Legal Question in Criminal Law in New York

Predacate Felon charged with 3 Felonies

My husband is a prior felon. He has a history of drug abuse, etc. He is currently incarcerated in Nassau County Correctional Facility. He has been there since Oct. 14, 2002. He got arraigned on that date. He has yet to be indicted. Today he was sceduled for court. However his attorney court appointed failed to have him appear. He was accepted to a place called Dismas House for rehabilitation of violent felons. The Judge opted no way. Judge is looking for 5 years. Please advise me on what to do. My husband now whats to go to the Grand Jury. His charges are E Felony 4th Degree Possession of Stolen Property, D Felony 3rd Degree Grand Larceny, and D Felony 2nd Degree Attempted Bulgalry. Please advise me on what and how to approach this once it goes to the Grand Jury.


Asked on 12/20/02, 10:12 pm

2 Answers from Attorneys

Re: Predacate Felon charged with 3 Felonies

The Prosecutor has the burden of ordering the defendant into court, not the defense attorney. I can not speak as to why specifically your husband missed court because I was not party to the action but there may have been communication problems between the prosecutor and the prison.

This is a very specific question that cannot be answered online in a forum such as this one. Your husband really needs to speak with his attorney or if he's not satisfied to hire a new attorney.

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Answered on 12/22/02, 9:50 am
James Kats James S. Kats, Esq.

Re: Predacate Felon charged with 3 Felonies

Your husband should be let out of jail; they're allowed to keep him in jail only for 7 days maximum without indicting him (bringing case to the grand jury). The attorney must have made some kind of agreement with the DA.

For more info, call 347-451-7318 or 718-273-6229 or E-mail [email protected].

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Answered on 12/22/02, 11:55 am


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