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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27764
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a friend who has a history of grand larceny class E

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I have a friend who has a history of grand larceny class E felony. He fell into drugs, and stole 3000$ to pay for drugs. He is in the county jail right now because he was violated on a prole violation. He had 3 months left and is finishing it out in the county jail. He has not offically been charged yet but it looks to be a charge of Grand Larceny class E felony. He wants out patient rehab, and for this to be plead down to misdeamenor. What is the likely hood of this happening? What should he do

My name is XXXXX XXXXX I am an experienced NYS criminal lawyer.

I think that you are telling me that your friend was on probation for a grand larceny and was arrested again for another grand larceny, which has violated the terms of his probation. So he's presently in jail with a probation hold and a new case.

If this is right, use the reply tab to let me know. Also, let me know if you can, what he is alleged to have stolen this time and/or the monetary value of it.

Use the reply tab to respond.
Customer: replied 3 years ago.

Hi Fran-

He is at the county jail on a parole violation. I dont think he has offically been charged yet with the charge he said the charge will be a Class E felony grand larceny and the amount was about 3000$. Something about he has 45 days to be charged or indited? But he believes it will be plead down to a misdeamenor, where he could get drug court, or rehab, a nonconditional discharge and restitution? He thinks he will be out December 28 due to the parole violation.

Hi Jodi,

One more question. Do you mean parole or probation?

If it is Parole and he finishes on December 28, what he wants is at least possible. If he was on probation, then it's very unlikely.

After a felony arrest, the state has 5 days from his arrest to present the case to the Grand Jury and be ready to vote the indictment. If they can't meet their obligation, the defendant must be released on that case. With a parole hold, he would not get out, but there would be $1 bail placed on the new grand larceny so he'd get credit for the time in.

An exception to the release would occur if the defense lawyer asks the lawyer to hold off voting the indictment in order to cut a deal, or if your friend wishes to tell his story to the grand jury, which it does not appear he's doing. It looks as if the lawyer has told the judge he will not testify and the case has been transferred to Supreme Court for the next date, by which time he will either be indicted or returned to criminal court on the misdemeanor.

If reduced and he doesn't take an immediate plea on the misdemeanor (it will be a jail offer, since he's already in) and a dollar bail is set upon reduction, once his parole hold is up he can get out, fight the misdemeanor and try to get a non-incarceratory offer.

Rehab will not be possible as he will have been detoxed in jail already. But misdemeanor drug court would be an option. For that matter, though, time served may be an option too. It's going to depend on the facts of the case.

If it's indicted, he's a predicate felon, and he'd be looking at a few years in. As a predicate, he won't be eligible for drug court, though he could get treatment in-house.

Zoey_ JD and 2 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
it was a parole violation. he has not offically been charged yet on this new offense. he mentioned they have 45 days to charge him or its t thrown out? he couldnt get
drug court as a repeat offender? if hes charged whats the likelihood that he gets out after parole violation served and deals with previpusly described charges?
Hi Jodi,

Sounds like his lawyer sent the new felony over to Supreme Court for its Supreme Court Arraignment date. If the case has been indicted, he be given an incarceratory offer and/if he's not interested bail will be set on the new felony If the case has not yet been indicted by then, the Grand jury either voted a no true bill of indictment and the charges will be dismissed, or they will have voted a misdemeanor. If he wants a plea on the misdemeanor he can take it there or bail can be set on the misdemeanor and he will get a new date for that case back in criminal court where he can fight it.
Customer: replied 3 years ago.
fran-you have been wonderful. please be patient with all my questions.
i am new at this. i dont want to see this guy go to prison. he is a good guy who got caught upin roxicodone. he was on parole for a previous larceny charge which he went to shock for. he was violated for parole charge because he didnt show. he took a credit card and charged 3000
for drugs. she pressed charges. they arrested him but i think only on parole violation. but he knows class e felony will be charged but beelieves it will be plead down. parole ends dec 28. he will be out then i think. he has hit rock bottom this was the wake up call...i dont want to. see him go to prison. can this woman drop the charges?

While the woman can try to drop the charges if she wishes, the DA doesn't have to allow it as it's already been charged. In any case, you DON"T want to call her and try to convince her to do it. She will take that as coming from your friend, no matter what you say, and if she reports that contact to the DA your friend could find himself saddled with witness tampering charges.

This cannot get pled down post indictment. If the grand jury doesn't indict, then, like I have said, it will be either dismissed by then or voted as a misdemeanor. Unfortunately, he cannot get probation or drug court as a second felony offender, so if it is NOT reduced, he will have to either accept a prison sentence or beat the case at trial.

I know this is not what you want to hear and it certainly sounds as if your friend has a problem he has to get under control, but the law of this state will only allow him the possibility of something non incarceratory if the new case is reduced. You're just going to have to wait and see.
Customer: replied 3 years ago.
so he prolly has been charged but not indicated?
You should ask him to be sure, but that's what it sounds like to me. After an arrest he'd have to be arraigned on the new charge within 24 hours and he already has a long court date.
Customer: replied 3 years ago.
they cannot wait to charge him until his parole violation is served can they?
his lawyer really neeeds to speak to the DA before hes indicated rifht? because if indicated as felony charge it cant be plead down to a mi
misdeaminor? am i getting this right?

His lawyer may be able to drag out the voting of hte indictment until such time as his parole hold is up. Whether it's too late for that already will depend on whether your friend tells you that the new case has already been sent to Supreme Court.

You've gotten the rest correct. Once a felony is indicted it can't be reduced to a misdemeanor for purposes of a plea.
Customer: replied 3 years ago.
is that what he is talking about they have 45 days? and he said they only have 20 left? is this a good or bad sign in his favor?
Neither bad nor good. You will have to wait and see whether the grand jury indicts. His lawyer should know.

I am going out for a while and will take any further follow up later today.
Customer: replied 3 years ago.
thank u for all your help