Legal Question in Criminal Law in New York

Unlawful Posession of a Weapon

My fiance has been in jail for 2 months now, and I recently found out that he is being indicted for an unlawful posession of a weapon in the second degree. I found out from his assigned council attourney that the DA wants to offer him 3 1/2 years. He says that if my fiance wants to go to court, he has no problem doing that. I am trying to find out what the chances might be of getting a shorter sentence if we do decide to go to trial. Apparently they don't have to disclose their ''witnesses'' until trial. Could they be ''bluffing'' about the support their evidence may hold in court? Would it be better to go with a criminal lawyer to try and get it knocked down further. Or would it be better to take the 3 1/2 years and deal with it. Any help would be greatly appreciated. I might be looking for a good lawyer to help my fiance.


Asked on 12/27/07, 2:11 pm

2 Answers from Attorneys

James Kats James S. Kats, Esq.

Re: Unlawful Posession of a Weapon

Your best options are to request as much information as possible from the DA, and to do your own independent investigation. Then, and only then, can you evaluate whether to accept the plea bargain, go to trial, or move to dismiss the charges.

James S. Kats, Esq. www.lawjsk.com

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Answered on 12/28/07, 8:36 am
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Unlawful Posession of a Weapon

I would need more information in order to give you a better idea of the reasonability of the offer by the prosecutor. You may contact my office for a free consultation if we can be of any assistance.

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Answered on 12/27/07, 2:55 pm


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