Q: Should my cousin sign the document for the pretrial conference. Can charges be dropped from a D felony to A misdeameanor
He suffers from mental health disabilities and was arrested at Franklin General ER because he allegedly assaulted a technician. He has a past history of violence so he is facing 12 years to life. He has legal aid representation they are advising him to sign a document for a conference to begin the deal bargaining process. They say that they have not assigned an ADA to his case yet in mineola court house in NY, and that would be beneficial to him. Also do you know what the requirements are for a case to be transferred to mental health court? Or how we could go about that? Lastly they are waiting for the video from the hospital to see if he assaulted her or pushed past her, is there any possibility of them dropping this down to an A misdemeanor??
P.S. he is currently on parole and will max out March 2019
Thank you for your time.
A: There are too many issues here. Why does he need to sign a document to begin the deal bargaining process? Does he have a guardian ad litem? If he has mental issues, why isn't his attorney handling the mental health court already? If he doesn't have an attorney, how was he arraigned? Yes, the prosecution can always make any deal they want subject to agreement by the defense attorney, defendant, and judge. Your best bet is to talk to your friend's attorney if he has one or when he gets one. If he needs an attorney, call an experienced defense attorney.
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