Legal Question in Criminal Law in New York
I am on probation for 220.16 (possessing 25 "bundles" of heroin with intent to sell). I get arrested again recently while still on probation for the felony, and charged with the same type of b-felony. Prosecutor opened by offering me 8 years. I thought she was joking, but no. My question is: Can I avoid jail time entirely? AND Can I also avoid an in-patient drug treatment program? In other words; Is it possible for me to get out of this with no prison time and only some kind of outpatient probation thing. NOT inpatient. Thank you for your response.
3 Answers from Attorneys
If you could get inpatient I would grab it if I were you unless the new case against you is extremely weak.
Probably not. Your repeat of the same crime is demonstrative of a limited chance that you will not repeat again without some more severe penalty than probation. You are lucky you are in the city rather than on Long Island. (I am presuming that you are in the city based upon your zip code.) If it was in LI or Westchester it would be much worse. The minimum jail time would be higher. You might get the amount of jail time lower but no jail is realistically out of the question.
If you would like a consultation, you can contact my office at 516-746-4747.
Joel R. Salinger
It woudl be extremely difficult not to be dealing with at least one of those two. Regardless it would be highly recommended to have an experienced lawyer with you defending you and preserving your rights in court. It would also greatly increase the chance of lowering the charges and perhaps negotoiating a more favorable deal. We have substantial experience handling these types of cases and reasonable fees, 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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