Legal Question in Criminal Law in New York

Paying Restitution

I was arrested for shoplifting (just under $100), plead not guilty and received an ACD upon which I did 32 hours of community service. The store sent me a request for about $400 that they claim is restitution for the merchandise I removed from their property, but I never even left the store before I got caught. I can�t afford to pay this, and I also believe this would mean that I�m confessing to the crime which I pleaded not guilty for. Now I am receiving threatening letters and I am not sure what to do.


Asked on 12/17/03, 7:48 pm

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Reply: Paying Restitution

If you (hopefully) had a lawyer or public defender for your Court dates, which resulted in your ACD, you should contact your lawyer right away and show him/her the paperwork that you have received from the business.

IF "restitution" was part of the ACD deal, then you are entitled to a hearing before the Judge on the amount, especially where the property in question was recovered. You need to know that so you do not jeopardize your ACD - meaning, if the Court or DA thinks that you violated a condition of the ACD, then your original criminal charges are reinstated.

If there is/was nothing in your ACD deal about restitution, they cannot after the fact include it. But, the store is basically trying to get you to "volunteer" to pay a fine. Again, your lawyer needs to review the actual paperwork that you got.

Please contact your lawyer as soon as possible, as it is also possible that the store MIGHT file a civil action [most likely in Small Claims Court] against you.

If I can be of any further assistance AFTER you contact your lawyer, please e-mail me privately.

Good Luck!

Don Rehkopf

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Answered on 12/17/03, 8:10 pm


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