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waived my rights in court and now going to grand jury in buffalo, NY. This is for a felony, my 2nd DWI in 3 years. I am an alcoholic with leukemia. What is the purpose of the grand jury if i submitted to the breathalyzer? What if I am not claiming to be innocent? What if, mentally I cannot handle a trial and don't want one? Can't the judge/DA/lawyers just come up with something right there? What if I said the heck with it and just plead guilty? Along with the 2nd DWI, I also violated probation in another town. Am I probably looking a jail time anyways? I don't want this to drag on, I want to take responsibility and get the help I need and have been getting. I am 60 days sober today. It's ridiculous to go through all of this when I was obviously drinking and drove over the legal limit. They want to punish you to be held accountable yet keep telling you to plead not guilty and put you through all this nonsense. I don't get it.
1 ANSWER
Criminal Law Attorney serving Yonkers, NY
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Richard F. Sweeney, Attorney at Law
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Its not clear where you are procedurally. If you signed an SCI form, you waived the matter going before a grand jury. Yor attorney will meet with the judge and ADA and get an offer. If you didn't sign an SCI (superior court information), the DA's office could be going forward with the presenting to the grand jury. You will be notified to appear in court to deal with the matter. If you were arrested while on probation, that is an automatic violation of probation. Whether you go to jail or not depends on the recommendation of the probation officer, the ADA and judge.
Answered on Jan 29th, 2013 at 4:57 PM