Legal Question in Criminal Law in New York

Help! Is it possible for me to be charged with petit larceny??- No prior record

I returned an incorrect product to a merchant and then was followed back to my car and the correct product was seized. I was questioned by private security and was asked to sign a form that stated that I was not to enter the property for a certain time period. I was also told that I would be contacted regarding my civil obligation. The police were not called. My question is- Can the merchant still go back and file charges (petit larceny/ return fraud) against me even though the police were never notified? Scared!! Please help!!!


Asked on 1/17/04, 9:01 pm

1 Answer from Attorneys
Brenda Mattar Mattar & D'Agostino, LLP

Re: Help! Is it possible for me to be charged with petit larceny??- No prior re

Yes, it is possible for you to be charged with Petit Larceny based on the facts you have described. You may also be charged with Possession of Stolen Property.

You indicated that you signed a document, what else did it include? Did you sign any kind of statement admitting to returning the incorrect item?

If the store decides to charge you with any criminal charges, most likely you will receive an Appearance Ticket advising you to appear in Court on a specific day. If you receive such a document, you will need to contact an Attorney.

Since you have no prior record, it is unlikely that you will be sentenced to any jail time. This will probably result in you having to spend time in Court and money on a lawyer, fines, ect.

Please feel free to contact me @ (716) 856-4022 to dicuss this further.

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Answered on 1/19/04, 10:11 am


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