I missed a day of community service and it was my final chance, What can I do?

So the question was asked, "what can be done if community service was not completed and it was my final chance?  Will I be sentenced to jail?"

When a defendant is given multiple chances to perform community service and fails to do so, jail is certainly a possibility.  Judges feel that you were given a considerable break in sentencing and that you are not taking it seriously or giving it the priority it deserves.  Your first step once community service is missed, is to go back to the office where you signed up, ASAP, explain the reasons for missing your community service and ask politely to reschedule your missed date(s).  Unfortunately many counties are very inflexible in allowing missed dates to be rescheduled.  Perhaps it is so that they are not inundated with requests to reschedule which would lead to defendants essentially doing the community service when they felt like it rather than when they were ordered to.  Make sure you document the date and time of who you spoke to as well as their name.

Assuming the community service office was unable or unwilling to reschedule your missed dates, reach out to your attorney and ask them to intervene on your behalf.  They too should document their efforts.  If neither of these solutions work, I recommend that you do the community service anyway.  Take the initiative to find a non-profit organization, speak to someone in charge and ask them how you go about volunteering.  Complete all of the missed hours with this company BEFORE your court date.  Ask a supervisor in the non-profit company to write a letter to the judge on the company stationery, explaining what the charity does, the dates and times you volunteered, and what tasks you performed during those hours.  They should provide their contact information in case a court clerk needs to verify this information.

Now this strategy is not guaranteed to keep the judge from re-sentencing you to jail but it should maximize that possibility as you did complete the hours just not in the manner proposed.  The judge will likely allow you to reschedule your missed time with the program originally intended.

Richard Southard in the News...

Links to news articles from around the web regarding my representation of actor Stephen Baldwin:

http://www.nydailynews.com/new-york/stephen-baldwin-pleads-guilty-article-1.1171964

http://www.nypost.com/p/news/local/stephen_baldwin_pleads_guilty_to_ioDy78lDyySrRcUXzVgvfJ?utm_medium=rss&utm_content=%0a%20%20%20%20%20%20%20%20Local

http://news.yahoo.com/stephen-baldwin-settles-ny-driving-case-attorney-says-154314516.html

http://abcnews.go.com/Entertainment/wireStory/stephen-baldwin-settles-ny-driving-case-pays-fine-17366296

If I Gave Someone Drugs Without Asking for Money, Can I Still be Charged with Selling Drugs?

The answer is yes as New York has a very broad definition of the word "sell." The law is written that way to help the DA prosecute drug networks that use a different individual to handle the drugs from the individual handling the money. New York Penal Law Section 220 defines "sell" as to "sell, exchange, give or dispose of to another, or to offer or agree to do the same."

Legal disclaimer: All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com

Will Passing a Drug Test Help Me Get Out of a Marijuana Possession Charge?

The answer depends on what section of Penal Law 221 you are charged with. Since marijuana possession does not require that you ingest it to be found guilty of possessing it, a clean drug test is not a defense to possession. In most instances, I doubt that a judge would allow it into evidence as being relevant to whether you possessed marijuana.  The one exception may be if you are charged with PL 221.10 (1) under the theory that it was burning and if the offer testifies that he observed you smoking a lit marijuana cigarette.  If those are the facts in your case, then you may be able to introduce a negative drug test if it was taken within a short time of the alleged ingestion.  There is a move to decriminalize additional marijuana crimes under this section of the Penal Code and your attorney should be able to take advantage of that to dismiss your charges.  If this is your first offense, you are eligible for an ACD (Adjournment in Contemplation of Dismissal) pursuant to CPL 170.56 which would dismiss and seal the charge after one year if certain conditions are met  A judge may even grant your lawyer's application for this ACD over the DA's objection.  Speak to an experienced criminal defense attorney in your county and I expect you will get a positive result.

Legal disclaimer: All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com