Legal Question in Criminal Law in New York

Felony Conviction

In 2003 I pled guilty to criminal pocession of a controlled substance(westchester county, NY) I was sentenced to 5 years probation. Can I have this charged reduced so that I can become a police officer?


Asked on 8/20/08, 10:01 pm

1 Answer from Attorneys

Joseph Potashnik Joseph Potashnik and Associates, PLLC

Re: Felony Conviction

In some circumstances you may withdraw your plea, but that is usually true before sentencing. After sentencing you can appeal, but your rights to appeal have been waived by your guilty plea. Before you pleaded guilty, your lawyer and the judge should have explained to you that you would be waiving your rights of appeal. However, the record must have been clear that your waiver was knowing, intelligent and voluntary. It should all be in the record, otherwise you can argue that your waiver was not voluntary, intelligent, and knowing.

Besides that, there are about a dozen other issues that survive a guilty plea and preserve your rights, but this is very case-specific.

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Answered on 8/21/08, 9:30 am


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