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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 945
Experience:  Managing Attorney at a Law Firm
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I recently got charged with 220.06 and 2 cases of 220.02,

Customer Question

Hi I recently got charged with 220.06 and 2 cases of 220.02
JA: In what state did this occur?
Customer: New York
JA: Have you talked to a lawyer yet?
Customer: Not yet I was released today after arrested for a day
JA: Anything else you want the lawyer to know before I connect you?
Customer: The detective said he wants me to cooperate to catch others and that it will lower the Felony level D down 2 levels
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Nisha Jones, Esq. replied 11 months ago.

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only as we do not currently have an attorney-client relationship.

220.06 is a class D felony for a controlled substance, but there is not a 220.02. Are you sure you're citing the correct statute? Can you please double check and let me know, then we can go from there. Thanks!

Customer: replied 11 months ago.
I mistyped and it is actually 220.03. (2x)
Expert:  Nisha Jones, Esq. replied 11 months ago.

Hi! Thanks for clearing that up. The 220.03 is a misdemeanor possession of a controlled substance. So in other words, the prosecutor has offered you a deal to be a criminal informant in exchange for having the class D felony lowered to a class E non-violent felony?

Are you wondering about the potential pros and cons of taking the prosecutor up on this deal?

Expert:  Nisha Jones, Esq. replied 11 months ago.

Hi! I haven't heard back from you yet, but I wanted to send you some information you'd be interested in.

First, my recommendation would be to not accept any plea agreements from the prosecutor/investigator until you've spoken with an attorney about the facts of your case. The reason for this is that you might have some possible defenses to your case, or the officers may have made procedural errors relating to your stop and search; so you want to know how strong/weak the prosecutor's case against you is, and what possible options you have, before you agree to anything.

Also, if this is your first ever criminal offense, you qualify for a pre-trial diversion program. Diversion programs are reserved for first time offenders only, and generally entail some rehabilitation classes, drug testing, community service, a fine, and/or some combination of the above. Once you successfully complete the terms of the program, the charges against you will be dismissed.

Therefore, my recommendation to you is to first speak with your attorney about all the facts of your case, before you agree to anything with the prosecutor. If you qualify, the court will appoint you an attorney from the public defender's office. If not, there are also many private defense attorneys that will accept some form of a payment plan.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars as this is the only way experts are compensated for our time here on 'just answer'. It doesn't cost you anything to rate me, and we can still continue our conversation for free after. Thanks!

Expert:  Nisha Jones, Esq. replied 11 months ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!