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Caught for Shoplifting, Should I Show Up at Court by Myself

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  • 02-24-2011, 12:16 AM
    dyyeon
    Caught for Shoplifting, Should I Show Up at Court by Myself
    My question involves criminal law for the state of: NYC
    hello,
    I was cought for shoplifting (value of $100). I was handcuffed, photographed, and fingerprinted at NYPD.
    The store has the CCTV recording on me, that is what the manager said, and he said he will not call the pollice if I behave and sign the paper.
    So, i signed the paper which basically says I commited this shoplifting.
    I got a paper that saying I must show up at the criminal court on 3/22.
    I read the postings on the forum regarding this issue.
    It seems like I fall into petit larceny and I could represent for myself or hire a lawyer or ask for a public defender. I have an f-1 visa (international student) and scheduled to leave the states after my graduation on mid-May. And this date cannot be changed.
    I know I will have to check Yes to 'have you ever been arrested'.
    but I don't want to check Yes to 'have you ever been convicted'.
    some says petit larceny is a minor crime so it would be easy to enter with court record.
    is it true?

    1. It seems like it will be hard to get ACD without the lawyer.
    the procecutor will only bargain with the lawyer for ACD?
    How much is the laywer fee?

    2. Is it possible for the international student to ask for the public defender?
    Yes my tuition is expensive and it is my parents who are sending the money oversea.
    And I can't ask them for any more money...
    I have only 300$ to my personal bank account.

    3. I show up at court and represent for myself. I would be convicted.
    And will I end up with a fine, probation and community service?
    I would have to try to expunge if i ever decided to come back to USA..

    How long does each process take?
    Can I start the community service right away?
    As I wrote on the top, I have to leave on mid-May.
    Oh, and is it okay to leave the country during my probation??
    What are other possibilities that will happened @ court?
    is there going to be people sitting at court room beside the judge, procecutor, security guard???

    Are the information I gathered are correct?
    Are there any other ways I can go?
    Oh, I should mention the judge that I would be leaving the country on May?

    I am sorry it is kind of long to read and I am babbling.. i can't think straingt..
    it is really a LOT to handle for me..ioi
    It would be really easier if I could hire the lawyer..
    I am just searching to get the BEST result with minimum $$.
    The money i would have to pay the store itself is already a lot..
    starvation is awaiting.....

    I would really really appreciate any comment and help.
    It would be helpful if people who have gone through the samething share their experience.. just tiny thing will be a great help.. like.. your trial took 20 min., there were only the judge, procecutor and yourself,,, it wasn't a bad experience to show up by yourself.. etc..

    THANK YOU for reading.. and i wll try to get some sleep now..ioi...
  • 02-24-2011, 03:54 AM
    flyingron
    Re: Cought for Shoplifting, Should I Show Up at Court by Myself
    Petty larceny in NY is a misdemeanor. Jail time is possible, but probably not likely. It will also take some explaining (you'll need to get an exception on the subsequent visa) but not catastrophic. I'd seriously recommend a lawyer and preferably one who understands the immigration aspects of the conviction.

    It is entirely at the discretion of the probation department as to whether you can leave the jurisdiction. Certainly your lawyer will address issues at sentencing. It depends highly whether you are in good standing at the time and what the reasons for the travel are. A good local lawyer will know what flies and what doesn't in the local courts and probation departments.
  • 02-24-2011, 07:55 AM
    PandorasBox
    Re: Cought for Shoplifting, Should I Show Up at Court by Myself
    As you have Immigration status to deal with, I concur with Ron...you need to talk to a lawyer who specializes in Immigration. You may find that Shoplifting = your F-1 Visa may not be renewed, or just plain cancelled.

    Even if you get a plea deal of a lesser charge, you will be checking "YES" to a Criminal Misdemeanor conviction. And yes, a background check can turn up the original charge of shoplifting.

    We can't tell you fines, etc for sure. We can tell you that between the civil demand, minimal legal fees, and court costs/fines...$2000 is a good figure.
  • 02-25-2011, 09:14 PM
    dyyeon
    Re: Cought for Shoplifting, Should I Show Up at Court by Myself
    thank you for your reply.
    i will talk to lawyer (for one time free consult only..) but i can't afford to hire one..
    i have to attend my sister's wedding that is why i was asking how long would it take to get through all these..
    do you know how long it would take?
  • 02-27-2011, 06:17 AM
    PandorasBox
    Re: Cought for Shoplifting, Should I Show Up at Court by Myself
    Definitely have the consultation with an Immigration Lawyer and also one with a Criminal Defense Lawyer. You definitely want to ask the Immigration lawyer how a misdemeanor charge will affect your Visa.

    If you can't afford to hire a lawyer, then go to court, plead Not Guilty and ask for a public defender.

    How long will this take? That really depends on a lot of factors, including the caseload in the court system.

    It is possible you may not be attending that wedding. When you first talk to a lawyer or the public defender, inquire on what you would need to do first - if you can be granted permission. You may have to post a bond to show you intend to return to face the charges. If you miss a court date - then a warrant is issued for your arrest and your situation is made even worse. Think of missing that wedding as a potential consequence of your actions.
  • 02-27-2011, 08:56 AM
    davidmcbeth3
    Re: Cought for Shoplifting, Should I Show Up at Court by Myself
    Quote:

    Quoting PandorasBox
    View Post
    As you have Immigration status to deal with, I concur with Ron...you need to talk to a lawyer who specializes in Immigration. You may find that Shoplifting = your F-1 Visa may not be renewed, or just plain cancelled.

    Even if you get a plea deal of a lesser charge, you will be checking "YES" to a Criminal Misdemeanor conviction. And yes, a background check can turn up the original charge of shoplifting.

    We can't tell you fines, etc for sure. We can tell you that between the civil demand, minimal legal fees, and court costs/fines...$2000 is a good figure.

    I would hope that we do not allow known thieves to enter or stay in our country.
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