Charged with Petty Larceny in Manhattan

[nj4]

My question involves criminal law for the state of: New York

I was charged with Petty Larceny (165.40) 2 days ago while I was in New York on a day trip (I'm a Maryland resident). I walked out of the store with clothes in my purse, the loss prevention person tapped me on my shoulder and asked me what I had in my purse and at that point I couldn't deny it, so I fessed up. He took me to the back and calculated the dollar amount which turned out to be $104 and some change. He took down all my info and I signed this thing saying that I admit to stealing and I also wrote a long apology letter to them. The cops came, arrested me, and took me to the precinct soon after. There, they finger printed and photographed me, then sent me out with a Desk Appearance Ticket for a month from now at the Manhattan Community Court.

Looking back at it now, I know I probably shouldn't have signed those papers at H&M and should've kept my mouth shut, but what's done is done and I can't change anything, so I'm just trying to focus on what I CAN do. I am a full time college student residing in Maryland with no prior criminal charges but a DUI conviction in Virginia a year ago. That prior record is scaring me, but everyone who I've talked to is saying that since that charge is irrelevant to this one and since this is my first shoplifting charge, the outcome of my trial should just be an ACD (stay on good behavior for 6 months and my record will be wiped clean, after doing some community service and paying fines), but I wanted to get you all's input on what I should do and what to expect. Also, I cannot hire a private attorney because I'm low on funds, so I'm going to have to stick to a public defender.

Questions:

1. What do you think the outcome of my case will be? Do you think that an ACD could be given to me? How easy or hard will that be?

2. What will be the effect of me hiring a public defender? I've heard mixed reviews on them, but as the rumor goes, are they really less competent than private attorneys? Also, what's the process of getting a public defender? Is one automatically assigned to me? And how long will I get to spend with them before going before the judge?

3. What can I do NOW, prior to my case, if anything, to prove my chances of getting the outcome I want (an ACD or some type of diversion. Anything for this not to appear on my record)? I am thinking of taking a shoplifting class online and bring that certificate, my resume, reference letters, and a letter to the judge along with me to court to prove my character. I have great grades, fantastic extracurriculars, and service/volunteerism is basically my specialty. I am currently doing volunteer and service work for my community in a low income hospital with a nationally recognized program, have done medical volunteer work in hospitals in Virginia, and have done the same abroad in several countries too. I graduated 3rd in my high school class with a 4.7 GPA and received an award for excellence in service and volunteerism by the College of William and Mary which is only given to one student in each high school. I received the Coca-Cola Scholarship which is given to 250 people out of 180,000 applications. I've started my own volunteer initiatives in Sri Lanka after the tsunami that struck in 2004. Basically, my resume's really impressive and these actions that I've recently committed don't speak for my character. Will any of this help me or will it do nothing or more harm than good?

4. I've also heard that the victim (H&M) can come after me with a separate civil case in which they'll ask for crazy amounts of fees from me. I've been told to just avoid those letters and they will not follow up with me because it takes too much money and energy out of them to go to court. Either way, should I expect to hear from them soon and what should I do if I do?

I have never been arrested for this type of thing before and I've never dealt with the law in New York. My biggest fear is that I'll end up with this on my record and it will interfere with me getting into medical school and getting other jobs. I'm an aspiring physician, and medical schools just won't have this. Considering my circumstances, do any of you have answers to these questions? Any thoughtful input would help, and I really appreciate it.

[PandorasBox]

(1) An ACD depends on if it is available in an area; how the prosecutor feels. Technically, that DUI a year ago does give you a Criminal Record, and will be considered by the prosecutor and judge.
(2) If you can afford a day trip to NYC, you can likely afford to hire an attorney. If you can't afford one, then plead Not Guilty and ask for a Public Defender. They went through the same training as a private lawyer, they just work for the state and have more cases to handle.
(3) You can take the shoplifting class and bring that with you. Along with proof the Civil Demand has been paid. The judge honestly will not give a rats ass about your resume, will not read Letters of Reference, and doesn't care that you have volunteered in various places. the judge also doesn't care about your GPA. In fact, I think it makes it look worse - why do people with high intelligence do something they knew was a criminal act?
(4) Yes, this is the Civil Demand letter. Expect it. Pay it asap. If you don't pay, they can increase the amount, take you to Civil Court, add in their attorney fees ($250/hr), and then put a permanent mark on your credit history. It's up to you if you want to gamble on them not taking you to court...

Yes, it will affect your job opportunities. Before going to med school, you better talk to your school counselor. A physician has access to pharmaceuticals that can be sold on the street, and also to patients purses and valuables.

Also, refusing to sign the papers in the store would have made you look uncooperative in the eyes of the law. What you signed was basically ad admission of guilt (they would have you on tape/witness account anyway). And another was a paper ordering you to stay out of all H&M stores.

[nj4]

Thank you for your feedback! Okay so I'll definitely do the shoplifting class. Some more questions:

1. Should I contact H&M, apologize, and/or ask for a compromise/agreement by asking them not to take me to court if I pay the fee first? Or should I wait until they contact me?

