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I loved as a Kid, No Backsies!! |
People are generally confused about the New York Conditional Discharge. We have written and videoed about it but still questions linger. A recent email was from a concerned mom. Her daughter had originally been charged with a felony and a misdemeanor in the Bronx. Trumping up (elevating) offenses happens quite often in many situations because it is far easier to start higher and then come down than it is to start low and go up.
Well the daughter, after a plea bargain wound up taking a plea to a couple of violations (non-criminal charges). But she was unsuccessful meeting all of conditions of her CD and violated her release.
Could the District Attorney go back (take backsies), and prosecute her
for the felony?