My question involves criminal law for the city/state of: NYC, New York
The person was caught at Macy's, inside the store. The total for merchandise was calculated to be $250, and the person was fined the maximum for Macy's, and signed a bunch of papers. The person was arrested, taken to the police station, had the fingerprints and photo done, and was given a date to appear in court. Offense charged is PL 165.40.
Is it legal to stop and search a person's bags before the person leaves the store? Even though papers were signed, since the merchandise did not leave the store, is the person still obligated to pay the fine? There were no price tags on the merchandise so they were all given a flat-rate price-- is that allowed, since the actual cost of the merchandise might not have exceeded $100?
Should the person get a lawyer? Is it better to have a lawyer, or appear at court alone? The person may only be able to get a public defendant, instead of a private one. How helpful may the lawyer be, what advice would the lawyer give? Should the person consult a criminal attorney beforehand? If the person goes to court without a lawyer, how would this impact the judge's decision? Since this is petit larceny, what are the chances of this person going to jail? Is there anything the person can do, such as ask for ACD, or do community service, to keep from jail? Are there any additional fines that have to be paid? What would typically happen during a court appearance of this nature? This is the person's first offense. Will the record be sealed after a period of time if the person does not do this again? Will future employers be able to see this record?
This person has a legitimate reason for what has happened, will the explained situation affect the judge's decision?
Please advise.


