Legal Question in Criminal Law in New York
Vilent Felony Override
I need to know the process by which to obtain a Violent Felony Override? Every site has been very evasive.
Asked on 8/17/07, 11:01 am
1 Answer from Attorneys
Craig McElwee
Law Offices of Craig E. McElwee, LLC
Re: Vilent Felony Override
You have to speak to your attorney. Certain felonies designated as "violent" do not qualify for the override and the rule is too long to detail here. Basically to get the VFO, the Judge or the Prosecutor must attach paperwork to follow you upstate stating certain facts about the offense. Even then, it is still a DOC determination as to whether you will be accepted into the programs you would otherwise be ineligible for with a "violent" felony conviction.
Answered on 8/17/07, 3:24 pm
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