DAT for Shoplifting in NYC

DAT for Shoplifting in NYC

You walked out of the store with a Desk Appearance Ticket. The loss prevention officer let you go. The police let you go. But here’s what nobody told you: you didn’t walk away from anything. You walked into a criminal case that can follow you for the rest of your life. Petit larceny – the legal term for shoplifting – is the most common DAT charge in New York City. Not because it’s minor. Because it’s so common. And every single case is a Class A misdemeanor.

Welcome to Spodek Law Group. We handle more shoplifting DATs than almost any other charge type. Todd Spodek tells clients the same thing every time: the store doesn’t care what happens to you. They just want you processed. Their loss prevention team catches shoplifters, calls police, and moves on to the next person. What happens to your record, your job, your future – that’s not their problem. It’s yours.

Here’s what you need to know about your shoplifting DAT and why the outcome depends entirely on what you do next.

What “Petit Larceny” Actually Means

Under New York Penal Law 155.25, petit larceny means stealing property worth $1,000 or less. This is the charge on your DAT if you were caught shoplifting from a store. The law doesn’t care if it was $5 worth of makeup or $900 in electronics. As long as the total value is under $1,000, you’re looking at petit larceny.

Petit larceny is a Class A misdemeanor. That means up to 364 days in jail and a $1,000 fine. It also means you’ve been arrested and charged with a crime. The word “petty” makes people think its not serious. It is.

Heres what matters about that $1,000 threshold. If the value of what you allegedly took exceeds $1,000, your facing grand larceny in the fourth degree – a Class E felony punishable by up to four years in state prison. The difference between misdemeanor and felony can come down to the price tag on one item.

One more thing people dont realize. If you receive a DAT for shoplifting, your arrest record exists immediatly. The arrest happened. The fact that they released you with a ticket instead of holding you overnight dosent change that. Your fingerprints were taken. Your photo was taken. You were processed through the system. When someone asks if youve ever been arrested, the honest answer is yes.

Why Shoplifting DATs Are So Common

Walk through any major retailer in Manhattan. There’s loss prevention watching. Cameras everywhere. Tags that trigger alarms. These stores catch shoplifters constantly, and they call the police constantly.

The reason shoplifting is the most common DAT charge isnt that police prioritize it. Its that stores create a steady stream of arrests. Target, Walmart, CVS, Duane Reade, Sephora, Macys – each one generates dozens of shoplifting arrests every week. Under the 2020 reforms, almost all of these result in DATs rather then overnight bookings.

Heres something most people dont know about how stores operate. Major retailers have loss prevention teams that are basicly professional witnesses. They watch you take the item. They watch you conceal it. They watch you pass the point of sale. They stop you outside the store. By the time police arrive, loss prevention has already documented everything – video, receipts, witness statements. The evidence against you was being assembled while you were still in the store.

This dosent mean every case is hopeless. It means you need to understand what your up against. The prosecution starts with a prepared case becuase the store handed them one.

The First-Time Offender Advantage

If this is your first arrest, you have something valuable: a clean record. First-time shoplifting offenders are treated very differently then repeat offenders. The system has built-in mechanisms to resolve these cases without permanent consequences – if you know how to access them.

The most common outcome for first-time shoplifters is an ACD – an Adjournment in Contemplation of Dismissal. Under CPL 170.55, your case is adjourned for six months. Stay out of trouble during that period, and your case is automaticaly dismissed and sealed. The arrest becomes a legal “nullity” – as if it never happened.

This is the outcome you should be fighting for. Not a reduced charge. Not community service. Complete dismissal with no record.

But heres what people dont understand about ACDs. There not automatic. The prosecutor has to agree. In Manhattan, theres an unofficial guideline: if the alleged shoplifting was under $100, an ACD is likely. Once you get above that amount, prosecutors become less generous. The higher the value, the harder you have to fight for a dismissal.

This is were your lawyer matters. Someone has to advocate for why you deserve an ACD. Someone has to explain the mitigating circumstances. Someone has to push back if the prosecutor offers something worse. Show up without representation and you get whatever offer the prosecutor decides to make – with no negotiation, no advocacy, no pushback.

What Happens If You Can’t Get an ACD

Not every shoplifting case ends with an ACD. Sometimes the prosecutor insists on a conviction. When that happens, theres a hierarchy of outcomes – some much better then others.

Disorderly Conduct: This is a violation, not a crime. If you plead to disorderly conduct instead of petit larceny, you avoid a criminal conviction. Violations technicaly seal, though there have been cases were they still appeared on background checks years later. Its not as clean as an ACD, but its much better then a misdemeanor conviction.

Community Service: Some cases resolve with a requirement to complete community service hours. You do the work, the case is resolved. You may still have a conviction depending on what you plead to.

Conditional Discharge: You plead guilty but avoid jail time. Instead, you have conditions – stay out of trouble for a period of time, pay restitution to the store. You have a conviction on your record, but your not incarcerated.

