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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27745
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Good evening, Fran. Just a quick update and, frankly, I dont

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Good evening, Fran. Just a quick update and, frankly, I don't know what to make of it. My attorney met with the ADA and the deal, it seems, would be a misdemeanor and three years probation. My attorney says she thinks it's a good deal, but seems less than enthusiastic. Then there's the question of how much Adderal was sold in a six month period. I think that this ADA is looking to make this a bigger deal and I think my attorney is thinking about counteracting him.So things are somewhat unsettled, though my attorneyassures me it's okay. I am very intuitive and feel something may have gone awry here. I hope I'm wrong, but meeting the ADA seems to have changed the dynamics here.

Hi Robert,

Three years of probation is the standard probationary sentence on an A misdemeanor. The only way to do less probation on a plea to an A would be to split it with some jail.

There are, of course, non-incarceratory sentence possibilities that don't require probation at all, such as a conditional discharge (go home, stay out of trouble for a year and this case will close. Otherwise it can reopen. It's similar to what other states would call unsupervised probation), or a fine, or a ton of community service.

So while there's nothing wrong with the deal, she may have been hoping to get you something less long-term intrusive. Nothing really suggests itself to me. To get a felony charge reduced to a misdemeanor and a promise of probation is a good deal. And if the felony was strong enough to indict, it's a very good deal.

Your instincts may be right and she may have been hoping for something better but this is still better than a felony, and it's a guarantee of no incarceration.
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Customer: replied 5 years ago.

There was some talk about my participating in an outpatient program (the implication being that I am an addict), but that seems to go by the board. She did mention that if she got what she wanted for me, she was going to ask for an earlier court date than what is scheduled in March. Now she's changed her tune and we go back in March. I told her that I was fine with probation, I don't really travel (not sure if you're allowed out of state). I have heard that community service is very difficult to obtain these days. Employees have been picking up the slack that what once the province of volunteers. As well, volunteer recuiters are happy to have you, but when they hear the dreaded 'community service' words, I've heard folks are turned away like lepers and are personae non grata. A shame, really.We really have lost our soul somewhere along the way. Redemption seems quaint and very much off the R.A.D.A.R.


As ever, I will keep you apprised, Fran. Much as I've enjoyed your searing insights and fascinating knowledge of the system, I will be greatly relieved when all of this is over.


Many thanks again and enjoy the weekend. As ever, stay tuned and let's see how this all plays out.


Take care,



Your lawyer might have been thinking of a treatment court disposition if the one in your jurisdiction handles misdemeanors. It's very intensive probation plus formal daily out patient drug treatment. If you remain drug free, stay out of trouble and complete your program requirements successfully, your case gets dismissed at the end of it. it's a plea that's both non-incarceratory but can keep this off of your record.

On the other hand, if you don't have a dependency of some sort, it's unlikely to be for you. It's very hard work, you are very closely monitored, and while the rewards are great if you have a problem and are committed to change your lifestyle , if you don't have a problem, you're probably not going to fit in well. DAs hand pick the people they will let into this program based on statistics of what sorts of defendants fare best with it. That may have been what went wrong. That's both good news and bad news.

I am fast turning into a pumpkin, So I'm closing this now. I'm sure you'll be very happy when this is all behind you.

Sleep well!
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