Theft of Services Charges for Stealing Food

[kbt4]

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

Hello,

I am a broke college student that got cocky and stupidly decided to shoplift groceries from Whole Foods in the First Precinct (TriBeCa) on 11/17/2016. Although I had a bag full of groceries, they only ended up charging me over the hot bar meal that I ate without paying on the second floor, which amounted to $17.

The official offense is PL 165.15 M9. Theft of Services. I got handcuffed and got held in a holding cell for an hour and a half while they fingerprinted me, took a picture, and filled out paperwork. I was let free after three hours and given a Desk Appearance Ticket with a court date in January. This is my first run in with the law ever.

This behavior is not normally like me, but I have had a really stressful semester and am very low on cash so I made a bad decision. I also suffer from ADHD and Asperger's syndrome, which I feel may have been a contributing factor to my lapse in judgement.

How should I proceed? Do you offer payment plans? If needed, I can pay back the merchant and try to avoid court? I was thinking of asking for an ACD or similar diversion program. How do these work; are there any pre-trial diversion programs in NYC?

One more question (sorry, I'm a bit anxious!): is there a way to get a trial date moved, preferably earlier? The date assigned is during my winter break and I will not be in town From December 23-January 20. It was assigned to January 9.

If it helps, I am a student living in NJ but I am originally from Virginia. I am also banned from all Whole Foods stores in the country. Please let me know if you need any more details, I can provide. Thanks in advance for your help.

[Highwayman]

Payment plans? You're looking at a misdemeanor charge which could involve jail. What payment plans?? And no, you can't pay someone off to "avoid court".

Your medical "condition" is not any excuse for stealing. You're lucky you didn't get charged with Larceny also.

It's too bad about your court date - maybe you need to hang around to go to court or you'll end up with an arrest warrant. You need to decide what is the priority - dealing with your criminal case or going on your vacation. It's not like NJ is another country. You're saying you can't come into Manhattan from NJ?? You can try contacting the court to have them change the date but I wouldn't count on that working.

You need an attorney - this is not a do-it-yourself job. If it was a simple criminal summons maybe, but you were arrested and charged with a Penal Law misdemeanor - that's much more serious.

[flyingron]

Public defenders are for the indigent who are unable to obtain private counsel. It's not some default for those who are unwilling to pay their own way.
At your first hearing, you can request a PD, and you will be questioned as to determining your eligibility.

Get the "I've been stressed, have ADHD, Aspergers" chip off your shoulder. It has no legal bearing as HightwayMan told you. You're going to learn that once you get out of school, you'll find you can't just play the "special ed" card to get off on things.

What you can hope for is a thing called an Adjournment in Contemplation of Dismissal. If this is offered to you, it's probably a good deal. If you keep your nose clean, you'll avoid a criminal record. No there is no amount of money you can pay after the fact to make the fact you broke the law go away.

[jk]

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

Hello,

I am a broke college student that got cocky and stupidly decided to shoplift groceries from Whole Foods in the First Precinct (TriBeCa) on 11/17/2016. Although I had a bag full of groceries, they only ended up charging me over the hot bar meal that I ate without paying on the second floor, which amounted to $17.

The official offense is PL 165.15 M9. Theft of Services. I got handcuffed and got held in a holding cell for an hour and a half while they fingerprinted me, took a picture, and filled out paperwork. I was let free after three hours and given a Desk Appearance Ticket with a court date in January. This is my first run in with the law ever.

This behavior is not normally like me, but I have had a really stressful semester and am very low on cash so I made a bad decision. I also suffer from ADHD and Asperger's syndrome, which I feel may have been a contributing factor to my lapse in judgement.

How should I proceed? Do you offer payment plans? If needed, I can pay back the merchant and try to avoid court? I was thinking of asking for an ACD or similar diversion program. How do these work; are there any pre-trial diversion programs in NYC?

One more question (sorry, I'm a bit anxious!): is there a way to get a trial date moved, preferably earlier? The date assigned is during my winter break and I will not be in town From December 23-January 20. It was assigned to January 9.

If it helps, I am a student living in NJ but I am originally from Virginia. I am also banned from all Whole Foods stores in the country. Please let me know if you need any more details, I can provide. Thanks in advance for your help.

you need to drop the "oh woe is me. Life is tough and stressful. I'm not like this normally. I have ADHD and aspurgers."

the statement itself is contradictory. If you want to blame it on ADHD and aspurgers then it would be your norm but your claimed lack of prior similarly stupid actions suggests the ADHD and aspurgers had nothing to do with it. It was simply an act of stupidity on your part and it sounds like you want to blame it on anything but you making a stupid decision to commit a crime.


You can try to change the appearance date but don't expect it. If you have to spend your winter vacation where you are now so you can attend the scheduled date, then find a way to do it.

Since you are in college, it suggests you fail the means test and won't be eligible for a public defender. PD's are for those that cannot afford an attorney. If you can afford college, you can probably afford an attorney.

It's time to grow up and realize you broke the law. You may end up with a criminal record that will follow you for life. This is now an extremely serious issue for you.

[kbt4]

Payment plans? You're looking at a misdemeanor charge which could involve jail. What payment plans?? And no, you can't pay someone off to "avoid court".

Your medical "condition" is not any excuse for stealing. You're lucky you didn't get charged with Larceny also.

It's too bad about your court date - maybe you need to hang around to go to court or you'll end up with an arrest warrant. You need to decide what is the priority - dealing with your criminal case or going on your vacation. It's not like NJ is another country. You're saying you can't come into Manhattan from NJ?? You can try contacting the court to have them change the date but I wouldn't count on that working.

You need an attorney - this is not a do-it-yourself job. If it was a simple criminal summons maybe, but you were arrested and charged with a Penal Law misdemeanor - that's much more serious.

What I meant is that I'm an out of state student and I will not be in the tri-state area at all during those dates. Of course I can come into Manhattan from NJ. I will be in an entirely different part of the country from December 23-January 20. I found a lawyer that can move up the case.

[jk]

What I meant is that I'm an out of state student and I will not be in the tri-state area at all during those dates. Of course I can come into Manhattan from NJ. I will be in an entirely different part of the country from December 23-January 20. I found a lawyer that can move up the case.

wow. On a Saturday morning in less than 12 hours (which about 3 or 4 are normal business hours).


Best of luck to ya.

[qwaspolk69]

What I meant is that I'm an out of state student and I will not be in the tri-state area at all during those dates. Of course I can come into Manhattan from NJ. I will be in an entirely different part of the country from December 23-January 20. I found a lawyer that can move up the case.

Lucky for you that you could hire a lawyer. Guess you wouldn't have gotten a PD then.

[geek]

If you could hire a lawyer, you could certainly pay for your groceries.

Interesting.