Legal Question in Criminal Law in New York

My boyfriend and I were caught shoplifting from Macys yesterday in NY. In my posession my item was $110 and his was $400. We were taken into the back where they took our pictures and told us we were banned from all Macys for 3 years. They also gave us each a Civil Demand notice in the amount of $500 for each of us. Then they called the police and had us arrested where we both got DAT's to appear in court next month. I was wondering what is going to happen to us when we go to court. We are planning on pleading guilty, since we were and they have it on video also. In my bag they found a pair of pliers and he had a store security tag (the police ignored this). This is our first offense, I have never been in trouble before (I'm 28 and in college getting financial aid) and he (28)hasnt been arrested since he was a teenager for writing graffiti. I don't know what to do. In Macys they said we have a month to pay the fee and then today when I read the paper is said payment is to be rec'vd within 5 days and then they contact their lawyers and we have to pay their legal fees too. We were both laid off and neither one of us have enough money saved for this.

Are we looking at jail time? probation? an insane amount of fees?


Asked on 2/09/11, 2:28 pm

2 Answers from Attorneys
Michael Krigsfeld William Schwitzer & Associates, P.C.

Since you did not actually leave the premises with the merchandise Macy's cannot make you pay a penalty. As for your criminal case, there are several factors that need to be examined. If this is the first offense for the both of you then you should not expect any jail time. There are "treatment" classes that defendants would have to complete for shoplifting. You would receive a conditional discharge - the condition being that you complete the program and not be arrested within 6 months to a year after this incident - and have the charges dismissed. Should you wish to discuss your options further please contact me.

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Answered on 2/11/11, 10:18 pm
Robert Evans Robert S. Evans esq.

Do not pay the civil penalty. Do not enter a plea of guilty you may have defenses or at worst plea bargain possibilities.Do retain an experienced criminal defense attorney . The cost today will be much smaller than the future affects. A plea or finding of guilt will result in a permanent criminal record for both of you unless the plea is for a violation or you receive an ACD, only a competent attorney will accomplish this result. You may contact my office @ 7188340087 for a consultation.

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Answered on 2/27/11, 7:46 am


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