Caught Shoplifting in New York (18yrs Old)
My question involves criminal law for the state of: New York
I was caught with about $58 worth of merchandise from a department store. Police were called, I was arrested, finger printed and I have a court date about a month from now.
I've read up a bit and here is my plan
1) Get a free initial consultation with a criminal lawyer
2) Sign up for Shoplifters Anonymous (is it worth it?)
I haven't figured out anything past that. I'm guessing I should get a public defender, except I have no idea how to go about doing that...
I would like to have my case dismissed and possibly expunged. What should I do to maximize my chances?
Some information: This is my first time being arrested. I am 18 years old.
Please help me.
Re: Caught Shoplifting in New York (18yrs Old)
If this is your 1st time in trouble you may be offered an acd which would dismiss the case after 6 months if you stay out of trouble. There also something called youthful offender,either would leave you with out a record and your file would be sealed. You can go court and try to get a legal aid,see if an acd or the yo status is offered,if things don't seem to be going your way,then consider hiring a lawyer.
Where in new york did this happen? A lot time an acd is offered to someone in a situation like yours. If you granted an acd,makes sure you don't screw up again,they can refile the case . If a lawyer offers a free constellation it won't hurt to speak to them they can give you a good idea of what the outcome is.
Re: Caught Shoplifting in New York (18yrs Old)
It happened in the zip code area 10007. Near China Town.
After it's possibly dismissed in six month, will it be possible that my record is clean as far as the public is concerned? About how much would the court fee + civil demand equal? $500 or over?
What would I have to do to mantain my visa after i re-enter the states? I'm on the F1 which is the status for international student.
Thanks for helping. =(
Edit: also another quick question...would I have to plead not guilty in order to get and action to dismiss?
Re: Caught Shoplifting in New York (18yrs Old)
Yes plead not guitly,since you have immgration issues I would talk to an immgration lawyer just to be safe b.c that a biggier worry. Normally if you plead guitly you can request a legal aide,manhattan court is busy,since it's bigger city,your 1st time in trouble I think you should have a good chance to have an acd .
I have no idea about the visa issues. A friend of mind got charged with a serious crime when he was 17 and was granted youthful offender status,to avoid a record,he had a green card I don't know the exact status. Once the court issue is resloved don't lie on the applaction that would be worse. Check this thread out the person had a simlair problem.
http://www.expertlaw.com/forums/showthread.php?t=45644
Re: Caught Shoplifting in New York (18yrs Old)
Thanks for your reply guys! Some more information after scouring the web, for anyone who has the same problems.
First, I am between the ages of 16 and 19 which classifies me as a youthful offender. This means that if my case is not dismissed or w/e it'll be automatically sealed, so this means I won't have to go through the lengthy and expensive process of expungement. Thank goodness.
Next, I read around and found that one should try to plead not guilty no matter what at the arraignment which what you go to if you have a DAT (Desk Appearance Ticket). I also found out that the best case scenario is an ACD (Adjournment in Contemplation of Dismissal).
I've asked some immigration lawyers, and they said if I have an sealed record of a an ACD, this should not effect my visa upon entering the US nor the renewal of the Visa. I didn't ask them if it was ok if it was a CIMT or a violation or w/e.
Now, a few more questions for anyone who cares to help. I'll be looking all over the place online for answers. Criminal attorney's are too expensive and they can't answer all my questions, so I can't afford them. =(
1. Can I get my record expunged, not just sealed after a successful dismissal of the case?
2. What is this National Retail Theft Database I'm starting to hear about? I mean, alot of this for alot of people is to keep their good repute. That's why we're willing to jump through so many hoops to keep our record clean.
If you don't know what it is look here.
The database.
It's not government related at all, it's confidential information divulged by "member companies" for other "member companies" and it's ruining lives.