Legal Question in Criminal Law in New York
I was caught shop lifting, I cooperated fully. I was arrested and recieved a DAT this happened in the bronx. Now I looked at my DAT and saw that the top offense was 170.20. I researched what it was a realized why the officer did not give my ID back. When I recieved my ID I was playing around with the birth year but I quickly cleaned it off so my ID is orgininal when the officer had my ID nothing was false but through a special machine he said he could see it was tampered so I was told to get a new ID now my issue is what am I being charged for shoplifting or this 170.20 ? am I going to jail ? I am 20 my first offense I'm so embarrassed and ashamed i can't sleep I'm a college student and I work full time will this stay on my record I could lose financial aide I don't know what to do and do not have the funds to hire a private lawyer but I also don't want to wait to the day of to talk to an attorney please HELP!
1 Answer from Attorneys
I would have to review the paperwork involved and double check with the court to be sure the information you have on your DAT is correct. My feeling is that your reading of the DAT is incorrect and that you were caught shoplifting in excess of $1000, which would technically be grand larceny -- a felony. However, if the amount is less than $2000, the DA will frequently waive the grand jury indictment and reduce the charges down to petit larceny -- a misdemeanor.
In any event, if you cannot afford an attorney, a public defender will be provided for you when you appear in court. The most important thing is making sure you do not miss your court date. If you would like to consult with my office free of charge, please contact me via http://www.petit-larceny.com/contact-us/ or at 212-920-6950.
Good luck!
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