Legal issues - Stealing a car, starting a fire & more

ECathers said:

My tale takes place in Ulster County, NY. Town A is New Paltz, Town B is Kingston. (Just wasn't sure if that was relevant enough to post earlier.) Absolutely. Imagine if this took place in the Bronx?

Technically my MC is about 2 months under 17. Then "technically" she's 16. "Technically" matters in legal proceedings. She's a juvenile in New York at 16. New York, outside of the major cities, is reluctant to try juveniles as adults. It needs a mega crime.

On the house-to-house searches, I probably didn't use the best wording in my question. Basically setting up a road block, then knocking door to door in the area to ask questions. Do you have any idea of the resources you need to do something like this? For a roadblock to be effective, you need one on each and every road. If you're very lucky, that's only four. You need at least two officers at each roadblock. New Paltz police do have a strong penchant for roadblocks, which they use on a super-frequent basis to check car inspection stickers and violations thereof. That's a single stop on one road that is pre-planned. Vastly different thing, including the fact it assists in revenue enhancement in many jurisdictions.

New Paltz is also a (relatively) quiet town where the police have a penchant to go all out on the rare occasion where something interesting happens. Of course that's based on 20 yr old data, but I wouldn't be surprised if it continues till now. This is an area where the local paper celebrates an aged farmer getting a new tractor. (Seen it done, no joke.) Okay. However, juvenile crimes can't be released by the police. It has to be discovered by someone outside the police department and released to the press. It's hard to get a juvenile crime into the press.

I'm going to assume that my MC's mom has signed whatever paperwork required to retain her lawyer friend, and that this is an ongoing arrangement they've had for years.

In the past the Mom has dealt with religious discrimination (she's a Witch) where a local town statute tried to bar her from holding rituals in her home because they weren't zoned as a church. After this, there was plenty of harassment from CPR regarding her children. (This is based on an actual case.) Thus the reason why she would probably have the lawyer - her coven member - on retainer. Okay.

Although I haven't strongly established this (It's not something the 1st person 17 yr old MC would know.) the lawyer is potentially in a casual romantic relationship with the cop. That's fine, but completely immaterial. Attorneys and police officers have things they don't tell anyone. I wouldn't tell my wife a lot of things that I know from legal work, even if it doesn't strictly fall under attorney/client privilege.

I ran all of this past an elderly friend who was a retired NYPD Police Detective however he is elderly and it was a couple of years ago. At the time he didn't note any/many problems, but things change. NYPD is a lot different animal then most police departments. Also, friends aren't always honest.

Thank you so much for your help and your comments.

Click to expand...

ECathers said:

My 17yr old MC is rescuing her younger brother from some folks who want to kidnap/kill him. In the course of that she steals a car Does she have a driver's license?, gets her sister to set off a fire alarm at a school Witnesses? What is the sister saying? This is going to be hard to prove., starts a real fire (in a wet area, to create cover smoke and general panic) This is even harder to prove. How do the police know it's intentional? What links her to the fire?, and on the way out bumps one of the bad guys with the car. (Not enough to hurt them much.) And he's going to tell the police about this why? This happens in Town A.

She manages to get to a safehouse, but now the cops are after her too. Unless you've got something good to connect her to the arson and the assault, I doubt the police are even going to be aware of them. So all they've got is a kid joy-riding in a car. Big whoop.

What the cops do: They have camera surveillance proving she's the one who stole the car. The video isn't going to prove she stole a car. All it's going to tell them is she entered the vehicle and drove off. Did she hot-wire the car? Pop the window or ignition? What is her demeanor like when she drives off in the car? They search her home but don't find her. They can look through her house as a result of a juvenile warrant for her detention, but they can't search the house. Nothing you've stated so far provides sufficient evidence to get a search warrant. (One of the minor characters reports seeing crime scene tape at her house.) Which is important for what? As far as I know you can get crime scene tape from Amazon. A good chunk of teens have crime scene tape. Later when an anonymous tip comes in re her location, the cops do a house to house search of the area, but she escapes. How come all these anonymous tips are coming in? How did this get into the press? And if you think taxpayers like to have their doors knocked on by the police while looking for a suspect, you need to do some more thinking.

She and her family can't turn themselves in because the bad guys are definitely out to kill the brother and the cops may be infiltrated. Also the baddies have a paranormal aspect, and the MC and her family don't think they'll be believed. Plus even trying to explain will potentially lead to issues of outing their religion, a situation that has caused them issues in the past. Which is going to limit her ability to raise the defense of necessity. Why when this gets resolved are the police going to believe her then?

Her Mom's friend, a lawyer looks into it and says that the charges against her are grand theft auto Why is this grand theft?, arson, reckless endangerment, multiple counts of endangering a minor Eh, maybe for the school evacuation., reckless driving, attempted manslaughter More likely assault.. LOL am I missing any? Lawyer isn't going to decide the charges. That's the police's job. -She believes that if they can prove attempted kidnapping she can get the charges dropped/reduced. You just spent a paragraph telling me why this won't work. Make up your mind. She also finds that the Mom's "known associates file" (Would that be a correct term?) has no mention of the rest of the friends who are hiding the family.

Later in the story, the lawyer tries to convince the MC's Mom to speak to her cop friend. Not likely. What good is this going to do? What is the cop risking her career? Why is the attorney risking disbarment? Before they decide on this several other things happen and the little brother gets kidnapped by the baddies. (They're not going to kill him yet - timing on that is important.) At this point they call the cop friend. (His jurisdiction is in Town B so I want to make sure that he can even negotiate on their behalf. I could alternately make him a State Trooper.) He calls in the FBI and an AMBER ALERT gets issued. The family is questioned. Why would I call the girlfriend? Unless she's the chief of police, I've got better contacts then that. Personally, I'd call the attorney general. Or the police chief. If the attorney is any good, he'll have both of these numbers and will have met with them.

Ultimately the cops will be unable to help, but I'm sure there would still be procedures and that at this point the family would be using any and all methods, including going to the police. The lawyer feels that since the kidnappers are the ones pressing charges/standing witness against her, that she has mitigating circumstances. The police and prosecutor are the ones pressing charges. For some of this, there may be mitigating circumstances, but for others, no. And the fact that she refused to approach the police severely limits the ability to use this as mitigating factors.

Later on, in the sequel, charges are dropped though she "volunteers" to do community service as part of that. As a juvenile, she's eligible for diversion.

So, do I have giant holes that I need to plug? Or terminology I need to fix?

Thanks in advance!

Click to expand...

Re the AMBER Alert, I'm understanding it's SOP to call in the FBI during a missing child case. Am I wrong in this?

Click to expand...

ECathers said:

Okay, trying to figure out how best to make this work. And cleanup any obvious plotholes. I can rework things if needed.

The idea behind the police stuff is 1) To put more pressure on the characters. 2) To keep them from going to the cops since I don't want the book to be a police procedural. The police action is intended as "other scary stuff" that is going on while the MC is dealing with everything else.

