Legal Question in Criminal Law in New York

first time ever offence

It was the lowest moment of my life, but I know what I did was wrong, that is some time in 96 or 97, I was working while collecting unemployment, I spoke to labour department about it and agreed to them that it's true that I was working while collecting unemployment beniffit. I was arrested in year 2000, after getting arrested in late evening, I saw a juge the following day which He told me this is not his case, that he is going to pass me through to the county.. With that I spent 18 days in county jail before I was brought to court, and the juge released me under the supervision of probation. I am waiting for a court date, that means I am waiting to be indicted, I dont have any criminal record, never been in trouble with the law, this is first time ever, please could you tell me what are my chances in this troubling situations...Thank you


Asked on 4/09/00, 5:04 pm

2 Answers from Attorneys
Daniel Conti The Law Offices of Daniel A. Conti,P.C.

Re: first time ever offence

You need an attorney immediately. If you can't afford one,

the court will appoint a legal aid or public defender to represent you.

This is your first step. This is not the type of situation that lends itself to

an in depth discussion by e-mail. Good luck.

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Answered on 4/21/00, 8:13 am
Raymond David Marquez R. David Marquez, P.C.

Re: first time ever offence

While it seems that you may have confessed to having worked while collecting unemployment when you spoke to the Department of Labor, Its not clear what crime you committed. Only if you knowningly made a false statement to get benefits is it a crime. If you were hired after the unemployment benefits had begun then you may not have committed a crime. Yes, the Department of Labor may file an action against you to recover benefits paid or seek an order to deprive you of future benefits, but what crime were you arrested for? Other factors, however, must also be known such as your age, whether you are eligible for youthful offender status; and/or whether or not you made, or can make, restitution. The fact that you were remanded to jail for 18 days is also noteworthy. Did you plead not guilty or guilty when you appeared before the judge? If neither, then there may be grounds for seeking dismissal of your case if you were not arraigned in a timely fashion. If you were wrongfully imprisoned you may have a basis to bring a civil suit against the authority that arrested you, if there was no legal basis for an arrest. Get legal counsel fast.

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Answered on 4/21/00, 6:23 pm


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