Legal Question in Criminal Law in New York

before jury trial for class a misdemeanor

i will have last court appearence on 8/11 and then jury trial date will be appointed. my charges are 4th degree weapon + 6 other charges. is it true that if the opponent & his witnesses do not appear on the witness stand during trial, all charges will be dismissed? will the trial began right away? Am I able to travel abroad now? How about when the trial began? Am I barred to travel outside from the sentence date? My application for green card is pending until the trial is complete. My plea offer now is 3 yrs probation. If I go to jury trial, will I still get 3 yrs probation or jail? What's the max year in jail? Is it better to plea guilty or go to trial? They have picture evidence against my actions. A.D.A do not lesser the charges. I have a family to protect.Plse help me!


Asked on 8/09/03, 7:17 pm

2 Answers from Attorneys

Robert Evans Robert S. Evans esq.

Re: before jury trial for class a misdemeanor

The first issue is whether you have an attorney and then can you afford private counsel. If you would like to clarify these issues perhaps I may be able to assist you .If the complaining witnesses are not cooperating with the D.A. your chances of a lesser charge or a plea bargain improve ,also be mindful that after a trial the Judge may impose any sentance that is lagal ,which may include probation jail or some combination of the two. You may call my office @718-834-0087 for further info.

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Answered on 8/11/03, 1:39 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: before jury trial for class a misdemeanor

This is a difficult situation. While I recommend engaging a qualified attorney at your first opportunity, I can answer some of your questions.

Witnesses are required only ay the indictment (which has already happened) and at the trial to offer evidence of your guilt or innocence. If no witnesses appear, it is still possible for you to be found guilty based on other evidence. However, if the DA produces neither witnesses or other evidence, then you will go free. You will be found 'not guilty'.

The immigration issues are important to you and the plea bargain offer may be very attractive for that reason. On the other hand, either the charges against you are very thin or the evidence is slight becuase the ACD offer (adjournement in contemplation of dismissal) is almost as good as a dismissal.

A more detailed discussion and analysis (and there is more) requires that I know more about the facts of what happened, the charges, and the evidence the ADA seeks to marshall against you.

If you choose to meet with me, remember to bring all of the documents you have related to the case, your immigration documents, and give me about an hour with you to go over what happened. The details in every case are very important.

You are welcome to a consultation at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 8/09/03, 8:40 pm


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