This is obviously a good example of why reading detective novels and watching CSI etc does NOT give people a good idea of how this stuff works IRL. TV has to solve a problem in 60 minutes minus commercials. That limitation plays a big part in how the stories are set out.

In real life, things get dealt with with the rest of life. I got appointed to a case where my client is accused of stealing a car. Police sent the rearview mirror to the state labs for fingerprinting. I looked at the material the police sent me for discovery, which included three cops stating they arrested my client in the stolen car (possession of stolen property is nearly as much of a crime as actually stealing it) and my client had a history of car theft. Police offered my client 30 days to plea to the case. He took it, and did his time.

Two months after his release, the crime lab reported that they found his fingerprint on the mirror.

The idea is that the baddies have also taken over the school and potentially part of the police force via magic and glamour. Part of why the legal system might tend to be more lenient once this is over. The "anonymous tips" complaints and media action are coming through from the bad guys who are trying to track/find the MC and her family. But why aren't the police wondering where all these tips are coming from? Tips happen for a reason, and if the case isn't on the news, how do people know about it?

As far as the roadblock, that would take three roadblocks. Two on either end of a somewhat well traveled road, one on the end of an almost never traveled road. Talk to IronMike about the resources a department is going to need to accomplish this, and when they would attempt to set something like this up. You're tying up a lot of resources with even three roadblocks.

Re the lawyer asking the cop for help, this is something that I saw rather regularly during my childhood. Not necessarily involving lawyers, but certainly if there was a problem with the kids doing something bad (though not TOO bad) you consult your friendly neighborhood cop. The thing is as an attorney, you know the higher ups in a department. Even if you don't know them personally, you know how to get them. I wouldn't waste my time with the neighborhood cop. Nor if you're in a relationship with an officer are you going to risk compromising the situation by mixing work and pleasure. Sometimes something goes wrong in these arrangements, and you won't want to stick your friend into a bad situation. Not sure how this would get her disbarred or necessarily get him in trouble as acting as a liason to get someone in trouble to turn themselves in. Which isn't what you said.

Just like the difference between being sixteen and seventeen can involve minutes, the details matter. There's nothing wrong with an attorney acting as a liason for someone turning themselves in. You would not do this with a patrol officer as the patrol officer cannot make binding commitments. For example, I'm helping a client turn themselves into the police for bank robbery. I want to arrange $10,000 cash bail for my client, or I want to insure that my client isn't questioned. I need a police chief or a prosecutor to secure that level of commitment.

Your example was taking mom in to talk to your girlfriend. Here's one potential problem. Girlfriend writes report, and your client says it contains a material fact that is wrong. As an attorney, are you going to be a zealous advocate and wait until your girlfriend is on the stand, in front of a jury, and point out she fucked up in vivid detail? I could go on for a long time with the potential problems.

If someone can explain I'd be grateful.

Re the AMBER Alert, I'm understanding it's SOP to call in the FBI during a missing child case. Am I wrong in this? FBI is only called in when the child is suspected of being transported over state lines, OR very special circumstances are involved. AMBER alerts have a very specific criteria that must be met before they can be activated. The geographic range of an AMBER alert has to be determined based upon the evidence. Most AMBER alerts cover very small areas and rather limited resources.

The MC does not have a driver's lic, and in fact barely knows how to drive. In NY you can get your driver's permit at 16 but aren't allowed to drive without a licensed driver. At 18 you can get a regular lic. (This may have changed in the past few years. Will investigate.) Lacking a license makes car theft more likely as opposed to unauthorized use.

As for "grand theft auto" that's what it was called when I was a kid. (Way before the video game.) Is it called something different now? It's technically "grand theft: auto." Notice the colon. It's designed to make it different from other grand thefts. Not all auto thefts meet the requirements for grand theft, as the value of the car doesn't meet the requirements. Further, stealing a car with the keys in it usually result in a lessor charge then popping the ignition. And finally, there has to be an intention to permanently deprive, as opposed to just "borrow." All of these are factors that the police look at in determining what to charge.

Please understand that I am not attempting to be facetious in any way, just trying to get the facts so that my story isn't completely implausible. This stuff is complicated, and there are books out there to help writers get a handle on this stuff. Doing a ride-along will give you more of an understanding then this forum. And the details are incredibly important.

When New Hampshire's law for juvenile was eighteen, I had a client who broke into a house at 11 PM. (Broken clock helped determine this.) At midnight, he turned eighteen. At 1 AM, he was arrested. Is he a juvenile or an adult? Adult he has a criminal record, juvenile there's nothing the police can do with him. Think that hour makes a difference?

Suggestions on what WOULD actually happen gratefully accepted.

Thanks again!

Click to expand...

ECathers said:

Oh and the lawyer is not determining the charges. She is merely looking into what they are and trying to decide how the family should react. Then say that. This stuff is picky. Also how much info would she know regarding what the police know? Virtually nothing, unless the police are willing to provide it. And that's going to be unlikely, although it can work. But police like to keep their cards hidden and close to the chest.

Click to expand...

ECathers said:

The kid was taken on a college campus. The MC, her sister and two adult friends of the mother were there at the time.

Campus police were befuddled and unhelpful due to a glamour/mind control.

They returned to the house, called the cop friend and he called the FBI.

Click to expand...

ECathers said:

The local cop that the lawyer was friends with wasn't really set as to his rank. I could very easily make him Chief of Police/DA (I realize that which I choose here makes a BIG difference.) Make the police office the Chief of Police. Make her practice primarily in another, neighboring town (look at district courts and you will see what court covers what district). You don't want her handling too many criminal cases where he has an interest. It gets too complicated way too quickly. Police Chief has the ability to call in the FBI.

If someone could give me a clear and concise list of charges that my MC might be charged with, that would be very useful. Thus far I'm getting what she would NOT be charged with but not what the actual charges might be. I assume the lawyer would be aware of this? That's because you have to be an attorney or police officer in New York to know what the specific charges would be. Or sit down with some law books and look them all up.

Going to try to sit down with the cop who lives across the street from me and see if he can help pin this down however as has been pointed out we now live in a major metro area and where in the sticks these exact same crimes might be blown off. He can give you the range of charges and what the differences mean. For instance, I believe NY does assaults by degrees, i.e., first degree assault, second degree assault, but I don't know how the degrees are defined. A police officer has to know this stuff to know how to fill out his or her paperwork. He may be able to give you an idea of what the maximum sentence is, and the likely sentence.

Click to expand...

ECathers said:

<sigh> After several days of researching on the web I'm not getting anywhere.

The cop I know up in NY (where the story happens) I haven't yet managed to get contact info for. (Still friends w his dad, but haven't spoken to him in 40 years.) I assume he's busy doing important police things, so I don't want to hassle him.

The cop I know down here I'm really loathe to bother as the man works crazy hours. Plus if it's Orlando FL law, and that's so very different from NY law, then I'd hate to bother him over something trivial.

Can anyone point me toward a website that actually has factual info on what my character would be charged with? I've been trying but can't get a clear idea.

