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Question: Criminal Defense - New York

Asked on 11/10/2009

Warrant for grand larceny 

I was asked by a friend to sell a few things to fix a broken building on his property. I sold the (almost scrap) vehicles. This was years ago. I have a wife and child now and live across the country. I need this resolved. What are my options? Is there a statute of limitations? How long? I have no documentation that the friend asked me to do this, it was a favor for a friend down on his luck living far away. How serious is a grand larceny charge? The scrap cars were sold for a total of $1500. They say that they do not want to extradite but can they change their mind? What should I do?


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Answers (2):

B. B., Member in Good Standing of the New Jersey Bar


A grand larceny charge is a felony, punishable by a year or more in jail, which makes it more than serious enough;  $1500 is at the lower end of this offense, which would probably work against any sentence much more than the minimum, especially if you have no other criminal record.

The statute of limitations isn't relevant, because it only goes to when the charges are filed, and that's been done.  And criminal statutes of limitation are suspended (the time doesn't run) while the defendant is out of the state.

Your first step, I think, should be to hire an attorney in New York, in the county where the charges are pending, to see what, if anything, the prosecutor is willing to do to get this resolved.  One place to find attorneys in other states is our website, http://attorneypages.com



  • Answered on 11/10/2009
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I am a New York Criminal Defense Attorney.  Although you can not prove that your friend asked you to do this, it is not your burden to prove anything.  The burden of proof is entirely on the prosecution to prove that you committed a crime beyond a reasonable doubt.  You would need to vacate the warrant here in order to try to resolve the case.  Give me a call if you would like to discuss the matter.  www.CriminalDefense1.com www.NYAttorneyDivorce.com



  • Answered on 11/11/2009
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