Legal Question in Criminal Law in New York

Petit larceny (day trader) frist offense

A friend who I had on and off romantic interludes with in the past call me up desperately needing someone to sit her dog in her hotel apt while she was away on vacation. I agreed explaining I wouldn't be available somenights becuse of work and studies, and I would have a friend help sit the dog in the apt. I had to fly to Florida for a few days and told her a was unable to continue sitting and left, on leaving brrowed a bag to put some of my cloths in. On returning from her vaction she called and emailed me twice for a picture she had asked me to fram for her and a book she loaned prior to the dog sitting.

I told her I will return them soon along w/ her bag I borrowed. I was contacted by a detective with instuctions to drop the items off to him. On doing so I was charge w/ petit larceny and issued a DAT-she claims I took a lighter from her place. I did not.

Whats my best course of action since I'm innocent?

Will this affect me as a stock trader?

I am a legal resident of the us, will this affect my green card?

Thanks for your help.

Sean


Asked on 10/17/03, 12:22 pm

2 Answers from Attorneys

Re: Petit larceny (day trader) frist offense

It sounds like your friend is not much of a friend.

If you hold a license to trade (ie Series 7 or similiar), a criminal conviction could jeopordize the license. Petit Larceny is a Class A Misdemeanor. However, the facts do not sound all that bad and you could get a favorable disposition, such as an Adjournment In Contemplation of Dismissal ("ACD"), without having to go to trial. An ACD results in a 6-month adjounrment and then the case is dismissed if there are no further arrests. I recommend that you speak with a criminal defense attorney about your case. If you wish to speak with me (I am a criminal defense attorney), please feel free to call me at 212-622-7180.

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Answered on 10/17/03, 12:57 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Petit larceny (day trader) frist offense

This is a difficult situation for you. If you have a series 7 license, then a misdemeanor (this is a class A misdemeanor) will have an impact.

However, do not be discouraged. The case against you is (on the facts you have described) very weak. A conviction in a case such as this would require more evidence - (1) someone saw you take the lighter or (2) the lighter was found on you or your property.

Since neither of these has happened, this case is very, very weak. In my experience, the district attorney may choose not to prosecute the case at all. First he will offer you an opportunity to plead 'guilty' to a 'violation' (which will not affect your career). A violation is punishable by a fine of 50-250 dollars.

It is ALWAYS best to hire an attorney to assist you with any criminal complaint, but it is 'less necessary' on this case than on many others. However, I would be irresponsible if I did not repeat that: IT IS ALWAYS BEST TO HIRE AN ATTORNEY TO ASSIST YOU WITH ANY CRIMINAL MATTER.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 10/17/03, 3:38 pm


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