Legal Question in Criminal Law in New York

New Arrest

My brother was arrested after being stopped in a routine DWI checkpoint, during this stop he was arrested & charged with possession of a loaded weapon in the 3rd degree & 9 counts of possession of a controlled substance which I was told was 9 decks of heroin. He is currently on parole but his max date is in 25 days. what can he be facing on this charge & what are his chances of getting off with no jail time?


Asked on 8/12/07, 10:50 pm

3 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: New Arrest

You should hire an attorney immediately, the fact that he is currently in probation may be a problem but the parole must bring the case while he is actually on parole, this may be a potential way around a conviction on the violation. However, the gun laws have changed and posession of a weapon is taken extremely seriously, there would have to be a challenge to the search which lead up to the gun for him not to do any jail time, otherwise there's very little chance of that happening.

My office specializes in drug cases, we handle some of the largetst cases in the city and i've personally handled the largest rug case in the history of westchester county.

I'd be happy to try and help with your situation. Feel free to call my office for a consultation and no nonsense honest legal assistance

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Answered on 8/13/07, 9:50 am
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: New Arrest

There are a number of different factors that will affect what type of jail time your brother may be facing (e.g., if he has prior felonies, if the police conducted the search properly, etc). The charges you describe are very serious and can result in a significant amount of incarceration. Your brother should retain a qualified criminal defense attorney. Please feel free to contact my office if we can provide assistance in this matter.

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Answered on 8/12/07, 11:02 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: New Arrest

Your Brother is a prior felony offender. Assuming he was charged with possession with intent to sell third degree he is facing mandatory upstate jail time of at least 4.5 years and up to 25 years. That could be consecutive to the time he faces on the gun charge.

I urge you to retain a lawyer if you can. IF your family cannot get a lawyer for your brother, then try to get an experienced Public defender or legal aid lawyer. Work with the public defender/legal aid lawyer and make sure they stay on top of the case becaue you are so helpful.

IF you wish to speak to an attorney who has handled a number of cases like the one you descibed, you may contact me through the links below.

Good Luck.

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Answered on 8/13/07, 3:06 am


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