Shoplifting in State of New York

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

Hello,

I need some advice for my friend who has to face charges in court for petit larceny. I'll paint you the story of what happened;

She was caught shoplifting at Macy's with something like $500 or more of clothing. She was taken in by LP and payed the resitution fee of $500 right away. The cops came and took her to the station and she was fingerprinted and everything and let out on $100.00 bail. She has an absolute clean record. Now the thing is, were Canadian and she was arrested in New York. Her court date is next week and I just want to know what we can expect for it. I think she just wants to go and say she's guilty, what would happen? What will the judge say? I know she will face penalties which she is more than willing to but how harsh will they be? And will being Canadian affect anything?

Thanks for your help!

duplicate post

http://www.expertlaw.com/forums/showthread.php?t=53039

So, can you still help?

Mr. Knowitall gave you the correct reply

No input at all from anyone other than that??

Other than talk to an Attorney (as suggested) you want to talk to faceless persons of unknown backgrounds and get their advice!?:rolleyes:

With thanks to Aaron

Petit Larceny

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That statute provides:

Quote:
Quoting New York Penal Code Section 155.25 - Petit larceny.
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A person is guilty of petit larceny when he steals property.
Petit larceny is a class A misdemeanor.

Accordingly,

Quote:
Quoting New York Penal Code Section S 70.15 - Sentences of imprisonment for misdemeanors and violation.
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1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed one year; provided, however, that a sentence of imprisonment imposed upon a conviction of criminal possession of a weapon in the fourth degree as defined in subdivision one of section 265.01 must be for a period of no less than one year when the conviction was the result of a plea of guilty entered in satisfaction of an indictment or any count thereof charging the defendant with the class D violent felony offense of criminal possession of a weapon in the third degree as defined in subdivision four of section 265.02, except that the court may impose any other sentence authorized by law upon a person who has not been previously convicted in the five years immediately preceding the commission of the offense for a felony or a class A misdemeanor defined in this chapter, if the court having regard to the nature and circumstances of the crime and to the history and character of the defendant, finds on the record that such sentence would be unduly harsh and that the alternative sentence would be consistent with public safety and does not deprecate the seriousness of the crime.

Thus, a sentence could range from probation to one year in jail, with assessments of fines and court costs.

The outcome would likely be most affected by her past record, if any. A local lawyer should be able to give her a pretty good estimate of her likely final sentence, along with informing her of any altnernative sentencing options that might be available.

Hi.... i read your post and i have the same problem it happened in buffalo yesterday and am a canadian. what is your advice for me and how did your friend's situation go

Get a good solid private attorney if you can afford it. If you need to get legal aid ask them to get the charges dismissed or get an ACOD.