Legal Question in Criminal Law in New York

Hello,

My boyfriend has two prior felonys from about 4 years ago, both of which are non violent. A few weeks ago he was driving and got pulled over a had a knife on him. The knife is a dagger with a blade of no more then 3 in long. The knife was in a case attatched to his belt, and as soon as he got pulled over he told the officers it was on him. They realsed him with and apperence ticket and charged him with a misdormenor. When he went back for his court date the changed it to a felony and sent him to jail with no bail. It his preliminary hearing about two weeks ago he waived it to keep it in city court and try to get an offer there, which he will have court for this fri march 5th. Can they change his misderminor to a felony like that even though he was already charged with it? Do you think I should pay for a lawyer or will his public deffender be good enough? The ADA said he could be looking at a county year, or if they send it to county court, state time. I don't see how they could set these sentences when he wasn't using it in any harmful way. I appreciate any advice, I'm just hoping to go to court friday with a better understanding of all this, and I want to know if this is a case where I should hire a attonrny. Thank you!


Asked on 3/01/10, 11:42 am

3 Answers from Attorneys
Joel Salinger Law Office of Joel R. Salinger

First, I think you should look for a very good criminal defense attorney. The public defender is usually a good attorney but must handle numerous cases and can not give the time and energy to one case that might be needed for a complex case like your boyfriend's.

Second, yes charges can be upgraded or down graded at many points in a case especially at the beginning before arraignment.

Third, being a two time felon, the District Attorney's office will look at him as a big risk for escalation in criminal activity. Courts and DA's look for patterns that criminal activity will escalate and get more severe.

Joel R. Salinger

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Answered on 3/07/10, 8:28 am
Robert Evans Robert S. Evans esq.

There are serious possibilities here, so I would reccomend retaining a competent criminal defense attorney to properly evaluate all the possibilities. This would include plea bargaining and/or motions to suppress the evidence. You may contact my office for a consultation @7188340087.

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Answered on 3/08/10, 9:12 am
Steven Czik CZIK LAW PLLC

These charges can be serious and it would be extremely important to retain an attorney to defend you in court and preserve your rights. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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STEVEN J. CZIK, P.C.

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New York, New York 10013

212.413.4462

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The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 3/08/10, 10:55 am


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