I have been given a Desk Appearance Ticket for a charge of 155.25. This is my first time I was arrested. I have no criminal record. I cashed a check for a neighbor/friend and gave her the money. She now has decided to say she didn't receive the money. I have since learned she's on drugs. My question is what will happen?
What was the value? If it's a lot, this might take more than one appearance. I suggest you get a lawyer
If handled correctly, there should be a good chance of having the matter dismissed. If not a non-criminal disposition should certainly be attainable. You can discuss other options with your attorney. Good luck.
This answer is only for informational purposes and is not meant as legal advice.
There are ways to get the case dismissed and sealed. I suggest that you hire a good criminal defense lawyer.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
It sounds like you may have a defense to the charge. You should contact a good criminal defense attorney to thoroughly review your case and defend you against the petit larceny charge.
P.L. 155.25 is the misdemeanor crime of Petit Larceny. Conviction of a misdemeanor crime results in a criminal record. Under the New York State Penal Code, a misdemeanor crime is classified as an “A” or a “B.” A jail sentence of up to one year can be imposed upon conviction of an “A” misdemeanor. A jail sentence of up to 90 days can be imposed upon conviction of a “B” misdemeanor. Conviction and jail time are worse case scenarios.
A person charged with Petit Larceny could be offered an opportunity to plead guilty to the lesser crime of P.L. 240.20 which is Disorderly Conduct and be sentenced to do Community Service. Disorderly Conduct is not a crime; it is a violation and will not result in a criminal record.
It is also possible that the charge could be dismissed outright or you could be offered an Adjournment in Contemplation of Dismissal otherwise known as an “ACD” or “ACOD.” An ACD is a dismissal delayed for 6 months as long as the person is not re-arrested for another criminal offense during that 6 month period. The caution here is that an ACD may not be appropriate for everyone. Depending upon a person’s life circumstances, there may be immigration and employment considerations.
Immediately contact an experienced criminal attorney and discuss your options.
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