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  1. #1
    Join Date
    May 2012
    Posts
    1

    Default Can You Be a First Time Offender If You're Charged With Two Counts of Shoplifting

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

    Hi I was caught shoplifting yesterday at Walmart. They also had a video of me shoplifting a week ago in the same store. I understand that what I did is wrong and am ready to face the consequences. I already did some research and know that first time offenders can get a diversion which can involve classes, fines, and community service. However, the security at Walmart created two separate charges for my incidence, and the police filed two different summons report. The police officer told me that it would be one court case even though there are two summons. Now I am worried that I am unable to defend myself in court as a first-time offender as there are two charges. Surely one of them will end up on my permanent record? I am 17 and a minor. I really hope that my poor choice will not affect my future self in the long run.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Two Charges of Shoplifting, but One Court Date. Am I Still a First Time Offender

    2 charges = you are not a first time offender.

    You likely have been shoplifting for a while, and got away with it until now.

    You need to talk to Mom and Dad about getting legal and financial help. Because you are needing a Criminal Defense Attorney. You also have two Civil Demand letters coming in the mail, asking for a lot of cash. And court costs, fines.

    You also need a lawyer because different cities in NY treat criminals more harsh or less harsh. 17 may be considered an adult, which would affect your future (should have thought of that BEFORE stealing).

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Be a First Time Offender If You're Charged With Two Counts of Shoplifting

    If you're asking about the possibility of a diversion program, the question of whether or not you qualify will depend upon the terms of the program - and they can change a lot by jurisdiction, even within a state. You may still be eligible for an ACOD (adjournment in contemplation of dismissal) despite having two charges - that's something to discuss with a local lawyer or, if you prefer to do it alone, the prosecutor.

    At 17 in New York you're headed to adult court with the prospect of an adult criminal record.

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