Legal Question in Criminal Law in New York

Regarding "possible jail times".

Assuming that there is a plea or guilty verdict to Criminal Sale of a Controlled Substance in the second degree, which is a class A-II Felony, the following are the possible sentences:

Minimum: 3 years, maximum 10 years (if the defendant has no prior felony convictions);

Minimum: 6 years, maximum 14 years (if the defendant has prior NON violent felony convictions);

Minimum: 8 years, maximum 17 years (if the defendant has prior VIOLENT felony convictions);

Additionally, unless the defendant has a prior VIOLENT felony conviction, there is the possibility that the defendant receive a lifetime sentence of probation, if he "cooperates" and if the government consents.

The sentences above would all include a 5-year period of "post-release supervision", which is almost exactly like parole supervision, and which would commence upon the defendant's being released from prison.

Also, the above sentences are "flat" sentences, which in New York means that it is a single number sentence (as opposed to an indeterminate sentence of 3 to 6). Flat sentences can be given in whole or half years; for instance if the defendant is being sentenced as a second, non violent felony offender, the Judge may give him 6 years or 6 1/2 years, or any whole or whole and half number all the way up to 14 years.

Further, it is important to know that flat sentences imposed as a result of drug offenses are eligible for up to a one-third reduction contingent upon institutional behavior and participation in certain programs. For instance, if a defendant gets a 3-year flat sentence as a first time felony drug offender, he may only have to serve two of those years before being released to start parole (post-release supervision in this case).

Regarding "plea bargains".

Assuming that the Grand Jury has indicted the matter, the A-II charge cannot be pled down any less than a class B felony, which, depending on the defendant's criminal history, could include a sentence of probation, all the way up to 15 years (flat) in state prison.

If the matter has not yet been indicted, then there is no plea bargain limitation. That is, the charge can be reduced to a misdemeanor or less if the government so chose.

Regarding your statement that your family cannot afford an attorney, I'd like to give you a bit more advice. First, MOST people are in your situation, but fortunately the law provides that you MUST be provided counsel for this charge. While I have never myself practiced as a Public Defender, I see that they always have a case load that is too large. Nevertheless, many of them are very knowledgeable and very willing to fight if they believe that have a chance at winning. So, when you speak to your attorney, acknowledge his or her caseload, treat him or her with respect, and thank him or her for all of the time that they have spent on the case. If you do this, you will stand out in a very positive way.

Best of luck!

~Chris

The answer above is basically accurate. What kind of plea bargain will depend on the county. In drug cases most jususdictions will send you to drug court and allow a treatment program instead of jail.