Accused of shoplifting in NYC when traveling

Hi, Please help.

My best friend was arrested for shoplifting at a comestic store in NYC when she was visiting the city from outside of NY state. The value was about $800, and she was caught when she had not walked out of the store yet. The security staff promised only to sign some forms and no record outside of the store, so my friend signed the paper since she was still hoping to catch her airplane back home that afternoon within one hour from the time she was caught and was hoping to cooperate so can get away more quickly. But then policemen came and arrested her after she finished the paper forms.

Before she went to see the judge, the public attorny communicated with her briefly and suggested her to fight. So she followed the suggestion and was released on court but has to go back to some Court B again with a lawyer in Jan. 2006. Now she is at the edge of going crazy and I want to help.

I was shocked to know this since she has been such a honest, kind, and elegant person in my eyes. I don't know what's wrong with her at that moment, and she seems to have no idea about how she could do this either. She is going to finish her Ph.D program in one or two years, and now was deeply upset by herself and wants to quit everything and go back to her homeland, and frankly I'm worried that she may kill herself.

I'm seeking some information for her. Any help is deeply appreciated.

(1) Could you please refer some seasoned lawyer that can practice at NYC for her? The court is at the Central Stree 100 which I believe is the New York (Manhatten) Court.

(2) What kind of legal options can she have now?

(3) Should she goes to trial directly, or just plea for guilty in her appearance in January at Court B (sorry, either of us know for sure what is that procedure called?)? What likely happen to her in either case? What can be the best and worst result for her?

(4) She is very worried about the arrest or criminal (if convincted) record. Is there any possibility for her to erease the record? (according to my research online, there is no way to erease the arrest record, is that true?)

(5) Will her school know about this? (She is an international student, and her univeristy is not in NY state).

(6)How much in general will a lawyer cost for this kind of case? (She is a student and cannot affort a lot, but will do whatever she can.)

(7) She told me that she was too bad/shameful to do so, but she had not sleepped for three days due to busy school work and long trips when she did the most stupid thing in her life. She does not know whether the sleep depreviation made her a little insane. I had felt that she was deeply depressed for some days before her trip. I personally do not know whether it will help her to use some tempory mental problem to defend herself. Will that make things worse for her, such as that she has to live in some mental hospital for weeks and get recorded for this?

I'm sorry for asking so many questions at one time, but I'm really worried about her. I do not want to see a lovely and kind person was destroyed by one mistake. She needs to accept the punishment she deserves but I believe she still deserves a second chance. She lost 5 lbs in a week and I'm so worried that she will kill herself.

Please help. Thank you very much.

With no offense intended to your friend, shoplifters often have similar excuses when caught. That she was stealing cosmetics (a very common target for shoplifters) and tried to steal $800 worth, suggests that this is not her first time as a shoplifter.

Most of your questions are those she would be best served by asking a criminal defense lawyer she retains to represent her. She should consult a lawyer who is familiar with immigration law issues, as she presumably wishes to achieve an outcome that won't jeopardize her visa.

Mr. Knowitall,

Thank you a lot for your insight.

I'm not clear about the entire incident, but I do not think she has ever committeed something like this before. She was a girl and spends most on comestics/skin care, and this type of products are expensive I guess. So I was not thinking about the incident as you think at all and now I hope your are wrong (but thank you for the insight).

Now, I'm also a little worried that maybe the judge may think in a similar way as you think even there is no evidence but just by personal experience? (but the judgement can be wrong!!) Can judge make inference like this? At least, will judge let her to
explain for herself(well, I guess even she is given the opportunity to explain, actually it won't help at that time point.)

:shock: :cry:

In my case the DA had a soft corner just for two things.

1) My lawyer presented the case saying that I had an outstanding education(I don't have a Ph. D, just MS in Chemistry) and I have extensive teaching experience.

2)Secondly she had sent me to an Psychiatrist and he had given me a report.

3) I had explained the incidence to my principal and she said that she could be a character witness. She gave me a very good recommendation letter.

My lawyer had presented 9 recommendations from US as well as from my homeland.

This worked for me. All this happened because DA was a kind man.
Also I did not have to do the CAL TRAN instead just tutor kids.

I don't know if this info is going to be of any help!!!