My question involves criminal law for the state of: NY
I am chrged with felony 3rd degree criminal mischief, I knocked out three windows in a house, I also am charged with 2nd degree assault. The are offering a felony charge with probabtion and Certificate of Relief from Disabilities (CRD). I am scared and dont think it is a good deal because I have a current professional license and Im trying to get another license and that felony charge will go against me when it comes to my license and job in the future. I need to what to do this is my first charge and the assault charge is a violent charge. Need help!:confused:
Criminal Mischief Charges
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01-12-2009, 08:30 PMScared001Criminal Mischief Charges
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01-13-2009, 12:25 PMOhMyRe: Criminal Mischief ChargesYou have to ask your attorney if it would be best for you to go to trial and try to beat this.Quote:
Quoting Scared001
However, if you are guilty and there is enough proof to convict you, you may have to consider a guilty plea and choose another line of work. -
01-13-2009, 02:21 PMcyjeffRe: Criminal Mischief Charges
I really don't see both felonies being reduced.
You have already received your plea bargain.... -
01-14-2009, 09:25 AMcyjeffRe: Criminal Mischief Charges
This posting thing works better if you don't put up and then take down your posts.
If your lawyer has told you to take the deal, then he/she is advising you that going to court is going to be worse. -
01-14-2009, 01:49 PMScared001Re: Criminal Mischief Charges
Sorry that was the first time I ever replied and I wasnt sure if I was doing it right, so I tried to delete the message.
Quick question: If I signed a statement but someone else really did the crime if they admitted that they really did the crime what would happend to the both of us? -
01-14-2009, 02:18 PMtc498Re: Criminal Mischief Charges
Where in new york did this happen? I would think it might be possible to at least reduce the criminal mischief to the 4th degree so it's a misdemeanor. The assault charge might be what is stopping them from giving you a better deal.Is the assault also a felony charge?this one might also have more of a likely hood of jail time). If you have a Pd,i would suggest hiring the best lawyer you can afford . Maybe try to get the mischief reduced and an acd on the assault.
Did you break the window and get into a fight,where did the assault charge come from? -
01-14-2009, 02:24 PMScared001Re: Criminal Mischief Charges
They are dropping the assault charge, but they are moving forward with the criminal mischeif because I signed a statement my lawyer is saying there is no way out of the that charge because I signed a statement, I asked my lawyer to offer a misdomeaner and he said he has been but the prosuecutor isnt taking the offer, if we go to trail I can be convicted on that one charge because I signed the statement. My other question is if someone else admitts to that charge what will happen?
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01-14-2009, 08:50 PMtc498Re: Criminal Mischief ChargesQuote:
Quoting Scared001
Bascially the confession and the Da probably thinking this guy faced 2 charges,he lucky to have one dropped. Maybe if you go for a trail and drag it out,the charge can be reduced . The best person to ask is your lawyer. If this happened in new york city or a bigger place b.c there so many cases your charge could be lowered.If it's a small town that could be another strike against you. If your 1st time getting in trouble ask your lawyer about an acd(it dismiss the charge after 6 months if you stay out of trouble).
Also ask the lawyer if they would ask for jail time if your found guilty,maybe draging it out can get the da to budge.Your crime is a E felony(the lowest kind),1 one step down and at least it's a class A misdemeanor. Would the Certificate of Relief from Disabilities help with the liscenses that you want to get?I hear that there a bill that could past that would let ppl seal there charge. As of now besides an acd,there no expungement or sealing in new york. Do you have a legal aid or a hired lawyer(they can make a huge difference)?