Although there are no guarantees, if you are a first-time offender, the District Attorney's Offices throughout New York City may offer you a reduced charge in order to resolve your shoplifting D.A.T. or arrest. The type of offer made will depend largely on the value of the allegedly stolen property and circumstances surrounding your arrest. This value or amount factor, as well as the advocacy of your criminal defense attorney, is a critical element in any potential offer.
Shoplifting Thefts $100 or Less
The guidelines for first time shoplifting offers vary for each county in New York City (Manhattan, Brooklyn, Queens, the Bronx and Staten Island) as well as in Westchester and Rockland Counties. However, in general, if the value of the allegedly stolen property is $100 or less, first-time offenders may be offered an Adjournment in Contemplation of Dismissal (ACD) along with one or two days of community service. This type of offer also assumes that other charges will not be brought such as Resisting Arrest, Trespassing or other crimes often associated with shoplifting. Remember, your Desk Appearance Ticket will only display one charge, but other crimes can be charged on the criminal court complaint.
Assuming an ACD is offered (technically, the prosecution "moves" for an ACD), the case will be dismissed and sealed after six months. This will occur as long as there are no additional arrests or charges. The benefits to this type of disposition are many. Not only is there no plea or admission to any criminal conduct, but barring some rare exceptions, the case will be gone forever as well as any record of it. In fact, under New York State law, your arrest may become a "nullity." Non-citizens, however, should discuss potential implications of an ACD with their legal counsel prior to accepting such a disposition
Shoplifting Thefts Between $100 and $500
When the stolen property is worth more than $100 but less than roughly $500, a possible offer may be Disorderly Conduct (New York Penal Law 240.20), which is a violation rather than a crime. As with an ACD, this charge will eventually be sealed. Unlike an ACD, however, you would be admitting that you were behaving disorderly and the matter is not being dismissed. It is important to note that a plea to this violation is not a plea that would give you a criminal record. Going forward you would not have to state you have a criminal conviction. In many circumstances, if an ACD cannot be obtained, a Disorderly Conduct is the next best thing.
Unfortunately, as good as a Disorderly Conduct sounds, there are still real ramifications that absolutely should be examined with your shoplifting lawyer or criminal defense attorney. In fact, because these potential ramifications are quite significant, the New York criminal attorneys at Crotty Saland, PC routinely advise our clients to fight for an ACD or procedural dismissal even if that means returning to court multiple times and rejecting the Disorderly Conduct (note - this is NOT advice for you in your particular case. Consult with your own counsel when ascertaining the proper defense and disposition in any criminal matter).
The most significant consequences of a Disorderly Conduct is that even though it legally seals, the underlying arrest and violation plea often "pops" on background checks. No attorney can say whether this will happen in your case, but, as mentioned earlier, there has been at least one highly publicized suit where a person was denied a job because the sealed record of the prior arrest was readily available on an employer's background check. Anecdotal evidence from the attorneys at Crotty Saland, PC supports this as we have gotten countless calls and email inquiries from individuals who believed their records were sealed, but ultimately found out the Disorderly Conduct plea and underlying Petit Larceny arrest was not.
Shoplifting Thefts in Excess of $400 to $500, but below $1,000
If the value of the merchandise is closer to $400 to $500 or more, prosecutors generally become less lenient. In fact, sometimes they only "offer" a lesser misdemeanor. However, pleading to any misdemeanor still means you will have a criminal record. You will need to list it on any application for employment, and it will show up in any future background check. Accepting this type of disposition rarely, if ever, seems like a good idea.
Remember that any plea could have an impact on your future. Because the consequences may be life-long, you should never make a hasty decision or let the police or prosecutors talk you into waiving your right to an attorney. Before you consider making any sort of deal with the District Attorney's Office, you should have a lengthy discussion with your own New York criminal defense attorney about your options.
Our law firm serves clients in Manhattan, Brooklyn, Bronx, Queens and Westchester County. Call us at 646-808-3300 or contact us online today to speak with our New York attorneys and former Manhattan prosecutors about misdemeanor drug crimes.
In depth information on drug crimes, statutes and laws is located on Crotty Saland PC's New York Criminal Lawyer Blog and its drug crime section.
