Legal Question in Criminal Law in New York

Re: Shoplifting/expungement

You should absolutely have a lawyer represent you.

There are several options available to you. The District Attorney may be willing to consider your circumstances and offer what is called an ACD. This means that if you don't get arrested within 6 months, the case is dismissed. In addition, your lawyer can make a motion to dismiss the case in the interest of justice based upon your medication and immigration issues. I suceeded at this in a case not too long ago.

If you want to discuss your options, please feel free to call me at 212-622-7180.

Re: Shoplifting/expungement

It seems that you will need representation regarding your problem. based on the info there is a chance you can get an "acd" or perhaps a dismissal in the interests of justice. If you want to discuss this further you may call my office to set up a consultation @718-834-0087.

Re: Shoplifting/expungement

Shoplifting is often prosecuted as a 'violation' instead of as a 'misdemeanor'. The papers given to you may have that information. If you have been charged with a 'violation' (which is likely based on my experience and knowledge), then you may answer 'no' on your immigration forms (although I would include the information that you have been charged with a violation and give the location (state/city/county of the event) but not that it was for shoplifting). As a violaion, I would make sure the prosecutor and the judge knew of my situation - bring a doctor's note and a list of the medication and what it is for- and ask for a "continuation in contemplation of dismissal" (a form of probation). There are legal issues here (the impact of the medication on your state of mind/intention) and communication issues as well. You are welcome to a consultation at no charge at my offices at 42 west 44th st, ny,ny. Please call first for an appointment 646-591-5786.

Re: Shoplifting/expungement

Heed all of the replies above. Depending on the facts of your case, your legal aid lawyer, if you qualify for one, may be able to dispose of your case with a favorable disposition. However, it is helpful for your immigration F-1 Visa and green card application to have a clean record which can be aided by your case being disposed of with an ACD. Often, hiring a private attorney to attempt to secure a better result is a viable option.

Feel free to call me at 646-209-8213 to discuss your case further tomorrow. Steven Brand

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.