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A Sentence

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D

Doomflame

Guest
I have a sentence of 6 months of hard work on the weekends. It is 17 hours worth on the weekends for 6 months. Is that harsh for an aggravated harrassment 2nd in New York State? I just served 6 months of jail and got 3 years of probation recently. I also know the person who put the words in my mouth to write it.... he is a convict, several times over....what should I do? Is this sentece too harsh....it is a plea bargain? Please give me any comments/questions/suggestions that you may have.
 


J

JStewart_NYC

Guest
I have been through the legal system in NYC (same charge as yours but the D.A. agreed to a plea deal of the violation of harassment PL240.26,not the misdemeanor you were convicted of, PL240.30) so I have some good backround, although I'm not a lawyer.

First, I'd like some more info before I could advise you (again I'm NOT an attorney, you should probably speak to Legal Aid if possible). What was the disposition to the charge of aggravated harassment 2nd degree? Was there a conviction or an A.C.D./C.D.? It sounds like whatever the case you've already agreed to the terms (in pleading guilty or agreeing to the A.C.D. or C.D.). If you want to appeal you have thirty days (it should say so on the copy of the A.C.D./C.D.). If you're asking for an opinion of whether the sentence is too harsh, that is up to the judge, not the average person. In any event, if you agreed to it then you can either accept it or appeal. No jail time (no fine?) and 26 weeks of community service seems a good deal for a Class A misdemeanor charge, especially if you already have a criminal history. Sounds to me like the judge went easy on you.

As far as someone "putting words in your mouth", YOU are the one who wrote it,right? I don't see how that would be a mitigating factor, if you are an adult in full charge of your faculties and were not forced to write it "under duress" (again, refer to an attorney).

Good luck in whatever you decide.
 
D

Doomflame

Guest
There has been no disposition and I have been waiting for almost 9 months now. I think my lawyer waived the speedy trial right. I have not been to court to plead anything yet. It is still in limbo and I don't know what they or my lawyer is waiting for. I will most likely appeal. The judge wrote up a conviction paperin the middle of decemeber and sent it to probation to do a sentencing investigation... My lawyer is well known and actually pretty good. I've studied law for about 6 months, 13-15 hrs a day. This is in NY. I have not been to court. The judge convicted me without me even being present or to have any say in it. The last thing I told hi was that I wanted a trial. No, I'm not asking if the sentence is too harsh. The victim made a statement that said that no punishment is necesary. I just think what the judge did was illegal. Not to mention, the illegal sentence that the judge gave me for the split sentence... it was for jail and probation..... he went over the limit on jail.... the limit is up to 60 days and 3 years probation...the judge made it 6 monthst and 3 years probation....
To put the curiousity away. I did not write it, nor did I support the writing of it. Richard Brennan was the writer. He was also obsessed with my sister... without even knowing her. Plus with all the spelling mistakes and such, it wouldn't even be realistic to say that I wrote it. I would never make such errors. What do you mean by "under duress"?
 

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