Probation: For cases with aggravating factors or repeat offenders, probation becomes more likely. This means regular check-ins, possible drug testing, restrictions on your activities.

Jail Time: Rare for first-time shoplifters, but not impossible. The maximum is 364 days. Actualy serving time usually requires either a significant criminal history, an unusually high-value theft, or some aggravating circumstance.

The pattern to notice: outcomes get worse as cases get more serious. First offense, low value, no aggravating factors? Strong chance of ACD. Repeat offender, high value, circumstances that make the case worse? Expect tougher negotiations.

The Civil Demand Letter

Heres something that catches people off guard. After your arrest, you may recieve a civil demand letter from the store – usualy from a law firm that handles these in bulk.

New York law allows retailers to seek civil recovery from shoplifters. The demand is typically for the retail value of the merchandise (up to $1,500) plus a penalty – either $75 or five times the retail value, whichever is greater, capped at $500. You might get a letter demanding $500 or more even if you shoplifted a $20 item.

These letters are designed to scare you into paying. They threaten lawsuits. They imply that paying will help your criminal case. Mostly, they rely on people panicking and writing checks.

The reality is more nuanced. Whether to pay these demands is a complicated decision that depends on your specific situation. The civil demand is seperate from your criminal case. Paying dosent make the criminal charges go away. Not paying dosent make the criminal case worse. Talk to your criminal defense lawyer before you respond to any civil demand letter.

Evidence in Shoplifting Cases

Loss prevention teams are trained to build cases. By the time you walked out of the store, they had already assembled evidence against you. Understanding what evidence exists helps you understand your options.

Video Footage: Almost all major retailers have surveillance cameras. The footage shows you taking the item, concealing it, and leaving. This is often the strongest evidence.

Loss Prevention Observation: The LP officer watched you in real-time. They can testify about what they saw. Their written report documents the entire incident.

Recovery of Merchandise: Did police recover the item from you? If so, thats physical evidence of the alleged theft.

Statements You Made: Did you say anything to loss prevention or police? “I’m sorry” or “I didnt mean to” can be used against you. Even denials can be twisted. What you said matters.

Store Records: Receipts, inventory records, price tags – all of this can establish the value of the merchandise, which determines wheather your facing a misdemeanor or felony.

Heres the thing about evidence. Having strong evidence dosent mean your case cant be resolved favorably. Prosecutors dont want to take every shoplifting case to trial. They want to resolve cases efficiently. Even with video footage and a confession, first-time offenders often get ACDs becuase its not worth the resources to prosecute fully.

But evidence does affect your negotiating position. If the case against you is weak – maybe the video is unclear, maybe loss prevention lost sight of you – your lawyer has more leverage. If the case is airtight, the negotiation is more about character and circumstances then disputing what happened.

Immigration Consequences

For non-citizens, shoplifting charges carry risks that go far beyond the criminal case.

Petit larceny can be considered a “crime involving moral turpitude” under federal immigration law. This designation can trigger serious consequences – visa revocation, denial of citizenship applications, even deportation in some circumstances.

The specifics depend on your immigration status, how long youve been in the country, the exact disposition of your case, and other factors. But the risk is real. A conviction that seems minor in criminal terms can be devastating in immigration terms.

This is why an ACD matters so much for non-citizens. An ACD isnt a conviction. It dosent trigger the same immigration consequences. Fighting for a dismissal isnt just about your criminal record – its about protecting your ability to remain in the country.

If your not a citizen, make sure your criminal defense lawyer understands immigration law or works with someone who does. The criminal case strategy has to account for immigration risks.

Employment Consequences

Background checks are routine. Employers see arrests. Employers see convictions. What they see affects wheather you get hired.

An ACD that results in dismissal and sealing protects you. After the case is sealed, it shouldnt appear on standard background checks. You can honestly say you werent convicted of a crime.

A conviction – even for a violation, even with no jail time – shows up. How employers react depends on the employer and the job. Some wont care. Others will reject you immediatly. Jobs involving trust, money handling, or security clearances are particularly sensitive to theft convictions.

Heres what people dont consider when they want to “get it over with.” Pleading guilty at arraignment to make the case go away fast creates a permanent record. That record affects job applications for years. The person who fights for an ACD, waits six months, and gets the case dismissed walks away clean. The person who pleaded guilty is still explaining that conviction on applications five years later.

What Spodek Law Group Does for Shoplifting Cases

At Spodek Law Group, Todd Spodek handles shoplifting DATs with one goal: complete dismissal whenever possible.

We investigate your case before arraignment. What happened? What evidence exists? What are the weaknesses? What circumstances might persuade the prosecutor that an ACD is appropriate?

We negotiate with prosecutors. We explain mitigating factors. We push for the best possible outcome, not just whatever offer they throw out first.

For cases were an ACD isnt available, we fight for the next best thing – a violation plea instead of a misdemeanor, community service instead of probation, outcomes that minimize the lasting damage.

Call us at 212-300-5196. The consultation is free. We’ll review your case and tell you realistically what outcomes are possible. The store dosent care what happens to you. We do.