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  1. #1
    Join Date
    Dec 2006
    Posts
    5

    Default Shoplifting at NY Sears - 150$ of merchandise

    hey, i and my girlfriend could use some advice

    we were shoplifting christmas presents for family from sears in newburgh new york and were stopped by sales loss officials upon leaving, we tried to run into the parking lot but were grabbed by security and staff. We were arrested and charged with petty larceny under penal law code 155.25 and have a court date in a few days, we are both unemployed and would like to know

    1 what are the usual consequences for petty larceny for merchandise up to 148$ in total between the two of us?

    2 what should we do about contacting a lawyer especially considering we are unemployed?

    3 should we plead guilty or not guilty to the charges considering we both stole a total of 148$ worth of material and we only stole about 74$ worht of merchandise each?

    if anyone could help us it would be greatly appreciated, reply to the tread or drop me and email, any help is appreciated!

  2. #2
    panther10758 Guest

    Default Re: shoplifting at NY sears 150$ of merchandise

    It is always advisable to seek a Lawyers advice when facing criminal charges. Ask your attorney about diversion this can help keep conviction off your record

  3. #3
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: shoplifting at NY sears 150$ of merchandise

    Quote Quoting paulclift
    View Post
    hey, i and my girlfriend could use some advice

    we were shoplifting christmas presents for family from sears in newburgh new york and were stopped by sales loss officials upon leaving, we tried to run into the parking lot but were grabbed by security and staff. We were arrested and charged with petty larceny under penal law code 155.25 and have a court date in a few days, we are both unemployed and would like to know

    1 what are the usual consequences for petty larceny for merchandise up to 148$ in total between the two of us?

    2 what should we do about contacting a lawyer especially considering we are unemployed?

    3 should we plead guilty or not guilty to the charges considering we both stole a total of 148$ worth of material and we only stole about 74$ worht of merchandise each?

    if anyone could help us it would be greatly appreciated, reply to the tread or drop me and email, any help is appreciated!
    It is a Class A misdemeanor.

    From the New York statutes:

    NYPC S 70.15 - Sentences of imprisonment for misdemeanors and violation.

    1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed one year; provided, however, that a sentence of imprisonment imposed upon a conviction of criminal possession of a weapon in the fourth degree as defined in subdivision one of section 265.01 must be for a period of no less than one year when the conviction was the result of a plea of guilty entered in satisfaction of an indictment or any count thereof charging the defendant with the class D violent felony offense of criminal possession of a weapon in the third degree as defined in subdivision four of section 265.02, except that the court may impose any other sentence authorized by law upon a person who has not been previously convicted in the five years immediately preceding the commission of the offense for a felony or a class A misdemeanor defined in this chapter, if the court having regard to the nature and circumstances of the crime and to the history and character of the defendant, finds on the record that such sentence would be unduly harsh and that the alternative sentence would be consistent with public safety and does not deprecate the seriousness of the crime.
    and/or

    NYPC S 80.05 Fines for misdemeanors and violation.
    1. Class A misdemeanor. A sentence to pay a fine for a class A misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding one thousand dollars, provided, however, that a sentence imposed for a violation of section 215.80 of this chapter may include a fine in an amount equivalent to double the value of the property unlawfully disposed of in the commission of the crime.
    Most likely case scenario would be probation, fine and possibly community service.

    You can also expect a civil fine from the store.

  4. #4
    Join Date
    Dec 2006
    Posts
    5

    Default Re: Shoplifting at NY Sears - 150$ of merchandise

    thank you all so much, you have no idea the weight you have all lifted off our shoulders, my band is leaving for a 2 week tour down south as soon as we leave court next week and i was terribly worried that jailtime or some other form of time consuming punishment would be handed out, your all great people thanks alot!

  5. #5
    Join Date
    Dec 2006
    Posts
    5

    Default Re: Shoplifting at NY Sears - 150$ of merchandise

    also if anyone knows, whats the best way to find free representation becasue we are both unemployed and have nothing in the bank.

  6. #6
    panther10758 Guest

    Default Re: Shoplifting at NY Sears - 150$ of merchandise

    Request a Public Defender

  7. #7
    Join Date
    Dec 2006
    Posts
    5

    Default Re: Shoplifting at NY Sears - 150$ of merchandise

    would i do that when we go to court for our appearance tickets?

  8. #8
    panther10758 Guest

    Default Re: Shoplifting at NY Sears - 150$ of merchandise

    Quote Quoting panther10758
    View Post
    Request a Public Defender

    Did you not read?

  9. #9
    Join Date
    Dec 2006
    Posts
    5

    Default Re: Shoplifting at NY Sears - 150$ of merchandise

    did you? i replied to you telling me to request a defendant, and i asked "would i do that when i go to court?" as in do i call someone about a defendant or do i request the defendant when im in front of a judge next week. thanks for the help

  10. #10
    panther10758 Guest

    Default Re: Shoplifting at NY Sears - 150$ of merchandise

    You ask the judge for a public Defender! not defendant thats you! You can also contact courthouse prior to court date and request one. If you request Public Defender in court your case will be delayed until you meet with one. The arrangments of how that will be done will be explained to you then

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