Utica, NY asked in Criminal Law for New York

Q: I RECIEVED A APPEARANCE TICKET FOR CPW 4TH 265.01.01 FOR A BILLY CLUB WOODEN STICK FOUND IN CAR. WILL I BE REMANDED OR R

2 TIME PREVIOUS CONVICTED FELON. WILL THIS CHARGE BR BUMPED UP TO A D FELONY BECAUSE OF PRIOR CONVICTIONS? WILL I BE REMANDED OR REQUIRE A BAIL

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1 Lawyer Answer
Luigi Vigliotti
Luigi Vigliotti
Answered
  • Criminal Law Lawyer
  • Riverhead, NY
  • Licensed in New York

A: You ask a good question. Because of your previous conviction, it may very well be upgraded to a felony under PL 265.02(1), CPW 3rd Degree, a class D felony. As to whether bail will be set or whether you will be remanded, I don't believe this is a bail qualifying offense even when upgraded. Under PL 70.02, this is not a violent felony. If you had been charged under PL 265.02, subdivisions 5-10, that would be different as those are considered violent offenses. On the other hand, I don't know enough about you to know whether a Judge will set bail. While the new bail rules seek greater uniformity in who gets bail or not, some judges set bail for a host of reasons...one could be that you have warrant history. It's impossible to know what a Judge will do but in your favor, even if the charge is upgraded, you're not charged with a violent felony. Good luck!

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