On 2009, a seventeen years old girl was arrested and subsequently accused of felony charges in two separately docketed felony complaints. She was charged with criminal sale of a controlled substance in the third degree when an undercover police officer alleged in the complaint that she along several others, were selling narcotics from a first-floor apartment window of a building. The officer specifically alleged that the girl, who he saw at the window inside the apartment, handed three bags of crack cocaine (cocaine possession) to his colleague, who was standing on the sidewalk outside the window. The man then immediately delivered the crack cocaine in her possession to the officer.
In a separate complaint, the girl was also charged with crack possession. Another police officer alleged that, at about the same time the sale occurred, he entered the aforementioned apartment and found the girl and a twenty-three-year-old man, inside. The officer further stated that he recovered fifteen clear bags containing crack cocaine sitting in plain view on the dining room table. While the police officers were in the apartment, the girl’s brother entered and asked what is going on. The brother was also arrested, along with the girl and the man.
The girl appeared for her arraignment and the court assigned the public defender organization to represent her. A very experienced staff attorney from the organization was designated to be the girl’s attorney. The attorney met with the girl to discuss the case prior to her court appearance. He went over the factual allegations in the accusatory instruments with her, and she then told the attorney her version of the events. When the girl appeared, she entered pleas of not guilty to all charges. The cases were deferred for grand jury action.
Consequently, less than three weeks after the arraignment, the girl’s attorney filed for a motion, a demand for discovery and a request for a bill of particulars. The jury had not responded to the motion and they had yet to provide the court with grand jury minutes for its review.
At some point, the girl was transferred into another highly experienced staff attorney within the same public defender organization. Her mother met with the new attorney and filled out some sort of questionnaire. At the conclusion of their discussion, the new attorney advised the girl that she believed it would be the girl’s best interest to accept a plea and that she would make efforts to secure an even more advantageous disposition.
Consequently, the organization placed another attorney to represent the girl. At the court, the girl and her mother discussed whether the girl would be pleading guilty. She said that her mother was worried. Afterwards, the girl told her attorney that she was going to plead guilty.
When the case was called into the record, the attorney indicated that the girl wished to enter a plea of guilty to criminal sale of a controlled substance in the third degree. The Court placed her under oath.
Consequently, the court received a trial report. During the girl’s interview with probation, she had not admitted selling crack cocaine. She told the interviewer that she accepted the court’s plea on the advice of her attorney and because she wants to move on and go away to college.
When the case was called into the record that day, the court attempted to re-allocute the girl, but she now denied committing the drug crime. The public defender organization asked to be relieved of their representation and an attorney was assigned to represent the girl. That attorney subsequently filed the motion to withdraw the guilty plea. However, the motion to withdraw her guilty plea is denied.
Every parent hopes a good future for their children. They want to see their child land a stable job that’s why it is difficult for any parent to see their child in jail because of false accusation. If your child was involved and arrested, whether it is for petit larceny, drug possession or sex crimes, you can ask the Bronx Criminal Lawyer. If you need to have the legal guidance of the Bronx Drug Attorney at Stephen Bilkis and Associates, just call the experts immediately.