Legal Question in Criminal Law in New York

Help me, I need ideas!

My boyfriend has been in a county jail for almost 11 months now. As far as I know, there is no evidence against him and unreliable witnesses and more. He has been offered a plea bargain which is 2 years in prison. The judge stated to him that if he takes it to trial, and he loses, he could get 30 years in prison. Now, my question is... Is it even POSSIBLE to recieve 30 years on charges of Buglary in the Second Degree, Class C felony? I looked up on the website yesterday and it stated that it cannot exceed 7 years for maximum time to serve in prison for those charges. I also want to know where to find the good help to get my boyfriend's charges dropped against him. There is really no evidence against him and the ''witnesses'' refuses to testify against him due to loopholes in their stories. What can I do to help my boyfriend? I made a statement on his behalf but it doesnt seem to affect anybody, not even the DA nor the judge. They do not see the loopholes in the peoples statements and we do. The story doesnt even make any sense at all and so I need help and tips on where to start to get my boyfriend out of jail. HELP!!


Asked on 6/06/07, 5:02 pm

4 Answers from Attorneys
James Kats James S. Kats, Esq.

Re: Help me, I need ideas!

Your boyfriend's lawyer should be pushing the court and the DA to a trial of this case (if what you say is true about the evidence and the witnesses). That will bring the case to a head.

James Kats, Esq. www.lawjsk.com

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Answered on 6/07/07, 12:34 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Help me, I need ideas!

The most important thing to do is retain a qualified criminal defense attorney. It sounds like your boyfriend may have prior felony convictions, which can increase the max amount of time for a burglary case. Furthermore, there may be multiple incidents that the judge may be adding together. I am unable to give you an answer without additional facts. I would not provide anymore information to the DA, judge or police, until you have consulted with a criminal defense attorney to see if they believe it would be beneficial for you to do so. Please feel free to contact my office if we can be of assistance.

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Answered on 6/06/07, 5:31 pm
Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: Help me, I need ideas!

How could anyone even begin to allay your fears. First . . . Burg 2 is a C Violent Felony. Each count is punishable by up to 15 years in prison. If there really are all of those issues, you need to talk to an attorney who will employ an investigator and build a defense that will sway the ADA. "Good Help" is all around you . . . interview a few criminal defense attorneys and get the ball rolling.

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Answered on 6/06/07, 5:40 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Help me, I need ideas!

There sounds like there may be quite a bit more to the case that you may know, the best you could do in order to help is to find a competent defense attorney to help with his case.

If you would like some further free information on the criminal process you may visit my offices website at cgonzalezlawfirm.com or you may call us for a free phone consultation at 2127098303

I look forward to being able to assist you with your case.

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Answered on 6/06/07, 7:44 pm


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