Legal Question in Criminal Law in New York

Re: the worst that can happen

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

First, this is a question for your niece to ask, not you. Your niece should stick with the advice of her lawyer, who is in that courthouse everyday, knows the people, the DA's, the judges, and the system.

He will also know other details -- prior criminal history of both sides being the most important -- that will help the judge decide if it comes to that. I don't. As a general matter, judges have an astounding amount of discretion, but usually don't inflict much or any jail on children who can by "youthful offenders" despite laws that permit potentially double-digit years. He will also know if this is the type of case that can be successfully defended and result in a dismissal or acquittal.

Second, I caution strongly against further disclosures on the Internet. You already told me and the whole world that your niece confessed to you -- so you could now be the witness against her. Don't make that mistake again.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel Attorney at Law 516-312-9900