I was released from prison in December of 2001 on an A-2 drug felony. In January of 2012 I was arrested on a class C grand larceny charge (A little more than the 50K threshold). My first offer was 1 to 3 years with restitution to the victim. That offer was not a sentence that would be given to a predicate felon. However I will not be able to make any restitution. I have been told that the DA can now offer a predicate felon sentence because of non restitution. The maximum sentence is 5 to 15 years. My first felony was non-violent and did not involve weapons. I was released on merit parole and completed all my programs. What type of offer am I realistically looking at?The alledged incident is theft from my employer. I desperately tried to get the money to make restitution. I needed a cosigner to refinance my home but it did not work out. My attorney didn't even ask me the circumstances of the alledged crime which I thought would help. He never even asked me if I did it.
It is difficult to answer without an in depth investigation. With no restitution u are probably looking at state time. Perhaps something in the vicinity of serving one to three years. There could be an offer of 2-6, 2-4 or anything else between the minimum and maximum. Find an attorney that u want to work with and start getting ready for the battle. Good luck.
I have been a criminal defense attorney in New York for over 20 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: [email protected] This answer is only for informational purposes and is not meant as legal advice.
It's impossible to even hazard a guess without knowing anything about the crime. You seem to have a handle on what you are facing. Queens only makes plea offers pre-indictment so if your attorney cannot work out a deal before then, you are probably looking at least at the mandatory minimums. The best person to answer this question is your current attorney who seems to be actively engaged in negotiation with the DA. If you are unsatisfied with your current attorney, you have a right to the attorney of your choosing as long as you are paying for their service.
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Are you sure you are a predicate felon. It doesn't sound like you are because it was more than 10 years from your release from prison to your new arrest -- unless there is additional jail time that you didn't mention. Queens generally does not make post-indictment pleas. I am a former Assistant District Attorney in Queens. Given the amount allegedly stolen and your record, I would expect the DA to seek a jail sentence.
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) 385-8015 or via email at [email protected] The above answer is for informational purposes only and not meant as legal advice.
There is mandatory prison required if convicted as a second felony offender of this lass C felony. The minimum is 3 to 6 years, and the greatest sentence is 7 1/2 to 15 years. The DA doesn't decide whether or not you are a second felony offender or not - that is based on fact. So if the DA was offering a plea for 1 to 3 that means s/he was reducing the charge as well. I can't tell you what type of offer you would be looking at. From what you describe, though, you may not be a second felony offender In which case probation is a legal sentence even on the C felony. If the prosecutor doesn't want to negotiate favorably for you the court might be inclined to make an offer. you really should be discussing this with an attorney, who after reviewing all of the facts and circumstances would be in the nest position to advise and guide you.
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