1) She's 16 yrs old.
2) She "borrows" the keys to the Driver's Ed car.
3) She sets off a fire alarm at an elementary school. (Actually she makes her 10yo sister set it off, but there's no proof of which of them directly does it.)
4) She starts a fire outdoors the elementary school as a diversion.
5) She makes off with the car.
6) On the escape she bumps into someone. Not hard enough to hurt them, but hard enough to make HER nervous.
7) The setting is upstate New York.

Click to expand...

ECathers said:

<sigh> After several days of researching on the web I'm not getting anywhere.

The cop I know up in NY (where the story happens) I haven't yet managed to get contact info for. (Still friends w his dad, but haven't spoken to him in 40 years.) I assume he's busy doing important police things, so I don't want to hassle him.

The cop I know down here I'm really loathe to bother as the man works crazy hours. Plus if it's Orlando FL law, and that's so very different from NY law, then I'd hate to bother him over something trivial.

Can anyone point me toward a website that actually has factual info on what my character would be charged with? I've been trying but can't get a clear idea. Iron Mike's list is probably what I would have suggested. As he points out, take your time. For me to do this would take at least a couple of hours. You're going to take a lot (like ten or more hours) to do this.

1) She's 16 yrs old. Probably charged as a juvenile. But if there are enough aggravating circumstances, she could potentially be charged as an adult.

2) She "borrows" the keys to the Driver's Ed car. Theft by unauthorized taking. But this would probably be incorporated into the car theft.

3) She sets off a fire alarm at an elementary school. (Actually she makes her 10yo sister set it off, but there's no proof of which of them directly does it.) Probably reckless endangerment in either the first or second degree. What's the difference between the two I don't know. But there's some other possibilities.

4) She starts a fire outdoors the elementary school as a diversion. Arson. Which has five degrees. From a misdemeanor to very serious felony. A brush fire is more likely to be a misdemeanor but it depends.

5) She makes off with the car. Unauthorized use of a vehicle, which comes in three degrees. From misdemeanor to felony. Depends upon the value of the car and the circumstances. Could also be grand larceny which has four degrees.

6) On the escape she bumps into someone. Not hard enough to hurt them, but hard enough to make HER nervous. Assault. Comes in three different degrees. Of course, they could also charge her with criminal possession of a dangerous weapon for using the car, which also has a bunch of degrees.

7) The setting is upstate New York. Will probably be more flexible and less gung-ho then NYC.

Click to expand...

Abandonment of a child E Felony

260.00​

Abortion in the first degree D Felony

125.45​

Abortion in the second degree E Felony

125.40​

Absconding from a community treatment facility E Felony

205.19​

Absconding from a furlough program A Misdemeanor

205.18​

Absconding from temporary release in the first degree E Felony

205.17​

Adultery B Misdemeanor

255.17​

Advertisement or sale of unauthorized recordings in the first degree E Felony

275.30​

Advertisement or sale of unauthorized recordings in the second degree A Misdemeanor

275.25​

Aggravated assault upon a person less than eleven years old E Felony

120.12​

Aggravated assault upon a police officer or a peace officer B Violent Felony

120.11​

Aggravated cemetery desecration in the first degree D Felony

145.27​

Aggravated cemetery desecration in the second degree E Felony

145.26​

Aggravated criminal contempt D Felony

215.52​

Aggravated criminal possession of a weapon C Felony

265.19​

Aggravated criminally negligent homicide C Violent Felony

125.11​

Aggravated enterprise corruption A-1 Felony

460.22​

Aggravated family offense E Felony

240.75​

Aggravated grand larceny of an automated teller machine C Felony

155.43​

Aggravated harassment in the first degree E Felony

240.31​

Aggravated harassment in the second degree A Misdemeanor

240.30​

Aggravated harassment of an employee by an inmate E Felony

240.32​

Aggravated identity theft D Felony

190.80-a​

Aggravated insurance fraud D Felony

176.35​

Aggravated interference with health care services in the first degree E Felony

240.73​

Aggravated interference with health care services in the second degree E Felony

240.72​

Aggravated manslaughter in the first degree B Violent Felony

125.22​

Aggravated manslaughter in the second degree C Violent Felony

125.21​

Aggravated murder A-I Felony

125.26​

Aggravated sexual abuse in the first degree B Violent Felony

130.70​

Aggravated sexual abuse in the fourth degree E Violent Felony

130.65-a​

Aggravated sexual abuse in the second degree C Violent Felony

130.67​

Aggravated sexual abuse in the third degree D Violent Felony

130.66​

Aggravated unpermitted use of indoor pyrotechnics in the first degree D Violent Felony

405.18​

Aggravated unpermitted use of indoor pyrotechnics in the second degree E Felony

405.16​

Aggravated vehicular assault C Felony

120.04-a​

Aggravated vehicular homicide B Felony

125.14​

Appearance in public under the influence of narcotics or a drug other than alcohol Violation

240.40​

Arson in the fifth degree A Misdemeanor

150.01​

Arson in the first degree A-I Felony

150.20​

Arson in the fourth degree E Felony

150.05​

Arson in the second degree B Violent Felony

150.15​

Arson in the third degree C Felony

150.10​

Assault in the first degree B Violent Felony

120.10​

Assault in the second degree D Violent Felony

120.05​

Assault in the third degree A Misdemeanor

120.00​

Assault on a judge C Violent Felony

120.09​

Assault on a peace officer police officer fireman or emergency medical services professional C Violent Felony

