Legal Question in Criminal Law in New York

I have a question. Last month in August i was caught shoplifting $60 pair of shoes at a retail store. This is my first offense and in my 28 years I have never got in trouble with the law before. the police came and gave me a pink slip as a F.A.T and that i would have to appear in court in October. The officer that gave me the pink slip said that that i either would pay the fine or go through some type of program...However i am not able to afford an attorney because im working part-time and im going to school. What are my opinions here??


Asked on 9/26/10, 6:51 am

2 Answers from Attorneys
S. MICHAEL MUSA-OBREGON NY Musa-Obregon & Associates

You were arrested in New York City, which issues "Desk Appearance Tickets," or DAT's. A DAT is an actual arrest, despite the fact that you were let go only after several hours from the police precinct, and you actually face actual criminal charges of Petty Larceny under NY Penal Law Section 155.25 which if convicted, can stay on your record. Lucky, there are a number of diversionary programs for shoplifting cases which, if accepted, would generally allow you to avoid a criminal record. Since you are working at least part time, I don't know whether an attorney may be appointed for you, since you are not indigent. Indigence is the standard for being provided free legal representation in NYC. An attorney may be more affordable than you may think. You may call me at 917-224-5497 for more info. Best of Luck.

Read more
Answered on 10/01/10, 8:49 am
peter bark bark & karpf

I am not sure in which jurisdiction you were arrested. What happens to you depends on the county. In most counties you would receive an ACD (delayed dismissal ) or a non-criminal violation. Go to court alone first and see what they offer. Then if not satisfied, hire an attorney.

Read more
Answered on 10/02/10, 6:27 am


Related Questions & Answers

More Criminal Law questions and answers in New York