QUESTION
1st charge ever in NY for CPCS 7th, what to do at arraignment? guilty or not guilty? please help!
Asked on Mar 31st, 2013 on Criminal Law - New York
More details to this question:
Hello, I have been arrested on a criminal possession charge in NY state for possession a very little amount of cocaine (cpcs 7th). It is my first charge, and I have never been arrested nor ever even received a speeding ticket. They did not even make me post bail when I was arrested or anything. I was let go without bail. I have my arraignment on April 23rd and I honestly have no idea what to do. I can not afford and attorney and I am told by friends that the court will probably allow me to have a public defendant. Do I plead guilty or not guilty at the arraignment? What should I do? If i plead guilty right away, will they allow me to only pay a fine later on so I will not have to go to court? Please help! I have no idea what to do, and honestly, I am really scared of jail time or a bail because I have never even been arrested and can not afford to be. Please help!!!
2 ANSWERS
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Ask for a public defender and then speak with the attorney before you decide to do anything. You should not speak with the prosecutor or anyone else connected with law enforcement.
Answered on Apr 13th, 2013 at 11:26 PM
Criminal Law Attorney serving Yonkers, NY
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Richard F. Sweeney, Attorney at Law
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At your first appearance, ask for an assigned counsel. You will probbably be given one that day. The lawyer will tell you that you plead not guilty and then negotiate. The fact that you had a very little amount of drugs does not matter. Even residue on a pipe is enough for a charge. Do not talk
to the prosecutor alone, wait to get an attorney and let the attorney speak to the prosecutor.
Answered on Apr 01st, 2013 at 7:52 AM