Legal Question in Criminal Law in New York

Reply: Proceeding to what objective now

Please do not misinterpret my response. This is NOT about morality or a philosophical "confessional." You need an experienced Defense Attorney to handle this, otherwise - and assuming that this incident happened in NY which your query seems to imply - you could be looking at anything from 5 years of probation to State Prison time.

There may be legal [technical] defenses that would persuade the prosecution to withdraw or reduce the charges, but whatever you do, do NOT wait around, as that will only prompt the prosecutor to Indict you which will make it all the harder to successfully resolve this for you.

Let me know if I can be of any further assistance to you.

Don Rehkopf

Re: Proceeding to what objective now

This is not a case to give up on! You have talked about several points which could make for a successful defense. If you have not been indicted (taken before a judge to ask if you are innocent or guilty), then the matter is probably finished. If you have, your lawyer may have a lot to work with on this case. Take heart; this is unlikely to result in a criminal conviction! You are welcome to a consultation at no fee at my offices at 42 West 44th St., NY,NY. Please call for an appointment first. (646) 591-5786

Re: Proceeding to what objective now

There are always many angles to defend a case. Of course, there are many things I would still want to know. For example, have you been indicted yet. In other words, do you know if your case has been presented to a Grand Jury? It is difficult to offer you a blanket defense without personally speaking with you about some more details. I am more than willing to speak with you about this matter as it is important to be well-represented, especially when the stakes are high.

Feel free to call me at 646-209-8213 to discuss this matter in greater detail.

Sincerely Yours,

Steven Brand, Esq.

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.

Re: Proceeding to what objective now

The first thing you must do is stop talking about the facts of the case to people. Your conscience will not be admissbile at trial, so baring it will not help you at this point. You have been charged with a violent felony. Although there was no violence or weapons involved, when one enters a home with the intent to commit a crime therein, e.g. take property, New York views this as a "violent" felony. As such, and to answer your original question, you could be sent "upstate" to serve a jail sentence.

Re: Proceeding to what objective now

The facts presented are very bare. It is hard to offer advise without knowing if you have been indicted and if so for what charge?. Burglary in N.Y.is a felony and can carry a period of incarceration.Your lack of a criminal record works in your favor so perhaps probation might be a possible disposition. For further advise I suggest you contact a criminal defense attorney you may call my office to set up a consultation @718-834-0087.