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i maybe charge for grand larceny in new york for an amount…

i maybe charge for grand...
i maybe charge for grand larceny in new york for an amount of 50000 to 75000, what do i expect ?
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Answered in 5 minutes by:
6/19/2010
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,891
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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FranL :

Hello,

FranL :

Any previous convictions?

Customer:

no

FranL :

When the property value stolen exceeds $50,000 but is under a million dollars, this would be a Class C non-violent felony in NYS. Here's the law.

S 155.40 Grand larceny in the second degree.
A person is guilty of grand larceny in the second degree when he
steals property and when:
1. The value of the property exceeds fifty thousand dollars; or
2. The property, regardless of its nature and value, is obtained by
extortion committed by instilling in the victim a fear that the actor or
another person will (a) cause physical injury to some person in the
future, or (b) cause damage to property, or (c) use or abuse his
position as a public servant by engaging in conduct within or related to
his official duties, or by failing or refusing to perform an official
duty, in such manner as to affect some person adversely.
Grand larceny in the second degree is a class C felony.

FranL :

This would be an offense for which on the bottom end, probation could be possible.

FranL :

The maximum sentence for the crime would be an indeterminate sentence of 5 to 15 years of prison.

FranL :

Restitution would be part of any plea agreement.

Customer:

jail time or no

FranL :

Generally not, if it's a first offense, but obviously, I have no details of this offense, haven't seen the court papers and discovery, haven't conferred with the DA. . .

FranL :

But the usual offer on a felony theft offense would be 5 years of probation plus restitution.

Customer:

what, s probation

FranL :

What's probation?

FranL :

Probation is where the DA agrees to let you plead guilty to a crime for which you could get prison time.

FranL :

But essentially, your prison time would get suspended and you would be allowed to remain at liberty.

FranL :

However, you will be monitored by the court for 5 years.

FranL :

During that time, the state Department of Probation will require all sorts of things from you.

Customer:

that mean if i hire you today im not going to jail

FranL :

You will have to account for your whereabouts, not get rearrested, maybe take some kind of anti-theft classes or go to counseling, stick to a payment schedule to pay back the victim, and more, depending on the facts of the case.

Customer:

is there a way to avoid jail time

FranL :

Legal experts at JustAnswer are not allowed to actually take their customer's cases. You will have to hire a lawyer. However, as you are already out of jail, the whole time you are fighting this case, you will get to stay out of jail. And, as I have said, the usual result of a case like this would be an offer of probation. That is because the victim wants wants you punished (which is why he pressed charges) but he also hopes he will get paid back. And you can't do that if you're in jail.

So what I'm saying is that it's in everybody's best interest if you are not given a jail sentence. However, if you mess up on probation, and commit more crimes, or don't listen to a probation officer, you could end up in jail. That would be up to you.

FranL :

You also don't have to plead guilty at all. If you didn't take anything here, you can go to trial on the case. If you lose though, you face up to 5 to 15 years of prison.

FranL :

You should absolutely get a lawyer and have him there with you at your court date. If you cannot afford one, you can get a free lawyer by pleading not guilty and telling the judge that you don't have the money to pay for an attorney. He will appoint you a public defense lawyer.

FranL :

If you are not a US citizen, this is a potentially deportable offense, as it's a crime of moral turpitude. So if that's the case, a lawyer is even more important.

Customer:

im a us citizen

FranL :

Good. Wasn't sure about that because you asked what probation was.

Customer:

i should plea guilty or not

Customer:

what is my best options ?

FranL :

On your first court date, when you are first asked how you plead, a criminal defendant should ALWAYS plead not guilty.

FranL :

Every defendant here is considered innocent until proven guilty, so even if you did take this, you are not lying to the court by pleading Not Guilty. In fact, pleading not guilty at your arraignment (first court date) is the ONLY way you can keep all of your rights and choices open to you.

FranL :

You can always take back a Not Guilty plea, but once you plead Guilty you're basically stuck.

Customer:

can i go and say drop the case and we figure out how to pay u back ?

FranL :

So you never plead guilty until you have a deal in hand that's worth pleading guilty for.

FranL :

No. You can't.

FranL :

The victim has already pressed charges and the case is out of his hands and in the hands of the DA's office.

FranL :

Any attempt to cut a deal with the victim now would be seen as extortion or witness tampering and would add more felony charges.

FranL :

That's very important for you to know.

Customer:

i forget to tell u i as in court last thursday and tell me to come back the 23of august

FranL :

So you've already pled not guilty then.

FranL :

On the 23rd, will you be still in Criminal Court or in Supreme Court.

Customer:

ciminal court

Customer:

criminal court

FranL :

Good

FranL :

That means they haven't indicted you yet.

FranL :

They will make you an offer on the 23rd.

FranL :

You'll want to talk to a lawyer by then so that you'll know whether to accept it or not.

Customer:

what u think will be the offer ?

FranL :

I've already told you that several times now -- probably probation.

FranL :

It would be felony probation, which lasts for 5 years. If you do what you're told for 5 years, you will get to remain at liberty.

Customer:

can i get to travel during my probation

FranL :

Only with permission from your probation officer or the court. Probation must know of your whereabouts. If the travel is for business, it will probably not be a problem, but this is something that you would want your lawyer to look into before you took a plea.

Customer:

is there any way they will want me in jail ?

FranL :

I cannot say that for sure without seeing the court papers. But the fact that you are still out of jail means that you will probably get to stay out. If they wanted you in jail badly enough, that's where you'd be.

Customer:

where do i have to go to get a free lawyer because i don't have money to pay for one

FranL :

When you go to court on your next date, you tell the judge you do not have the money to afford a lawyer and you ask him to appoint you a public defender. He may or may not ask you questions about your income. If he believes that you don't have the money to pay a lawyer he'll give you one.

Customer:

and to tell you that on the first court date i mean last thusrday that was for petit larceny 565 dollars and i believe from now to next court date they will found out it was more around 75000 that;s why i said grand larceny .

FranL :

There's a big difference between an A misdemeanor and a C felony. Make sure you ask for a lawyer, and make sure you don't miss your court date. If they say that they have more information and believe that they have a felony charge now, the DA will probably ask for bail to be set on you. But because you're there, and you've been making your court appointments, the judge will usually let you remain at liberty.

FranL :

Everything else I said would still apply.

FranL :

Good luck to you in August!

Customer:

that mean i will have to go to court again and much the bail u think will be ?

FranL :

No. You'll already be in court. Whatever will happen will happen on your court date. I do not know what the DA will ask for. And we're going around in circles now here. I cannot give you any more information than I already have given you without seeing court papers.

Customer:

what about the bail?

FranL :

I have already said I do not know what the DA will ask for if the case will be bumped up to a felony. However, if you show up on your court date, that will be in your favor and will be a good reason for the judge to let you stay out.


 

FranL :

___________

If I've helped, please click the green Accept button so I can get credit for my work.

Live Chat will close but you can continue to post follow-ups on this thread if you need clarification.





Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,891
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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