Legal Question in Criminal Law in New York

My fiance was remanded...

Hi my fiance had settled with 5yrs probation on Nov 2006 (DWI) & he was arrested for attempted robbery I beleive in March or April this year. Probation officer filed violation. July 18 he was remanded. Next court date is end of August. Questions:

1. Can he be remanded again? Or will that be the end of the that (violation case)?

2. What are his chances of not doing ''TIME''? (2 other were involved but their cases got dropped) His legal aide lawyer has missed court 2x.

3. We want to hire a lawyer for his attempted robbery case to avoid ''TIME'' and maybe additional years added to his probabtion...IS THAT POSSIBLE?

Help please...I'm confused and not sure what step to take next.


Asked on 7/23/07, 1:02 am

2 Answers from Attorneys
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: My fiance was remanded...

There are a number of factors that would need to be considered, such as what was the probation violation for? If your fiance was not following the conditions of his probation (e.g., attending required programs, meeting with his probation office, etc) then even if the new case gets dismissed he may still be re-sentenced on the probation case. I would need to go over the details with you to be able to give you an idea of what range of penalties your fiance may be facing. Please feel free to contact my office if we can be of any assistance.

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Answered on 7/23/07, 10:22 am
James Kats James S. Kats, Esq.

Re: My fiance was remanded...

Your fiance may be able to avoid doing any jail time on this case. He CAN be remanded again, but it's NOT likely he will. These depend on the seriousness of the case, the degree of your fiance's involvement and the strength of the DA's case against him.

In other words, more info is needed.

James Kats, Esq. WWW.LAWJSK.COM

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Answered on 7/23/07, 11:18 am


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