Legal Question in Criminal Law in New York

petit larceny... i need help!

Last month my friend and I were in a 7-11 and were playing around and sticking things in my bag... stupid mistake... long story short the owner must have seen us... called the cops... my friend was let go and i was arrested... i am 20 yrs old and i have never been in trouble b4 so i don't know much about this... the police told me to just show up in court... so I did... and then there was an attorney for the day there... who plead not guilty for me and said now i have to get an attorney! I was hoping I coudl get thru this w/ out telling my parents b/c i think they will kill me... what a mess I have gotten myself into... I don't ven know if I trust this attorney guy... i really dont know what to do... never mind how much this will cost me... i really dont know how much i can afford w/ out having to take out more loans for my tuition that i pay... i really dont now what to do ... can someone give me some advice?!


Asked on 1/16/04, 11:28 am

4 Answers from Attorneys

Matthew Metz Law Offices of Matthew P. Metz

Re: petit larceny... i need help!

If you have no criminal record this case should resolve itself with an Adjournment in Contemplation of Dismissal("ACD"). An ACD gives you no criminal record(important for licensing and employment reasons) and means your case will be dismissed and sealed within 6 months if you have no further problems. Many jurisdictions may require community service as well. We handle alot of these cases so if you need help give us a call(914-243-5563)or e-mail us-MPMETZLAW.COM

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Answered on 1/16/04, 8:34 pm
Robert Evans Robert S. Evans esq.

Re: petit larceny... i need help!

You are in a serious situation. You are being charged with a misdemeanor which potentially can result in a jail sentance,however withno prior criminal history the courts generally take the approach that an alternative to jail such as community service would best serve both society and the alleged perpetrators needs I would suggest you do inform your parents and seek their assistance. You may if you wish call my office @718-834-0087 for more info.

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Answered on 1/21/04, 2:11 pm
Brenda Mattar Mattar & D'Agostino, LLP

Re: petit larceny... i need help!

Petit Larceny is a serious charge. It is a Class A Misdemeaner and the maximum penalties include: 1 year in jail, 3 years probation and/or a fine of up to $1000. As a first time offender, it is very important that this case be resolved without any jail time and without a criminal conviction on your record.

Your attorney will need to get the charge reduced to a Violation level charge, such as Disorderly Conduct or obtain an Adjournment in Contemplation of Dismissal (ACD).

If you plead guilty to the Violation of Disorderly Conduct, the maximum penalties include: up to 15 days in jail,(this is very rarely imposed), fine up to $250, court surcharges, community service. The upside is that this WILL NOT result in a criminal conviction on your record. An ACD is the best possible result, because if you stay out of trouble for 6 months, the charge is Dismissed in full. Also, no criminal conviction. There is no fine, but some Courts do impose community service.

Most courts in Western New York require those charged with shoplifting to attend the "Stop Shoplifting School". It is a 3-4 hour program and the cost is $50.

The store can also impose a civil penalty against you. This is usually in an amount @ $75-150.

You do need a lawyer. You can call me @ (716) 865-4022 to retain me. Or you can call the County Bar association in your county and ask if they have a referral service. You can also ask the Court to appoint a lawyer for you if you cannot afford to pay. However, if you are under 21, most programs require information on your parents income to determine if you qualify. You will not qualify unless your family has a very low income.

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Answered on 1/16/04, 12:07 pm
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: petit larceny... i need help!

I agree with Ms. Mattar's post. Keep in mind that it is HIGHLY unlikely that you would ever go to jail for something like this. Keeping your parents out of the loop is your decision, but if you decide to hire a lawyer it will cost some money, and foregoing competent counsel because you don't want to go to your parents for help may come back to haunt you later in life. Good luck. Call me if you need to discuss further.

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Answered on 1/16/04, 3:25 pm


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