Legal Question in Criminal Law in New York
drugs
hello my name is--name removed---name removed-- my boyfriend got arrested on 10/31/05 for drugs. it was only like 4 or 5 pieces of crack i believe. he is on probation. he did not violate probation yet to this day. he is going back and forth to court. he was also in a drug program at the time of his arrest for his prior case for which he is on probation now. the offer for the drugs was 6 months. he didnt take that offer. he is just back and forth to court right now. he is out of jail on bail. when he went to court earlier this month, they tried to charge him with trespassing because when he got arrested him and his friends was in the school park. but all of his friends got arrested and they did not get the same charge. why is that? they tryin to offer him 7 months just for trespassing (im not sure of that exact charge but i know its trespassing) to me, thats not right because he's the only one that got that ridiculous charge and thats too much time for that charge) anyways, what do you think will happen to him? please respond back
1 Answer from Attorneys
Re: drugs
Take the 'trespassing'. The DA is trying to give him a break.
If he is found guilty of possession of ANY amount, he will be in violation of his probation and he may be sent directly to jail.
The trespassing is offered because it may not violate his probation and, therefore, not force the DA to send him directly to jail.
This is a tremendous break that he is being offered. Take it, now, before the DA changes his mind! (And thank his lawyer - this is a GREAT job he did on this case!).)
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