Legal Question in Criminal Law in New York

Re: Leaving the state while in trouble

This is something you should discuss with the lawyer who handled the original court case on behalf of the defendant, as it is not possible to give advice on this without knowing more.

Re: Leaving the state while in trouble

Treatment Court is usually conducted *during* the pendency of a case, under the guidance and representation of an attorney. It is often part of a "conditional plea," wherein the person pleads guilty to the charge(s) and, upon successful completion of treatment, gets to withdraw the original plea and plead to a reduced charge or have the charges dismissed entirely. As Mr. Zeigler correctly stated, the attorney should be consulted. As a general matter, however, failure to appear in court without special dispensation will result in a warrant issuing and possibly losing the opportunity to withdraw the original plea. There is additional information on this subject at our firm's website, http://www.schwarzandblack.com.

Re: Leaving the state while in trouble

It is never a good idea to leave the State while a criminal matter is pending. The person will face serious penalties, including the loss of any favorable plea bargain, loss of posted bail, ect.

If the person has a legitimate reason and need to move to another State, for a new jobs or family responsibilites, it may be possible to resolve the pending case and transfer the probation or other treatment conditions to the new jusidiction.

For more information, please contact me at (716) 856-4022. Thank you.