Shoplifting is probably the most commonly charged criminal offense heard in New York City criminal courts. All major department stores are now armed with their own "anti-theft" mini-armies equipped with surveillance cameras and even staffed by special store detectives roaming the shopping floors. In my estimate, at least a few hundred people are arrested daily in New York City for shoplifting.
Most people dismiss shoplifting as a trivial offense. Well, this is not always the case and it can create extremely serious problems in future for many who don't take shoplifting charges seriously.
Most shoplifting offenses in New York are prosecuted under Larceny other Theft-related statutes. The particular charge depends on the value of merchandise stolen.
When the total value is below $1,000 (as is the case mostly), you will be charged with Petit Larceny and criminal possession of stolen property in the fifth degree, both class A misdemeanors. If the total exceeds $1,000, the charge will be Grand Larceny in the fourth or third degree and criminal possession of stolen property in the fourth or third degree, all class E or D felonies depending on the value of stolen goods.
If you shoplift in New York's large department stores, you are likely to be detained, arrested, and booked. The police will probably give you the DAT (desk appearance ticket),although they are known to sometimes process shoplifters at Central Booking. If that happens to you, you will see the judge in about 24 hours released until the next court date.
If you are convicted of a misdemeanor shoplifting offence, you will have a criminal record because misdemeanor is a crime in New York. You will also pay fines and be ordered to do community service. Although some jail time is possible, it is not probable in this case.
In most NYC counties, the prosecutor is likely to offer you a deal of pleading guilty to a violation (not a crime in New York). If you plead guilty, you will pay a fine and do a few days of community service. After a year your case will be dismissed assuming you stay out of trouble. You will not have a criminal record and your arrest record will be sealed when the case is dismissed. The downside of pleading guilty to a violation is that you plead guilty to an offense and you must to disclose that when asked in some situations such as certain employment applications or for immigration purposes. Also, your arrest record "sealing" is not really as comprehensive as if it was had the case been resolved through an ACD.
"ACD" stands for "Adjournment Contemplating Dismissal" which means that your case is temporarily adjourned for some time, typically 6 months to one year. Good sides: in 6 month to a year the case is dismissed and the arrest record is sealed. You never plead guilty to anything. You may still do community service. When you answer to a question of whether you ever were convicted of or pleaded guilty to any offense, you may say "no".
ACD is the better way to resolve the shoplifting case because it does not involve pleading guilty to an offense. Some employers are meticulous about criminal background checks of their existing and new employees and often require an answer to the question of "ever being convicted of an offence other than minor traffic infraction". There are also immigration consequences that need to be considered before taking the guilty plea.
On the day of your court appearance, if the prosecutor offers the deal and you accept it, you may never be in court again. If you want a better deal, your attorney will have to work harder to accomplish that and it could take a few more trips to courts. If you qualify, you may get a Legal Aid or assigned lawyer. While these attorneys are very good and dedicated, all of them carry tremendous case loads and are simply unable to give you and your case all the time you want. In most case, assigned lawyers get the file with your case just before they meet you for the first time in court.
Remember the old saying - you get what you pay for. A good private attorney will take time to talk to you, explain all options, and spend as much time as required to obtain the most favorable result. If, on the other hand, you financially qualify and this shoplifting charge doesn't really bother you, then a Legal Aid lawyer is an adequate option for you.
------
Joseph Potashnik is a criminal defense attorney who defends individuals facing criminal charges in New York City and New Jersey. You can visit his websites at
http://www.jpdefense.com for NY and
http://www.jpcriminaldefense.com for NJ.
This article may be considered attorney advertisement.
