Legal Question in Criminal Law in New York

sentencing

In response to the 2-6 my son received in state, his charge was burglary E and when he violated he did not committ any other crime, he admitted to using drugs to the drug counsler and in turn was violated. As part of the written contract with outpatient drug treatment it stated that if he was not doing well that they would recommend inpatient but never did. In my opinion he should of had a 1-3yr committment for the violation. This was a crime that happened 2-3yrs prior. What is your opinion?


Asked on 6/23/08, 10:54 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: sentencing

What is his status cirrently. Is he incarcerated? has the court found him guilty? when is the sentencing scheduled for, if he has been found guilty?

If he has already begun serving his sentence, and its been 2-3 years there very well may be nothing that can be done...

also, if you are going to contact me again please simply forward the message to my direct email address, click on the link below for the diret office information.

At the very least there should be an offer of an inpatient program, on a E this would tend to seem excessive, depending on his record... ALSO, when the charge is originally an E Felony, there should not be much difficulty in a good attorney getting that dropped to the misdemeanor, im not sure what has been done on your case, but it sure sounds as if you should consider hiring your own attorney to handle this for you...

if you would like further info on the system feel free to listen to our free podcast at cgonzalezlawfirm.podbean.com

you may also call us directly at 212.709.8303

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Answered on 6/24/08, 8:17 am


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