Legal Question in Criminal Law in Rhode Island

Re: First time larceny charge-Confused

YES, you absolute need a lawyer to make sure that your consequences are as minimal as possible. Obviously, restitution will need to be made... but your real concern is a criminal record. Since you do not have one at this time, a seasoned attorney may be able to get the charges "filed," which means that if you have not criminal type legal problems within a specific period of time (it could be 6 mos or 1 - 5 years), the charge is supposed to be automatically expunged. However, experience shows that not all such records are automatically expunged, so you or your attorney would need to verify expungement at the appropriate time.

I hope this information is helpful to you.

Re: First time larceny charge-Confused

From the facts recited in the question (and in a separate email), and assuming the postage used amounted to just a few dollars' worth, I would expect the police, if they charge you at all, would charge you with misdemeanor theft. I would not be surprised, though, if the police call and tell you how lucky you are that they are letting you off with a warning and no formal charge.

In any event, if they do bring charges, a filing means, essentially, that so long as you stay out of trouble for a year, then the charge is cleared and you will have no record.

Because you obviously are nervous, if you would like, I would be happy to sit with you tomorrow for a half hour or so to discuss the matter further, at no charge. Please call me at the office tomorrow, 401-941-7771, ext. 13 if you would like to meet.

Thanks,

Scott Summer