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Arrested at nyc macys. for shoplifting.

New York, NY |

I was arrested a week ago for switching price tags at Macys.
They made me sight some papers and I was arrested.
this was my first arest. I am 19 years old and I do not have any money for an attorney.
can a public defender get me a ACD? my DAT is next month.
also I was not read the Miranda rights. What will I be charged with ?

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Attorney answers 5

Posted

You were probably charged with petit larceny and/or possession of stolen property. It is quite possible that you will be offered an ACD, if you have no previous record. They may ask you to take a stoplift class or perform some community service. Good luck.

This answer is only for informational purposes and is not meant as legal advice.

Asker

Posted

thank you. is it worth me hiring an attorney who will charge me 1500? or should I just get a public defender ?

Posted

Macy*s is very aggressive with the civil demand.
The police only have to give Miranda warnings if you are: a) in custody; and b) being interrogated. Most initial street encounters do not require Miranda warnings. Even if Miranda is required and not given the case is not dismissed. The remedy for a defendant is suppression of the non-Mirandized statements.
If you are indigent the court will assign you a public defender. You will be charged with petit larceny and possession of stolen property in the 5th degree. You can probably afford a lawyer if you call around.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Asker

Posted

Hi Eric. thank you for responding. how much would you charge ? will this stay on y record?

Eric Edward Rothstein

Eric Edward Rothstein

Posted

Please e-mail me directly at Eric@RothsteinLawNY.com

Posted

1. If you signed papers, you may already have signed away some rights.
2. A public defender can ask for ACD, but that does not guarantee that you will be offered ACD. In the case of a person who has prior arrests for crimes, then ACD is usually not offered.
3. Whether or not you were read Miranda rights will only affect the case if you did not WAIVE these rights. If you signed papers waiving your rights, you might have no cause to raise a Miranda defense.
4. No one can tell you what you will be charged with. That is up to the police and the prosecuting attorneys.

Be sure to tell the Public Defender about any papers you signed.

This does not constitute legal advice or the engagement of my services as an attorney.

Posted

You likely have to appear in Midtown Community Court and will be charged with Petit Larceny and Criminal Possession of Stolen Property in the 5th Degree, both class A misdemeanors punishable up to one year in jail and $1000 fine. Given that its your first arrest, you are eligible for an ACD but whether the prosecutor will offer it depends on many factors, including the value of the items alleged to have been taken. You have a much better chance if the value is less than $100 as opposed to over $300, for example. While nothing legally prevents a public defender from obtaining an ACD on your behalf, you have a lot at risk given the charges and you should make sure that you do everything within your power to minimize the consequences of your mistake. Many experienced attorneys offer reduced fees for these cases. The fact that Miranda Rights were not read does not mean you can have the charges dismissed. See my Avvo legal guide on the subject linked below... . I have personally represented many clients who were accused by Macys and my experience is that their security guards are the most dishonest of any department store, promising to release suspects once papers are signed and then calling the police. Speak to your family and friends about helping you retain a lawyer. Unfortunately, a criminal record in New York will haunt you for the rest of your life as it cannot be erased or expunged. Good Luck,

I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.

Asker

Posted

will it still be on my record id i get a ACD?

Richard C. Southard

Richard C. Southard

Posted

No... Per CPL 170.55 (8) "The granting of an adjournment in contemplation of dismissal shall not be deemed to be a conviction or an admission of guilt. No person shall suffer any disability or forfeiture as a result of such an order. Upon the dismissal of the accusatory instrument pursuant to this section, the arrest and prosecution shall be deemed a nullity and the defendant shall be restored, in contemplation of law, to the status he occupied before his arrest and prosecution."

Posted

Please note I am not licensed to practice law in state of NY. If you cannot afford an attorney one will be appointed for you.

Good Luck!

The answers posted herein are not legal advice and no attorney-client relationship exists. -- Inna Rifman, Esq. Licensed Attorney in Massachusetts. Greater Boston Law, 1629 Central Street, Suite 7, Stoughton, MA 02072 T. (781) 436-0316 F. (781) 459-1075 E. inna@mass-law.com. W. www.mass-law.com