Prosecution Dismisses within the Curiosity of Justice — New York Legal Lawyer Weblog — March 16, 2023

In one of the vital rewarding instances I’ve dealt with as both a prosecutor or a prison protection lawyer, I’m past proud and happy to share that my consumer, arrested for 3 counts of Second Diploma Assault, New York Penal Regulation 120.05, and one rely of Third Diploma Grand Larceny, New York Penal Regulation 155.35, not solely averted imprisonment, however with nice effort on his half, together with compassion and consideration by prosecutors and the presiding decide, walked out of the courtroom with none prison document in any respect. Although the Individuals moved to dismiss his case within the curiosity of justice, when our consumer, a younger skilled, first got here to Saland Regulation, he confronted a presumptive two years and as a lot as seven years in jail for every rely of Second Diploma Assault. Compounding issues, not solely would he lose his liberty upon conviction, however he would seemingly lose his license and skill to apply in his chosen occupation after he served his sentence.

The Arrest & Violent Felony Costs

Sadly, our consumer, who by all accounts was, and is, a wise, type, and non-violent individual, had slowly deteriorated attributable to psychological well being points exasperated by COVID and the seclusion many people discovered ourselves immersed in throughout the pandemic. Lower off from household and pals, these psychological well being issues manifested in scary ways in which culminated in his alleged theft of a car he finally drove in a harmful method on the streets of New York Metropolis. Not recognizing who or the place he was, or what was taking place, prosecutors claimed that over the course or the night, our consumer deliberately crashed the stolen car into a number of vehicles, together with a police cruiser. In search of different automobiles out as is that if he was in online game of “Grand Theft Autho”, the purported collisions prompted accidents to the drivers and passengers of the three different vehicles.

The Disposition & Dismissal

On its face, our consumer’s actions regarded malicious, egocentric, and, if nothing else, reckless. Nonetheless, a deep dive into what was happening with our consumer instructed a vastly totally different story. Merely, and to prosecutors’ credit score, our collective investigation and efforts revealed that the “reply” to greatest deal with the case was to not destroy this younger man’s life however to grasp why the incident occurred and to get him the assistance he wanted to maneuver ahead within the healthiest method. Unified in our want to place our consumer on the proper trajectory to handle his psychological well being points, prosecutors and the Court docket agreed that the case warranted consideration for a non-incarceratory and non-criminal disposition. The truth is, all events agreed that if our consumer adhered to stringent circumstances, the Individuals would dismiss his case.

Finally, after pleading responsible to Tried Second Diploma Assault in Supreme Court docket, Legal Time period, and satisfying the necessities of that plea together with heavy oversight, moments in the past the Court docket allowed our consumer to withdraw or vacate his plea to the category “E” violent felony. The Individuals then moved to dismiss the case within the curiosity of justice. Our consumer, by means of extremely arduous work and perseverance, proved he was a younger man worthy of compassion and the chance to beat the problems that spiraled his life downward and uncontrolled. Now, this younger man can look ahead to a future stuffed with alternative, stability, and success.

All Fingers on Deck & Testomony to Shopper’s Perseverance 

As a lot as I wish to take full credit score for the ultimate decision of this case, and it little question was a “heavy carry” to safe what by any customary is an unimaginable end result in mild of the proof and allegations, the plea deal and closing dismissal is a testomony to many issues: a younger man’s drive to beat sickness and seize the instruments made accessible to him, the Individuals for giving our consumer an opportunity to show he was worthy of the chance, and the Court docket for its endurance and compassion to see the matter by means of to a simply conclusion.

Saland Regulation is a prison protection agency based by Jeremy Saland, a prison protection lawyer and former Manhattan prosecutor. Previous to opening Saland Regulation in 2008, Jeremy served as a Manhattan prosecutor in Robert Morgenthau’s District Legal professional’s Workplace for over seven years. Saland Regulation represents the accused in prison investigations, arrests, indictments, and trials, in addition to respondents and petitioners in Household Court docket Article 8 Order of Safety proceedings, events in Title IX and collegiate disciplinary hearings, and victims of Extortion, Blackmail, and Stalking searching for to finish their victimization outdoors of the prison justice system.

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