Written Down for Breaking a Different Law

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

I was caught shoplifting a $4 shirt, and was given a summons. On the ticket, however, I was written down for trespassing (in violation of penal law 140.05). I know that trespassing is not as bad as retail fraud, but can someone tell me why the police wrote trespassing and not retail fraud? Not that i'm complaining. And when I go to court, what do I tell the judge? Do I stick with the trespassing charge or tell him what really happened. Thanks in advance.

If you want to know what motivated the police to charge trespassing, ask the police officer. If you were trespassing, presumably he could have charged both trespassing and theft.

If you want somebody to tell you how to plead in court, retain a lawyer to advise you. There are hundreds of threads in this forum outlining your options.

I answered this yesterday.

You should have your lawyer address this ...

Be thankful this is a violation a non criminal charge,where as theft is a misdemeanor in ny. Plead not guilty and try for an acd,if not the fine is probably about 25-100 dollars .

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Quoting PandorasBox

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I answered this yesterday.

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Yesterday it was a $5 shirt, while today it's a $4 shirt. Sale?

Well, he did try to give himself the 5 finger discount.....