Legal Question in Criminal Law in New York

Petty theft NY first offense

My kid (23) did a stupid thing and stole 300.00 from a store he worked at. He was questioned by the police, admitted he took the money, and gave it back. He was arrested and just sent a court date. He or I can't afford an attorney. When should he ask for a public defender and is it necessary to have an attorney for petty theft first offense. Will the record be able to be expunged after 6 months? Is an attorney necessary for that? thank you.


Asked on 6/24/07, 11:25 am

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Petty theft NY first offense

yes it is necessary to have an attorney. ask for a court appointed attorney when you go to court. ask him/her all of these questions.

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Answered on 6/24/07, 4:18 pm
Jeffrey Bloom Law Offices of Jeffrey Bloom

Re: Petty theft NY first offense

The court should appoint him a public defender. It is of extreme importance that he be represented by an attorney. There is no "expungement" in NY, although there are types of sealing & dismissal.

He'll probably be charged with petit larceny. This is a Class A misdemeanor. I am certain that he'll never see the inside of a jail cell, but the offense does carry up to one year jail time.

If he is convicted (or if he pleads guilty to the misdemeanor offense), he will have a criminal record for the rest of his life.

He should absolutely be represented by an attorney.

Jeffrey Bloom

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Answered on 6/24/07, 10:20 pm


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