Legal Question in Criminal Law in New York
What to Plead
I was arrested in washington square park. I am non-US citizen here under a work visa.
On April 30, 2007, I was on the phone in the park, and had one hand rolled cigarette in my hand which an undercover officer took from me and claimed had marijuana. I had a bag of Drum cigarette tobacco in my pocket and no marijuana.
I was taken to the police station and released after about 4 hours with a desk appearance ticket for May 30.
Four days later, I had to leave the country and re-enter to renew my visa which is a 1 year work visa. WHen requesting the visa, answered yes when asked if I had ever been arrested. I was admitted with a 1 year via, but told that if I am convicted, I will have to leave the country and will be inadmissible for re-entry.
I was told plainly by the immigation officer to fight it, that I should not plea bargain. That any conviction will render me inadmissible.
I have a company in New York that has millions of dollars invested by dozens of investors and has employed many dozens of people.
I would like to determine the best course of action. Is it possible to plead ''no contest'' and hope for a dismissal? Should I plead not guilty? Is so then does it automatically go to trial?
5 Answers from Attorneys
Re: What to Plead
Assuming this is your first arrest which it seems, and if what you say is so you did not commit a crime, it should be fairly likely that your case would be dismissed or at the worst ACD'd (adjournement contemplating dismissal) It is highly reccomended that you retain an attorney to protect your rights and will likely assist you in attaining the best possible result. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Re: What to Plead
N.Y. does not have no contest pleas, that being said you apparently have a valid defense. If the lab report comes back no drugs then the charges will be dismissed.In the event this does not occur a competent criminal defense attorney could perhaps negotiate a favorable disposition,perhaps an adjournment in contemplation of dismissal or some sort of violation.An immigration attorney should be part of the defense team.You may call my office @7188340087 for a free phone consultation.
Re: What to Plead
This sounds familiar. Didn't you call me and didn't we have an appointment for last week? I think your case is easily resolvable and in your favor.
Re: What to Plead
These types of cases are very common. You should retain a qualified criminal defense attorney for this matter. This case may be fairly simple to resolve although the immigration issue could complicate things. Please feel free to contact my office if we can be of any assistance in this matter.
Re: What to Plead
NY has no "No contest" proviso and you are not guilty so why should you plead guilty. It is likely that the District attorney will move to adjourn the case in contemplation of dismissal which is a dismissal in 6 months. According to NY law that will mean you will be put back into the situation you were in as if you were never arrested. You really ought to have an attorney to look into the issue and the immigration issue as well. You may also have a right to a civil rights suit for the officer's "jumping the gun."
If you would like to discuss this with me further you may follow the links below. I have handled many of these types of cases over the 24 years I have been practicing and will be glad to discuss representing you.
Either way, good luck.
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