Legal Question in Criminal Law in New York
Hi. I'm asking a question for my father. Last month he was arrested for shoplifting at a Home Deport in Brooklyn, NY (Kings County), however it was a total mistake. He had some items which he was going to pay for, but then wanted to get some items from the outside garden section so that he can pay for everything together instead of having to get in line to pay twice. Well as soon as he stepped outside the store, a Home Depot employee stopped him and accused him of shoplifting and called the police. My father was arrested and given a DAT. The main problem is that my father does not speak english, so could not explain the situation to Home Depot or the police at the time. They had him sign forms that he did not understand. My father is 60 years old, and this is the first time he has ever been arrested. He is a naturalized citizen. His arraignment is in June, it it worthwhile getting an attorney to fight this because he did not steal anything and it was all a misunderstanding? Also yesterday, we received a letter from law firm in FL telling my father to pay approximately $180 for them not to pursue a civil suit against him and that he has 20 days to send in his payment. The total of the "stolen items" didn't even total up to $30. Should we pay this? And if we do, is it an admission of guilt? I don't think he should plead guilty or accept any kind of plea bargain or ACD since he didn't shoplift. Thanks for your replies in advance.
4 Answers from Attorneys
I am a former federal and state prosecutor and now handle criminal defense. Feel free to contact me to discuss the criminal case and the civil demand letter. You should act quickly if you want to hire a lawyer so he can subpoena the surveillance tapes. An ACD is not a bad result and a trial coats money and has risks but I'm happy to discuss it with you.
The civil demand has no merit and the Florida attorneys are probably violating the FDCPA by even sending it.
The criminal case needs to be properly handled and you'd should absolutely hire a lawyer for the best results. Although you claim your father was not shoplifting, New York's Petit Theft (shoplifting) criminal statute cannot be ignored.
A trial could cost you thousands of dollars. If your father is offered an ACD on his return date, that becomes a dismissal in six months and is probably your most cost-effective option.
Contact my office via email if you need a fee quote.
Good luck!
Do not pay the $180. It is never pursued. He will be offered an ACD and have to attend a "Stoplift" program.
The first question I ask in a criminal case is "what is your immigration status?" If your father is not a citizen, the case instantly becomes more serious because deportation can be a possibility. Not always, but larceny (shoplifting) can be considered a crime of moral turpitude. Granted an ACD is considered a favorable outcome and is ultimately a dismissal, your father will most likely have to explain the facts surrounding this arrest to immigration officials at some point in the future (either when he renews his green card or applies for citizenship). You should strongly consider retaining an attorney. If you cannot afford one, your father would be entitled to assigned counsel in this case. Feel free to call me toll free at 1-877-377-8666 for a free telephone consultation or visit my website at www.tilemandcampbell.com
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