120.08​

Auto stripping in the first degree D Felony

165.11​

Auto stripping in the second degree E Felony

165.10​

Auto stripping in the third degree A Misdemeanor

165.09​

Bail jumping in the first degree D Felony

215.57​

Bail jumping in the second degree E Felony

215.56​

Bail jumping in the third degree A Misdemeanor

215.55​

Bigamy E Felony

255.15​

Bribe giving for public office D Felony

200.45​

Bribe receiving by a juror D Felony

215.20​

Bribe receiving by a labor official D Felony

180.25​

Bribe receiving by a witness D Felony

215.05​

Bribe receiving for public office D Felony

200.50​

Bribe receiving in the first degree B Felony

200.12​

Bribe receiving in the second degree C Felony

200.11​

Bribe receiving in the third degree D Felony

200.10​

Bribery in the first degree B Felony

200.04​

Bribery in the second degree C Felony

200.03​

Bribery in the third degree D Felony

200.00​

Bribing a juror D Felony

215.19​

Bribing a labor official D Felony

180.15​

Burglary in the first degree B Violent Felony

140.30​

Burglary in the second degree C Violent Felony

140.25​

Burglary in the third degree D Felony

140.20​

Burn injury and wounds to be reported A Misdemeanor

265.26​

Cemetery desecration in the first degree E Felony

145.23​

Cemetery desecration in the second degree A Misdemeanor

145.22​

Certain wounds to be reported A Misdemeanor

265.25​

Coercion in the first degree D Felony

135.36​

Coercion in the second degree A Misdemeanor

135.60​

Commercial bribe receiving in the first degree E Felony

180.08​

Commercial bribe receiving in the second degree A Misdemeanor

180.05​

Commercial bribing in the first degree E Felony

180.03​

Commercial bribing in the second degree A Misdemeanor

180.00​

Compelling prostitution B Felony

230.33​

Compounding a crime A Misdemeanor

215.45​

Computer tampering in the first degree C Felony

156.27​

Computer tampering in the fourth degree A Misdemeanor

156.20​

Computer tampering in the second degree D Felony

156.26​

Computer tampering in the third degree E Felony

156.25​

Computer trespass E Felony

156.10​

Conspiracy in the fifth degree A Misdemeanor

105.05​

Conspiracy in the first degree A-I Felony

105.17​

Conspiracy in the fourth degree E Felony

105.10​

Conspiracy in the second degree B Felony

105.15​

Conspiracy in the sixth degree B Misdemeanor

105.00​

Conspiracy in the third degree D Felony

105.13​

Course of sexual conduct against a child in the first degree B Violent Felony

130.75​

Course of sexual conduct against a child in the second degree D Violent Felony

130.80​

Creating a hazard B Misdemeanor

270.10​

Crime of terrorism A-I Felony

490.25​

Criminal possession of methamphetamine manufacturing material in the second degree A Misdemeanor

220.70​

Criminal anarchy E Felony

240.15​

Criminal contempt in the first degree E Felony

215.51​

Criminal contempt in the second degree A Misdemeanor

215.50​

Criminal contempt of a temporary state commission A Misdemeanor

215.65​

Criminal contempt of the legislature A Misdemeanor

215.60​

Criminal contempt of the state commission on judicial conduct A Misdemeanor

215.66​

Criminal diversion of prescription medications and prescriptions in the first degree C Felony

178.25​

Criminal diversion of prescription medications and prescriptions in the fourth degree A Misdemeanor

178.10​

Criminal diversion of prescription medications and prescriptions in the third degree E Felony

178.15​

Criminal facilitation in the first degree B Felony

115.08​

Criminal facilitation in the fourth degree A Misdemeanor

115.00​

Criminal facilitation in the second degree C Felony

115.05​

Criminal facilitation in the third degree E Felony

115.01​

Criminal impersonation in the first degree E Felony

190.26​

Criminal impersonation in the second degree A Misdemeanor

190.25​

Criminal injection of a narcotic drug E Felony

220.46​

Criminal interference with health care services or religious worship in the first degree E Felony

240.71​

Criminal interference with health care services or religious worship in the second degree A Misdemeanor

240.70​

Criminal mischief in the first degree B Felony

145.12​

Criminal mischief in the fourth degree A Misdemeanor

145.00​

Criminal mischief in the second degree D Felony

145.10​

Criminal mischief in the third degree E Felony

145.05​

Criminal nuisance in the first degree E Felony

240.46​

Criminal nuisance in the second degree B Misdemeanor

240.45​

Criminal obstruction of breathing or blood circulation A Misdemeanor

121.11​

Criminal possession of methamphetamine manufacturing material in the first degree E Felony

220.71​

Criminal possession of a chemical weapon or biological weapon in the first degree A-I Felony

490.45​

Criminal possession of a chemical weapon or biological weapon in the second degree B Violent Felony

490.40​

Criminal possession of a chemical weapon or biological weapon in the third degree C Violent Felony

490.37​

Criminal possession of a controlled substance in the fifth degree D Felony

220.06​

Criminal possession of a controlled substance in the first degree A-I Felony

220.21​

Criminal possession of a controlled substance in the fourth degree C Felony

220.09​

Criminal possession of a controlled substance in the second degree A-II Felony

220.18​

Criminal possession of a controlled substance in the seventh degree A Misdemeanor

220.03​

Criminal possession of a controlled substance in the third degree B Felony

220.16​

Criminal possession of a firearm E Felony

265.01B​

Criminal possession of a forged instrument in the first degree C Felony

170.30​

Criminal possession of a forged instrument in the second degree D Felony

170.25​

Criminal possession of a forged instrument in the third degree A Misdemeanor

170.20​

Criminal possession of a taximeter accelerating device A Misdemeanor

145.70​

Criminal possession of a weapon in the first degree B Violent Felony

265.04​

Criminal possession of a weapon in the fourth degree A Misdemeanor

265.01​

Criminal possession of a weapon in the second degree C Violent Felony

265.03​

Criminal possession of a weapon in the third degree D Violent Felony

265.02​

Criminal possession of a weapon on school grounds E Felony

265.01A​

Criminal possession of an anti-security item B Misdemeanor

170.47​

Criminal possession of computer related material E Felony

156.35​

Criminal possession of forgery devices D Felony

170.40​

Criminal possession of marihuana in the fifth degree B Misdemeanor

221.10​

Criminal possession of marihuana in the first degree C Felony

221.30​

Criminal possession of marihuana in the fourth degree A Misdemeanor

221.15​

Criminal possession of marihuana in the second degree D Felony

221.25​

Criminal possession of marihuana in the third degree E Felony

221.20​

Criminal possession of precursors of controlled substances E Felony

220.60​

Criminal possession of precursors of methamphetamine E Felony

220.72​

Criminal possession of public benefit cards in the first degree C Felony

158.50​

Criminal possession of public benefit cards in the second degree D Felony

158.45​

Criminal possession of public benefit cards in the third degree E Felony

158.40​

Criminal possession of stolen property in the fifth degree A Misdemeanor

165.40​

Criminal possession of stolen property in the first degree B Felony

165.54​

Criminal possession of stolen property in the fourth degree E Felony

165.45​

Criminal possession of stolen property in the second degree C Felony

165.52​

Criminal possession of stolen property in the third degree D Felony

165.50​

Criminal purchase or disposal of a weapon D Felony

265.17​

Criminal sale of a controlled substance in or near school grounds B Felony

220.44​

Criminal sale of a controlled substance in the fifth degree D Felony

220.31​

Criminal sale of a controlled substance in the first degree A-I Felony

220.43​

Criminal sale of a controlled substance in the fourth degree C Felony

220.34​

Criminal sale of a controlled substance in the second degree A-II Felony

220.41​

Criminal sale of a controlled substance in the third degree B Felony

220.39​

Criminal sale of a controlled substance to a child B Felony

220.48​

Criminal sale of a firearm in the first degree B Violent Felony

265.13​

Criminal sale of a firearm in the second degree C Violent Felony

265.12​

Criminal sale of a firearm in the third degree D Violent Felony

265.11​

Criminal sale of a firearm to a minor C Felony

265.16​

Criminal sale of a firearm with the aid of a minor C Violent Felony

265.14​

Criminal sale of a police uniform A Misdemeanor

190.27​

Criminal sale of a prescription for a controlled substance C Felony

220.65​

Criminal sale of marihuana in the fifth degree B Misdemeanor

221.35​

Criminal sale of marihuana in the first degree C Felony

221.55​

Criminal sale of marihuana in the fourth degree A Misdemeanor

221.40​

Criminal sale of marihuana in the second degree D Felony

221.50​

Criminal sale of marihuana in the third degree E Felony

221.45​

Criminal sexual act in the first degree B Violent Felony

130.50​

Criminal sexual act in the second degree D Violent Felony

130.45​

Criminal sexual act in the third degree E Felony

130.40​

Criminal simulation A Misdemeanor

170.45​

Criminal solicitation in the fifth degree Violation

100.00​

Criminal solicitation in the first degree C Felony

100.13​

Criminal solicitation in the fourth degree A Misdemeanor

100.05​

Criminal solicitation in the second degree D Felony

100.10​

Criminal solicitation in the third degree E Felony

100.08​

Criminal tampering in the first degree D Felony

145.20​

Criminal tampering in the second degree A Misdemeanor

145.15​

Criminal tampering in the third degree B Misdemeanor

145.14​

Criminal trespass in the first degree D Felony

140.17​

Criminal trespass in the second degree A Misdemeanor

140.15​

Criminal trespass in the third degree B Misdemeanor

140.10​

Criminal use of a chemical weapon or biological weapon in the first degree A-I Felony

