Shoplifting in New York & the Adjournment in Contemplation of Dismissal
In just about every shoplifting arrest in New York, your criminal attorney or shoplifting lawyer is seeking to obtain a dismissal or disposition where your record remains clean. This is true whether you are given a Desk Appearance Ticket for shoplifting because you violated New York Penal Law 165.40 or you were processed through a full blown arrest for violating New York Penal Law 155.25.
Depending your shoplifting lawyer's analysis of your specific case, he or she may believe that implementing a legal defense (an illegal search by the police or a statement obtained without Miranda warnings) is the best approach. Alternatively, your criminal attorney may firmly believe there is a factual defense as to your alleged conduct. In many circumstances, mitigation is the proper approach. Regardless, if you are unable to ultimately obtain a dismissal on the merits or a dismissal through procedural means (discuss the possibilities of this difficult defense with your lawyer), an Adjournment in Contemplation of Dismissal or ACD is the next best thing. This is certainly true if you do not wish to go to trial on your New York shoplifting arrest.
When charged with shoplifting by Petit Larceny or Criminal Possession of Stolen Property, there are certain shoplifting plea offer guidelines such as those regularly in New York City prosecutors’ offices. Unless your alleged theft is less than $100 to $200, an ACD offer may not be in the cards for you without an attorney properly advocating on your behalf.
The Disorderly Conduct: NY PL 240.20
In most cases where a misdemeanor or a felony is charged, a violation of Disorderly Conduct can be a tremendous result. After all, it is not a criminal conviction and will not give you a criminal record. Despite this, there is a fear amongst many criminal attorneys that clients who take such a deal may find out years later, for example, that the Disorderly Conduct did not seal properly. As a result, the teacher, lawyer, doctor, investment banker or other professional may not only be embarrassed, but may lose business and career opportunities when their prior theft arrest is revealed.
The ACD Advantage
The benefits of an ACD are many. First, there is no plea of any kind. This means there is no admission of guilty to either a criminal act or a violation. Second, the case is ultimately dismissed and sealed. Therefore, the case does not just get closed, but in fact dismissed by an act of law. Once it is sealed, outside of very limited instances prosecutors, lawyers, the public, etc., will not be able to access the file. In cases involving Petit Larceny and Criminal Possession of Stolen Property, this dismissal and sealing takes six months. Lastly, New York Criminal Procedure Law 170.55 establishes that your arrest for NY PL 155.25 or NY PL 165.40 becomes a “nullity.” While this is section of the criminal procedure law is subject to interpretation, many New York criminal lawyers view this section as an attempt by the New York State Legislature to erase a dismissed arrest in its entirety. Certainly, before making any representations as to your arrest or criminal history, consult with your own criminal attorney, such as one of the former Manhattan prosecutors at Crotty Saland PC, who is versed in New York law and procedure.
For a wealth of information on shoplifting and other theft crimes, please review Crotty Saland PC’s NewYorkCriminalLawyerBlog.Com or our NewYorkTheftAndLarcenyLawyersBlog.Com . Additional information concerning criminal statutes, legal decisions and the former Manhattan prosecutors who founded Crotty Saland PC is also available on these blogs and CrottySaland.Com.
Call the Manhattan & NYC Shoplifting Lawyers at Crotty Saland PC at 212.312.7129 or Contact Us Online to Start Your Criminal Defense Now