatever his ultimate sentence would be. The reason he keeps getting remanded is probably because he didn't post bail.
The maximum sentence for Attempted Robbery 2 is 7 years with a minimum of 0/T.S and Probation.
The maximum sentence for Attempted Robbery 3 is 1 1/3-4 years with a minimum of 0/T.S. and Probation.
I can't explain the remand, but he is getting credit for all the time he is serving if this is his only charge/hold.
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.
Has he pled guilty already? If he has pled guilty, he may be remanded until sentence. The delay could be due to the Department of Correction not concluding their pre-sentence investigation in the time allotted by the judge. It's also possible that the remand is related to some other case that the accused had pending.
The maximum punishment for a D felony is 7 years, and the maximum punishment on an E felony is 4 years jail.
All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline