Probation without conviction

[Geyser12]

What is the name of your state (only U.S. law)? New York
I was arrest for burglary and grand larceny. Then indicted on burglary2 in County Court.
I have had full restitution for the victims.

It is possible within the judicial process to have this reduced to the lowest felony with charges pending (no conviction at this point), get 3-5 years probation. With no violations of probation, charges get dropped. With a violation I go to jail and am a convicted felon.

Victims agree this is a suitible punishment, but I don't know what the prosecutor thinks as this point.

 

[sandyclaus]

What is the name of your state (only U.S. law)? New York
I was arrest for burglary and grand larceny. Then indicted on burglary2 in County Court.
I have had full restitution for the victims.

It is possible within the judicial process to have this reduced to the lowest felony with charges pending (no conviction at this point), get 3-5 years probation. With no violations of probation, charges get dropped. With a violation I go to jail and am a convicted felon.

Victims agree this is a suitible punishment, but I don't know what the prosecutor thinks as this point.

It's certainly POSSIBLE, but as you point out, it's really up to the prosecutor whether or not it happens.

What does your attorney have to say about it?

 

[Geyser12]

It's certainly POSSIBLE, but as you point out, it's really up to the prosecutor whether or not it happens.

What does your attorney have to say about it?

That's good to hear, I didn't realize charges can stay pending for 3-5 years. I forgot to include I was indicted on Burglary 2 last week. I am new here and put that in a different thread. My apologies.
I had my original public defender removed from my case due to multiple infractions of the Rules of Conduct. But the Judge assigned me his friend in the same office! I have had full resistution since February and they never communicated this to the Prosecutor. The victim were people and knew, they trusted me and they really do not want me to go to jail. I know they would push for this alternative.

I was assigned yet a third attorney, outside the public defenders office. I have not spoken with him yet. He is brand new to my case as of last Friday.

 

[Geyser12]

My first public aid defender told me no one can get a plea bargain after being indicted.
Is this true?

 

[Geyser12]

My first public aid defender told me no one can get a plea bargain after being indicted.
Is this true?

 

[sandyclaus]

That's good to hear, I didn't realize charges can stay pending for 3-5 years. I forgot to include I was indicted on Burglary 2 last week. I am new here and put that in a different thread. My apologies.
I had my original public defender removed from my case due to multiple infractions of the Rules of Conduct. But the Judge assigned me his friend in the same office! I have had full resistution since February and they never communicated this to the Prosecutor. The victim were people and knew, they trusted me and they really do not want me to go to jail. I know they would push for this alternative.

I was assigned yet a third attorney, outside the public defenders office. I have not spoken with him yet. He is brand new to my case as of last Friday.

My first public aid defender told me no one can get a plea bargain after being indicted.
Is this true?

Your best option here is to discuss your options with your attorney. They are most familiar with the practices before the specific court at which you will be appearing, and they will know best exactly what is and is not possible/likely given your circumstances.

As for the "no plea bargain after indictment", that seems to be a policy rather than a legal requirement. As I am not in the New York area, I researched what I could find, and it appears this policy was put into place back in the late 90's for a lot of New York courts. I do not know whether or not the policy remains in effect now, but if it does, then you may not have any choice but to actually proceed to trial in your case.

 

[Ohiogal]

My first public aid defender told me no one can get a plea bargain after being indicted.
Is this true?

Until you are indicted, there is no need for a plea bargain. You aren't charged until you are indicted so why would you negotiate a plea bargain when you haven't officially been accused of a crime? That is illogical.

 

[Geyser12]

Until you are indicted, there is no need for a plea bargain. You aren't charged until you are indicted so why would you negotiate a plea bargain when you haven't officially been accused of a crime? That is illogical.

Charges were processed in Town Court back in November. I was released without bail. I believe due to the severity of the charges it got moved to County Court where I was indicted, arraigned then held on $5k bail last Friday.

I don't understand it myself, and the public defenders are worthlesss.

At that appearance in County Court the real prosecutor appeared and stated he had been trying to work out a deal for months. I was never told about a deal.

 

[Geyser12]

As for the "no plea bargain after indictment", that seems to be a policy rather than a legal requirement. As I am not in the New York area, I researched what I could find, and it appears this policy was put into place back in the late 90's for a lot of New York courts. I do not know whether or not the policy remains in effect now, but if it does, then you may not have any choice but to actually proceed to trial in your case.

I greatly appreciate your research!

 

[dave33]

My first public aid defender told me no one can get a plea bargain after being indicted.
Is this true?

The legal system is like anything else. You get what you pay for. If you did not pay for a defense, than you will notn get a defense. goodluck.

 

[HighwayMan]

...the real prosecutor appeared...

What happened to the fake one?

No one knows what will happen. No crystal ball here.

Your victims' opinions and feelings may be taken into account, but they have no say in what happens - it's all up to the ADA assigned to prosecute you.

Alot depends on your prior criminal history and the court this case is being adjudicated in.

 

[Ohiogal]

Charges were processed in Town Court back in November. I was released without bail. I believe due to the severity of the charges it got moved to County Court where I was indicted, arraigned then held on $5k bail last Friday.

I don't understand it myself, and the public defenders are worthlesss.

At that appearance in County Court the real prosecutor appeared and stated he had been trying to work out a deal for months. I was never told about a deal.

Go hire an attorney. End of story. Public defenders are worthless? Really?

 

[Ohiogal]

The legal system is like anything else. You get what you pay for. If you did not pay for a defense, than you will notn get a defense. goodluck.

Bull. There are good attorneys just as there are bad attorneys. It doesn't matter if you pay for counsel OR have one appointed. That doesn't determine whether the attorney is any good or not.

 

[HighwayMan]

Go hire an attorney. End of story. Public defenders are worthless? Really?

dave33 is clueless. It's like knocking your own head against the wall.

 

[BL]

Speak to the 3rd attorney outside the PD's Office ( Some PD's actually used to work at the DA's office - some are willing to bend their backs ,other's don't want to get on the wrong side of the Judge they practice in front of regularly ).

Have the Attorney speak with the DA .

It is true that some cases of felony DWI's were slipping through the cracks and A particular county stopped pleading them and put the hammer down on felonies.