QUESTION
I was arrested for CPCS 7th while still on ACOD from my first CPCS 7th arrest. What can I expect at my first court appearence?
Asked on Jan 07th, 2013 on Drug Crimes - New York
More details to this question:
I was arrested for criminal possession of a controlled substance in the 7th degree in Feb 2012. I eventually plead guilty to a disorderly conduct for this arrest and was told by my lawyer not to get arrested for the next 6 months to a year. I was arrested again in Oct. 2012 for criminal possession of a controlled substance in the 7th and I have my first court appearance after being bailed out the day of my arrest. What can I expect at my first court appearance? Will I be charged with both crimes again? Can I be sent to jail?
1 ANSWER
Criminal Law Attorney serving Yonkers, NY
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Richard F. Sweeney, Attorney at Law
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If bail was already set and you show up to court, it is unlikely the court will make the bail higher. It is not clear if you received a conditional discharge or an adjournment in contemplation of dismissal. If it was a conditional discharge, the court could re-sentence you to up to 15 days in jail based on a plea to Discon. If it was an adjournment in contemplation of dismissal, and if the time expired,nothing will happen to you. Although ACD's are not usually given on Discon's. If the time did not expire, then you are facing the original charge, unless you pled guilty in order to get the ACD.
Answered on Jan 28th, 2013 at 7:37 PM