Do You Need Legal Representation for a Misdemeanor Petty Larceny Charge? Or Is Self-Representation a Viable Option?

Interviewer: Do people take this charge seriously? Do they think they can just go in there and defend themselves or do they usually seek shoplifting offenses attorney in Fairview for this?

Since the Charge Involves Potential Jail time, Judges Will Not Allow Self-Representation in Their Courtrooms

Mike: Usually, when you’re charged with a misdemeanor, which exposes you to a criminal record, there’s no judge I’m aware of who would permit you to defend yourself. District attorneys won’t talk to defendants because anything you say can be used against you.

There’s no one to really negotiate with. A judge will insist and that you either hire an attorney or if you can’t afford one, they’ll provide you with one.

If You Are Convicted, the Charge Will Result in You Having a Permanent Criminal Record

Interviewer: I didn’t realize that. And the stakes are pretty high because if you get a conviction, it’s a conviction for theft. Even though it may be a small item, how long does that conviction stay in your record if you get one?

Attorney Will Work Hard to Avoid His Client Attaining a Criminal Record as a Result of a Shoplifting Charge

Mike: Forever. It stays on your record forever. It can be considered a crime of moral turpitude, a crime of dishonesty, which is not good to have on your record. It’s very important to do everything you can, even if it means hiring a shoplifting offenses attorney in Fairview. Speaking of me I do everything I can to avoid a criminal record for my clients.

If You Are Convicted, Is It Possible to Petition for an Expungement of Your Record?

Interviewer: Can you get these kind of cases expunged or sealed after a period of time?

New York Law Does Not Permit Expungements; If You Accept a Plea Bargain, It May Be Possible to Have Your File Partially Sealed

Mike: In New York, there is no expungement. If you plea bargain to a non-criminal offense, you can get the file sealed to a certain extent. There are partial sealings. If you get a violation with an ACD, it’s a full-seal order.

Law Enforcement Officials Have the Ability to Access This Charge; If Your Attorney Tells You Otherwise, It Is in Your Interest to Consult with a New Attorney

However, any lawyer who represents that it can be taken totally off your record and it can be treated as if it never happened is deceiving him or herself. Law enforcement, if they want, can always find out that this incident happened.

They have to know that it happened because if it happens again, you can’t represent that it’s the first offense and you’re entitled to a second ACD. You only are allowed one ACD.

They have to know whether it’s a repeat offense or not. There’s a way to find out through a fingerprint that you did have this incident.

Is There a Benefit to a Partial or Full Sealing of Your Record?

Interviewer: What’s the benefit of partial or full-sealing?

A Sealing Can Prevent Future Employers Access to Your Record

Mike: Depending upon the sealing order that’s entered, it can be prevented from being leaked to employers, to non-law enforcement employers, future employers and so forth. If someone has access to the computer maintained by the criminal justice services and does a fingerprint check, it’s going to come up.

How Does a Conviction for a Crime of Moral Turpitude Affect your Future?

Interviewer: We were talking about a conviction for crimes with moral turpitude. It’s probably going to be very hard for you to get any substantial job and there is no chance of a job in the financial services industry or any job that involves in the handling of money.

Mike: That’s correct. It’s terribly unfortunate. Of course, you as an employee, as a future employee, can explain the situation away any way you would like. There are mistakes that are made in the criminal justice system and I don’t think a future employer is going to have access to the actual file.

The facts of the particular case, they’re going to see that there was a conviction for petit larceny. It’s up to you to explain it away as best you can. It is a problem. It’s a problem whenever you have a criminal record.