First Time Shoplifting, Will I Go to Court?

[victoria87]

hello

i am from new york city. my friend and i were caught shoplifting in Victoria's Secret. this was our FIRST and last time shoplifting. we both have NO records at all and we both are good college students. i am 18 and she is 19. they caught us as we were about to leave the store but we were not outside yet. my friend and i stole everything together but i held the bag that we put the stuff in and she had some items in her pocket. although the items were on sale and the employees rung it up to the retail price..they charged me for $150 and her for $50. we were escorted to this office. we were asked to write our names, address, birthdate and phone number down and told us that we were being detained for shoplifting and that was all.they did not tell us how they caught us or ANYTHING. our photographs were taken and we signed two papers but we had no idea what they were because they did not explain it to us. they called the cops and we were arrested. at the precint we were photographed and fingerprinted. they gave us a desk appearance ticket.

will i need a lawyer and how to do get a public defender?
my main concern is will this be on our criminal records?
is there any way to avoid a criminal record?
are there diversion programs available in nyc?
how can i have my records sealed or expunged? im not really sure of these terms..

THANKS IN ADVANCE!

by the way i live in new york city

[aaron]

You were arrested and charged, and even have a desk appearance ticket, so obviously you will go to court. You can ask at the criminal clerk's office, what the procedure is for obtaining a court-appointed lawyer. Your lawyer can explain the availability of diversion programs or other ways you might avoid a record.

New York law permits expungement of arrest records where the charge is resolved in favor of the arrested person:

1. Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision three of this section, unless the district attorney upon motion with not less than five days notice to such person or his or her attorney demonstrates to the satisfaction of the court that the interests of justice require otherwise, or the court on its own motion with not less than five days notice to such person or his or her attorney determines that the interests of justice require otherwise and states the reasons for such determination on the record, the record of such action or proceeding shall be sealed and the clerk of the court wherein such criminal action or proceeding was terminated shall immediately notify the commissioner of the division of criminal justice services and the heads of all appropriate police departments and other law enforcement agencies that the action has been terminated in favor of the accused, and unless the court has directed otherwise, that the record of such action or proceeding shall be sealed. ...

There does not appear to be any similar procedure for sealing arrest records in the event of conviction, even on a lesser charge.

[victoria87]

I went to court today and my lawyer asked for a ACD but the court said that it was not available at this time and i was issued another court date..what does this mean? what was this court date for? can i still ask for a ACD because i was never denied one in the first place..

i believe that i was charged with 4th degree petty larceny. i shoplifted $150 worth of items. 14 items i believe

what should be my expected sentencing? will i have to do jailtime?

again im located in nyc

THANKS!!

[IAAL]

what should be my expected sentencing? will i have to do jailtime?

My response:

Fourteen items? Wow! Since ADC was not offered, or available, it would appear that your next address is going to be Riker's Island. I hope you get on the jail boat, rather than the actual building.

At your next appearance, bring a toothbrush, and a change of Victoria's Secret underwear.

IAAL

[aaron]

Teasing aside, the best person to ask about a probable sentence is your lawyer. If you are convicted, a first time shoplifter will typically receive probation, fines, and possibly a community service requirement.

[victoria87]

was IAAL just joking with me? i am pretty worried about this matter i do not want to serve jailtime. i did not hire a lawyer and i believe that one will be appointed for me when i go to court that day so who should i talk to? has the court already assigned me a laywer already and can i talk to my lawyer before this court date because it is one month away. im just worried about getting jailtime. My first court appearance was at a community court and my next court date is at a criminal court. Does this mean that my crime was too serious and had to be sent to another court? will there be a jury for my case?

i am so confused

[aaron]

Did you petition for a court appointed lawyer? Did the court grant your petition?

As I stated, if convicted, a first time shoplifter will typically receive probation, fines, and possibly a community service requirement.