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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27450
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son is incarcerated 6 mos going to be 3.5 years. 20

Customer Question

My son Jack is incarcerated 6 mos going to be 3.5 years. 20 years young. Hand gun in truck under seat w no intent to use. Got a felony c. Possession of hand gun 2 no degree. Can he get a VFO. And how do you proceed. Thank you.
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Nys
JA: Have you talked to a lawyer yet?
Customer: Not for the vfo. Had lawyer told him to plea guilty. He did. Now sentenced 3.5 years. Trying to get an override. Prosecutors decided his fate. Would not reduce the felony to a e or d. My son is not violent at all.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't know. Interested if he qualifies for vfo
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now.

Was he convicted of PL 265.03(3)?

Expert:  Zoey_ JD replied 10 months ago.

If your son was convicted of PL 265.03 he would be eligible for the violent felony override so long as his crime did not involve his

"either being armed with,

the use of,

the threatened use of,

or the possession with the intent to use unlawfully against another of,

a deadly weapon or a dangerous instrument,

or the crime involved the infliction of serious physical injury." (See 7 NYCRR §1900.4 (c)(1)(iii))

Based on the fact that the gun was found under the seat of his truck rather than on his person, if he pled guilty to 265.03(3) he would appear to be eligible for the override. He would need to petition the sentencing judge for the override.

If you require additional information, please post your follow up here on this question thread, and I’ll be happy to provide it. Such follow ups are at no additional charge to you.

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Expert:  Zoey_ JD replied 10 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.