Legal Question in Criminal Law in New York

Is 2-6 years a fair deal for charges on gun possesion & bench warrant?

The case is as follows; the defendant was arrested in a car with 3 other people. There were 3 guns under the driver's seat, and the driver & owner of the vehicle has declared himself guilty and is serving out his sentence. The defendant is being charged for gun possesion, the gun was never in his possesion, and there is no evidence to prove otherwise. He posted his bail, paid it in full, and left the country because of a death in the family. While he was away there was a bench warrant put out on the defendant. When he returned to the States, several weeks later he was picked up. The defendant has presented the judge with a valid Doctor's note, that explains why he did not go to court as soon as he returned to the States. So my question is; '' Is 2-6 a fair deal, and if so, why? Why should the defendant have to be penalized for another man's error?


Asked on 5/09/06, 10:14 am

2 Answers from Attorneys
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Is 2-6 years a fair deal for charges on gun possesion & bench warrant?

Under the facts as you present them 2-6 years is not a "fair deal." Especially in light of the fact that the person(s) who owned (possessed) the guns owned up to them. Please call to discuss.

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Answered on 5/09/06, 9:16 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Is 2-6 years a fair deal for charges on gun possesion & bench warrant?

It all depends on whether the driver/owner will stand up and state that the defendant (a) has no ownership interest in the guns and (b) did not know the guns were in the car.

It's not enough not to own the guns. He is charged with 'possession', not 'ownership'. If he was in the car and knew the guns were within his easy reach, then he is technically guilty. A jury may disagree and find him innocent, but the DA is within his discretion.

The '2-6' offer seems based on the fact of earlier convictions.

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Answered on 5/10/06, 2:59 pm


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