Legal Question in Criminal Law in New York

My brother is currently in a federal prison in North Carolina. He has a case pending in New York State (he was sentenced to 5 months and 5 years probation). Now, he's been told he needs to appear before the court in NY. This means he would need to be transported from the federal prison back to NY. Can he waive the right to appear at his sentencing?


Asked on 3/24/10, 4:19 pm

1 Answer from Attorneys

peter bark bark & karpf

It is up to the Judge to allow him to be sentenced in absentia. One solution, perhaps, is to allow him to hear the sentencing by a telephone hookup with the court.

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Answered on 3/29/10, 4:32 pm


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