The Amount of Time That Has Elapsed between Offenses Is a Factor to Both the Prosecutor and the Judge
Lisa Pelosi: Yes. Obviously, the longer a period that is passed that a prosecutor and a judge sees that the person accused of the new crime has stayed out of trouble and has lived a productive life; that would be taken into consideration. Criminal history is definitely a factor.
New York State Has a Ten-Year Look Back Period for Felony Charges
In more serious cases, generally speaking, 10 years has gone by from the time a felony was committed, that also has a profound effect on someone’s consequences. After 10 years the person is then seen as a first time a felony offender, and the previous felony is not held against them for sentencing in New York State.
Alternative Punishments
Interviewer: Are there any alternative punishments that are suitable for some cases, and what are they?
Treatment Programs Can Be a Viable Alternative Punishment
Lisa Pelosi: I think that it’s extremely important that when I get a case that I try to be as creative as possible to help someone stay out of jail. There are people who have drug problems, alcohol problems. I even recently have dealt with the case where the person had a gambling problem, and stole a great deal of money from a wealthy employer.
I always look to see what we can do to a, keep that person out to jail, b, prevent them from having a felony conviction, and c, and very important is to try to get them help, so that they don’t find themselves back in the system in another time.
There are many alternatives to incarceration, and a good criminal defense attorney would be up to speed on all the programs that are available for their clients. Because this is all I do, I am familiar with the various programs, and do have a good working relationship with the directors of the programs which benefits my clients.
The Courts Are Inclined to Work with an Individual Who Is Not Dealing Drugs for Profit but Because of Dependency Issues
For example, there are people who have a drug arrest who oftentimes, because they have a drug problem are getting caught with drugs. The courts are trying to help people who are not drug dealers for money.
Successful Completion of a Treatment Program May Result in a Dismissal of Criminal Charges
For example, if we can get a client into a good program where they’re going to get help, then that we can actually get the charges dismiss against them. I provide through the programs and the court an opportunity for someone to work to help get themselves clean off of the drugs. Then not only do they help themselves with their addiction, but the court will, as a gift to them, give them a dismissal of their case if they’re successful with their treatment.
