NYC Shoplifting Lawyers
Shoplifting: Navigating the Legal Landscape
The Arrest Process
Shoplifting is one of the most common criminal offenses. Many offenders are non-violent, but the arrest process can be very aggressive. It normally begins with a confrontation, where you’ll be brought to another room and searched. The employee may go through your belongings, and you could be tricked into signing various documents – which may not be legible. You can be coerced into signing documents that force you to admit guilt. You could be forced to pay a fine, or a civil demand. This is done by promising to release you, if you pay it. Many people are then turned over the police after being detained for hours – without food, water, or access to a bathroom. While you are detained, you will be interrogated. You’ll be taken to the police station, fingerprinted, and photographed, in addition to being released with a desk appearance ticket. The fingers and photographs, along with the arrest report, are on file with the police and could become public record. Store employees will use a shoplifting arrest as an opportunity to trick you into signing legal documents, and paying unnecessary fines. The police will sugar coat your situation, and make you think they are on your team. Although this could be your first shoplifting case, it can ruin your entire life.
The Court Process
Following a shoplifting arrest, you are issued a desk appearance ticket, which will require you to return to court on the date mentioned on the ticket. The tickets are given to you, in lieu of taking you to the Central Booking station. If you fail to return to court as directed, an arrest warrant can be issued. When you go to court, it’s crucial you have legal representation so your case is resolved easily.
Stages of a Shoplifting Case
The first stage is the arraignment. In New York, all criminal cases start when you appear in court with a shoplifting lawyer. For most cases that involve a desk appearance ticket, the arraignment date is on the face of the ticket. The arraignment is the official reading of the rights you have, and the charges you face. At the arraignment, you and your shoplifting lawyer will be informed about the nature of your charges, and what evidence the prosecution has. Your attorney will try to make a move for a dismissal, enter a plea on your behalf, make motions, and/or engage in negotiations. The arraignment is an informational hearing – which gives you and your attorney an opportunity to learn about the case. It is not a trial, so the judge/prosecutor won’t try to engage in any proceedings to determine facts of your case. Generally, the judge will speak about things like negotiations, set bail, adjourn, or dismiss the case. This is a critical part of the case. If you go to an arraignment without an attorney, and plead guilty/admit guilt, you could be convicted immediately. Once convicted, the judge has the power to sentence you to the maximum penalty allowed by law. New York law contains overly harsh penalties, and this can ruin your future. At arraignment, there are three possibilities: the case will be dismissed, you will be convicted, or your case will be adjourned. You should only plead guilty after speaking to your NYC shoplifting lawyer.
Post-arraignment, if the case is adjourned, you and your attorney will return to court. Adjournments generally are done for a reason. Your case might be adjourned because you don’t have an attorney – and must return with an attorney, or adjourned for your attorney to file motions, or for your attorney to negotiate with the prosecutor. Special motions can be made for shoplifting cases, which is an important way to fight your case.
Considering a Plea Deal
After you understand your situation, you might wonder if you should take a plea deal. Be extremely careful. The prosecutor isn’t required to protect your interests. The prosecutor looks good when he gives you the strongest punishment possible. All deals aren’t created equally. Some deals can lead to a permanent criminal record, or result in deportation. Others can result in employment issues, travel issues, immigration issues, or other issues.
Employee Shoplifting
10% of employees are accused of stealing from employers. Common examples of employee theft include office supplies, petty cash, products from inventory, products which have been returned to the store, products from shelves, kickbacks, and payoffs from vendors, in addition to money from company accounts. Companies like Walmart lose approximately 3-4 billion a year in employee theft. Employers use a number of techniques to combat this form of theft, including but not limited to: video surveillance, merchandise databases, RFID tags, and security checkpoints at the exits. Any suspected theft can lead to arrest, charges, and more.
Civil Demands After a Shoplifting Arrest
Civil demands are a threat of a civil lawsuit by lawyers who represent a retail store. For example, if you stole in Macy’s and were arrested, then the store can sue you for monetary damages in addition to reporting it to the police. Stores are very aggressive, and use civil demands to punish shoplifters and in order to make money. Civil demands can be made immediately after an arrest, and before a police arrive – before anyone tells you what you’re being accused of doing, and without informing you of your rights. Stores will do this to shock you into giving compensation. Often, we hear of situations where a shoplifting individual has his/her credit card taken by store security guards, who then charge the shoplifter’s credit cards for money without the card owner’s permission, and before guilt or innocence has been determined. Civil demand follows New York General Obligation Law Section 11-105, which is why they can do it without getting in trouble.
