Legal Question in Criminal Law in New York

A friend and I were arrested for petit larceny for taking $50 worth of food from the place where I work. It's a first offense for both of us, so I thought the DA's office would offer an ACD. However, the owner is now claiming that he has video of other times that things were stolen and so the ADA only offered that I plead guilty to petit larceny and they are also seeking restitution. What is a reasonable outcome for this type of situation? Can they seek restitution for crimes I was not even charged with? I was only charged with the one instance of petit larceny. How would they even decide how much restitution to charge? Also, the manager was aware of all the things taken and it is common practice for employees to take food, drinks, etc. I saw him watch my friend leave with a few things one time. I also received his permission to take food with me on several occasions. The day in question, I was working and didn't take anything.


Asked on 1/26/11, 5:54 pm

3 Answers from Attorneys

peter bark bark & karpf

It sounds like you have a defense to the charge. Fight the case unless they offer an ACD.

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Answered on 1/27/11, 5:43 pm
Robert Evans Robert S. Evans esq.

Everything depends upon your attorney and the specific facts of the case. It is not required that you get an ACD,it is discretionary. Therefore you should retain a competent criminal defense attorney to preserve your rights and help you maintain a spotless criminal record.You may contact my office for a consultation @7188340087.

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Answered on 1/29/11, 10:35 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

They may amend the complaint to add new charges, or simply char be you with new instances of similar behavior... On a misdemeanor they may go back as far as 3 years to charge you.

If I were you I would also seek the assistance if a good defense attorney. Contact us if you're interested in hiring an attorney at 212-405-2234

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Answered on 2/06/11, 2:05 am


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