What will happen at court for a shoplifting charge?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What will happen at court for a shoplifting charge?
The amount was under $30. I got caught charged with petit larceny and arrested and served a appearance ticket to go to court. This is my first offense. What can happen at court I heard a $50-$250
fine and a class about shoplifting. Is that correct? Do I need a lawyer as well?
Asked on October 28, 2017 under Criminal Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Since this is a criminal offense, you really should consult directly with an attorney who might be able to get the charge dismissed on a technicality. The sooner you get legal representation, the better the potential outcome for you. Even if the charge doesn't get dropped, for a first offense you can ask the prosecutor for something known in most states as "diversion". This is an alternative sentencing program whereby you enter a plea of guilty and receive probation but upon successful completion your plea is withdrawn and the charge dismissed. Typically in such cases, a criminal history record will automatically be cleared (although in some jurisdictions you may have to apply to get it "expunged" or cleared). However, diversion is only allowed for first time offenses. Consequently, if you get into trouble again it will not be available to you at that time. That's why if you can get a lawyer and they can get the case dismissed, you will be eligible for diversion if you ever need it in the future.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Since this is a criminal offense, you really should consult directly with an attorney who might be able to get the charge dismissed on a technicality. The sooner you get legal representation, the better the potential outcome for you. Even if the charge doesn't get dropped, for a first offense you can ask the prosecutor for something known in most states as "diversion". This is an alternative sentencing program whereby you enter a plea of guilty and receive probation but upon successful completion your plea is withdrawn and the charge dismissed. Typically in such cases, a criminal history record will automatically be cleared (although in some jurisdictions you may have to apply to get it "expunged" or cleared). However, diversion is only allowed for first time offenses. Consequently, if you get into trouble again it will not be available to you at that time. That's why if you can get a lawyer and they can get the case dismissed, you will be eligible for diversion if you ever need it in the future.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.