[heyhey123]

Hello,

I know a friend who is 25 in NY and was charged with 1 count of Identity theft (misdemeanor class E) and another count of Grand Larceny for Credit card 4 Credit Card( felony class E).

He obtained credit card information online from a source and used it to purchase items less than a $100. Over 50 packages under $100. He had these packages sent to his college. He is no criminal history. He was issued a search warrant at his dorm where they entered and siezed computers, usb drives, CDs.

The thing is that he did not use an attorney. The evidence was on paper for him to see. He confessed to using credit card information( not physical credit card) to purchase these items. He was very remorseful about his actions and that he came up from a poor family. The items he purchased were mostly food items and things you would use in college. He has no intent of selling the items.

The computers and usb drives that the police seized are being analyzed at a forsenics lab now.

He confessed to the 1 count of misdeameanor (class E) identity theft and 1 count of grand larceny of credit card. he has no prior criminal history. Taken this information can he still get a attorney to handle the plea bargain or fight the case?

Will there be jail time? and for how long?

[Mr. Knowitall]

It's a bit late to be thinking about getting a lawyer; but better late than never. The lawyer can advocate for him at sentencing, and can review for anything that might justify relief from the guilty plea.

I would say that your friend is looking at probation; but that felony conviction could bring him real pain in his future job searches.

[heyhey123]

The state of case is: NY

Ok so to follow up, My friend went to his arraignment with his attorney.

They have charged him with 3 counts of Grand Larceny(felony class E), and 3 misdemeanor count of Identity Theft(class A). He was very worried about 2 additional counts in each category from his initial charge.

The attorney says that he is confident that he can keep the defendant out of jail but it will be hard to fight the felonies.

Defendant has no prior criminal history. Do you think the attorney just has money on his mind being greedy or can he actually fight these charges so that the defendant has a low chance of going to prison?

Also the defendant has some evidence taken from him in form of a usb drive and media card. Can additional charges be applied after an arraignment if more evidence is found on the usb drive?

Does anyone how long do computer forensics lab hold the defendant's seized property for?

[M'sta Mikey]

The state of case is: NY

Ok so to follow up, My friend went to his arraignment with his attorney.

They have charged him with 3 counts of Grand Larceny(felony class E), and 3 misdemeanor count of Identity Theft(class A). He was very worried about 2 additional counts in each category from his initial charge.

The attorney says that he is confident that he can keep the defendant out of jail but it will be hard to fight the felonies.

Defendant has no prior criminal history. Do you think the attorney just has money on his mind being greedy or can he actually fight these charges so that the defendant has a low chance of going to prison?

That's what his attorney does; fight the charges. But there is no guarantee of avoiding jail time. That for a judge/jury/Prosecuting Attorney (plea deal) to decide.

Also the defendant has some evidence taken from him in form of a usb drive and media card. Can additional charges be applied after an arraignment if more evidence is found on the usb drive?

Yes, additional charges can be filed if the evidence warrants it.

Does anyone how long do computer forensics lab hold the defendant's seized property for?

If criminal charges result from the finding of the forensics lab, the defendant will most likely never get that property back.