Legal Question in Criminal Law in New York

Re: Caught shoplifting in NY for $250

An ACD is much better than a violation and should be your goal in this. If you have no prior record, it seems to me you should be a good candidate for an ACD. This decision is totally within the DA's discretion and it varies wildly between different jurisdictions (and even among individual prosecutors in the same office) how willing they are to give an ACD.

I like that the public defender told you to hold off on taking a plea. Some times it is a matter of waiting and working on the DA over time. If your attorney is willing to be diligent about it, maybe you should keep them. You need an attorney to advocate persuasively and diligently for you. Each court appearance is an opportunity to build rapport with the DA and to tell them more about the positive aspects of your background. It may get them to soften their position and, if you keep at it, your attorney may be able to persuade them to give an ACD.

I'm not sure about paying the civil claim. I would want to gauge the DA's position first.

I'd be happy to review your case with you. there is no charge for the initial consultation.

Re: Caught shoplifting in NY for $250

It is a very interesting question. An acd means the charges will be dismissed and sealed after 6 months if you have no further trouble with the law. A plea to a violation is not a criminal conviction and need not be mentioned on applications or interviews. A plea to a violation means you have no criminal conviction. I discuss both options with clients and I am not adverse to either disposition.Most of my clients take the violation plea providing it does not involve community service or other condition with longer term consequence.You can contact my office @7188340087 and I will discuss your options further.