QUESTION
Will this shoplifting charge be on my record because I'm still a minor?
Asked on May 17th, 2014 on Criminal Law - New York
More details to this question:
I was caught shoplifting. I’m 17 and live in N.Y. This is my first time ever and the store called the police. I was arrested. However, after 2 hours, I was released and they gave me a DAT stating I have to go to court in 2 months. The police told me the judge will probably dismiss my case because I'm a first time offender. Do I need a lawyer? What is a DAT? Should I plead guilty? Next, when I got home that day, I noticed the security guard people put a restitution letter in my bag. They want me to pay $500 for damages made, which is not true because I gave everything back before entering the store’s jail in good condition. Do I need to pay that? Does this affect my parents account? I gave no information about them but they took a receipt that was in my bag that had my mom's store credit card account. Because originally that day, I went to the store to return some stuff, but somehow I ended up commenting a crime. Also, when I was arrested the police never told me my Miranda rights. Is that bad?
2 ANSWERS
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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You need to hire a criminal defense lawyer. Do not plead guilty. The Judge will not simply dismiss the case but there are ways to get the case dismissed. The store is entitled to seek the $500 civil demand regardless of whether they got the property back. However, I advise my clients not to pay and I write a letter to the store or its lawyer and direct them not to contact my client. That prevents them from contacting you anymore. The police do not have to read you Miranda unless you are in custody and being interrogated. The failure to read Miranda when required results in suppression of statements, not dismissal of the case.
Answered on May 20th, 2014 at 8:39 PM
Real Estate Attorney serving Garden City, NY
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Law Offices of Hein, Waters and Klein
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Even though you are only 17 years old and will most likely be given a break by the court and district attorney (if this is your first arrest) you are still charged with a class "A" misdemeanor which is a criminal offense. You should have a criminal defense attorney who can answer all of your questions and advise you of all of your options.
Answered on May 20th, 2014 at 8:39 PM