Legal Question in Criminal Law in New York

court case

my son is charged with criminal

trespass and disorderly conduct. He

is a minor of 16 and never been in

trouble before.How much trouble is

he in??? thak you very much


Asked on 2/12/09, 1:37 pm

2 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: court case

He my face having a permanent criminal record if his case is not

Handled properly. Which could be prevented by his age and youthful

Offender treatment.

If you're able to I would suggest hiring an attorney for him. You

May reach us at 2127098303

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Answered on 2/12/09, 2:09 pm
Matthew Schwartz Schwartz & Ponterio, PLLC

Re: court case

The charges are serious as at least one of them is a misdemeanor.

Criminal Trespass in the Third Degree - the lowest level applicable in trespass cases - is a Class B misdemeanor. Misdemeanors are considered "crimes" under New York law. The maximum penalty is 90 days in jail. (The penalty could be higher if he is charged with Second Degree or First Degree trespass).

Disorderly conduct is a violation. Violations are not considered crimes and the maximum sentence is a potential 15-day jail sentence. In most cases, however, the punishment will be that of a fine or community service.

If your son has no prior record, he may be eligible "youthful Offender" status.

Youthful Offender status is granted at sentencing in the interest of justice and is meant to relieve the eligible youth from the onus of having a criminal record.

The records are automatically sealed upon a youthful offender adjudication. All official records and papers on file with court or police agency or the NYS Division of Criminal Justice Services (DCJS) are sealed.

If you are able, you should retain an attorney as soon as possible.

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Answered on 2/12/09, 2:50 pm


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