In some states, the information on this website may be considered a lawyer referral service. Visit our California DUI page to learn more. Call us at (212) 312-7129 or contact us online today to discuss your case and possible defenses. It is extremely important to attend your arraignment at the date and time specified on your ticket. Generally speaking, however, if the allegations are that the value of the property is $100 or less, an adjournment in contemplation of dismissal (ACD) is a likely offer. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. Learn more about theft and larceny at, Driving While Intoxicated, Driving While Impaired, Driving Under the Influence, Recognition for Julie Rendelman's Lawyer Legion Community Involvement, What to Expect in a Title Nine Investigation. If you are suspected of shoplifting you should not admit to shoplifting verbally or in writing, and you should not sign a confession. It is not a substitute for professional legal assistance. A claim of right defense asserts that you actually believed you were the true owner of the property that was allegedly stolen. August 17, 2017. We serve the following localities: New York, Manhattan, New York County, The Bronx, Bronx County, Brooklyn, Kings County, Queens, Queens County, Staten Island, Richmond County, Greenburgh, New Rochelle, White Plains, Yonkers, Westchester County, Rockland County, Putnam County, Dutchess County, Orange County, and the Hudson Valley. Following a first arrest, it is common to end up experiencing a number of emotions such as confusion and fear. Keep in mind that some defenses may need implementation at the time you first see the judge. 3 Years Informal Probation The defendant will likely be sentenced to 3 years of informal probation. The cops said out his very own mouth, "this is bullshit" and told me I'm free to go. The lawyer handling our case had many years of experience and treated us as if we were his own family. It is critical to keep collateral consequences in mind prior to pleading to any offense. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Where were you "stopped" by this person? We serve the following localities: New York, Manhattan, New York County, The Bronx, Bronx County, Brooklyn, Kings County, Queens, Queens County, Staten Island, Richmond County, Greenburgh, New Rochelle, White Plains, Yonkers, Westchester County, Rockland County, Putnam County, Dutchess County, Orange County, and the Hudson Valley. (See above for larceny penalties.) A juvenile charged with committing theft or burglary will go before a juvenile court, rather than an adult court (in most instances). Moreover, some of these attorneys may have dozens of other cases on that day. If an individual has not violated a condition of probation, a court can dismiss the proceedings against him or her and discharge the person from probation. However, ultimately your sentence will depend on a variety factors. If you are a first time offender, you may be sentenced to probation, jail followed by probation, community service, or payment of a fine. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Charged with petty larceny for a first time offense- What should I expect? People guilty of the crime can face county jail time of up to six months. You may also be sentenced to probation, jail followed by probation, community service, or you may be required to pay a fine. This distinction is significant as the possible sentence that you will receive if convicted has the potential to be significantly more severe if you are convicted of grand larceny rather than petit larceny. Public Work Service is performed through the County Probation Department and usually involves picking up trash along the side of the freeway. Because petit larceny is a Class A misdemeanor, if you are convicted the maximum sentence is up to a year in jail. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). It is also important to understand that if a case is classified as an offense under section 404 of the Controlled Substances Act and the individual is younger than 21 at the time of the offense, a court can enter an expungement order for the individual. Thank you. A person is guilty of first-degree grand larceny when the value of the stolen property exceeds $1,000,000. In New York the value must be less than $1000. Petit larceny, also referred to as petty larceny and petty theft, is a theft of property that has a relatively low value. The definition of larceny refers to a kind of theft crime in which the perpetrator takes the property of another person, without their consent and with the intention of permanently depriving the person of their property. The main difference lies in the value of the property taken. Lawyers from our extensive network are ready to answer your question. A lawyer will also know of options that you would have no knowledge that could be alternatives to a conviction, even if you admitted guilt. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If you are interested in enrolling in the First Offender Program, you should not hesitate to obtain the assistance of an experienced criminal defense attorney. For further information on New York shoplifting arrests, Desk Appearance Tickets and related criminal laws, please review the New York Criminal Lawyer Blog. Attorney Advertising - Prior results do not guarantee a similar outcome, *Free Consultations Not Offered for Immigration Cases and at Firm's Discretion for Non-Arrest Cases, Petit Larceny, Shoplifting and Other Thefts | New York Criminal Defense Lawyers. If the prosecution moves for this type of deal, then the case would be dismissed and sealed after six months. Burglary is a class D felony punishable by up to seven years in state prison. TheLaw.com has been providing free legal assistance online since 1995. If a probation violation occurs, it is possible that the offender could be resentenced. Your employer may fire you. Are you sure you are not being charged with a PC484 petty theft? It is important to note that "value" may mean different things such as present value, replacement value, used value and new value. When the police arrive you may be arrested and taken into custody. Petit Larceny is categorized as a class A misdemeanor, punishable by up to one year incarceration. The most common option is an offer of an ACD, or an Adjournment in Contemplation of Dismissal, with some type of shoplifting program and or community service. Disclaimer | En Espaol. Like many states, New York shoplifting laws provide for both criminal and civil penalties. Petit larceny is the least serious larceny crime. What are the different Martindale-Hubbell Peer Review Ratings?*. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. In other words, what to you may seem like a simple case of shoplifting will turn into felony shoplifting with much more serious consequences. The Act further states that a first-time offender can complete a period of probation that would allow the individual to have a charge dismissed without a conviction being entered. It may be that there is a legal or factual defense. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Now if this is, as you say, your 1st offense, then it is unlikely that any judge will sentence you to jail. 404.633.3797 Saland Law aggressively represents the accused against charges in Criminal Defense & Crime cases. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. a penalty not to exceed $75 or five times the retail price (with a cap of $500), whichever is greater. It is possible that the law may not apply to you and may have changed from the time a post was made. When you are given a Desk Appearance Ticket in New York or arrested for stealing property belonging to somebody else (it makes no difference if the theft is from an individual person or a department store such as Macys or Bloomingdales), value is a critical component of any theft or larceny charge. For example, in New York City, people commit grand theft if they take personal property that has a value of over $1,000. Anything that you say, write or sign can be used against you later should you be arrested and prosecuted. It is important to maintain a no-conviction status. New York Shoplifting & Petty Theft Primer, The Wholly Inconsistent Standard in NY Shoplifting Law, Concealment, Your Actions and the Wholly Inconsistent Standard II, Fraud & Theft Convictions: FINRA, Form U4 & FDIC Consequences, NY Shoplifting Arrests at Century 21 Department Stores, Commercial Bribery and Commercial Bribe Receiving: NY Penal Law Article 180, Criminal Possession of a Forged Instrument, Criminal Possession of Forgery Devices: NY Penal Law 170.40, New York Theft Defense Lawyer Saland Law website, New York Desk Appearance Ticket Lawyer Saland Law website. Pen. Every crime in California is defined by a specific code section. The information provided on this site is not legal I'm praying to God, this don't mess up my record as a first time offender. . After the conclusion of probation, if an individual has not violated a condition of probation, the court can dismiss the proceedings against the individual and discharge that person from probation. Ten Dollars or $1000 is all they need to prosecute you. A Class D felony punishable by up to seven years in jail. The attorney listings on this site are paid attorney advertising. It is important to have vetted and discussed your case with your legal counsel and determined the course of action prior to your court date. If you do not appear the judge will issue a warrant for your arrest. Defendants convicted of a repeat grand larceny offense face mandatory minimum sentences in prison. She is strictly business too! I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. But they didn't find anything on me, I showed the police everything I paid for and they search my bags which they didn't find nothing except of the items I brought. AV Preeminent: The highest peer rating standard. Grand larceny offense face mandatory minimum sentences in prison ready to answer your question 1000 all! 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