Legal Question in Criminal Law in New York
criminal case
a 16 yr old gets accused and arrested for tossing a rock from a 6 floor rooftop. He has been in jail for 5 months now, the accuser never shows up to court and he has no witnesses. the accused say's he is innocent of the crime.
The accuser before the alledged crime vowed to have the accused thrown in jail, just because he doesn't like the family.
The judge, prosecuter and his lawyer are telling him to plead guilty to get a lesser charge but he is innocent. what can he do?
4 Answers from Attorneys
Re: criminal case
If you are having issues with this attorney seek the representation and advice of another attorney.
It's unclear where the case stands without some more information - ranging from what is the charge to whether motions have been submitted...
If this is a Felony charge the presentation to the grand jury discussed by previous answers applies - if it is not a felony charge then there is no need for presentation to a grand jury - if a motion schedule has been reqested any and all time under this motion schedule does NOT count as time against the people and does not affect any constitutional or statutory speedy trial limitations, generally.
Secondly, what was the bail set? what type of bail? Cash? Bond? Insurance? -
my office handles predominantly criminal matters - feel free to contact us for further discussion. You can visit our website at www.cgonzalezlawfirm.com or email us at the address provided below or call us directly at 2127098303
Re: criminal case
5 months? Without waivers or other intervening factors, the case is dead at 180 days. However, if his lawyer is telling him to accept a plea, it probably means "speedy trial" has been waived. Regarding the complainant, he doesn't have to show up for court unless there are hearings or a trial. The other factors you mention are plea and trial issues. If you don't like/trust this attorney, hire a different one. Open the Yellow Book to "lawyers" and find a criminal atty in your area.
Re: criminal case
Is the attorney a public defender? If there are no witnesses who will testify to the alleged crime and no other evidence, it will be difficult for the Prosecution to prove its case. Do not plea without talking to another lawyer. Feel free to call my office.
Re: criminal case
If he's innocent, he should fight these charges. If he pled guilty he would regret it the rest of his life.
The law requires that the DA submit the case to a grand jury within 6 months of the arrest. Has he been indicted by a grand jury?
James Kats, Esq. www.lawjsk.com
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