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rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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A friend of mine is trying to get diversion instead of jail ...

Customer Question

A friend of mine is trying to get diversion instead of jail time; he asked a friend to keep some of his guns for him that he did not want his wife to get to put in an auction as part of a divorce. He did not know the person he asked to keep his guns could not do so because of a prior felony conviction. My friend is now charged with giving a gun to a convicted felon. THe AG told him he better come up with something good as a suggestion for diversion or he will give him jail time if convicted. So far he doesn't feel his lawyer is cominmg up with a plan the AG will like or accept. HE just needs some really good ideas. What could he do to convince the AG not to send him into a jail system. HE has NEVER been convicted of anything adn he is a gainfully employed otherwise positive contributor to his community.
Submitted: 6 years ago.
Category: Legal
Expert:  rvlaw replied 6 years ago.

Hi,

1. You have actually come up with the best general arguments: employed; first arrest; member of community; lack of knowledge of the felony conviction.

2. If the lawyer isn't forceful or creative enough, change lawyers yesterday. He has that right.

3. I don't mean to avoid the question, but as a trial attorney for 30+ years, part of effective representation of a client in any kind of case is knowing the temperament of the judges in the court and the kinds of arguments that most appeal to each of them. Therefore, the best person to help your friend is a local attorney and who knows this info. I can get you to a directory we lawyers use for legal specialists nationwide if you like.

 

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

 

Customer: replied 6 years ago.
THE AG said, "Come up with some really good ideas" My question was, What ARE some good ideas? What are things that have been accepted by judges in general in leiu of prison? THe AG has already said he will accept diversion based on the guy's good character IF the ideas are good ones. If you can suggest some, I will accept your answer.
Expert:  rvlaw replied 6 years ago.

I can only offer what I have already said. If you are not satisfied, you don't have to accept the answer. That's the beauty part of JA!

I will opt out of the question and see if one of my legal colleagues has any other thoughts.

Rich

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