New York Criminal Defense Legal Questions

Normally, the civil penalty is no admission of guilt and does not hurt your criminal case. It is the stores way of recuperating money they spend in sending an employee to court for half a day to handle all the idiots who rob them blind. Not that you are an idiot. Everybody makes a mistake. If this is truly your first offense, pay the penalty, be nice and ask the district justice for shoplifting classes since this is your virginal criminal event. Once you complete the horrors of shoplifting course, they should withdraw the charges at the next hearing. This applies, unless of course, you get busted for more retail theft offenses in the interim.... Read More

I could not possibly give you a primer on the NYS Penal Code and NYS Criminal Procedure Law and adequately instruct how to move the court to dismiss within the confines of this forum. What you are asking is akin to having a toothache and asking a dentist how to extract your own teeth. You need to retain counsel that practices criminal law in your area to best protect and represent your interests.... Read More

If you made an agreement with the prosecutor, and part of that agreement is to testify truthfully against your co-defendant, then you are obligated to stand by that agreement.  If you don't, then you have violated your agreement and you are subject to the punishment indicated in the agreement.  ... Read More

If you were arrested for a first offense petit larceny in NYC, the likely outcome is an Adjournment in Contemplation of Dismissal, better known as an ACD, with one or two days of some type of community service.  An ACD is not an acknowledgement of guilt in any way.  If after 6 months, you have not been rearrested for any other offense, the case will be dismissed and sealed.   The above resolution assumes that the amount stolen was nominal and that there is nothing more to the case but a simple theft.  While an ACD is a great outcome, it can have negative impacts for individuals in certain professional fields, including banking.  It also can have implications if you are not a United States Citizen.... Read More

No, you won't have a criminal record if you plead guilty. You are only charged with a Violation not a crime. Although the maximum fine is $250 the Judge will usually set a lower fine. When you go to court, before you plead guilty to the charge ask the Prosecutor or Judge, if there is no prosecutor if you can have an ACD instead of pleading guilty to the summons.... Read More

Your options are to cooperate with the investigation and speak with the investigator and anyone else involved or don't. It may be worth your while to consult with a criminal defense attorney NOW, even if it will cost you some money, rather than wait until you are arrested and charged with a crime to hire a lawyer. At this time I would not speak to anyone about the matter until you've consulted with a criminal defense attorney.... Read More