2. Regarding the attorneys, I've called about 10 NY attorneys now and they all cost around $1500.. not affordable for me. So I'm going to have to get a public defender. My question is about how to get a public defender. Do I automatically get assigned one when I go to court? Or do I go in front of the judge first by myself, he asks if I need an attorney, and I say yes and they give me another court date where I'll meet my public defender? Please let me know what that process is.

3. I don't know if this is a long shot, but can my public defender fight the case by saying that the loss prevention person had no probable cause to approach me? He never told me how to knew I had the stuff in my purse, and I'm pretty sure there was no video evidence. If there really was no video evidence and it was all hearsay, is there a chance that the judge will dismiss the case because there's no concrete proof that he had probable cause to approach me? I don't know I'm just trying to come up with something for my defense.

Thanks for your help again!

[Disagreeable]

Another potential physician prospect bites the dust. You need to aspire a bit lower with retail theft and a dui on your record.

[quirkyquark]

Also, refusing to sign the papers in the store would have made you look uncooperative in the eyes of the law. What you signed was basically ad admission of guilt (they would have you on tape/witness account anyway)

That may be, but I think the best thing to do is "Either have me arrested or let me go. I'm not admitting to anything." Of course, this requires the guts to wait, be booked (and possibly be taken to the station). The admission seals your fate.

1. Should I contact H&M, apologize, and/or ask for a compromise/agreement by asking them not to take me to court if I pay the fee first? Or should I wait until they contact me?

It's out of H&M's hands now and in the hands of the Manhattan DA's office.

2. Regarding the attorneys, I've called about 10 NY attorneys now and they all cost around $1500.. not affordable for me. So I'm going to have to get a public defender. My question is about how to get a public defender. Do I automatically get assigned one when I go to court? Or do I go in front of the judge first by myself, he asks if I need an attorney, and I say yes and they give me another court date where I'll meet my public defender? Please let me know what that process is.

You are only eligible for a p. def. if you CANNOT afford one as determined by the court. Typically, you will be assigned one at your arraignment; you may have to see the judge first and he may ask you -- I doubt the process is "automatic."

3. I don't know if this is a long shot, but can my public defender fight the case by saying that the loss prevention person had no probable cause to approach me? He never told me how to knew I had the stuff in my purse, and I'm pretty sure there was no video evidence. If there really was no video evidence and it was all hearsay, is there a chance that the judge will dismiss the case because there's no concrete proof that he had probable cause to approach me? I don't know I'm just trying to come up with something for my defense.

You have the right mindset in the wrong place LPOs are not police, and an in-store detention is not an arrest, search or seizure. All of that funky probable cause stuff doesn't apply. If you really want to know how he knew, he'll probably tell you at trial. Your PD will probably try to get you a plea deal, possibly including diversion. If you plead not guilty and go to trial, you have that bar of the signed admission of guilt to overcome.

[Security Consultant]

Actually, "all of that funky probable cause stuff" does apply. Checkout the New York Merchant's Detention Statute - which states that a merchant, or its agent can detain if the have "probable cause."

[nj4]

Ooookay, so after reading all of your replies... I think that if I want diversion or an ACD or something like that to where it will eventually be off of my record, I have to plead not guilty, correct? I know that my financial status will get me a public defender, so I guess I'll talk to him about whether or not I should plead guilty to get me my desired outcome and whether or not I should try to fight it saying that the LP person had no probable cause to approach me. And I'll also bring the shoplifting course completion certificate. Does this all sound like the right thing to do to get me a diversion/ACD/my desired outcome?

And you're saying that at this point, it's out of H&M's hands, so I probably don't have to worry about them coming after me with anything?

Also, I'm worried about the public defender. All the private attorneys I've called are scaring me and telling me that I will be risking my future with a PD instead of a private attorney like them and that I will not get the results I want, and I don't know if that's really most likely true or if they're just saying that to scare me into giving up my money and hiring them. What do you think?

I'm a very hopeful person so I've been calling around to see if there are any NY lawyers who deal with this type of case for around ~$500.... but haven't found any. I know that this is probably a looooong shot, so am I pretty much wasting my time trying to find one for that amount of money or do you have any ideas on where I can hire one for that cheap? I've heard about Pro Bono too and I'm not quite sure on how that works; any thoughts?

[Security Consultant]

Pro Bono cases are, at times, taken on as hardship cases or for charitable reasons. I just don't see yours as being a pro bono case. As far as H&M "not coming after me with anything" - I think they will come after you with a Civil Demand.

[nj4]

Do they determine eligibility for a pro bono case based on income and hardship? If so, my situation might fall in that category because I'm seriously thinking of ways of affording a private lawyer and I cannot think of one, at all. Where can I find lawyers who offer pro bono?

[quirkyquark]

Checkout the New York Merchant's Detention Statute - which states that a merchant, or its agent can detain if the have "probable cause."

Is that relevant to criminal actions, or only to protect the merchant from civil liability?