Legal Question in Criminal Law in New York

shoplifting

I am a 21 year old male. I have never been arrested or in trouble with the law btu I was recently arrested for shoplifting. the total of the items I took was less that $40. What kind of penalty do I face as a first defender. Does it help that I am a student and will be graduating? I am afraid that having this on my record will hurt my chances of gettin a good job. I have to go to on the 11th of febuary. I would like to know if i should ples guilty or no contest, and how should I ask the judge for leniency?


Asked on 1/12/08, 11:50 pm

4 Answers from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: shoplifting

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.

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.

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Answered on 1/13/08, 1:38 am
Robert Evans Robert S. Evans esq.

Re: shoplifting

Since this is your first arrest ,it is possible that a plea bargain can be worked out. A competent criminal defense attorney may be able to negotiate a disposition which will not include jail time and also allow you to not have a criminal record. Please contact my office for a free phone consultation @7188340087.

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Answered on 1/13/08, 9:59 am
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: shoplifting

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.

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Answered on 1/13/08, 11:11 am
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: shoplifting

You should not make any statements about what you did or did not do to people other than your attorney. While remote there is a chance what you post on this board can be used against you, so it is best to be careful with what you admit to here. That being said, unless this crime was committed in some sort of hotspot that the DA is really focusing on then a competent criminal defense attorney should be able to work out a reasonable non-criminal disposition for you. Please feel free to contact my office if we may be of any assistance in this matter.

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Answered on 1/13/08, 2:14 pm


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