490.55​

Criminal use of a chemical weapon or biological weapon in the second degree A-II Felony

490.50​

Criminal use of a chemical weapon or biological weapon in the third degree B Violent Felony

490.47​

Criminal use of a firearm in the first degree B Violent Felony

265.09​

Criminal use of a firearm in the second degree C Violent Felony

265.08​

Criminal use of a public benefit card in the first degree E Felony

158.35​

Criminal use of a public benefit card in the second degree A Misdemeanor

158.30​

Criminal use of an access device in the first degree E Felony

190.76​

Criminal use of an access device in the second degree A Misdemeanor

190.75​

Criminal usury in the first degree C Felony

190.42​

Criminally negligent homicide E Felony

125.10​

Criminally possessing a hypodermic instrument A Misdemeanor

220.45​

Criminally using drug paraphernalia in the first degree D Felony

220.55​

Criminally using drug paraphernalia in the second degree A Misdemeanor

220.50​

Custodial interference in the first degree E Felony

135.50​

Custodial interference in the second degree A Misdemeanor

135.45​

Defrauding the government E Felony

195.20​

Disorderly conduct Violation

240.20​

Disruption or disturbance of religious service A Misdemeanor

240.21​

Disseminating a false registered sex offender notice A Misdemeanor

240.48​

Disseminating indecent material to minors in the first degree D Felony

235.22​

Disseminating indecent material to minors in the second degree E Felony

235.21​

Dissemination of an unlawful surveillance image in the first degree E Felony

250.60​

Dissemination of an unlawful surveillance image in the second degree A Misdemeanor

250.55​

Divulging an eavesdropping warrant A Misdemeanor

250.20​

Eavesdropping E Felony

250.05​

Employer unlawfully penalizing witness or victim B Misdemeanor

215.14​

Endangering the welfare of a child A Misdemeanor

260.10​

Endangering the welfare of a vulnerable elderly person in the first degree D Felony

260.34​

Endangering the welfare of a vulnerable elderly person in the second degree E Felony

260.32​

Endangering the welfare of an incompetent or physically disabled person A Misdemeanor

260.25​

Enterprise corruption B Felony

460.20​

Escape in the first degree D Felony

205.15​

Escape in the second degree E Felony

205.10​

Escape in the third degree A Misdemeanor

205.05​

Exposure of a person Violation

245.01​

Facilitating a sex offense with a controlled substance D Violent Felony

130.90​

Facilitating a sexual performance by a child with a controlled substance or alcohol B Felony

263.30​

Failing to report criminal communications B Misdemeanor

250.35​

Failing to respond to an appearance ticket Violation

215.58​

Failure to disclose the origin of a recording in the first degree E Felony

275.40​

Failure to disclose the origin of a recording in the second degree A Misdemeanor

275.35​

Failure to report wiretapping B Misdemeanor

250.15​

False advertising A Misdemeanor

190.20​

False personation B Misdemeanor

190.23​

Falsely reporting an incident in the first degree D Violent Felony

240.60​

Falsely reporting an incident in the second degree E Violent Felony

240.55​

Falsely reporting an incident in the third degree A Misdemeanor

240.50​

Falsifying business records in the first degree E Felony

175.10​

Falsifying business records in the second degree A Misdemeanor

175.05​

Female genital mutilation E Felony

130.85​

Forcible touching A Misdemeanor

130.52​

Forgery in the first degree C Felony

170.15​

Forgery in the second degree D Felony

170.10​

Forgery in the third degree A Misdemeanor

170.05​

Forgery of a vehicle identification number E Felony

170.65​

Fortune telling B Misdemeanor

165.35​

Fraud in insolvency A Misdemeanor

185.00​

Fraud involving a security interest A Misdemeanor

185.05​

Fraudulent accosting A Misdemeanor

165.30​

Fraudulent disposition of mortgaged property A Misdemeanor

185.10​

Fraudulent disposition of property subject to a conditional sale contract A Misdemeanor

185.15​

Fraudulent making of an electronic access device in the second degree D Felony

170.75​

Fraudulently obtaining a signature A Misdemeanor

165.20​

Gang assault in the first degree B Violent Felony

120.07​

Gang assault in the second degree C Violent Felony

120.06​

Giving unlawful gratuities A Misdemeanor

200.30​

Grand larceny in the first degree B Felony

155.42​

Grand larceny in the fourth degree E Felony

155.30​

Grand larceny in the second degree C Felony

155.40​

Grand larceny in the third degree D Felony

155.35​

Harassment in the first degree B Misdemeanor

240.25​

Harassment in the second degree Violation

240.26​

Harassment of a rent regulated tenant E Felony

241.05​

Harming a service animal in the first degree E Felony

242.15​

Harming a service animal in the second degree A Misdemeanor

242.10​

Harming an animal trained to aid a person with a disability in the first degree A Misdemeanor

195.12​

Harming an animal trained to aid a person with a disability in the second degree B Misdemeanor

195.11​

Hazing in the first degree A Misdemeanor

120.16​

Hazing in the second degree Violation

120.17​

Health care fraud in the fifth degree A Misdemeanor

177.05​

Health care fraud in the first degree B Felony

177.25​

Health care fraud in the fourth degree E Felony

177.10​

Health care fraud in the second degree C Felony

177.20​

Health care fraud in the third degree D Felony

177.15​

Hindering prosecution in the first degree D Felony

205.65​

Hindering prosecution in the second degree E Felony

205.60​

Hindering prosecution in the third degree A Misdemeanor

205.55​

Hindering prosecution of terrorism in the first degree B Violent Felony

490.35​

Hindering prosecution of terrorism in the second degree C Violent Felony

490.30​

Identity theft in the first degree D Felony

190.80​

Identity theft in the second degree E Felony

190.79​

Identity theft in the third degree A Misdemeanor

190.78​

Illegal possession of a vehicle identification number E Felony

170.70​

Impairing the integrity of a government licensing examination D Felony

200.55​

Impairing the integrity of a pari-mutuel betting system in the second degree E Felony

