Here is the story:
My son was charged with Burglary 2nd in NY way back in June this year:
We went to court and the court sits once a month:
Every month it got adjourned for various reasons - some because the DA did not have the file or other things by my attorney:
So we get to a plea bargain down to criminal trespass:
This is where the whole thing goes haywire and I do not understand:
In November we went to court and the jail failed to bring my son to the court(he was in serving a 2 day week sentence/weekends for a probation violation)
UNBEKNOWN to me or was it made to us that the offer of the plea bargain was only valid for so long and was issued on October 28th:
We go back to court in December to finalize and agree to the plea bargain and whalla the DA assistant says the offer expired 14 days from October 28th:
GEEZ!
We did not realize this but said we agree to the plea bargain anyway:
The assistant DA calls the DA and he says to adjourn it as he needed to look at whether he needs to take it to a Grand Jury:
WTF?
Anyway as I understand it the DA only has 6 months from the day of arraignment?..to file a Grand Jury presentation so maybe this is why he did it:
I receive a letter to appear in front of the grand jury with my son:
So my questions here:
What does this mean ?
Can we still agree to a plea bargain at or after the grand jury with the DA?
Did he do this because of the mess ups and confusion and because he only has 6 months from the date of arrest etc to present to a grand jury as no disposition was reached - no because or our not willing but because of mess ups and things:
although he was charged with Burglary 2nd they know he was 'only there' when it happened and it was another person that committed the theft he was with:
He never set out to burglarize a place -- him and a friend went to a friends house they had been to many times - his friend was not there and the person he was with climbed in the window thinking his friend would not mind if they waited inside for him...they went in and cooked pancakes:
The other person he was with took 2 items from the house - my son was blind to the fact that he was actually stealing anything;
anyway the police get a statement from my son and do not charge him at first but come back and say they have to charge him although they know he was not the perpetrator and only 'there'
Is this just another legal thing going on - cause time was running out for the DA under the law to file if no agreement is reached within 6 months and can we still plea bargain?
ANY advice would help me
My son was charged with Burglary 2nd in NY way back in June this year:
We went to court and the court sits once a month:
Every month it got adjourned for various reasons - some because the DA did not have the file or other things by my attorney:
So we get to a plea bargain down to criminal trespass:
This is where the whole thing goes haywire and I do not understand:
In November we went to court and the jail failed to bring my son to the court(he was in serving a 2 day week sentence/weekends for a probation violation)
UNBEKNOWN to me or was it made to us that the offer of the plea bargain was only valid for so long and was issued on October 28th:
We go back to court in December to finalize and agree to the plea bargain and whalla the DA assistant says the offer expired 14 days from October 28th:
GEEZ!
We did not realize this but said we agree to the plea bargain anyway:
The assistant DA calls the DA and he says to adjourn it as he needed to look at whether he needs to take it to a Grand Jury:
WTF?
Anyway as I understand it the DA only has 6 months from the day of arraignment?..to file a Grand Jury presentation so maybe this is why he did it:
I receive a letter to appear in front of the grand jury with my son:
So my questions here:
What does this mean ?
Can we still agree to a plea bargain at or after the grand jury with the DA?
Did he do this because of the mess ups and confusion and because he only has 6 months from the date of arrest etc to present to a grand jury as no disposition was reached - no because or our not willing but because of mess ups and things:
although he was charged with Burglary 2nd they know he was 'only there' when it happened and it was another person that committed the theft he was with:
He never set out to burglarize a place -- him and a friend went to a friends house they had been to many times - his friend was not there and the person he was with climbed in the window thinking his friend would not mind if they waited inside for him...they went in and cooked pancakes:
The other person he was with took 2 items from the house - my son was blind to the fact that he was actually stealing anything;
anyway the police get a statement from my son and do not charge him at first but come back and say they have to charge him although they know he was not the perpetrator and only 'there'
Is this just another legal thing going on - cause time was running out for the DA under the law to file if no agreement is reached within 6 months and can we still plea bargain?
ANY advice would help me