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Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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AS YOU MENTIONED SEVERAL TIMES FOR MOST VIOLATIONS AND OR MISDEAMEANORS

Resolved Question:

AS YOU MENTIONED SEVERAL TIMES FOR MOST VIOLATIONS AND OR MISDEAMEANORS THERE USUALLY IS NO JAIL FOR FIRST TIME OFFENCES. I BELIEVE YOU MIGHT HAVE MENTIONED ASSAULT OR DOMESTIC VIOLENCE AS AN EXAMPLE OF A CRIME PUNISHABLE BY JAIL EVEN IF IT WAS THE FIRST OFFENCE. ARE THERE ANY OTHER VIOLATIONS AND OR MISDEAMEANORS THAT ARE PUNISHABLE BY SOME JAIL EVEN FOR A FIRST OFFENSE.

WOULD YOU SAY AS A GENERAL RULE ONCE YOU HAVE REPEATED OFFENSES SUCH AS BEING CHARGED TWICE WITH SHOPLIFTING YOUR CHANCES OF RECEIVING JAIL INCREASE SIGNIFICANTLY. A THIRD TIME IS ALMOST CERTAIN TO LAND SOME ONE IN JAIL. SHOPLIFTING IS A TYPE A MISDEAMEANOR I THINK. CONSEQUENTLY FOR REPEATED OFFENSES THE AMOUNT OF JAIL TIME IS A LOT MORE THAN THE 5 OR 10 DAY JAIL TERM

THANK YOU
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
'Morning,

You're looking for rules, and there aren't any. While it's safe to say that the more times you get in trouble, the more serious the possible consequence what's likely will always depend on more than just the fact of the new arrest. The history of the defendant, the particular circumstances of the case, and how difficult or easy of a time the DA would have proving the case at trial will all have an impact upon the potential sentence.

The NYC crimiinal justice system has huge daily volume and has a "revolving door." It's not unusual for ADAs to settle these kinds of cases with "paper convictions," just to move a case quickly out of the system. By a paper conviction I mean a conviction that gives a person a criminal record but is otherwise non-incarceratory and not heavily punitive. This is not true of felonies, which are prosecuted very vigorously, but it is certainly true of non-violent misdemeanors and of violations. Although somewhere along the line, non-violent misdemeanants do face months in jail, your worst case nightmare is unlikely to ever come true. If you want to make sure you do significant time in jail, you'd havet to assault someone, particularly a spouse or a police officer, or carry an unloaded unregistered gun.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17326
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.