Herkimer, NY Criminal Defense Law Firms & Lawyers

A 19 year old charged with criminal offenses is no longer a minor. You are under no legal obligation to provide him with an attorney, even if he resides with you. However, I recommend you assist him with retaining counsel if possible. While the misdemeanors and violations with which he are charged do not sound particularly serious, they can still subject him to financial penalties, possible jail time and a permanent criminal record. Your son may have a valid defense to some or all of the charges. An experienced criminal defense attorney, after listening to his explanation of events and reviewing the police reports, can identify any defenses and evaluate their prospect for success. If it does not appear your son is likely to win the case, his attorney can negotiate with the prosecutor. Since your son has no prior record, depending upon the law and practices in your state and county, he or she may be able to obtain a disposition of the charges that avoids both jail time and a permanent criminal record. For example, New York, where you are from, allows "adjournment in contemplation of dismissal" for some misdemeanor drug offenses, whereby the case is continued for a period, usually up to six months, and assuming no additional violations and compliance with other conditions, the case is then dismissed, leaving the individual with no criminal record. An experienced attorney can advise your son whether he is eligible for this resolution given his particular charges, and if so, the likelihood the prosecutor will agree to it. If you cannot afford an attorney for your son, and your son is indigent, you should encourage him to ask the Judge to appoint counsel for him at his first court appearance. A drug-related misdemeanor on a person's record can have negative consequences long into the future, with potential employers, landlords, banks, insurance companies, licensing boards, and even student loan programs. It can result in the loss of driving privileges and may have immigration consequences for non-citizens. New York has statutes designed to avoid these consequences in minor drug cases, and representation by either a retained or appointed attorney may increase the likelihood of your son achieving such a result. By Jeralyn Merritt, Ask a Lawyer Panelist since 1998.  

You may be charged out of a different court. I would ask the court clerk in the court, to run your name for all the local courts. Courts have the ability to cross reference.

Every case is fact specific. In addition, with these type of cases there are different time limitations depending on what claim you make and who you make the claim against. Also in these type of cases one usually has the option of suing in Federal or in State Court. The bottom line is that  your husband  should contact a lawyer as soon as possible. Only as a last resort should  your husband  proceed on his own.