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I am being accused with 3 Counts of Grand Larceny, 3 Counts of Burglary, 3 Counts of Criminal Possession of Stolen Property.

New York, NY |

I am being accused with 3 Counts of Grand Larceny, 3 Counts of Burglary, 3 Counts of Criminal Possession of Stolen Property, & 3 Counts of Trespassing. The claims are that I entered a Best Buy Store and stole $56,000 worth of property. I am in my second year of college away from where I am being accused of this crime and have no priors. I am studying business and intend on becoming an Investment Banker and I know that this will not look good on my record, especially to handle people's money with a grand larceny felony on my record. I have court on Tuesday and a Family Lawyer Friend says that I should attempt to get a Continuance without a finding plea or an ACOD where I can agree to pay a certain amount of money monthly to pay this back, and not face any jail time. What should I do?

Attorney Answers 4


I think your family friend gave you some sound advice if you were charged with petit larceny for shoplifting a candy bar from the dollar store but not if you are charged with 3 Counts of Grand Larceny, 3 Counts of Burglary, 3 Counts of Criminal Possession of Stolen Property, & 3 Counts of Trespassing. You need to exercise your right to remain silent and to an attorney. You need to without delay retain an experienced criminal defense attorney who will be able to give a much more realistic picture of what you are potentially facing which is a lot worse than the picture your friend painted. You should not discuss the facts and circumstances of your case with anyone other than your attorney.

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I basically agree with Mr. Conway's answer, however, you must understand the full impact of stealing over $50,000. That's a great deal of money and unless you're going to pay it back in a lump sum and quickly, the complainant, Best Buy, is not going to go along with the deal. Usually, the DA will talk to the Complainant and if they don't like it, they will likely try to hold you to the higher plea offer than simply an ACD which is what your family friend suggested.

It is highly unlikely the DA will offer an ACD in your case. That's why you need a competent experienced criminal defense lawyer right away - before you go to court.

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The only thing you be doing at this point is looking to retain an experienced NYC criminal defense attorney. I'm sure your family lawyer friend means well, but the fact that he is leading you to believe this might be an ACD eligible offense shows he is out of his depth.

It sounds like the top charge you are facing is Grand Larceny 2nd Degree (Value exceeding 50,000) which is a class C felony punishible by 5-15 years state time. While non-jail sentences can be negotiated for first time offenders, the DA will almost certainly want you to plead to a felony as a condition of avoiding jail. A felony conviction for a theft related crime will make it nearly impossible for you to get licensed or employed in the finance. NY does not have expungement.

This is why you need a lawyer who can evaluate the strength and weaknesses of the DA's case, and try to negotiate a disposition that can save you from a felony conviction. If this is not possible, then you and your lawyer will have to weigh the options of pleading guilty verse litigating the case to trial.

Even cases like these can have positive outcomes for defendants, but its essential that you get out in front of it and hire the right attorney.

Should you have any further questions or comments, please do not hesitate to contact me at anytime.

Very truly yours,

Tom Kenniff

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You are facing serious felony charges. An Adjournment in Contemplation of Dismissal (an "ACD") will most likely not be offered to you by the DA's office, even considering that you have no prior criminal convictions. Take it from a former Senior Assistant District Attorney, and a defense counsel who has handled thousands of cases - get a criminal attorney who has significant experience.

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