Legal Question in Criminal Law in New York

My soon to be husand recently has been convicted of a felony in the state of new york onondaga county. charged with burglary 3rd, being his first offense no prior record. 3 people was involed. he was out on bail for about a month went back to court and was detained. 1.although he was not sentenced then, should he have still been out of jail? 2.Could he of gotten probation again being his first offense? 3.Can he take it to drug court because he does have an issue with a few things? 3. can he recieve a new court appointed lawyer although the judges denies your request?

There is more to the issue than explained that we have here, the basics was stated. thank you for your time


Asked on 8/23/10, 9:27 am

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

Crim law is not one of the areas I practice in but I can tell you-he needs legal counsel-however you can get it. In Suffolk Crim Ct in Central Islip (on Long Island)I, the Arraignments Court judge decides whether the accused is entitled to Legal Aid while viewing a form filled out by court officers based on a pre-interview with the accused. He/she sets bail (usually a few thousand), a return date is set, and they go somewhere else, depending on circumstances. Legal Aid, however, later rejected future free counsel because in one Suffolk Cty (Long Island) case I know, the Mom made the $15K bail and since the budget has been cut, Legal Aid was busy as heck even before. So, they said the accused did not qualify-he may have appeared to qualify based on the corrections office inquiry but not now.

Read more
Answered on 9/05/10, 11:26 am


Related Questions & Answers

More Criminal Law questions and answers in New York