Floral Park, NY asked in Criminal Law for New York

Q: B Felony 130.75 complaint time frame & incident counts innacurate: what would be best defense and how/when to do so?

No record; first offense.

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1 Lawyer Answer
Elena Fast
Elena Fast
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

A: Because of the nature of the charge, it is permissible to charge an approximate range of the conduct. Especially, if the the allegations go years back. No one remembers the exact dates of anything, unless they have a kept some sort of record- like a diary.

This charge has a range on the charge is 5 to 25 years and is subject to SORA registration. The stakes are very high and oftentimes, these cases frequently end up going to trial. Your question about case strategy is too complicated to answer on Justia. I would need to know more information about the allegations, time frame, number of complainants and your side of the story.

Please schedule an in-person, video or phone consultation with a criminal defense attorney to go over your case. I've done a few of these cases and can tell you the development of a defense will take hundreds of hours, multiple meetings with you, review of all the discovery and interviews of any potential witnesses. You should be proactive in starting your attorney search, your attorney will need as much time as possible to develop a defense and (potentially) prepare this case for trial. Best of luck with your case!

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