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  1. #1
    Join Date
    Aug 2009
    Posts
    2

    Default Shoplifting in NYC

    My question involves criminal law for the state of: NY
    I was caught shoplifting today and I really don't know what to do and was hoping someone would be able to help me out. I am 20 y.o and was caught attempting to steal $60 worth of merchandise. It was the stupidest decision I've ever made and I am more dissappointed in myself than anything. I was detained at the store and also arrested and taken to jail, finger printed ect. I have court in a month. Should I hire a lawyer for this? I don't want to get my parents involved in this, I am just too ashamed of myself to do that. Is there any chance I can get this off my record or am I just screwed. I don't want it to ruin my chances of any sort of career when I graduate. I have had no previous charges before this, my record is completely clear. I know I was reading about the ACD which dismisses my case, is there any chance I qualify for that? I have been searching for a contact at the store to where I can send an apology letter, and thinking about doing community service before my court date. Do you think any of this will help? If someone can just inform me a little that would be greatly appreciated, I honestly have no idea what to do.

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

    Default Re: Shoplifting in NYC

    You should be able to get a legal aid,since it's your 1st time in trouble and arrange an acd. If for some reason the case seems to be not going well then consider hiring a private lawyer. If the court is nyc just be prepared to wait there for a while,it's best to get there early. Don't send a letter or anything yet,just follow the advice of the lawyer. Your probably pay a fine,maybe community serice and some probation. One thing a private lawyer can do is get you in and out a lot faster then waiting and getting a legal aid.

    I think if you just show up yourself,you go thru the metal deceator thing,then just go to the court rm and wait until your case is called,they might be a legal aid there. Ask them about the acd. Unless your cases gets contuied for someone reason,I would guess you might be able to reslove everything with one or 2 court trips,arrange an acd and you can find out if there any probation,community service besides the fines. It won't hurt to call a lawyer for a free consualtion. Also can probably call the court clerk and ask about getting a legal aid. Of course dress presentable,be polite,and show up on time.There so many cases you might get lucky,they will call your case and offer you an acd and you can get on with your life.

  3. #3
    Join Date
    Aug 2009
    Posts
    2

    Default Re: Shoplifting in NYC

    Thanks for the response, it's very helpful. With an acd isn't it still on your record? I would still have to answer yes if someone asked if I was ever convicted of an offense, correct? Is there any other options that do not go on my record that you think I might qualify for? I was reading about diversion programs, do you think I would qualify for that?

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

    Default Re: Shoplifting in NYC

    With an acd there is no record. It seals everything after 6 months.

    http://www.ilawyer.com/library/FAQ_criminal_defense.jsp

    I was arrested ten years ago when I was nineteen for possession of a small amount of an illegal drug. I received an adjournment in contemplation of dismissal (ACD) under which my case was adjourned for six months and the file sealed. If I am in the employers' premises applying for a job and filling out a written application which asks whether I have ever been arrested or convicted of a crime what answer should I give? (NY)

    Any arrest which is not pending or did not result in a conviction is not considered an arrest according to New York criminal laws. N.Y. Executive Law Section 296, subdivision 16, prohibits such a question with limited exceptions, for example on applications to become a policeman. A file that has been sealed also allows the applicant to answer no. New York Criminal Procedure Law Section 160.50 which requires the sealing states that when a criminal action terminates in a person's favor all records shall be sealed "and not made availab

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