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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23601
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Fran, It must be terribly annoying to have me pop up here

Resolved Question:

Fran,
It must be terribly annoying to have me pop up here regularly, but I had a bit of news via e-mail that confirms my unease. Seems the ADA is seeking a FELONY D conviction and three years probation. Details to follow, but my attorney seems phlegmatic and resigned, but I think her wheels are turning. I am NOT happy. A setback!
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Hi Robert,

That is a disappointment. Frankly, probation is the usual offer on a non-violent first arrest, unless you had enough drugs to be your area's kingpin. The DAs see reducing your original charge to a D as a break. To me, however, a felony and probation is a felony and probation, and employers, etc., can distinguish between a misdemeanor and a felony, but in the greater scheme of things they would be unlikely to know the difference between a D, C, or B probation offer on a drug case. So it's a break on paper only and not for any real life practical purposes.

Is it horrible? Well, no. But does it give you anything important. No, it doesn't do that either. If your lawyer's wheels are turning maybe she can pull a rabbit out of her hat yet, the least thing they can do is offer you a program and a chance to work the case off of your record. I imagine your lawyer is thinking along the same lines, so don't give up on it yet.
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