How Defensible Are Shoplifting Cases In New York?

Interviewer: What about in defending these cases? Is there a defense and if so, what would you do?

With Most Shoplifting Cases, the Facts in the Case Are Indisputable

Mike: With a shoplifting case, most of the time, the facts against you are pretty strong. Quite frequently, people admit their wrongdoing. Also quite frequently, the items are found in a way that indicates they formed the intent. So, the majority of the time, there is no dispute as far as the facts are concerned.

In other words, very few clients who are arrested for petty larceny come to my office and say “The store personnel are just making this up. I didn’t do anything wrong. They’re planting it in my bag, etc. etc.” Most of the time, it’s a first offender or a second offender who take the position that they made a mistake.

Your Defense Attorney Will Look to Mitigate Any Possible Consequences

Now, they want it to be worked through the court system, so that they face the least consequences possible.

How Can Your Shoplifting Offenses attorney in Hartsdale Mitigate the Penalties of a petty Larceny Charge?

Interviewer: What have you been able to accomplish to mitigate the penalties of petty larceny?

Mike: Petty larcenies form a pattern in terms of how they’re treated in court. The first aspect you have to look at is the value of the item or items that are alleged to have been stolen.

The higher the value, the closer the charge is toward that $1,000 grand larceny threshold, so the more seriously it’s treated by the court system. In the first instance, if it’s a small item, a small-value item, you want to try to get a form of dismissal.

An Attorney Will Try for an ACD, Adjournment in Contemplation of Dismissal

A dismissal is commonly referred to as an “ACD.” Those are initials stand for “Adjournment in Contemplation of Dismissal.” So, that’s what you want in the first instance.

Or, Your Attorney Will Try for a Non-Criminal Disposition of the Case

Barring that, you want a non-criminal disposition. This is a charge that will not result in a criminal record, which is usually the violation of disorderly conduct. With a disorderly conduct, you wind up paying a fine. The file is sealed to a certain extent.