Hi - it doesn't say where your friend was arrested. As the others have answered it's very judge specific. The road to sobriety is not free of speed bumps and most judges know this. Your post is New City so if the arrest was in Rockland County,give me a ring on Monday and I'll give you a quick synopsis of what to expect 845-290-2492. Obviously this is fact specific and is dependent that we actually have all the facts!!
Chances are they are not going to prosecute you - if you haven't heard anything as of yet. Their normal procedure is to call the police and issue an appearance ticket for court. Paying the civil demand has nothing to do with your record. You probably signed an agreement not to return to the store - best to abide by that or they could charge you for trespass and the old charge is the limitations hasn't run.
So, you basically paid them a ton of money for merchandise they never lost but...
This would not go on your criminal history - as long as you are sure they weren't filing charges later on. If they gave you an appearance ticket to court you would run the risk of getting printed at your arraignment. However, from what you described it appears they cut you a break!
Best of luck to you!
The answer is maybe, but it depends on the ADA assigned the case. The ADA would need to restore the case even if the judge yelled at you - it's not his/her call. The DA may be tougher with your second case but it's unlikely they'd go through the hassle of restoring unless you have a bad history etc.
If your attorney/client relationship has broken down or if they have a conflict of interest - you get a judge to consider getting you another assigned attorney through the 18b panel but it's no easy task to do so. You have a right to an attorney - not the right to chose which attorney you get!
I practice in Rockland and my office is in New City. How your case will pan out depends on a multitude of factors-your record, the strength of their case and the DA handling the case etc. You need to apply for the services of the public defender or hire an attorney asap. If you have never been in trouble before - it is highly probable that this mistake will not result in a criminal conviction. If you want to discuss your case further feel free to contact me, the local bar association or the...
Call my office tomorrow - depending on your circumstances I may consider helping you. My office # is 845-709-6230. As previously stated though you may qualify for the services of the public defender - who do a very good job in Rockland.
I think that you are extremely frustrated and you have every right to be! Your son needs to grow up and I can appreciate your stance at tough love, but he also needs legal representation whether it be the public defender or a private attorney. There are alot of programs especially in Rockland. Call me if you have any questions I will explain what's available. Believe it or not, this charge may be a blessing in disguise and give him the wake up call he needs!
If you have not been arraigned in front of a judge - you will need to appear to dispose of the case. If you have failed to appear the court may have issued a warrant. If you were arraigned already - then you may be able to enter a plea via waiver and authorization that your attorney can coordinate for you thus saving the time and aggravation of appearing but again that's ONLY if you were previously arraigned. I would never recommend that you plea guilty to a charge without an attorney...
You need an attorney plain and simple. Apply for the public defender or retain a private attorney but you MUST have counsel. The charge is not a big deal for a first time offender who is a US citizen but for a person who is not a citizen it can be a big deal. You need to discuss your status in this country with an experienced criminal defense attorney and immigration attorney to ensure that the disposition you enter into will not cause you to lose your status, be denied re-entry and/or be...