180.52​

Incest in the first degree B Violent Felony

255.27​

Incest in the second degree D Felony

255.26​

Incest in the third degree E Felony

255.25​

Inciting to riot A Misdemeanor

240.08​

Insurance fraud in the fifth degree A Misdemeanor

176.10​

Insurance fraud in the first degree B Felony

176.30​

Insurance fraud in the fourth degree E Felony

176.15​

Insurance fraud in the second degree C Felony

176.25​

Insurance fraud in the third degree D Felony

176.20​

Interference harassment or intimidation of a service animal B Misdemeanor

242.05​

Intimidating a victim or witness in the first degree B Violent Felony

215.17​

Intimidating a victim or witness in the second degree D Violent Felony

215.16​

Intimidating a victim or witness in the third degree E Felony

215.15​

Issuing a bad check B Misdemeanor

190.05​

Issuing a false certificate E Felony

175.40​

Issuing a false financial statement A Misdemeanor

175.45​

Issuing abortional articles B Misdemeanor

125.60​

Jostling A Misdemeanor

165.25​

Kidnapping in the first degree A-I Felony

135.25​

Kidnapping in the second degree B Violent Felony

135.20​

Killing or injuring a police animal A Misdemeanor

195.06​

Labor trafficking D Felony

135.35​

Licenses to carry possess repair and dispose of firearms A Misdemeanor

400.00(15)​

Life settlement fraud in the fifth degree A Misdemeanor

176.45​

Life settlement fraud in the first degree B Felony

176.65​

Life settlement fraud in the fourth degree E Felony

176.50​

Life settlement fraud in the second degree C Felony

176.60​

Loitering Violation

240.35​

Loitering for the purpose of engaging in a prostitution offense A Misdemeanor

240.37(3)​

Loitering for the purpose of engaging in a prostitution offense Violation

240.37(2)​

Loitering for the purpose of engaging in a prostitution offense (previous conviction of 230.00 or 230.05) B Misdemeanor

240.37(2)​

Loitering in the first degree B Misdemeanor

240.36​

Luring a child E Felony

120.70​

Making a false statement of credit terms A Misdemeanor

190.55​

Making a punishable false written statement A Misdemeanor

210.45​

Making a terroristic threat D Violent Felony

490.20​

Making an apparently sworn false statement in the first degree E Felony

210.40​

Making an apparently sworn false statement in the second degree A Misdemeanor

210.35​

Making graffiti A Misdemeanor

145.60​

Manslaughter in the first degree B Violent Felony

125.20​

Manslaughter in the second degree C Felony

125.15​

Manufacture of unauthorized recordings in the first degree E Felony

275.10​

Manufacture of unauthorized recordings in the second degree A Misdemeanor

275.05​

Manufacture or sale of an unauthorized recording of a performance in the first degree E Felony

275.20​

Manufacture or sale of an unauthorized recording of a performance in the second degree A Misdemeanor

275.15​

Manufacture transport disposition and defacement of weapons and dangerous instruments and appliances A Misdemeanor

265.10​

Menacing a police officer or peace officer D Violent Felony

120.18​

Menacing in the first degree E Felony

120.13​

Menacing in the second degree A Misdemeanor

120.14​

Menacing in the third degree B Misdemeanor

120.15​

Misapplication of property A Misdemeanor

165.00​

Misconduct by a juror in the first degree A Misdemeanor

215.30​

Misconduct by a juror in the second degree Violation

215.28​

Misconduct by corporate official B Misdemeanor

190.35​

Misrepresentation by a child day care provider A Misdemeanor

260.31​

Money laundering in support of terrorism in the first degree B Felony

470.24​

Money laundering in support of terrorism in the fourth degree E Felony

470.21​

Money laundering in support of terrorism in the second degree C Felony

470.23​

Money laundering in support of terrorism in the third degree D Felony

470.22​

Money laundering in the first degree B Felony

470.20​

Money laundering in the fourth degree E Felony

470.05​

Money laundering in the second degree C Felony

470.15​

Money laundering in the third degree D Felony

470.10​

Murder in the first degree A-I Felony

125.27​

Murder in the second degree A-I Felony

125.25​

Non-support of a child in the first degree E Felony

260.06​

Non-support of a child in the second degree A Misdemeanor

260.05​

Obscenity in the first degree D Felony

235.07​

Obscenity in the second degree E Felony

235.06​

Obscenity in the third degree A Misdemeanor

235.05​

Obstructing emergency medical services A Misdemeanor

195.16​

Obstructing governmental administration by means of a self-defense spray device D Felony

195.08​

Obstructing governmental administration in the second degree A Misdemeanor

195.05​

Obstruction of governmental duties by means of a bomb destructive device explosive or hazardous substance D Felony

195.17​

Offensive exhibition Violation

245.05​

Offering a false instrument for filing in the first degree E Felony

175.35​

Offering a false instrument for filing in the second degree A Misdemeanor

175.30​

Official misconduct A Misdemeanor

195.00​

Operating as a major trafficker A-I Felony

220.77​

Patronizing a prostitute in the first degree D Felony

230.06​

Patronizing a prostitute in the second degree E Felony

230.05​

Patronizing a prostitute in the third degree A Misdemeanor

230.04​

Perjury in the first degree D Felony

210.15​

Perjury in the second degree E Felony

210.10​

Perjury in the third degree A Misdemeanor

210.05​

Permitting prostitution B Misdemeanor

230.40​

Persistent sexual abuse E Violent Felony

130.53​

Petit larceny A Misdemeanor

155.25​

Placing a false bomb or hazardous substance in a sports stadium or arena mass transportation facility or enclosed shopping mall D Violent Felony

240.63​

Placing a false bomb or hazardous substance in the first degree D Violent Felony

240.62​

Placing a false bomb or hazardous substance in the second degree E Violent Felony

