Caught Shoplifting in New York Recently
My question involves criminal law for the state of: new york
i am a new member and just signed up for some help... :[ so stressed right now
:wallbang: just last night, i got caught shoplifting from my local target. i was already out of the store. and someone asked me to honestly answer if i took games (they had me on camera), to which i answered yes, and they told me to follow. i took forty dollars worth of video games, and now do i only realize that shoplifting is not worth all this trouble. the store asked me to come into a back room where they took down my information and afterwards called an officer. the officer then took down my information, handcuffed me, and brought me down to the station for "processing" where they took my information again, my picture, and my prints. i then required a twohundred dollar bailout, of which my father couldn't pay. so an arrangement was made with the sarge, of which i couldn't hear. we received an orange form, of which i hadnt read thorougly yet and i have a scheduled court appearance on december thirtieth. if i don't show up ,there would be "a warrant out for my arrest." this is a first time offense.
i am seventeen years old, and what i have done was stupid. i have had clean record until now.
my questions are as follows...
-am i considered to have been arrested?
-will what i have done be considered a misdemeanor?
-am i considered a minor in new york?
-what's the worst/least punishment i can receive?
-what should i expect at the court appearance and what will happen there?
-is there anything i should be doing at this point? contacting any people? my cousins got caught some time ago when he was an adult and he just went to his court appearance with his dad.
-will my future be considerably affected?
-i am a senior in high school, with an estimate of a 3.75 GPA, looking to apply to several colleges online, so when a college asks if i had any run-ins with the law, what should i answer/ yes? or no? will this considereably affect my admission?
i'm so sorry for myself and what i have gotten myself into, and the shame my parents have to deal with. thanks so much for any help!
Re: Caught Shoplifting in New York Recently
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Quoting
krisalexsan
my questions are as follows...
-am i considered to have been arrested?
Yes.
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-will what i have done be considered a misdemeanor?
As you have described, yes.
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-am i considered a minor in new york?
Unless you have been emancipated, you are considered a minor in every state.
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-what's the worst/least punishment i can receive?
What is the exact statute number on the ticket you received?
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-what should i expect at the court appearance and what will happen there?
You will be asked if you are innocent or guilty.
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-is there anything i should be doing at this point? contacting any people? my cousins got caught some time ago when he was an adult and he just went to his court appearance with his dad.
You should be looking to get an attorney. If you cannot afford one, plea innocent at your hearing and one will be appointed for you.
In the meantime, you should begin selling everything you own. This is going to cost your parents a fortune.
You will be receiving a civil demand from Target worth several hundred dollars. Pay it. This is above and beyond what the criminal fines will be.
You will most likely receive probation, a large fine and community service.
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-will my future be considerably affected?
It depends what you were planning on doing. For instance, if you were planning on entering law enforcement, you should rethink your options.
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-i am a senior in high school, with an estimate of a 3.75 GPA, looking to apply to several colleges online, so when a college asks if i had any run-ins with the law, what should i answer/ yes? or no? will this considereably affect my admission?
I always recommend answering a question with the truth.
The Expert Law crystal ball is still out for repair. We do not predict the future and cannot know how much your actions will effect your future in detail.
What you need to do is find a job to begin to pay them back... but don't plan on finding one in retail. Your name was entered into the National Theft Database and your career in retail is pretty much over.
You live in new york... I recommend leaf raking and snow shoveling.
Re: Caught Shoplifting in New York Recently
sorry. it wasn't an orange ticket. it's a pink ticket. it was dark last night, duh, and i thought it was orange.
but on the ticket, it says...
UNIFORM APPEARANCE TICKET
my information
and what i was charged with or however you say it with
-section 155.25 petit larceny
any infor or help you could pull form this? thanks.
Re: Caught Shoplifting in New York Recently
That statute provides:
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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,
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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.