How canI get a shoplifting charge to not go on my record?
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How canI get a shoplifting charge to not go on my record?
My only defense is the property was not mine and I got caught carrying it out. My friend, who was there, did not walk out so was not stopped. However they were in the room when we were questioned. This is my first offense.
Asked on April 5, 2011 under Criminal Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Shoplifting is a criminal offense. Accordingly you should have legal representation. An attorney might be able to get the charge dismissed on a technicality or at least get it reduced. Since you are a first-time offender, you should be eligible for "diversion". This is an alternative sentencing program whereby you will plead guilty to the charge, receive a special probation, and upon successful completion of probation your lpea will be withdrawn and your case dismissed. Additionally, your record should be automatically cleared. However, diversion is typically only allowed for a first offense. This means that if you ever again get into trouble it will not be available to you at that time. This is why if you get an attorney who gets the charge dismissed, you will be eligible for diversion in the future if she should need it.
If money is an issue, see if you qualify for representation by the Public Defender or Legal Aid (there are income limits and other eligibility criteria). Also, check if there is a law school nearby to where the charges where brought; they typically run free/low cost clinics that handle these type cases. Finally, you can contact the local Bar Association in the county in question; they may have a list of attorneys who will take your case "pro bono" (for free) or at least for a reduced fee based on your income/circumstances.
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