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Why am i having a sentencing investigation when a plea deal was already agreed upon with the DA in upstate for petite larceny

Boonville, NY |

when the judge read the deal, he raised his brows and said wow. my attoney never showed up on his para legal. Not happy. I was not aware he was not going to show up. I pleaded not guilty, which I was not aware of because a plea deal was already put in place. I have to do jail time for a misdemeanor for 4 weekends and pay resitution 2300. I am a bit confused why I am having a sentencing investigation. please advise. this is taking place in upstate ny

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Attorney answers 3


This is not unusual. It is required for felony pleas; not required for misdemeanors but many times Judges want the report anyway. Be sure to be truthful and cooperative with probation.

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.



this was pleaded down to a misdeameanor. Is this a good thing? Is it possible for me not to do jail time?



i never been in trouble before.


It is mandatory for pleas to crimes, especially when jail is involved.

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.


It sounds like you would benefit from an in person consultation with an attorney.

Matisyahu Wolfberg
NY Criminal defense Attorney

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