How do I get a violent felony override? 2 Answers as of January 27, 2012

Is an attorney needed to apply for a violent felony override? If so how much will it cost? If not what needs to be done to apply for a violent felony override?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
What are you referring to with a violent felony "override?" If you are charged with a violent felony, the DA can plea bargain it down, regardless, to a non-violent crime, but it usually takes quite a bit of work. That can be costly, but without any specifics, it is impossible to advise you whatsoever.
Answer Applies to: New York
Replied: 1/27/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
When you take a plea to a violent felony you are ineligible for many programs such as Shock Incarceration, half way house, work release, and Judicial Diversion. Your lawyer can try to get you into such prison alternatives or early release programs but it is almost never allowed. This is because violent felons are a danger to the non-violent inmates who enter such programs and the law does not feel that violent felons deserve an alternative to prison. Murderers, rapists, burglars, and people who injure others or have guns are a threat to the safety of the drug users and non-violent prisoners as well as the community and are an escape risk. They have long prison terms to serve and would likely abscond from such programs.
Answer Applies to: New York
Replied: 1/27/2012
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