ExpertLaw.com Forums

What Happens to First-Time Felony Shoplifters

Printable View

  • 08-20-2013, 12:00 PM
    1LastBreath
    What Happens to First-Time Felony Shoplifters
    My question involves criminal law for the state of: NY
    I'm 17 (as of the end of May) and this is the first and last time I'll be doing something so stupid. so I got caught shoplifting a bit over $500 worth (it was mostly because of expensive colognes) at a JCPenny in Queens Center Mall. It was all recorded on video. They had me sign a paper saying I cant return to the mall for a certain period of time and said I might have to pay up to 5 times the stolen amount if the store wants me to. This was in July, and I have a court appearance at the end of September. The security at the mall and the police at the precinct said since it's my first time and that Im 17 that it should be fine, and the police officers specifically said that this won't go on my records to affect college or job searches, that it would be sealed. They said that all I have to do is go to court on the given date and the judge may have me pay a fine of $50, $200 or more, it could vary and that I wouldn't get anything on my record or jail time or anything. They took my picture and finger prints at the precinct which took about two hours. There was no bail and I was let go the day of. I never got any letters for paying the store 5 times the amount, and it's been almost a month.. is that good?

    I've done a bit of research and it seems that this counts as a felony (since its over $500) and so I will be tried as an adult even though I am 17 years old. Does this mean it will affect my record or anything? I've also read online to plead not guilty and try lowering it to an ACD (which seals the case, which is what the officer seemed to have told me about. He didn't mention an ACD or anything but he said I wouldn't have to worry and that it will be sealed regardless for my situation) but I read that ACD isn't very likely to happen.. what do I do? I'm very worried and of course will not do this ever again. I don't work or anything, but I have some money saved up. I don't want to get my parents involved.. that will devastate them. The police said I wouldn't have to tell them and it would be fine. Also we can't really afford a lawyer or anything.. is there a way of getting free assistance or help somehow? Can I just do it on my own?

    So what should I do? Do you guys think I'll have to pay the store? They haven't contacted me at all for the 5 times amount. Can I avoid getting a lawyer/attorney and still get the case sealed and not affect my record at all? How much will I have to pay the court and will I have to do community service or anything if I can't pay the court or the store? And is there anything else I would need to know?
    Oh and what happens at the court? What will they make me pay for and do on that day? What should I do now and before the court appearance?

    All help is appreciated greatly, thank you!!
  • 08-21-2013, 06:07 AM
    PandorasBox
    Re: First Time Offender, 17 Years Old in New York of Shoplifting Over $500. What Happ
    You are going to need a Criminal Defense Lawyer.

    $500+ is not first time stealing....it's you've been stealing for a long time and it's the first time you got caught. The prosecutor and judge will be making note of that amount.

    Yes, it can affect your job and college options. Because you sure won't be working retail, and you sure won't be working around money, pharmaceuticals, or the vulnerable population.

    In court...you can expect court costs and fines. Probably costs for Probation, community service, anti-theft class.

    And yes, expect that Civil demand to arrive.....

    Oh....17....it may be required that your parents be in court with you.......either way, you need to fess up to them. How will you explain your absence during your possible jail time? And I assume you are still in high school and will need a parents note for missing school......

    - - - Updated - - -

    Ah...a little research.....17, you are an adult in NY. Which means your record won't be wiped clean at 18.

    you need a lawyer. and you still need to tell your parents, unless you have several thousand dollars on hand. (Civil Demand, anti-theft class, court costs and fines). That Civil Demand when it comes can cost you $2500 right there.

    Find a job asap.
  • 08-22-2013, 02:52 AM
    tc498
    Re: What Happens to First-Time Felony Shoplifters
    Given your age you may be able to get youthful offender status which if you stay out of trouble you will have no record and the files will be sealed. Tell your lawyer that your would really like to get an acd or youthful offender b.c you don't want one dumb mistake to stick with you for ever. You plead not guitly and see what your lawyer can work out for you. It might take a few times to resolve this issue,if you can't afford a lawyer plead not guilty and ask for a legal aid. They might just offer to reduce charge to a misdemeanor.




    http://www.nycourts.gov/courts/7jd/c..._sealing.shtml
All times are GMT -7. The time now is 03:46 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved