Legal Question in Criminal Law in New York

My son served 90 days form June 2011 to August this year for violating an order of protection against me. My son then violated the order of protection against me again for a 2nd time in August this year,he was then conditionally discharged to inpatient treatment in November on this 2nd case, but he signed himself out of the program after a week or so. The judge told him up to 2 years jail if he left the program, and his attorney told me 16 months jail time for leaving the program. About a week after leaving the program he was found overdosed on a sidewalk and had xanax on him, which he is to provide a prescription for the court in Janaury, and he has one. A few days after this, he was arrested for contempt of court, as he was intoxicated and high as he was breaking the order of protection. He is currently in Rikers being held on contempt of court Misdemeanor A. How much time will he really serve for leaving his program or can the judge give him another chance at an inpatient program, as he didnt like the one he was in, even though he has a history with the court and the DA is sick of him? And is it possible for him to get a conditional discharge for the latest Misdemeamor A, such anger management classes, or batteres intervention?


Asked on 12/02/11, 5:16 pm

1 Answer from Attorneys
Steven Czik CZIK LAW PLLC

That depends. One thing for certain, it would be highly recommended to have an experienced lawyer to defend him and preserve hisrights in court. It would also greatly increase the chance of lowering the charges. 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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Answered on 12/05/11, 11:14 am


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