Legal Question in Criminal Law in New York

Burglary charges

I already got some answers to my questions. But I'm going to start from the beginning. 14 months ago my husband was taken to the prescient by detectives to be questioned for a burglary and they stated there was a witness. At the prescient he was questioned and was told that the person who was accusing him said that if the money that was taken from his house was paid back he would drop the charges. My husband doesn�t speak English and he wanted this to be over and he said that he would pay the money and they arrested him. Know it been 14 months and nothing has been done. Today he went to court the DA was on vacation but most of the times , she needs more time or she is never ready or is not there and his lawyer said that their going to trail but, my husband don't want to go to trail. I told my lawyer if the DA can make an offer and he said she is not because my husband confessed by stating that he will pay the money. He also has bail the lawyer requested a bail reduction motion to reduce bail and she denied what can be done here he goes back to court for a hearing next week. Please give e some advice. I already paid my lawyer off. And since my husband don't want to go to trail what can happen with him.


Asked on 8/06/08, 6:47 pm

1 Answer from Attorneys
Sergey Mikhlin Law Office of Sergey Mikhlin

Re: Burglary charges

If the D.A. is not making a plea offer, there are 2 options for your husband: either take the case to trial or plead to the charge without going to trial. Depending on what county your husband's case is in, if your husband pleads to the charge, his lawyer may or may not be able to negotiate a sentence with the judge. That is because the D.A. is not offering a plea and, thus, may only recommend rather than condition your husband's plea on certain sentencing conditions.

Regarding the "confession", I don't think that your husband's suggestion to the police that he would pay the money back to the victim constitutes a confession to the crime of burglary. This statement, however, could potentially be used against him at trial (if, in fact, the statement has survived the suppression stage)

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Answered on 8/06/08, 10:32 pm


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