Legal Question in Criminal Law in New York

sentencing

While being sentenced on a probation violation, the prosecutor during her argument spoke of my son's youthful offender status from his past. Is this manuever she presented illegal? I believe she spoke out of line and didn't think anyone was listening. I'm having a hard time with this because not only did she do this but also made a statement that other charges would be pending, but I know now for a fact there are no other charges. Anyway my question would be about the youthful offender status, was she justified in saying he has a youthful offender status in his past?


Asked on 5/03/08, 11:31 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: sentencing

Youthful offender status is not something that is or can be hidden from a probation or parole revoking court. The point of Y.O. is that it is a break offered to a defendant because of his youth and is expected to teach him a lesson without hurting his future. It is not meant to keep his indiscretions hidden if he should fail to follow directions. Her reference to it was alright but the lawyer for your son should have asked that the record of the proceeding be sealed or that the reference to the YO be struck from or deleted from the record.

As for other crimes, the DA may have decided not to go through the effort of poving another case if the sentence here was sufficient in her judgment. If she was lying then a report to the state Judicial dept. Grievence committee is in order.

Good Luck.

Read more
Answered on 5/03/08, 11:43 pm


Related Questions & Answers

More Criminal Law questions and answers in New York