Types of Shoplifting
There are many types of shoplifting charges under NY penal code. This includes petit larceny, criminal possession of property, and grand larceny. Petit larceny and criminal possession of stolen party are considered misdemeanors. Grand larceny in shoplifting cases are treated as 4th degree felonies, which are more serious felony charges – depending on the value of the goods that are stolen. Various types of shoplifting can result in criminal charges. This includes taking items and walking out of a retail store, taking items and concealing it, or theft using a booster bag, tag switching, group shoplifting, and also shoplifting through “sweethearting.” One of the most popular methods of shoplifting is taking items and then making a quick exit. Often, stores try to place expensive merchandise as far from the exit as possible. Concealing items in shopping bags, backpacks, pockets, or other places, is a very popular form of shoplifting. The act of shoplifting with booster bags, involves using bags which are made with material which disrupts communication between magnetic, microwave, or RFID tags and their readers. The bags also often conceal stolen merchandise, and are made from the retailer’s own shopping bags.
Tag switching, is another popular method of shoplifting, which involves removing the price tag on an item and replacing it with a cheaper tag from a less expensive item. It can also involve placing an inexpensive tag on an item which has no tag at all. Group shoplifting typically involves acts where individuals act together to steal goods. Sweethearting refers to when a store casher/employee fails to scan items, for a friend or family member. The employee pretends to scan items, but covers the barcode, or will move/stack the items in a way to avoid scanning.
Sealing Shoplifting Records
Shoplifting or petty theft is essentially the removal of something from a store without paying for it. However, removing or altering a price tag, removing security tags, or removing the packaging of an item and placing it among other things, is also considered shoplifting. Shoplifting is dealt with differently in different states.
In some states, shoplifting is charged as theft or larceny. However, in others, shoplifting is considered separately and depends on the value of the merchandise. If you stole less than $100 worth of items in Massachusetts, for example, and it is your first offense, you may only have to pay a fine. However, if you took an expensive item, like a computer, you may have more severe penalties to face. In addition to criminal charges, a person might also face civil liabilities.
Most employers, especially in retail settings, now conduct background checks on future employees. If you have a shoplifting charge on your record, you might want to consider expungement or sealing of your record. Having your record sealed or expunged means that you can honestly answer “no” to any question that asks if you have been convicted of a crime (assuming the sealed record is your only conviction). It also prevents future employers from seeing your arrest or conviction record – this is something an NYC shoplifting lawyer can help you achieve.
Immigration Consequences of Shoplifting
If you’re an immigrant charged with shoplifting, the consequences can be serious. Immigration laws are clear: a criminal conviction can lead to a change in your status, or lead to deportation. Criminal charges you face can be a critical issue, when it comes to your immigration status. Shoplifting is considered a crime of moral turpitude, which means shoplifting is a vile act. These types of crimes are listed under immigration law, as being those which restrict an immigrant from being admissible to the country. If you are convicted of shoplifting, you could be removed from the US by order of the Attorney General. Even one conviction of shoplifting can lead to deportation if it happens within 5 years of your admission to the USA. As a result, it’s helpful to speak to an experienced NYC shoplifting lawyer.
Out-of-State and Out-of-Country Shoplifting Cases
It can take many court appearances before your case is completed. Your first court appearance is an arraignment, where the court and prosecutor become acquainted with your attorney and then schedule the follow up litigation. The first court appearance is just the arraignment. You may need to make several trips back to court, in order to complete the case. If you live outside NYC, traveling to court can be a problem for you in terms of time and money. If you live in another country, it can be a huge problem. An experienced NYC shoplifting lawyer can help represent you even if you live out-of-state or out-of-country.
Hiring an NYC Shoplifting Lawyer
Shoplifting is not a minor or harmless crime. Prosecutors in New York do not overlook criminal instances of shoplifting. Those whose property was stolen in a shoplifting incident likely press charges in order to deter future incidents of theft.
The potential penalties for a shoplifting conviction in New York can be severe, depending on the circumstances of the incident. Petit larceny (theft under $1,000) is a class A misdemeanor punishable by up to 1 year in jail and a $1,000 fine. Grand larceny (theft between $1,000-$3,000) is a class E felony punishable by up to 4 years in prison and a $5,000 fine. A criminal conviction can also have lasting stigma and impact your ability to get a job, rent an apartment, or apply for insurance.
Hiring an experienced NYC shoplifting lawyer is critical to defending against shoplifting charges and mitigating the potential consequences. An attorney can explore defenses, negotiate with prosecutors, and work to get the charges reduced or dismissed if possible. Don’t face shoplifting charges alone – contact a skilled NYC shoplifting lawyer right away