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Which Deal to Take: a Criminal Conviction or Violation with Jail Time

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  • 02-19-2010, 08:41 PM
    goyal99
    Which Deal to Take: a Criminal Conviction or Violation with Jail Time
    My question involves criminal law for the state of: NY

    The DA wants to charge me with a CRIMINAL conviction (attempted larceny) and a hefty fine of $500 or he's willing to accept a guilty plea of a Disorderly Conduct PLUS 15-day jail time in the County jail....My lawyer says that of a 15-day jail term actually means only TEN days I will have to serve in County jail.

    Although the thought of doing Jail time is a scary one, I feel that in the long run a VIOLATION (Disorderly Conduct) is preferable than a Criminal conviction on my record...

    Am I correct to think this way?? Thanks!
  • 02-20-2010, 12:51 AM
    TheArgumentative
    Re: Criminal Conviction or Violation + Jail Time
    You are correct. While ten days in jail is hardly a pleasant experience, it's probably worth it. In New York State, a criminal conviction remains on your record forever and would likely cause significant problems with future employment— on every application, you would have to admit that you were convicted of attempted larceny, and no employer wants to hire a thief. A conviction for a violation, on the other hand, will be sealed under Criminal Procedure Law section 160.55 and you won't have to explain anything to employers.
  • 02-20-2010, 08:50 AM
    goyal99
    Re: Criminal Conviction or Violation + Jail Time
    Thank you very much for the explanation....That's exactly what I'm trying to avoid - a permanent Criminal conviction on my record so I'm pretty sure some jail time to "pay" for my stupidity should be a temporary setback and the least of two evils in the long run. Regards
  • 02-22-2010, 09:23 PM
    tc498
    Re: Criminal Conviction or Violation + Jail Time
    I understand where jail is scary,it's the local county jail so it shouldn't be too bad,just a little uncofortable.
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