240.61​

Possessing a sexual performance by a child E Felony

263.16​

Possessing an obscene sexual performance by a child E Felony

263.11​

Possession of a gambling device A Misdemeanor

225.30​

Possession of burglar`s tools A Misdemeanor

140.35​

Possession of eavesdropping devices A Misdemeanor

250.10​

Possession of gambling records in the first degree E Felony

225.20​

Possession of gambling records in the second degree A Misdemeanor

225.15​

Possession of graffiti instruments B Misdemeanor

145.65​

Possession of usurious loan records A Misdemeanor

190.45​

Predatory sexual assault A-II Felony

190.95​

Predatory sexual assault against a child. A-II Felony

130.96​

Prohibited use of weapons A Misdemeanor

265.35​

Promoting a sexual performance by a child D Felony

263.15​

Promoting a suicide attempt E Felony

120.30​

Promoting an obscene sexual performance by a child D Felony

263.10​

Promoting gambling in the first degree E Felony

225.10​

Promoting gambling in the second degree A Misdemeanor

225.05​

Promoting prison contraband in the first degree D Felony

205.25​

Promoting prison contraband in the second degree A Misdemeanor

205.20​

Promoting prostitution in a school zone E Felony

230.19​

Promoting prostitution in the first degree B Felony

230.32​

Promoting prostitution in the fourth degree A Misdemeanor

230.20​

Promoting prostitution in the second degree C Felony

230.30​

Promoting prostitution in the third degree D Felony

230.25​

Promoting the exposure of a person Violation

245.02​

Prostitution B Misdemeanor

230.00​

Prostitution in a school zone A Misdemeanor

230.03​

Providing a juror with a gratuity A Misdemeanor

215.22​

Public display of offensive sexual material A Misdemeanor

245.11​

Public lewdness B Misdemeanor

245.00​

Rape in the first degree B Violent Felony

130.35​

Rape in the second degree D Violent Felony

130.30​

Rape in the third degree E Felony

130.25​

Receiving reward for official misconduct in the first degree C Felony

200.27​

Receiving reward for official misconduct in the second degree E Felony

200.25​

Receiving unlawful gratuities A Misdemeanor

200.35​

Reckless assault of a child D Violent Felony

120.02​

Reckless assault of a child by a child day care provider E Felony

120.01​

Reckless endangerment in the first degree D Felony

120.25​

Reckless endangerment in the second degree A Misdemeanor

120.20​

Reckless endangerment of property B Misdemeanor

145.25​

Refusing to aid a peace or a police officer B Misdemeanor

195.10​

Rent gouging in the first degree E Felony

180.57​

Rent gouging in the second degree A Misdemeanor

180.56​

Rent gouging in the third degree B Misdemeanor

180.55​

Residential mortgage fraud in the fifth degree A Misdemeanor

187.05​

Residential mortgage fraud in the first degree B Felony

187.25​

Residential mortgage fraud in the fourth degree E Felony

187.10​

Residential mortgage fraud in the second degree C Felony

187.20​

Residential mortgage fraud in the third degree D Felony

187.15​

Rewarding official misconduct in the first degree C Felony

200.22​

Rewarding official misconduct in the second degree E Felony

200.20​

Riot in the first degree E Felony

240.06​

Riot in the second degree A Misdemeanor

240.05​

Robbery in the first degree B Violent Felony

160.15​

Robbery in the second degree C Violent Felony

160.10​

Robbery in the third degree D Felony

160.05​

Safe storage of rifles, shotguns, and firearms A Misdemeanor

265.45​

Scheme to defraud in the first degree E Felony

190.65​

Scheme to defraud in the second degree A Misdemeanor

190.60​

Scheme to defraud the state by unlawfully selling prescriptions A Misdemeanor

190.70​

Self-abortion in the first degree A Misdemeanor

125.55​

Self-abortion in the second degree B Misdemeanor

125.50​

Sellers of ammunition Violation

400.03​

Sexual abuse in the first degree D Violent Felony

130.65​

Sexual abuse in the second degree A Misdemeanor

130.60​

Sexual abuse in the third degree B Misdemeanor

130.55​

Sexual misconduct A Misdemeanor

130.20​

Soliciting or providing support for an act of terrorism in the first degree C Violent Felony

490.15​

Soliciting or providing support for an act of terrorism in the second degree D Violent Felony

490.10​

Sports bribe receiving E Felony

180.45​

Stalking in the first degree D Violent Felony

120.60​

Stalking in the fourth degree B Misdemeanor

120.45​

Stalking in the second degree E Felony

120.55​

Stalking in the third degree A Misdemeanor

120.50​

Strangulation in the first degree C Violent Felony

120.13​

Strangulation in the second degree D Violent Felony

121.12​

Substitution of children E Felony

135.55​

Tampering with a consumer product in the first degree E Felony

145.45​

Tampering with a consumer product in the second degree A Misdemeanor

145.40​

Tampering with a juror in the first degree A Misdemeanor

215.25​

Tampering with a juror in the second degree B Misdemeanor

215.23​

Tampering with a sports contest in the first degree E Felony

180.51​

Tampering with a sports contest in the second degree A Misdemeanor

180.50​

Tampering with a witness in the first degree B Felony

215.13​

Tampering with a witness in the fourth degree A Misdemeanor

215.10​

Tampering with a witness in the second degree D Felony

215.12​

Tampering with a witness in the third degree E Felony

215.11​

Tampering with physical evidence E Felony

215.40​

Tampering with private communications B Misdemeanor

250.25​

Tampering with public records in the first degree D Felony

175.25​

Tampering with public records in the second degree A Misdemeanor

175.20​

Theft of services A Misdemeanor

165.15​

Trademark counterfeiting in the second degree E Felony

165.72​

Trademark counterfeiting in the third degree A Misdemeanor

165.71​

Trespass Violation

140.05​

Unauthorized operation of a recording device in a motion picture or live theater in the first degree E Felony

275.34​

Unauthorized operation of a recording device in a motion picture or live theater in the second degree A Misdemeanor

275.33​

Unauthorized radio transmission A Misdemeanor

190.72​

Unauthorized sale of certain transportation services B Misdemeanor

165.16​

Unauthorized use of a computer A Misdemeanor

156.05​

Unauthorized use of a vehicle in the first degree D Felony

165.08​

Unauthorized use of a vehicle in the second degree E Felony

165.06​

Unauthorized use of a vehicle in the third degree A Misdemeanor

165.05​

Unlawful possession of a large capacity ammunition feeding A Misdemeanor

265.36​

Unlawful assembly B Misdemeanor

240.10​

Unlawful collection practices B Misdemeanor

190.50​

Unlawful disclosure of an indictment B Misdemeanor

215.75​

Unlawful disposal of methamphetamine laboratory material E Felony

220.76​

Unlawful disposition of assets subject to forfeiture A Misdemeanor

215.80​

Unlawful duplication of computer related material in the first degree E Felony

156.30​

Unlawful duplication of computer related material in the second degree B Misdemeanor

156.29​

Unlawful fleeing a police officer in a motor vehicle in the first degree D Felony

270.35​

Unlawful fleeing a police officer in a motor vehicle in the second degree E Felony

270.30​

Unlawful fleeing a police officer in a motor vehicle in the third degree A Misdemeanor

270.25​

Unlawful grand jury disclosure E Felony

215.70​

Unlawful imprisonment in the first degree E Felony

135.10​

Unlawful imprisonment in the second degree A Misdemeanor

135.05​

Unlawful manufacture of methamphetamine in the first degree B Felony

220.75​

Unlawful manufacture of methamphetamine in the second degree C Felony

220.74​

Unlawful manufacture of methamphetamine in the third degree D Felony

220.73​

Unlawful possession of a skimmer device in the first degree E Felony

190.86​

Unlawful possession of a skimmer device in the second degree A Misdemeanor

190.85​

Unlawful possession of certain ammunition feeding devices B Misdemeanor

265.37​

Unlawful possession of marihuana Violation

221.05​

Unlawful possession of personal identification information in the first degree D Felony

190.83​

Unlawful possession of personal identification information in the second degree E Felony

190.82​

Unlawful possession of personal identification information in the third degree A Misdemeanor

