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Penalty for Shoplifting in New York

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  • 11-28-2008, 09:42 PM
    greenature
    Penalty for Shoplifting in New York
    My question involves criminal law for the state of: New York

    Hi, i am a new member and I've just signed up recently because i am in desperate need of legal advice.

    I am 17 years old and recently i got caught shoplifting at a clothing store in Manhattan with one of my friend. I believe we were caught on camera. I stole approximately $370 worth of clothes! (i stuffed all the clothes in a big shopping bag) my friend stole about $70 ... the security officer asked me and my friend to go into a back room where we gave them our information, they took my pictures, info, banned us from the store and afterwards called the police. The police came and arrested us and drove us to the nearest police station. I was handcuffed and all, they took my information again, finger prints and picture. My friend and i was locked up in a temporary cell for 2 hours. One of the officers told me that they were going to send our prints to Albany to make sure we didn't have any criminal records *which we didn't! we've never been arrested before! Then we were released on no bail charges and they didn't call my parents, we were allowed to go home on our own. But nonetheless we were each given a white desk appearance ticket saying that if i don't show up on that date then there will be a warrant out.

    Here are some questions that I desperately need answers to:
    1) should i hire an attorney or ask for a public defendant?
    (I've googled criminal defense attorneys and called this one attorney whose requesting a fee of $1,000, which i;m not sure is it worth it) Should I hire an attorney or wait for a public defendant? What is the difference?
    2) Will colleges even consider my admission?/ will i ever find jobs..?
    3) I stole approximately $370 worth... Do I pay the amount that I have stolen or would i have to pay more?
    4) Will i have a criminal record? What is a diversion program, can a public defendant request that for me?

    If there was one stupid thing I regretted in my life, it is this. I am hoping to put all this behind me and move on, this feeling of shame and guilt has been haunting me for the past days.

    Any advice will be much appreciated. Thank you in advance!
  • 12-01-2008, 07:16 AM
    LawResearcherMissy
    Re: Shoplifting in New York
    Quote:

    1) should i hire an attorney or ask for a public defendant?
    (I've googled criminal defense attorneys and called this one attorney whose requesting a fee of $1,000, which i;m not sure is it worth it) Should I hire an attorney or wait for a public defendant? What is the difference?
    Public defender. You're the defendant.

    You're in some trouble, kiddo. Yes, you need an attorney. Whether it's private counsel or a public defender, you need one.

    There is no difference between private counsel and public defenders aside from workload and how they get paid. They're both attorneys who have sat for and passed the bar. The difference is that private counsel often makes mad bank, while PDs are paid from public funds, and it's pretty minimal pay. PDs see their work as service to society - they represent defendants who cannot afford private counsel.

    Quote:

    2) Will colleges even consider my admission?/ will i ever find jobs..?
    Yes to both, but it's going to be harder for you.

    Quote:

    3) I stole approximately $370 worth... Do I pay the amount that I have stolen or would i have to pay more?
    You may end up paying quite a bit more if the company decides to present you with a civil demand as well as pressing charges.

    Quote:

    4) Will i have a criminal record? What is a diversion program, can a public defendant request that for me?
    Without a diversion program, yes, you'll definitely have a record. With a diversion program and probation, probably not.

    A diversion program often includes a series of classes you're required to attend that essentially explain that it's idiotic to steal and explains the consequences thereof. Speak with counsel about whether or not that option is available to you.
  • 12-01-2008, 03:09 PM
    greenature
    Re: Shoplifting in New York
    Thank you so much for the post. I do have a few more questions...

    1) Are public defenders experienced, would he/she really fight for my case?
    ( I called an attorney and he told me that the public defenders in manhattan are usually new. they have little or no experience. he even mentioned that the ones I'll be getting for my type of cases usually started the job in September aka only has 2 months of experience!)
    2) I know for a fact that some stores such as bloomingdales, old navy, saks and charges shoplifters 3-5 times as much for the stolen items. Do you know if H&M does the same?
    3) Do you think a public defender would be able to fight for a diversion program for me? Would I even be considered for a diversion program?

    **** Is there anything i can/should do right now to help my situation? I know that for every stupid action there is a price to pay but right now I would do anything to keep this haunting stigma off my record.. I really don't want this is haunt me for the rest of my life... Once again Thank you VERY MUCH!
  • 12-01-2008, 03:20 PM
    panther10758
    Re: Shoplifting in New York
    Quote:

    Quoting greenature
    View Post
    Thank you so much for the post. I do have a few more questions...

    1) Are public defenders experienced, would he/she really fight for my case?
    ( I called an attorney and he told me that the public defenders in manhattan are usually new. they have little or no experience. he even mentioned that the ones I'll be getting for my type of cases usually started the job in September aka only has 2 months of experience!)We hav eno way to deny or confirm that
    2) I know for a fact that some stores such as bloomingdales, old navy, saks and charges shoplifters 3-5 times as much for the stolen items. Do you know if H&M does the same?I am guessing you mean Civil Demand and no we dont know and if we did it would still be a guess
    3) Do you think a public defender would be able to fight for a diversion program for me? Would I even be considered for a diversion program?Ask him

    **** Is there anything i can/should do right now to help my situation? I know that for every stupid action there is a price to pay but right now I would do anything to keep this haunting stigma off my record.. I really don't want this is haunt me for the rest of my life... Once again Thank you VERY MUCH!


    You can enroll in an Antishoplifting program. A judge will likely smile upon your efforts if you do. You can private message me as I have a contact for one such group that has such a program
  • 12-01-2008, 03:50 PM
    greenature
    Re: Shoplifting in New York
    Thank you so much for the post. I do have a few more questions...

    1) Are public defenders experienced, would he/she really fight for my case?
    ( I called an attorney and he told me that the public defenders in manhattan are usually new. they have little or no experience. he even mentioned that the ones I'll be getting for my type of cases usually started the job in September aka only has 2 months of experience!)
    2) I know for a fact that some stores such as bloomingdales, old navy, saks and charges shoplifters 3-5 times as much for the stolen items. Do you know if H&M does the same?
    3) Do you think a public defender would be able to fight for a diversion program for me? Would I even be considered for a diversion program?

    **** Is there anything i can/should do right now to help my situation? I know that for every stupid action there is a price to pay but right now I would do anything to keep this haunting stigma off my record.. I really don't want this is haunt me for the rest of my life... Once again Thank you VERY MUCH!
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