Generally, there are a few ways to attack a shoplifting case anywhere in New York City. In fact, an experienced New York Desk Appearance Ticket lawyer or shoplifting attorney may have an arsenal of ideas and defenses to share with you if they are applicable in your particular case. Whether you are charged with New York Penal Law 155.25, New York Penal Law 165.40 or any other shoplifting crime, you should have a thorough conversation with your counsel as to these potential defenses. In no particular order, these general methods or defenses are mitigation, evidentiary and procedural. In some cases involving thefts in the tens of thousands of dollars, the former Manhattan prosecutors and New York criminal defense lawyers at Crotty Saland, PC have even pursued the "alternative plea" defense. This approach can be discussed in greater depth with one of our attorneys.
Without going into great detail here, your mitigation defense may require that you and your criminal lawyer establish that the prosecution sees you as a person and not merely a criminal defendant, D.A.T. or docket number. In the simplest terms, this is a "good person...bad mistake" defense. Obviously, the approach is vigorously pursued and represented in much greater depth.
The second general approach may be that the evidence, whether the factual or legal evidence, is not sufficient to establish the crime. Here, either we would seek to establish (or the prosecution cannot establish) that you did not shoplift or the value of the felony accusation is incorrect. Maybe this was a mistake on the part of store security. Your actions, for example, were not "wholly inconsistent" with the actions of a shopper at a department store. This standard is set forth in People v. Olivo. In these cases, we could attempt to seek a dismissal through a motion to dismiss (legal grounds) or seek to confront the prosecution as the case is pending or ultimately at a trial. At bottom, we vehemently argue that the facts do not support the crime as alleged. In arguing that you "just didn't do it," we would examine the supporting deposition from the store security guard, video surveillance if maintained and any other applicable documentary or recorded evidence.
Lastly, there are procedural steps that may be taken for the purpose of attempting to obtain a "speedy trial" dismissal. Generally, the prosecution has 90 days to be ready for a trial in a misdemeanor or Desk Appearance Ticket shoplifting case. Practically, however, these 90 days can last months beyond that time frame. This defense is not necessarily an easy one, but something worth discussing with your counsel.
While none of these defense approaches will guarantee a particular result, the New York criminal attorneys and former Manhattan prosecutors at Crotty Saland, PC have had tremendous success utilizing some or all of these defenses for our clients. Again, while no shoplifting lawyer can guarantee a particular result based on a previous outcome, we are open to taking the time to discuss how a particular defense route may work for you in your unique circumstances.
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 shoplifting crimes.
In depth information on shoplifting crimes, statutes and laws is located on Crotty Saland PC's New York Criminal Lawyer Blog and its shoplifting crime section.
