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Can I go back to Macy's after shoplifting?

New York, NY |

This is in New York. I got caught, arrested, fingerprinted, received a DAP, and got an ACD three months ago. The loss prevention manager said that he does not want to see me again. I really love Macy's. Before doing anything silly, can I approach the manager first and ask for an appeal? What are your suggestions? The item stolen was worth $50 or less.

Attorney Answers 6


  1. Best answer

    The criminal case is over with a very good result but too late to file notice of appeal. I would write to Macys to clarify whethe you can go in to shop as many stores ban shoplifters for life and you don't want to risk losing your ACD and getting possible new charges if you go in.

    Hire a lawyer to protect your legal rights.

    THE ESTRELLA LAW FIRM, P.C.
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    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- 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 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com


  2. Why tempt fate? Can't you order from Macy's online or shop elsewhere. I am not saying they have your photo on the wall of their Least Wanted but they might and you could screw up the completion of your ACD.
    Maybe you could go to a different branch, in Brooklyn or Queens but, again, why tempt fate and put yourself in a position to get jammed up, even if you are wrongfully jammed up?
    Use your common sense on this.

    Law Office Of Michael Marley


  3. If you return to Macy's after being told to stay away, they can charge you with trespassing. Why would you? What would be the benefit to the Manager to allow you back into the store?

    I would say you need to stay out for at least a year, but I agree, you should shop on-line or at another branch.


  4. Its unlikely they will catch you , but if they did, you will be charged with trespass. It really isn't worth it.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  5. Did you sign (or did they give you) a trespass notice. If YES and you get caught in the store you can be arrested for burglary.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  6. You are not barred from the store if you were not warned in writing.
    That being said, wait a while!

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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