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What kind of time is he facing for these charges with 12 prior misedmeanors..never did anytime other than 6mths and 6mths prob?

Brooklyn, NY |

Charge Detail Disposition/Sentence
PL 220.31 00
**TOP CHARGE** D Felony, 1 count, Not an arrest charge, Not an arraignment charge
DescriptionCrim Sale Contrl Subst
Indictment Count1
Weapon/DrugCocaine
Date Added02/29/2012
PL 220.03 00 A Misdemeanor, 2 counts, Not an arrest charge, Arraignment charge
DescriptionCrim Poss Contrl Subst
Indictment Count2
Weapon/DrugCocaine


Charge Detail Disposition/Sentence
PL 220.31 00 D Felony, 1 count, Not an arrest charge, Not an arraignment charge
DescriptionCrim Sale Contrl Subst
Indictment Count2
Weapon/DrugCocaine
Date Added04/26/2012
PL 220.39 01
**TOP CHARGE** B Felony, 1 count, Arrest charge, Arraignment charge
DescriptionCscs-3rd:narcotic Drug
Indictment Count1
Weapon/DrugCocaine
PL 220.03 00 A Misdemeanor, 1 count, Arrest charge, Arraignment charge
DescriptionCrim Poss Contrl Subst
Indictment Count3
Weapon/DrugCocaine

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Attorney answers 4

Posted

These are drug sales. They carry upstate jail unless a drug program or a probationary sentence is worked out w/the DA or the judge.

Without more information, no one can give you a specific and accurate answer.

Joseph A. Lo Piccolo, Esq.
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

what is a probationary sentence?

Asker

Posted

also they never found any drugs on him or an observation of a sale..the building we live in is a crack sale and usage building

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

Non-jail supervision by a probation officer and if he screws up, he can go to jail for a significant period of time. Joseph A. Lo Piccolo, Esq. 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

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

They don't have to find any drugs on him. They need a CI or an undercover to say they bought from him and if possible, pre-recorded buy $$ on him from the sale. Joseph A. Lo Piccolo, Esq. 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

Posted

Worst case scenario if convicted he can be sent to prison for up to nine years. There are other sentencing options available and prison is not mandatory. A drug program/diversion is also an option. He should have an attorney and review this all with him/her. S/he could best advise and guide him on the best course of action.

Asker

Posted

I know a drug program is what is diversion or is it the same thing

Benjamin J Lieberman

Benjamin J Lieberman

Posted

Diversion would usually include a program but not every plea to a program has all the benefits of diversion. He should discuss this with his attorney.

Asker

Posted

we cant get intouch with his lawyer from brooklyn defender services and when he brought from rikers he never gets to see him or the judge..so please can you explain what benefits there are to diversion other than an inpatient program? also would an outpatient program be likey? thanks for all your input you have made alot of things clearer..wish I could afford you

Posted

He is facing significant upstate jail time based on those accusations, however the truth is that jus because these are the charges he is facing does not mean these are the charges he will be found guilty of or will plead guilty to... this would greatly affect sentencing and a good and skilled attorney would make sure to get the best sentence for him.

Posted

While he faces up to 9 years in jail on the top charge of a B felony, if this case is pending in Brooklyn, I can tell you from personal experience as a Brooklyn Criminal Court Deputy that the DA is a strong proponent of treatment over incarceration. If his history of offenses have been to support a drug habit then a drug program is a realistic possibility.

Richard Southard
212-385-8600
I am a former Deputy Bureau Chief with the Kings County DA’s Office and adjunct professor at John Jay College of Criminal Justice, with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.

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

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