New York Criminal Lawyer Blog
Statutory law is not as fluid as case law, but there are frequently changes that occur in the law that require the courts to adjust their actions in different cases. A New York Sex Crimes Lawyer said tne case presented in New York, involved an inmate who wanted to be resentenced under the Sex Offender Registration Act. His argument was that he was sentenced as a higher level sex offender than he actually was. He wanted to be reclassified in order to obtain a lighter sentence and less controls on his liberty upon his release. He prepared his argument himself and incorporated his defense into a letter to the courts.
The court officers were impressed with his ability to research the law and to apply his research to his current case. He located a 1909 penal law that the court was not even aware existed. A New York Sex Crimes Lawyer said his contention that the law established sentencing provisions that should apply to his case was an intriguing notion to the court. However, the court did not agree that the differences between the 1909 and the 1967 penal law established a premise to bring otherwise ineligible sentences under provisions that would enable them to be resentenced under the 2009 DLRA. The defendant stated that the 2005 provisions for DLRA are overly complicated is an opinion that is shared by the court. It does not enable the court to ignore the standards of law that are presented. The 2009 provisions are not as restrictive as the 2005 DLRA, but the two statutes are different. They do not negate the applicability of the case law.
The defendant argues that certain statements regulating the calculations of repeat felony offenders that are present in the 2009 DLRA mirror the wording of Article 70. He contends that this wording makes it possible for certain repeat felony offenses to be recalculated for the purposes of resentencing and eligibility for resentencing under the SORA statute. The court does not agree with his argument. The calculation provisions that are in place are there to restrict the offenders of violent or sexual offenses. A Nassau County Sex Crimes Lawyer said these provisions are aimed at offenders who are likely to repeat their offenses and endanger the public welfare. The court reviewed the subject’s history and determined that he would not be eligible for resentencing even if his argument was correct. It is up to the panel to determine who is and is not a good risk as far as their recidivism rates for the offenses that are listed in the law. In the case of this particular offender, he had so many offenses that even if some were reclassified, he would not have a sentence difference. According to the evaluation by the Supreme Court, his sentence of three and one half years to seven years would remain unchanged even if he were to have his offense reclassified.
The case at hand demonstrates that while the offender was well educated and able to apply the legal principles that he had found, he was not as good at figuring out the mathematics that were involved in the sentencing calculations. The fact that getting his class C drug felony converted by reclassification, would have no effect on his additional class B drug felony sentences. The court reflected on the information that the defendant had delivered to them as educated and well written, but ultimately it was useless. The panel who reviews these cases is attempting to prevent the liberty of offenders like this one who has so many drug felonies to his credit that he is able to forget about some. A Suffolk County Sex Crimes Lawyer said the target of these DLRA statutes is to help defendants of drug related charges who are addicts obtain the treatment that they need to prevent them from re-offending. This clearly was not applicable to this defendant who had been found to deal in drugs repeatedly upon his release.
At Stephen Bilkis & Associates with its drug lawyers there are convenient offices throughout New York State and Metropolitan area. Our criminal attorneys can provide you with advice to guide you through difficult situations. Hiring a drug crime Lawyer can prevent you from losing precious time with your family.