Arrested for Shoplifting in NYC, First Offense

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Quoting PandorasBox

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And...the P.D does come with a payback obligation, so don't think he/she is a "free" lawyer. You will be asked to pay a few hundred dollars.

As for your defense....yes, in taking the case to trial you are asking the store to prove you are guilty. I am sure you signed documents at the scene stating what happened. Also...that little thing called security cameras. And the Loss Prevention staff who detained you. So if you really want a "not guilty" plea and trial....take that into consideration.

What is the value of the items you stole, exactly? Forget the range, give the exact amount.
What did you sign or write down?

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Okay, my understanding of the way an ACD works in New York, (which is only based on several articles written by attorneys, as I have not spoken to one yet) rather than plead guilty to the charge you instead have the charged dropped and are put on a six month to one year probation. If you breach that probation you will be charged with both crimes, if you do not the charge is dropped and your record is sealed. In this route I will not have to prove my innocence. My second best option if the ACD is unavailable would be some sort of diversion program in which the charge would be reduced and I would have to plead guilty. I do not have any intention for trying to prove my innocence as that would be near impossible considering the fact that I clearly stole from the store and like you said, have plenty of evidence against me.

As for the value of the merchandise all I can really give is that estimate. I stole four articles of clothing, two of which were identical products. I made an attempt to determine the prices online however two of the items were not on their website, The other two (which were the two identical products) fluctuated in price online, being listed for $42 to $47. The two items which were not listed on the website were in clearance, I do not know if they will consider the original price or the sale price for my arrest.

The statement I signed stated that I admit to shoplifting and am barred from their store. After I signed that they stapled two pages on top of it which they would not let me read.

I'm sorry for the lack of information.

They consider the original price when adding up the theft total.

You really do need a lawyer.....

Today I was able to speak to several lawyers over the phone and gave them the full details of the incident. Each of them said that it is highly likely I will receive an ACD. Additionally, Monday afternoon I will be meeting with an attorney whom I am considering employing if I am able to get together the money needed. While I hope to be able to do this, if I am unable to pay for his services I will request assistance from a public defender.

Yet you can afford college and housing. Amazing country we live in. ACD is usually limited to first time offenders. You are a four time offender. I doubt the judge will be very generous. How is it you afford food, housing and college?

I have one question regarding the court proceeding which all of the private attorneys avoided answering. Is it possible to appear in court on the first day with a public defender and then if I am not offered an ACD, return to court with a private attorney at a later date to fight for a ACD?

If not is there a way to find out if an ACD is not being offered prior to my court date so I can take appropriate action?

What makes you think a private attorney will be able to guarantee you an ACD if a public defender cannot?

I don't think either can guarantee an ACD, however based on what I have read in other threads on this site my general impression was that if I want to fight for an ACD I should hire a private attorney and that if I had a public defender chances are they would not push as hard for an ACD and be more inclined to settle for a lesser charge. As I have no personal experience with either a private attorney or public defender I am relying on the information provided by others.

Also the private attorneys I had spoken with also seemed act as if only a private attorney would fight for an ACD and that an ACD would not be available without a fight (in their case I took the assertion with a grain of salt as they could very well be trying to scare me into hiring them, although feel I must act on their information unless I hear otherwise just to be safe).

Any insight into the matter would be appreciated as I have been piecing things together as I go.

The difference between a private attorney and a public defender...

(1) A clients finances. If you can afford a private lawyer, you will not be granted a public defender.
(2) While the P.D. may have more experience in cases such as yours....he/she won't have as much time to dedicate to your case.

Everyone I had spoken to trying to find out how to obtain a public defender for a Desk Appearance Ticket has told me that I just need to go to the court and ask for one. I had contacted a public defenders office in NYC who told me that, I then asked them if I need to provide my financial information and they said no. This going against everything I had heard on this site, I contacted the court who told me the exact same thing. I then asked what I needed to bring to prove my eligibility and they said I didn't need to prove anything I just have to request one. I do not know if this is specific to the Desk Appearance ticket in New York or if I am being given wrong information by the court/public defenders office.