Video Q & A
Q: Criminal lawyer: hi a friend of mine is charge for this crime 265.02 FD (CRIM POSS WEAP-3RD DEG D Felony) he was at a home where there were guns when cops rush in for drugs and he was arrested in Brooklyn may 26 2011 and every time he goes to court his case were push to another court date he is now waiting to get bail please help me if you can thank you
A:As you know your friend is facing some very serious charges in New York. Penal Law section 265.02 is classified as a “violent felony offense” with significant exposure to state prison. I can tell from your question that your friend is still in jail from May 2011 which means that he has already been indicted by a grand jury or he has some other hold. In New York, having a weapon in one’s home or place of business can be considered a misdemeanor, depending on the circumstances. I would suggest that you or someone on behalf of your friend take a copy of all the court papers and the indictment and have a consultation with an experienced criminal defense attorney in New York City. Good Luck-
Q: I received third unsafe violation in NJ that changed into 4 points. Any way to open the case to change into another violation.: I appeared by myself in front of judge. A nice prosecutor change my tail gating violation into unsafe one but this was my third one within five years. Is there anyway, I can hire an attorney or write to judge to review my case because with these point i will lose my job, so my house and can effect my family too. Any suggestion?
A:You can hire an attorney to attempt to withdraw your plea. Since you entered the plea with out the benefit of an attorney the judge may give you back your plea, there is no guarantee. If your plea is vacated you will be back in the position you were in before the plea was taken and will be faced with defending your case. That will leave you with a choice of trying to plea bargain again and if not acceptable then pleading to the tailgating which is 5 points or going to trial. Good Luck-
Q: I understand that NJ Defendants are excluded from PTI if Previously Diverted….: But is that only for previous diversion programs in New Jersey or does it include programs in other states? I am applying for PTI but I went through an accelerated rehab program in CT a while back. Will that preclude me? I am also not a resident of New Jersey…will that matter?
A:It seems highly unlikely that you would be granted PTI with your prior diversionary history. Good Luck-
By Carl Spector