Legal Question in Criminal Law in New York

Re: unlaw dealing with a child

The sentence does not sound correct. Three years probation goes with a conviction for an A misdemeanor. 6 months in jail and probation usually goes with a felony, for which probation is 5 years. My advise would be to discuss the case with an attorney. If you do not have one, please feel free to call me at 212-622-7180.

Re: unlaw dealing with a child

This is very unusual. Whereas a judge has enormous discretion in determining a sentence, this is very unusual.

The facts and details you have given me are not sufficient for a comprehensive answer, but I will try to give you some direction.

Your son was charged with Penal law section 260.20(2) "causes to be given...an alchoholic beverage... to a person less than 21..".

This is a Class A misdemeanor and is punishable by imprisonment for up to one (1) year under Penal Law section 70.15(1).

The best way to avoid or change this is to make a motion to set aside this sentence and file to appeal the sentence to the Appellate Division. You must give "notice of appeal" NOW - do not wait. you can lose this right by not meeting the time requirements.

The notice is simple - you should have been given such information at the time of sentencing. Any capable attorney can do this and you do not need an attorney for this small, but important, action.

The motion to set aside the sentence is a simple motion, but must be made on notice. An attorney would be helpful.

I recommend you find an attorney for the actual appeal. It is not expensive. I did criminal appeals for a PD office and this appeal will run only about 10 pages altogether.

Avoiding jail during the appeal will require a motion and filing a bond.

I hope I have given you some definite direction in assisting your son. Good luck and don't be discouraged - this is real life, anything can happen; even a little luck! You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

Reply: unlaw dealing with a child

Unfortunately, you do not give enough information for any attorney to properly respond to your valid question. There APPEARS to be an irregularity with the 6 months confinement, but you REALLY need to speak to your son's Defense Lawyer about how the Judge could sentence him to 6 months if this was supposed to be a "shock" probation sentence. If this was part of a "concurrent" sentence, then it becomes more complex - too complex to do over the internet.

Good Luck,

Don Rehkopf