What if the District Attorney Wants a Criminal Disposition of the Case?

You’re barred out from the store and you’re given a conditional discharge that you not enter that store for at least a year. If the value is so high, so close to that $1,000 threshold, it may very well be that some district attorneys will take the position that they want a criminal disposition.

That is, they won’t reduce it to an ACD or disorderly conduct, but they want some form of misdemeanor, which would either attempted petit larceny or petit larceny, itself.

Trials Are Time Consuming and Can Be Emotionally Draining

In that case, the facts have to be gone over with a real fine-tooth comb to see if there’s any arguable defense. If a client wants to litigate in court, that is, actually have a trial, not only is a trial time-consuming, it’s an emotional experience.

Again, if it goes against you, judges and the system itself comes down a bit harder than if you would have acknowledged your guilt. Those are your options. Trial, plea bargain and if it is a plea bargain, it should be to a non-criminal disposition.

Why Is the Intent to Shoplift a Factor in the Seriousness of the Crime?

Interviewer: In your experience, it is the intent of the crime or the reason for the crime that is the most serious aspect? Do the courts look for the reason for the crime?

Mike: For some reason, they do not. And depending upon the store that you shoplifted from, it matters. For example, the intent may be the same, but if you shoplift in a high-end store like Neiman Marcus, one item may average $500.00, where as you shoplift in store like Kohl’s, one item may be $1.50.

The intent is the same. It shouldn’t matter in terms of a disposition. But, unfortunately, it does. The value of the item does factor into the case.

District Attorneys Are Less Likely to Offer a Mitigated Plea for an Expensive Item

Interviewer: Even if Neiman Marcus, if you’re stealing the lowest-priced item, that’ll be than if you’re in Kohl’s and stole their lowest-priced item.

Mike: Yes, it would be worse. When you see an accusatory instrument with a $500.00 or $700.00 item on it, as opposed to one for $10.99, most district attorneys take the common-sense approach.

“For $10.99, I’m not going to bother. I’ll give you what you want.” But for something $500.00 to $700.00, they may feel that they have to take a harder position.

You Will Not Be Able to Bargain down the Value of the Stolen Item in Court

Interviewer: What if you had an item and you brought in a coupon for it to court and it cut the value of the item down?

Mike: Yes, that’s true. Most of the time, clients say that, “The items I stole were on sale. And therefore, they should only charge me with the sale price,” whereas they usually don’t.

They charge the full retail price for the purposes of court. That’s an argument that’s often made to district attorneys who kind of smile at it and say “Yes, I understand.” It doesn’t account for much.

In the White Plains Area, Shoplifting Tends to Occur in the Larger Shopping Centers

Interviewer: Is there a geographic area that shoplifting tends to occur with more frequency?

Mike: Areas with big shopping centers, such as big malls have the highest occurrence of shoplifting incidents. White Plains has a large retail establishment, so you see a lot of petty larcenies there. New Rochelle, Yonkers, they have a cross-county center. In Westchester County, it’s the large shopping mall areas.

What Are the Potential Penalties for a First Offense Petty Larceny Charge?

Interviewer: What are the penalties for a first-time petty larceny offense, potential ones?

Mike: The penalties include monetary fines and up to a year in jail, if you’re convicted of the entire charge, which is misdemeanor petty larceny. Disorderly conduct penalties include, $250.00 plus a surcharge of approximately $125.00, so it would cost you $375.00 if you plea bargain to a disorderly conduct. If we are able to procure an ACD, there is no penalty.