Will I get alternative sentencing and sealing again?

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Will I get alternative sentencing and sealing again?

I got caught for $630 of merchandise w/my 3kids, they released my children to my cousin. I have a pror sealed record 3yrs prior. They let me go w/a DAT for 7/23. I am a single mother unemployed, no Child Support, very tough times in Brooklyn, NY.

Asked on June 22, 2009 under Criminal Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am not quite sure what deal you received the last time but normally the DAs office is not as willing to accommodate requests for record sealing the second time around if it is a similar offense. If you received an ACOD last time, which is an adjournment in contemplation of dismissal and the case was dismissed after a period of time, you will not be offered that again in most cases. However, sometimes the DA will offer to knock down the petit larceny charge to a violation if you do community service and take some kind of stoplift course. This usually requires a waiver of sealing but you could plead to the DA that you are a victim of dire circumstances and ask that they keep the sealing in place. They may be willing to accommodate you under the circumstances. You may be eligible for Legal Aid and I urge you to look into the possibility if you haven't as of yet.


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