Shoplifting is one the most common offenses that are brought before New York City criminal courts. Shoplifting nationwide in general and in New York in particular is so widespread and economically damaging to merchants that virtually all major department stores have their own theft-prevention and store detectives’ squads. Equipped with state-of-the-art surveillance, and constantly on alert, they are extremely efficient in apprehending most non-professional shoplifters. Although shoplifting may be considered by some a relatively minor offense, all New York shoplifting cases involve criminal charges that may play a huge role in a person’s future. That is why when accused of this offense, you should explore all options instead of taking this matter lightly. Talk to an experienced New York shoplifting lawyer today.
Why People Steal
The National Coalition for Shoplifting Prevention estimates that 1 in 11 people in this country have stolen from a store, about 27 million shoplifters who cause $35 million in damages daily. Only 3% of them are professional thieves who steal for profit.
Numerous studies on what causes otherwise law-abiding citizens to shoplift show that about a third of all shoplifters suffer from depression. Any New York shoplifting lawyer who regularly deals with clients caught shoplifting will agree that most of them were under some kind of stress when the incident happened. Many more have been coping with personal issues and stealing was a subconscious relief for them to ease stress and anxiety. In a way, many caught shoplifters perceive stealing as a form of “instant gratification” to obtain something they want and temporarily escape the unpleasantness of their personal situation. This is the most common reason behind shoplifting, as opposed to the widely held belief that most shoplifters are kleptomaniacs who are addicted to stealing. In fact, the vast majority of shoplifters who participated in studies indicated that they did not intent to steal again.
Criminal Liabilities for Shoplifting in New York City
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 read this, you were probably stopped at the store and told to sign some papers. You were arrested and either given the DAT (desk appearance ticket) at the police precinct or taken to the Central Booking and saw the judge.
A conviction in a shoplifting misdemeanor offence will result in a criminal record and a fine because misdemeanor is a crime in New York. Jail time is extremely unlikely in this situation.
In most counties, the prosecutor is likely to offer you a deal of pleading guilty to a violation (not a crime). If you do, you will pay a fine, be sentenced to a few days of community service, and the case will be conditionally dismissed in about a year. You will not have a criminal record and your arrest record will be sealed when the case is dismissed. Keep in mind, however, that you do have to plead guilty to an offense and you are under an obligation to disclose that when asked in some situations such as certain employment applications or for immigration purposes.
“ACD” stands for “Adjournment Contemplating Dismissal” which means that your case is temporarily adjourned for some time, typically 6 months to one year. After that, it is completely dismissed without you pleading guilty or otherwise admitting your guilt. You will need to perform a few days of community service. Your arrest record will be completely sealed and you will be free to answer “no” to a question of whether you ever were convicted of or pleaded guilty to any offense. You still in some cases need to disclose the fact of arrest.
You must keep in mind that even though your record is sealed when you plead guilty to a violation and when you get an ACD, when you plead guilty, it is not sealed as good as it could be if the case was resolved through an ACD. While pleading guilty to a violation is a good deal for some people, it is not good at all for others. Some employers, especially in the financial industry, 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.
Why Hire a Lawyer and how much does it cost?
In many cases, an experienced New York shoplifting defense attorney can obtain a resolution of your case through an ACD, although such resolution is not automatic and may not apply at all if you have a previous criminal record or if this is not your first shoplifting incident. Obviously, no attorney can guarantee this outcome; in many New York counties local District Attorney’s Offices have different policies towards plea bargain offers in shoplifting cases.
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 financially, court may provide you with a Legal Aid or assigned lawyer. While these attorneys are very good and dedicated, you need to understand that all of them carry tremendous case loads and are simply unable to dedicate as much time to you and your case as you may want. Often, assigned lawyers will receive your case just before they meet you for the first time in court. If you financially qualify and this shoplifting charge is just a minor nuisance for you and it only needs your minimal attention, then a Legal Aid lawyer is an adequate option for you. If you need to fully explore all options and want to be able to talk to your attorney about your case as much as you need, if your case is serious enough for you as you realize the potential harm that a guilty plea may carry, then you need to consider retaining your own New York shoplifting defense attorney. 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.
Different lawyers charge different fees. Many prefer hourly based compensation and retainers while others charge flat fees. The amount of legal fees in a shoplifting case may vary from $1,500 to as much as $5,000 depending on many factors, including complexity of the case, prior criminal history, particular charges, lawyer’s experience, etc.
If you are a first time offender charged with shoplifting, we will quote a flat fee that covers everything that needs to be done to handle your case not including trial. If you retain our office to represent you in a shoplifting case, you will not be charged for telephone conversations, and other things attorneys usually charge for. We will take time to walk you through the process and seek the outcome that suits your particular interests.
If you are charged with shoplifting in New York City, please call today.