17 Year Old Shoplifting New York

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

My 17 year old daughter was caught shoplifting a key chain ($5) from Spencer's in a mall in Buffalo, NY. The police were called and she was taken to the police station, fingerprinted and they also took a picture. They let her call me and I went to get her. Since we are from S. Ohio and were in NY for a short family visit, I had to post a $250 bail for her. She does not have a driver's license and had no ID on her. I used my license for ID for the bail. We were given a receipt for the bail and an appearance ticket. The charge is "petit larceny section 155.25." We must go back to NY for the court appearance in the beginning of August.

This is her 1st offense and the first time I have had to deal with this. No one in my family has had any experience with this either, so they have no advice & I am a nervous mess. I have read several of the threads, but I am not sure what to do next. Do we need to get a lawyer? We really can't afford one so I am having panic attacks. I wanted to get this over with in one trip to court (since we are so far from NY), but, as I understand it, that entails pleading "guilty" while pleading "not-guilty" means another court date. She is in the process of looking at colleges and we are frantic about her having this on her record. I don't even know what to expect in terms of penalties. Any help or suggestions is greatly appreciated.

In my case, I got a lawyer, and everything was taken care of in 1 court appearance.

As for your daughter: I'd make her responsible for paying the legal fees, civil demand, court costs, and the travel expenses to New York. It will definitely open her eyes as to how much shoplifting can cost a person.

Penalties and fees/fines depend on state. Civil Demand can be anywhere from $200+. Court costs can be around $300+. You'll want to consult with a lawyer for sure, atleast do the free consultation many offer.

17yr old...

in my friend's case,
35 dollar fine,
35hrs community service,
take a class.

since its a juvy thing, all records will be erased after she turn 18

17 is considered an adult in new york,Since it such a small amount there always a chance for a dismal. If not she should be able to get an acd or youthful offender,both of which would seal the case and leave her with out a criminal record. When I went to court in new york for something minor I was offered a legal aid,idk how that county works. You might be able to set up the acd on the 1st time b.c it's such a small amount,it's her 1st time in trouble,and she lives far away. She should push for an acd,if they don't dismiss her case right off the back.

An ACD is (after six months) a dismissal with no criminal consequences: no criminal record, no rap sheet, with all records of the prosecution sealed and expunged. There always youth offender status for some 17 or 18 of age it simlair. My friend who was 18 was charged with felony buglary and was able to get youtful offender. Normaly if minor crimes like this,1st time offender can get an acd. I wouldn't plead guilty b.c the criminal record always gonna be there. I understand it's stressful,I would relax and how it goes when you 1st go to court.If for someone reason they want to persue the case,then hire a lawyer. The store was probably just aggressive on shoplifters.

She has to understand she only gets one shot at a diversion,if she screws up they can retry and remove the acd.

17 is an adult in new york.She may even get lucky and get a straight out dismal b.c it's such a small amount. She should ask about an acd,when I went to court for something minor I was offered a legal aid.That court system might be different. There also something called youthful offender for 17-18 year olds,thats seals the case as well. She might even be able to reslove the case in one day.The could offer her an acd and say stay out of trouble.If she very lucky they might just dismiss the case b.c it's such a small amount.

If she does anything else wrong the acd can be reopend and they could refile the chare.Don't plead guitly because she would be stuck with a criminal record. An acd or youthful status would be the best thing besides the case just getting thrown out.She should be to get an acd b.c it's her 1st time in trouble,it's a minor crime,the amount was small. My friend was charged with felony bulgary and he got youthful offender status. I think for misdeamanors 1st time offenses an acd is pretty common.

There info about an acd here .Idk about youthful offender,my friend was offered it and when I was in court some girl who stole a 200 dollar jacket got that as well.

http://lawprofessors.typepad.com/adj...-i-take-t.html

Thank you everyone for your advice. We did hire a Buffalo lawyer and just returned this week from our court appearance. In NY, she is not a juvenile at 17. My daughter was very distraught about what she had done and this learning experience was definitely a deterrent. Before we went to Buffalo for the court appearance, we had to go to the juvenile courts (in Ohio, she is a juvenile at 17) in our city to get proof she had no criminal record. I made her come with me and I was glad that was also a stressful experience for her. The court room was packed and she was surprised that as people wait their turn to be called before the judge, they can hear everyone else's case. That also was embarrassing for her. Our lawyer talked to the prosecuting attorney before the appearance and arranged for an ACD. The judge asked her a few questions and told her this was a "lesson learned." He granted the ACD and she did not have to do any community service or a shoplifting class. She was VERY lucky. In 6 months, the court will review her record and seal the case if there are no other incidents. Our lawyer will send us paperwork to show she was not convicted. He also said that unless she is applying for a job at the CIA or FBI in the future, this should not be a problem. I am very grateful we hired a lawyer and he worked out the ACD. It was comforting to have an expert help us through the process and was worth the money spent. I hope to never go through an experience like this again.

Did the lawyer plead for "nit guilty" or "guilty" ??