Legal Question in Criminal Law in New York

shoplifting =(

Ok, I'll be brief. I am a 20 year old female, and this is my first offense ever. Yesterday I was arrested for shoplifting, and the value of the merchandise totaled about $1300. In NY, I guess that's a Class E Felony. I was reading some NY laws regarding probation, sentencing (determinate and indeterminate - what's the difference), fines, etc. The detectives who brought me in said that I probably wouldn't get any jail time and that there would be some sort of condition where the record of my crime would be deleted after 1 year, since it's a first offense. I couldn't find anything like that in the list of laws though. Oh, and they never read me my miranda rights, and I think a search of my car was conducted in an unlawful manner, as in I didn't witness it. Basically, I'd like to know, what are my chances of having any prison time, or just getting put on probation and made to pay a fine? Is it likely that my record of this will be deleted, such that I won't have to put down on employment forms that I've ever been convicted of a felony? I have no idea what's going on - anything else that may be useful to know? I'm scared shitless and going to jail or having a permanent record is NOT an option. Thanks for any help you can provide.


Asked on 12/10/06, 1:07 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: shoplifting =(

There are a few things I would need to know. First of all who did the search of your vehicle nd what was found in the vehicle? where did they find the stolen merchandise, if at all?

There is a potential for jail time, albeit a minor possibility. The greater the possibility is of a permanenent record associated with this case.

You should retain a good private attorney willing to steer your case towards dismissal or towards a favorable deal, that would perhaps involve no permanent record, a opposed to a legal aid attorney which would probably ster you toward pleading guilty early on.

Feel free to contact my office, we're very experienced in matters such as this.

You can reach me by email at hte address below or by phone at 2127098303

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Answered on 12/10/06, 2:54 pm


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