Legal Question in Criminal Law in New York

Re: Criminal Mischief

First of all, you are very wise to be concerned because by lying about her name, she is in MUCH worse trouble, because when they compare the fingerprints, they will then add charges for giving a false ID/name to the police.

You need to find out this - you say the police said she had a prior felony charge, but that it was sealed. If it was a felony, but is/was "sealed" that means that she was not CONVICTED of the felony, but rather was adjudicated a "youthful offender."

However, if indeed she does have a prior felony, she could very easily be looking at mandatory State Prison for a sentence - her attorney needs to clarify that right away.

Her case has ALL of the indications of her having a SERIOUS drug problem. She probably needs detoxification if she hasn't already had that. If she is now out on bail and gets caught either using drugs or commits a new crime to get drugs, she's going to be held without bail in all likelihood.

You don't say where you are from, so I don't know if there are any special "drug courts" that MIGHT be able to deal with her cases. The best advice that I can give you now is to make sure that she has a GOOD, experienced lawyer in criminal defense... there are a lot of flashy Yellow Page and Billboards out there, but if they are not members of either the National Association of Criminal Defense Lawyers or the NY State Association of Criminal Defense Lawyers, make sure that you check out their experience as a DEFENSE lawyer, not just as a "former DA."

Good luck. Call me Tuesday afternoon if you want to discuss this further.

Don Rehkopf

Re: Criminal Mischief

Your daughter may be in quite some trouble. It appears from your posting she may have been adjudicated a youthful offender already before, which would explain the sealed case.

To give you a more complete answer as to whether she WILL go to jail, I need to know more about her criminal history.

Additionally, it did not help to give a false ID because the fingerprint match will have brought up her real ID while possibly adding another charge (false ID).

I work for Goldstein and Weinstein in Bronx, NY and we would be willing to look at the case. Please call me at either 718-665-9000 or 646-209-8213. Good luck.

Steve Brand

Re: Criminal Mischief

I repectfully disagree with Mr. Rohlopf's post. Your daughter has been arrested for several misdemeanors. Even if she was previously adjudicated a youthful offender, she is not looking at "mandatory state time" on this offense. This matter needs an attorney who can get your daughter into rehab and speak with the ADA and convince him that rehab, not punishment, is the correct way to resolve your daughter's case. Feel free to contact me for a free consultation.

Re: Criminal Mischief

Your question is too vague to give you a definitive answer. Alot depends upon where the arrest took place ,the facts surrounding the arrest and your daughters prior criminal history. If you want more specific information you may call my office@718-834-0087 to set up a consultation.