190.81​

Unlawful possession of radio devices B Misdemeanor

140.40​

Unlawful prevention of public access to rec Violation

240.65​

Unlawful surveillance in the first degree D Felony

250.50​

Unlawful surveillance in the second degree E Felony

250.45​

Unlawful use of credit card debit card or public benefit card A Misdemeanor

165.17​

Unlawful use of secret scientific material E Felony

165.07​

Unlawful wearing of a body vest E Felony

270.20​

Unlawfully concealing a will E Felony

190.30​

Unlawfully dealing with a child in the first degree A Misdemeanor

260.20​

Unlawfully dealing with a child in the second degree B Misdemeanor

260.21​

Unlawfully dealing with fireworks and dangerous fireworks E Felony

270.00(2biii)​

Unlawfully dealing with fireworks and dangerous fireworks A Misdemeanor

270.00(2aii)​

Unlawfully dealing with fireworks and dangerous fireworks B Misdemeanor

270.00(2a,5)​

Unlawfully issuing a dissolution decree A Misdemeanor

255.05​

Unlawfully possessing or selling noxious material B Misdemeanor

270.05​

Unlawfully posting advertisements Violation

145.30​

Unlawfully procuring a marriage license A Misdemeanor

255.10​

Unlawfully refusing to yield a party line B Misdemeanor

270.15​

Unlawfully solemnizing a marriage A Misdemeanor

255.00​

Unlawfully using slugs in the first degree E Felony

170.60​

Unlawfully using slugs in the second degree B Misdemeanor

170.55​

Unpermitted use of indoor pyrotechnics in the second degree A Misdemeanor

405.12​

Use of a child in a sexual performance C Felony

263.05​

Use of a child to commit a controlled substance offense E Felony

220.28​

Vehicular assault in the first degree D Felony

120.04​

Vehicular assault in the second degree E Felony

120.03​

Vehicular manslaughter in the first degree C Felony

125.13​

Vehicular manslaughter in the second degree D Felony

125.12​

Welfare fraud in the fifth degree A Misdemeanor

158.05​

Welfare fraud in the first degree B Felony

158.25​

Welfare fraud in the fourth degree E Felony

158.10​

Welfare fraud in the second degree C Felony

158.20​

Welfare fraud in the third degree D Felony

158.15​

Click to expand...

ECathers said:

Thanks to all your help and a few more grueling days of research I've made some adjustments to my story.

The charges:
"Okay, first off, I got a list of the possible charges against Willa," Demeter said. "I'll give you the lay person's version. All the degrees and technicalities will just get you confused. And no freaking out Hailey, all this can be negotiated when--make that if--we go to court. Anyhow, we've got grand larceny, arson, reckless endangerment, multiple counts of endangering the welfare of a child, reckless driving, assault..."She laughed. "Baby girl, when you do it, you do it good." You don't make promises to clients in criminal cases. Never ever. Remember she's a juvenile and not an adult. Maximum damage here is really not that bad. If this is her first offense, the most likely result would be a juvie home until she turns 18.

Would a lawyer be able to dumb it down that much? You don't really want to know how much you have to dumb this down for some defendants. Especially juvie virgins. A kid who's fifteen, never been in trouble, and an IQ of borderline 70 is a frequent client type. Is there any legal jargon I should include? Not unless she's the type of attorney who wants to baffle her client.

I've also determined that:

The lawyer's love interest/contact is the Kingston, NY Chief of Police.

Roadblocks: When these happen, the lawyer asks, "for a juvenile? Really?" and also points out how much roadblocks and a house to house questioning will cost the taxpayer and how unlikely this is. Another character says that New Paltz NY (where it happens) is roadblock crazy. (I've observed this as true during my past years of living there and just managed to get that confirmed/agreed with by my elderly NYPD friend who now lives there.) This sets up the possibility that the NPPD is being mind controlled by the bad guys. Remember that a roadblock for inspection checks is a revenue maker for police. Depending upon how ticket revenue is allocated, a police department can makes some serious money this way.

Incidentally, one of the reasons I'm not just walking down to the PD and asking questions is because I no longer live in the same state. Any info I get re NY is being routed to me 3rd party. I'm a little leery of just calling up NPPD and asking, "hey if you people majorly screwed up...?" If you think the NPPD would be good with this, PLEASE let me know. I'm going to assume they don't have a unit hanging around to answer stupid questions from writers. Actually, NYPD has a unit for Television and Movie unit. I assume they'd also help novelists. However, NYPD is going to be an entirely different animal then an upstate police department.

Why after the kidnapping they don't just call the cops themselves? 1)Panic 2) No cell phone available. It would be out of character for the folks involved to have one. 3) Their emergency HQ is only minutes away and why not just go back there and call in the lawyer's friend first, especially if the local PD and campus PD aren't entirely trusted.

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ECathers said:

Okay, the other things I've figured out: 1) In NY AMBER alert seems to go through State Police (not the DA). I think. It would start with the local department calling the state police. Unless a crime is ultra serious, like murder, DA's are not involved until after the arrest. 2) The child is eligible for AMBER status.

The lawyer is trying to arrange the MC turning herself in via the help of the Kingston Chief of Police. Is there a problem with this? Normal part of the job.

Now the really challenging stuff: How do I keep my MC out of jail? Remember that she is a juvenile. The preference in the juvenile system is to keep a child in their home, especially if sufficient protections can be built into her home detention to keep her out of trouble.

1) The plot is on a timer so I can't afford for the MC to go to court, be arraigned, post bail and be released unless that could happen within an hour or two. Is that possible if the lawyer set that up ahead of time? Already pre-posted bail?. Possibly set up an appointment for the arraignment hearing? The challenge here is that the MC has been lost in the woods for 3 days and the lawyer didn't know when she'd be found unless the arraignment hearing just coincidentally had been set up meanwhile and coincided with her return. Juveniles do not receive bail. Juveniles are either returned home, placed in a temporary group home, or juvenile detention. Juveniles can be returned to their home without going to court if the police wish that to happen. (Just like adults can be released with a summons and no court appearance.)

How gung--ho are the police here? How much do they want her locked away? Answer those questions, and I can give you an approach to make this happen.

Since that seems to be the body who deals with kidnappings, would the State Police (BCI) be willing to ignore an arrest warrant for the MC at least long enough (2 days) for the rest of the plot to play out, especially if weirdness with the local police department gave them some questions? If she's suspected of the kidnapping, there is no way they'd wait. If she's not connected with the kidnapping, what does the kidnapping have to do with her being detained? Until a local police department issues a juvenile petition and file it in the system, the only department that would know about the petition is the originating department and maybe not even every officer would know.

However, if they're going to do roadblocks and stuff like that there's no way the police could delay the detention of her.

Could the lawyer negotiate 3-4 days to turn her client in based on the fact that her client is also a witness to the kidnapping of a small (3 1/2 yr old) child? Ignoring the roadblock issue, if she's a witness to a kidnapping the police are going to want to talk to her ASAP. Bargaining chip for getting them to release her to home detention.

Also considering the Kingston Police Chief as part of the process, would he be able to be able to be involved without compromising his legal morals? He'd be walking a tightrope, but it's doable.

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