Legal Question in Criminal Law in New York

Re: Petit Larceny verdict in

This is a nightmare. I am sorry you have been put through this ordeal. I have seen this before. Because of your appearence, the store took you for an indigent and did things because they believed they could 'get away with them'.

I have learned that this is how many people live. It is humiliating and gernerates tremendous anger. You have been given the same type of glimpse. This is one reason I answer these questions on lawguru for free. I understand this feeling of humiliation, frustration, and powerlessness.

I am unclear on what legal assistence you are seeking, but I will try to give you some direction. (1) were you represented by a lawyer? If not, we can try for a new (better) trial by appeal. (2) Your email indicates you did not plead guilty. Therefore there must have been a trail with a judge. Is this correct? The trial transcript can be examined for legal issues that can be appealed. (3) the only way the result can be set aside without an appeal is by producing evidence that the trial was unfair in the form of new evidence appearing that helps you. The DA can agree to re-open and dismiss.

At the sentencing, use my written response here that the store behaved very badly because you did not appear powerful enough to them to provide a check to their abuse. The reason they 'sized you up' this way was because of the toll the chemo has taken on you (I have done chemo also - it has an impact. My goal for after-chemo was to be able to stand up straight).

Tell it that way to the judge, you still have a chance at a suspended sentence (ask for it!).

Good luck. My best wishes are with you. In addition, 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

Re: Petit Larceny verdict in

What an awful story. You do not ask a question in your letter, so I am not sure what you are looking for. You may have some options. You can make a motion to dismiss the charges in the interest of justice - which must be done before sentencing. These are hard motions to win, but you never know. In addition, you can file an appeal after you are sentenced. Maybe something in your trial was done incorrectly affording you a new trial. If you wish to discuss, you may call me at 212-622-7180.

Re: Petit Larceny verdict in

What assistance are you looking for?

Was your trial by jury or judge alone?

What were the items?

What store was it?

Who was the Judge?

What part was your case in?

Feel free to e-mail the answers to me at [email protected]

So I can better assess what you want assistance with and better assess the case.

Steven Brand

Reply: Petit Larceny verdict in

Doctor,

Both of the earlier responses overlooked the most fundamental thing - did you have a defense lawyer at your trial defending you? If not, then for sure get one before sentencing, there are many options which decrease after sentencing. Unfortunately, unlike the medical profession, there is no uniform process in NY to accredit criminal law "specialists," but at a minimum, one would expect that they belong to the NY State Association of Criminal Defense Lawyers [NYSACDL]; the NY State Defenders Association [NYSDA]; or the National Association of Criminal Defense Lawyers [NACDL]. NY does indeed require mandatory Continuing Legal Education and each of those organizations provide high-quality CLE so that at least is a starting point.

The other "problem" with both of the previous responses is that ethically, if in fact you do have an attorney, the first advice should be to discuss your concerns with your defense counsel; ascertain what s/he feels the "problem" was, and then what the "plan" is for correcting it. To simply say "appeal," may not be the correct answer.

I am a Vice President of the NYSACDL and if you indeed do not have the services of a lawyer already, or have decided to retain new counsel, let me know and I will be happy to make a referral for you in your geographical area. I probably do not have to stress the importance of all of this, as there may very well be significant collateral consequences to you personally and professionally if this conviction stands. Even though it is a misdemeanor, if it is deemed a crime of "moral turpitude," it could trigger a professional disciplinary inquiry and possible licensure action, and additionally, it could have a devastating impact on your ability to prescribe controlled substances. All of those matters need to be addressed PRIOR TO your being sentenced, so the Judge knows the true "impact" of what a conviction will do to you professionally.

Good luck to you!

Don Rehkopf