Legal Question in Criminal Law in New York

Is a lawyer needed to represent my daughter for a first offense in shoplifting a

My 18 yr. old daughter was caught shoplifting. It's her first offense and she is just getting prepared to leave for college. Is it necessary for her to have legal representation when she appears for her hearing. They gave her a desk appearance ticket for a specfic date, but the lowest attorney fee i have been able to get is $1,500.00.

I cannot afford to pay that and send her away to college.

I hate the thought of her missing out on her education when this is her first offense and she is generally a very good kid and student. While she is full of remorse and has vowed never to repeat the crime, that really is too little too late. However, I dont want her to be 'punished' by neglecting her education when this is the first time she has ever gotten into trouble of any sorts. Also, if this information helps, the item she pocketed was worth less than $100.00. Thank you for your advice.


Asked on 6/23/03, 2:43 pm

3 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Is a lawyer needed to represent my daughter for a first offense in shoplifti

I am an experienced criminal attorney and I would be happy to assist you for $500.00. My goal would be to obtain an 'ACD'(adjournment in contemplation of dismissal-a form of probation to avoid any record) or negotiate with the district attorney for a 'violation' (which will not show up as 'crime' on her record)rather than a 'misdemeanor' (which does show up on her record as a crime).

I can be reached at (646) 591-5786, and have offices at 42 West 44th St, NY,NY. Please call for an appointment first.

This is what a lawyer does. In the absence of such a friendly resolution, we would put the store through 'heck' in an effort to weaken the case against your daughter using the lawyer tools of 'discovery' and 'cross-examination'.

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Answered on 6/23/03, 9:48 pm
Robert Evans Robert S. Evans esq.

Re: Is a lawyer needed to represent my daughter for a first offense in shoplifti

It is always a good idea to get the best possible representation when dealing with a childs future, the quote for representation is not out of line withrespect to the regular fees charged for this type of situation.That being said your daughter may get a very good result not inhibiting her future endeavors specifically an "ACD" or some violation ,not a crime with youthful offender status. If you want to discuss this fyrther you may call my office@718-834-0087 to scheduale a consultation.

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Answered on 6/25/03, 12:49 pm
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Is a lawyer needed to represent my daughter for a first offense in shoplifti

Yes is the answer. It may seem like a trivial matter, but to do a competent job representing your daughter, there is a lot of work that needs to be done. The goal is to obtain a disposition where she does NOT get a criminal conviction, preferably what is called an "ACD" or "Adjournment in Contemplation of Dismissal." That means if she stays out of trouble for a period of time specified by the Court and complies with any other conditions the Court sets, the Charge would be dismissed at the end of the time period and she would not have a criminal record.

Call your County Bar Association and see if they have a program for attorneys to represent people of "modest means." Some Counties do this and charge lower fees for people who do not qualify for a Public Defender.

If the attorney won't accept a payment plan, I strongly urge you or your daughter to see if you can borrow the money. I know it seems like a lot of money for a silly thing, but she really does not need a Petit Larceny conviction on her record based upon what you have represented.

Good Luck!!

Don Rehkopf

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Answered on 6/23/03, 4:13 pm


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