Arrested for the first time Petite Larceny 3 months ago and plea guilty to disorderly conduct with a $150 fine. Arrested again..

Asked over 1 year ago - Holland Patent, NY

They said they would wipe the arrest records clean of my first charge, it wasn't an ACD, I plead guilty for Disorderly Conduct.

I was arrested again last night for petite larceny, will they over look the first one since I plea guilty to a violation or is it viewed as my second criminal offense and my first arrest is considered too? If so what is the likeliness of jail time?

Also both times the merchandise was under $20.

I would like to go to rehab, I have a drinking problem and I'm only 21.

Attorney answers (5)

  1. Richard Caro Roxin

    Contributor Level 12


    Lawyers agree

    Answered . A local, experienced criminal defense attorney who enjoys a decent working relationship with the local District Attorney's Office may be able to negotiate a resolution which enables you to get the help you need while avoiding straight jail time. If you're serious about actually getting help, and not just saying it, your willingness to undergo an evaluation and agree to whatever follow-up care is recommended before being ordered to do so by the court or as a condition of a plea offer by the prosecutor will likely be viewed favorably. Good luck to you.

  2. Joseph A Lo Piccolo

    Contributor Level 20


    Lawyers agree

    Answered . They won't overlook the 1st one and could possibly give you jail for violating the condition discharge of the 1st disorderly conduct. You need an attorney to help you and rehab may help.

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  3. Eric Edward Rothstein

    Contributor Level 20


    Lawyers agree

    Answered . The DA will consider the first case and if you had a Conditional Discharge they may violate you on that.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  4. Kenneth Joshua McCauley

    Contributor Level 9


    Lawyers agree

    Answered . I read your description of your circumstances to mean that you DID NOT have the original petit larceny charge adjourned in contemplation of dismissal. If that is the case, then those charges were disposed when you plead guilty to disorderly conduct.

    Your conviction of disorderly conduct will be considered by both the prosecuting attorney and the presiding judge in any attempt to negotiate/accept a plea offer to the current charges pending against you. Additionally, the very short amount of time in between you first arrest and these current charges will not look good at all.

    I highly recommend you retain the services of a criminal defense attorney familiar with the particular court you are to appear before.

  5. Jeffrey Jose Estrella

    Contributor Level 13


    Lawyer agrees

    Answered . Yes, it needs some serious negotiating.

    Hire a lawyer to protect your legal rights.
    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more

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