Can anyone give me a guesstimate of how much time this person will spend in jail if found guilty............?

Question

Someone I know was charged with four counts of third-degree criminal possession of a weapon, three counts of first-degree criminal possession of marijuana, and fourth-degree criminal possession of stolen property, felonies. And also faces misdemeanor charges of second-degree menacing and fourth-degree criminal mischief as well as unlawful possession of marijuana, a violation.

Can any police officals, judges, lawyers, or criminal justice majors out there give me a guesstimate of how much time in jail this person would most likley face if found guilty on all counts? This all happened in NY and he was on parole on the time. Thanks!!!!

Answer 1

32 years.

Answer 2

I hear the penalties have stiffend up,up there. First is,is he guilty or innocent. Most of the time they will bargain some of this away. Often its a poker game. Go at him hard and offer him a better deal in a plea bargain. Often times a better deal is still hard. If he makes the deal the prosecutor will make a recomendation to the court (the judge usually). And most times the judge will go with what he recomends. Jurys usually hit them hard if the defendent fights it and they find him guilty. They always look at crimmial history before sentencing. I would say if he is found guilty of all this,he wont breath another free breath. Also they may drop a lot of this.

Answer 3

It depends on a variety of factors. The fact that your friend was on parole is not good. But, it also depends what he was on parole for. If it was a non-violent first offense, it's not as big of a deal than if he stabbed a crack whore half to death b/c she was going to snitch on him for dealing. If the previous offense was similar to the ones here, then it might appear as if he hasn't rehabilitated and needs to spend more time in jail. It seems likely he would have to finish his original sentence and then some.

Also, and I'm not familiar with NY law, but there might be mandatory minimums if the possession was in a school zone or something, so that could affect the amount of time your friend could face, and there's nothing you can do about reducing mandatory minimums. (Short of doing investigations and fighting the charge--like going to the area and measuring the distance from the offense to the school.)

There are also certain variables that are completely unpredictable--namely, who the judge is, what his/her tendencies are like, and what mood he/she is in that day. Sometimes, a defendant can be disrespectful or just generally rub a judge the wrong way, leading him/her to bend towards the max time. Other times, a particular judge will have a personal mission to lock up defendants for maximum time b/c of the way they feel about drugs, sexual violence, whatever their personal beliefs may be. (I knew a judge who had a son that struggled with drug abuse, so he was super harsh on all the people who came in front of him for drug offenses) So, people who come in on a charge that strikes a personal chord of a judge can sometimes get the short end of the stick, or the long time in jail, as it may be.

And, don't underestimate the power of the District Attorney on your buddy's case--the DA could offer your friend a decent deal, drop a few charges etc., or be brutally harsh and ask for max time. A similarly long host of factors could come into play there. Has your friend been trying to improve himself/herself since leaving prison by going to school, getting a job, acting responsibly, etc? Is your friend young and likely to change? Does your friend have a relatively short rap sheet, or does his criminal record rival "War and Peace?" How strong is the DA's case? Can they actually prove all of these charges? (Usually DA's trump up charges so they can whittle them down to make plea bargains) Can certain items/confessions be suppressed? Are the witnesses reliable? How thorough were the cops in investigating? You get the picture.

Your friend's attorney will more likely be familiar with the judge, the DA, etc., and will be better able to weigh these factors and advise his/her client whether your friend should take a deal or risk trial.

Best of Luck (and tell your buddy to stay outta trouble, yeah?)

Answer 4

Your pal's gonna do some time. Those are all serious beefs. He'll be all grown up when he gets out. Hopefully the prosecutor will offer him a deal. Since he was on parole, it might be tough. He's going to do his original time, plus. He needs to claim 'Reefer Madness' and beg for treatment. The drugs made him do it. It's the American way. It the weapon beef that he's going to pay for. I'd guess a real extra time of five years over what he was serving, but they like to make examples of guys with weapons. You never know.

Answer 5

with the justice system these days he'll get 10-20 years out in 5-8 on good behavior if that much unless he does a plea bargen in which they could say 2-3 years and house arrest or probation for uncertain amount of time

the drugs alone unless it was a heck of alot and intent to sell shouldn't get more then 6 months

Answer 6

being charged and being found guilty of the charges are very separate things. if the person in question plead guilty to all of the charges you presented and at the same time, he/she may be able to see their grandchild graduate college. if this person has a decent lawyer some of the charges maybe dropped to get a better sentence, which still may be 5-30 years. if i were you
though i would erase this individual from my speed dial, it may not be used for a while.

Answer 7

First of all he would go back to jail for violation of parole and finish his time on that violation. Depending on his time that he has remaining. All in all it depends on what type of a plea agreement can be nade between the District Attorney and the violators Attorney. But one things for sure, he will be in for along time.

Answer 8

Our judicial gadget is depending on the presumption of innocence, so it truly is a on condition that the countless in charge received't pay the leads to their acts. yet on your first supposition an risk free is wrongly imprisoned and the authorities are literally no longer searching for the authentic wrongdoer. So i'd might want to assert that an guy improperly jailed is the more severe of both.

Answer 9

All I can guess is LOTS of TIME. Don't know the laws of new york, but anytime you are on parole and you mess up - you definetly go back and finish your original sentence! It looks like your friend was very busy and will have to pay for it. Sorry!

Answer 10

I hope this person is not very important to you as he/she is going away for many years if there is any justice. Why would you be concerned about the years to be served unless you want the person to be put away from you.