Legal Question in Criminal Law in New York

Re: Shoplifting as a first offense

First, you are charged with a class A misdemeanor. That is a crime and if you were to be convicted you would carry a criminal record for life. A conviction also carries up to a year in local jail and a $1000.00 fine plus administrative fees.

Hence, although the items you stole do not equal that much, the penalty is bad.

So Get a Lawyer. If you cannot afford one, the court will give you one. He or she will be in a better position to get the case handled properly. Do not try to handle this yourself, even if you are talented, you cannot plead your case as well as an advocate trained in criminal law can do it. They simply have more practice at it and a greater knowledge of the court and systems.

The ADA handling the case (the prosecutor) can offer to let the case drop immediately (dismissal) or adjourn the case for 6 months and IF you stay out of trouble, let the case drop (also known as an ACD or on Long Island an ACOD) or he could offer you a violation (Disorderly conduct) which is a violation and not a crime and carries up to 15 days and a $250 dollar fine plus costs, or he could reduce it to a "B" misdemeanor which carries up to 90 days in jail and a $500 dollar fine plus costs. That would be a conviction for a crime, and would follow you around for the rest of your life. Finally he could hold you to the charge as outlined above.

With so many options at his disposal, you need a lawyer to help the prosecutor to see that you deserve the most lienient deal and to understand why you did what you did. IF you do not know why this happened, then you should think about seeing a Forensic Psychotherapist who can help you figure it out so that it doesn't happen again.

If you want to talk to me about representing you, you may contact me through the links provided below. Either way I wish you good luck.

Re: Shoplifting as a first offense

You absolutely must retain an attorney to help you obtain the best possible outcome.

Re: Shoplifting as a first offense

While petit larceny (shoplifting) is a misdemeanor and must be taken seriously, it is a crime the law recognizes some people will commit out of pure impulse who otherwise would never consider committing a criminal offense. As such, many courts (particularly downstate) offer the first time, low-amount (usually $199.00 or less) offender an alternative program in which you pay a fine, attend a brief classroom program and possibly perform a few hours of community service (it all depends on which county you are in). If successfully completed, you will then be put on court-probation for 6-12 months, and if you remain trouble free during that time all charges will be dismissed against you. There are variations, but that's generally how it works IF you are properly represented by an attorney. But be warned: second time offenders are dealt with far more harshly.