Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

Hello, I was convicted in NY for sale of controlled substance

Customer Question
in the 4th degree while...
Hello, I was convicted in NY for sale of controlled substance in the 4th degree while I was in college in 2008. In 2009 a new law NY CPL 216 allows those who are convicted of this crime to have their records conditionally sealed. Since I plead guilty a year before the new law came about, does this mean I am not eligible for sealing of records?

Thank you for your time
Submitted: 7 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 4 hours by:
1/3/2011
Criminal Lawyer: LawTalk, Lawyer replied 7 years ago
LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,857
Experience: 30 years legal experience
Verified
Good morning,

I'm sorry to hear of your dilemma.

Actually, NY CPL 216 only addresses definitions, and the operative section you are referring to is section 216.05. The pertinent part of that section as regards XXXXX XXXXX is as follows:
§ 216.05 Judicial diversion program; court procedures. 1. At any time after the arraignment of an eligible defendant, but prior to the entry of a plea of guilty or the commencement of trial,

Unfortunately, in order for this code section to affect you and your rights to have the conviction sealed, you would have had to have been accepted into, and completed, the Judicial Diversion Program.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. I do work diligently to provide you with the correct Answer under the law, and because I have no control over what the law is, I ask you not to hold that against me.

It has been my pleasure to assist you, and it would be greatly appreciated if you would
click the green Accept icon so that I can receive credit for having answered your Question. Thank you in advance. Best regards,


Doug



I wish you the best in 2011.
Ask Your Own Criminal Law Question
Customer reply replied 7 years ago

Thanks Doug,

Is resentencing ever possible due to new laws coming about? Can I file for a motion for resentencing since a new law came about that could drastically change something here?

 

Thanks for your input and I will Accept your answer!

Criminal Lawyer: LawTalk, Lawyer replied 7 years ago
Good afternoon,

Re-sentencing will not be possible in your case. This is not just a sentencing issue, but rather a rehabilitation program for folks caught with drugs. It is not retroactive. Re-sentencing is only available to Class A-I and A-II felony drug convictions. I'm sorry.

Here is an article about the changes in sentencing over the past decade:

http://www.newyorkappellatelawyer.com/Appellate-Law/Re-Sentencing-Under-Rockefeller-Drug-Law-Reform-.aspx



I wish you well in your future, and thanks for agreeing to Accept. Much appreciated.

Please, remember that I only receive credit for helping you when you Accept my answer. Until then your payment is simply held by JustAnswer.com and not shared with me. So, please click the ACCEPT icon if my Answer has been informative, and helpful to your understanding of the law. Thanks again.

Doug

LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,857
Experience: 30 years legal experience
Verified
LawTalk and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,857
37,857 Satisfied Customers
Experience: 30 years legal experience

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

37,857 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
O. I am a witness in a case going to trial and i have not
I am a witness in a case going to trial and i have not bewn sapenad i got a ticket to leave im staying with a sick aunt for 2 months what is my options can i ne in trouble? Im in las vegas. Nevada … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
My son is scheduled to have a pre-trial hearing tomorrow
My son is scheduled to have a pre-trial hearing tomorrow morning at 8:00 AM what should he expect? Does he need a lawyer present? They say if he does not show they will put a warrant out for his arres… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
I just did 21yrs STRAIGHT IN FEDERAL JAIL. I WENT TO TRIAL.
I just did 21yrs STRAIGHT IN FEDERAL JAIL. I WENT TO TRIAL. THE PROSECUTOR LIED IN TRANSCRIPTS THAT THEY HAD THE DRUGS SENT TO THE FORENSIC LAB. I WAS CONVICTED OF CONSPIRACY TO SELL CRACK COCAINE. I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
If a man is on trial for rape (AKA battery in FL), and there
If a man is on trial for rape (AKA sexual battery in FL), and there exists an ex boyfriend of the alleged victim who has in his possession texts in which she accuses him of date rape and then recants.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If a man is on trial for rape, can the defense offer
If a man is on trial for rape, can the defense offer evidence that the complainant (alleged victim) has been diagnosed with bipolar disorder in the past?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can a parent prevent a child from testifying in a trial?
Can a parent prevent a child from testifying in a trial? This is in the case where the child claims to be molested and it's in the state of Ohio.… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,237 satisfied customers
I was on Pre-trial diversion program in Texas, I got
I was on Pre-trial diversion program in Texas, I got arrested in dallas this last weekend for PI and resisting arrest. What happens now?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,691 satisfied customers
I show up to trial and request a continuance because I have
I show up to trial and request a continuance because I have not recieved discovery? Now this is what I am getting hung up on. I filed request for discovery after the pre-trial. I did not know I was su… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
I am writing a script about a rape trial in the state of
I am writing a script about a rape trial in the state of Florida. I want to review real jury instructions for my research. Are you able to tell me where I can find real jury instructions for a Florida… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My trial keeps getting postponed, is that a good thing?
My trial keeps getting postponed, is that a good thing? Charges, criminal mischief, owi, battery, residential entry … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,691 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can we extend court trial date just before two days of trial
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,691 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If an appeal is granted and remanded to the trial court for
If an appeal is granted and remanded to the trial court for new trial, how often do those cases actually go back to trial?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x