Legal Question in Criminal Law in New York

Caught shoplifting, 1st time

I was caught shoplifting today in

Manhattan, NY, at a retail store. The

total of the merchandise I took was

about $165. I am 28 years old and

this is my first offense ever. The

store called the police and I was

taken to the police station, finger

printed and had my picture taken.

They gave me a desk appearance

ticket with a date in February. What

is the worst that can happen to me?

Is there some way I can keep it off

my permanent record? If I don't get

convicted, do the police keep my

fingerprints and mug shots? I'm

really remorseful and know I will

never do anything like this again. Do

I need to get a lawyer? Thanks in

advance for your advise.


Asked on 1/10/09, 11:43 pm

5 Answers from Attorneys

Joel Salinger Law Office of Joel R. Salinger

Re: Caught shoplifting, 1st time

I will attempt to answer your questions one at a time.

1. You have been charged with Petit Larceny which is a Class A Misdemeanor under New York State Law. The maximum penalties for a Class A Misdemeanor is up to one year in jail, up to three years probation or a combination of the two, a $1000 fine plus surcharges, restitution and civil penalties to the store directly under the New York State General Obligations Law. (These are the maximums and not what will usually happen especially for a first time offender.)

2. Once you were arrested, the chance of getting this off of your permanent record is zero. Even if you were acquitted after trial, there would still be a record although that record would be sealed for all but law enforcement and government. There is an outside possibility to get a favorable plea bargain and have the record sealed but it will take a lot of work.

3. If you are acquitted after a trial, your fingerprints and photos are returned to you. This would also happen if a very favorable plea bargain would be worked out as well.

4. If you want anything that I have written about above to happen, you will need an attorney. The District Attorney's office will not talk directly to you as a pro se defendant. If you attempt to represent yourself, the only thing that the DA will do is give your their basic offer and it is a take it or leave it situation. You will need experienced representation to get any serious offer.

If you would like to discuss this matter in a free consultation you can contact my office at 516.746.4747 or e-mail me at [email protected].

I represent people in New York County Criminal Court on Centre Street on a regular basis.

Joel R. Salinger, Esq.

114 Old Country Road, Suite 440

Mineola, New York 11501

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Answered on 1/11/09, 12:47 am
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Caught shoplifting, 1st time

It is in your best interest to have an attorney represent you. As was mentioned in the prior post this charge carries the risk of up to one year in jail. Although it is unlikely to receive jail time on a first arrest there are many other potential consequences that can arise from a criminal prosecution.

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Answered on 1/11/09, 2:35 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Caught shoplifting, 1st time

When you were taken in and printed you were technically arrested. While you were not physically held for an arraignment this still counts as such.

I would suggest hiring an attorney, you have been charged with a misdemeanor which if found guilty, or plead guilty to, would leave you with a

Permanent criminal record... I would suggest hiring a lawyer to best protect against this.

You may reach us at 2127098303

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Answered on 1/11/09, 3:35 am

Re: Caught shoplifting, 1st time

More likely than not, a good criminal defense attorney can get you an adjournment in contemplation if dismissal (acd) which means the case gets adjourned for six months and then dismissed and sealed. You may have to do some community service or a stoplift education program.

I am a former Assistant DA and practice criminal defense in NY County all the time. Feel free to look at my website and call me. Don't be stressed about your situation.

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Answered on 1/11/09, 7:39 am
Robert Evans Robert S. Evans esq.

Re: Caught shoplifting, 1st time

You are facing misdemeanor charges which can carry up to 1 year jail,split sentance jail/probation or fine/community service. As a first time offender a competent criminal defense attorney can usually plea bargain this situation to no jail and most times no criminal record. Often times a disposition of an adjournment in contemplation of dismissal or a plea to a violation ,which is not a criminal conviction.Please contact my office @7188340087 for a free phone consultation during which I will outline all the possibilities as well as the cost of representation.

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Answered on 1/11/09, 10:00 am


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