E
ElaineJH
Guest
What is the name of your state? NY
What is the name of your state? NY
person about to be charged with felony b/c grand larceny, embezeled 600K from employer. Previous felony for issuing bad checks (maybe class E) conviction date of 1992. What does the statutue say concerning placing this as a predicate felony? apparantly if its 10+ yrs then the sentencing for the current felony changes significantly. What date is used? date of arrest of new felony to figure the 10 yrs on the previous felony? Date makes a difference in deciding sentence whether we're looking at mandatory jail time 5-15 yrs or NO MANDATORY jail time (i'm sure ada will look for some type of jailtime) anyone that can help would sure be appreciated.
2nd Question: anyone have any advice/experience with alternatives to standard prison time like jail weekends, house arrest, boot camp - that type of thing? how likely is something like this to be considered. Person wants terribly to pay all of the money back and can come up with 100K up front to give back, and person has a small child with no one to really look after him/her. Any help given would be appreciated.
What is the name of your state? NY
person about to be charged with felony b/c grand larceny, embezeled 600K from employer. Previous felony for issuing bad checks (maybe class E) conviction date of 1992. What does the statutue say concerning placing this as a predicate felony? apparantly if its 10+ yrs then the sentencing for the current felony changes significantly. What date is used? date of arrest of new felony to figure the 10 yrs on the previous felony? Date makes a difference in deciding sentence whether we're looking at mandatory jail time 5-15 yrs or NO MANDATORY jail time (i'm sure ada will look for some type of jailtime) anyone that can help would sure be appreciated.
2nd Question: anyone have any advice/experience with alternatives to standard prison time like jail weekends, house arrest, boot camp - that type of thing? how likely is something like this to be considered. Person wants terribly to pay all of the money back and can come up with 100K up front to give back, and person has a small child with no one to really look after him/her. Any help given would be appreciated.