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  1. #1
    Join Date
    Aug 2014
    Posts
    3

    Default Shoplifting Charge for a Fake Return

    My question involves criminal law for the state of: new york i have a Desk Appearance Ticket date in mid sept for theft of 230usd of goods (fake return...i paid 230usd for the original purchase of the items and left the bag on the train. i stupidly thought i could recouperate the loss via a fake return at another store) , this is my first arrest, i have never had a criminal record. at the DAT date in Sept, will the judge give a final decision? or will i need to reappear for another court date? i am beign charged with pety larceny 155.25

  2. #2
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Desk Attendance Ticket First Time Offence for Fake Return

    It could be finished in one appearance or a couple . Plead not guilty and ask about an acd (it will dismiss and seal the charge if you stay out of trouble for 6 months). Sometimes they offer to reduce the charge to disorderly conduct,which is a violation and not a criminal conviction in ny. The acd is better because it seals the charge more thoroughly. I would try to speak to a legal aid real quick and if u don't get offered an acd then try hiring a lawyer and see if they can get you one

  3. #3
    Join Date
    Aug 2014
    Posts
    3

    Default Re: Desk Attendance Ticket First Time Offence for Fake Return

    thank you very mu for your reply, few questions:
    1)i will attend the DAT court date, but will be out of the county for 3 months shortly after the DAT date - will that be an issue? can i have a lawyer represent me - assuming that the case is not closed during my DAT court date?
    2)when i hire a lawyer, will they start working with court immediately or cannot do anything until my DAT date?
    3) how likely is it to get a ACD agreed during the DAT date?
    thank you very much for your help

  4. #4
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Desk Attendance Ticket First Time Offence for Fake Return

    A lawyer will help increase the chances of getting all done in one appearance but nothing is certain. Call a few lawyers,they probably offer a free consultation.

  5. #5
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Desk Attendance Ticket First Time Offence for Fake Return

    1)i will attend the DAT court date, but will be out of the county for 3 months shortly after the DAT date - will that be an issue?
    Do not expect you will be able to go if convicted.

    if you end up sentenced to jail time you will not be able to go, you face up to 1 year in jail.

    if you get no jail but get probation you will need permission from probation to leave the area let alone the state or country, and I don't think they will give you permission right away.

    you need a lawyer if you want to have a prayer of making that trip.

  6. #6
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Desk Attendance Ticket First Time Offence for Fake Return

    Nyc courts are extremely busy,your case is not a big issue to them. I think with a good local lawyer you can get a favorable result in one or two appearances,if not that then def the third time.

  7. #7
    Join Date
    Aug 2014
    Posts
    3

    Default Re: Desk Attendance Ticket First Time Offence for Fake Return

    i work for a bank and a ACD will not be a favourable outcome, as it will imply that my career in finance is over.....is there anything else that can be requested during the DAT date?...details of court case : It found that New York’s ACD program is a “pretrial diversion or similar program” and that, according to FDIC policy, crimes of dishonesty include those in which the defendant is accused of wrongfully taking property from another in violation of a criminal statute. Because under N.Y. Penal Law a “person is guilty of petit larceny when he steals property,” Smith’s crime was covered under the FDIC definition of dishonesty. Accordingly, the Court held that Bank of America was required by federal law “not to hire [Smith] after being informed of the results of her background check” and that the bank “did not violate [N.Y. Exec. Law §] 296(16) by refusing to hire her in the absence of a waiver by the FDIC.”

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