Legal Question in Criminal Law in New York

Secret Indictment - Videotape

1. What are the rights to review your own evidence that led to a grand jury indictment in the 10th Supreme Court for class b felony charges ((2) poss/sale)) related to cocaine? She hired a lawyer who has done nothing by way of discovery, evidence credibility (validation), still no evidence shown to accused. He just said to ''plea bargin'' and offers jail????? A ''deal'' for this woman is not jail time and she is in no way a drug criminal and this is a terrible scary situation. Her only crime was to befriend a woman drug dealer who caused this entire mess. She takes full responsibility for bad choices in friends but she never hung out with anyone remotely related to this friend since she learned of her trashy ways, and she stopped long before indictment. No priors. Good-standing citizen. Nothing to do with drugs. She stops to consider impact of aspirin! Why is she told that she is doing jail time without any chance of an alternate punishment? Help!!!!


Asked on 1/20/08, 1:01 am

1 Answer from Attorneys
James Kats James S. Kats, Esq.

Re: Secret Indictment - Videotape

The defendant and her attorney do have the right to view and copy and test certain evidence, under CPL 240.20 and other laws. They can also visit and interview and take statements from all the witnesses they know of and who will allow it.

It seems to me your friend should be pleading NOT guilty and fight this case.

James S. Kats, Esq. www.lawjsk.com

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Answered on 1/20/08, 11:12 am


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