New York Criminal Lawyer Blog

While there are bright and articulate people on all sides of the argument to legalize marijuana in New York State, as it stands now the law is clear. Possession of marijuana ("marihuana" in the New York Penal Law) is illegal. In New York City (Manhattan, Brooklyn, Bronx and Queens) as well as in Westchester County, possession of merely a joint can lead to an arrest or issuance of a Desk Appearance Ticket for Unlawful Possession of Marijuana (New York Penal Law 221.05), Criminal Possession of Marijuana in the Fifth Degree (New York Penal Law 221.10) or Criminal Possession of Marijuana in the Fourth Degree (New York Penal Law 221.15).

The issue for most people, however, is not whether possession is illegal or whether they will be issued a New York Desk Appearance Ticket or be put through the system. Instead, a question often asked to New York criminal defense attorneys is what is the potential punishment and, secondarily, how will this impact the accused's future. This first entry on this topic will address the violation and the misdemeanor crimes involving marijuana possession as well as the potential punishment associated with those offenses. A later entry will address the felony crimes involving the possession of marijuana.

Unlawful Possession of Marijuana (NY PL 221.05)

Unlawful Possession of Marijuana is perpetrated when one knowingly and unlawfully possesses marijuana. Often times the scenario where this offense is charged is where the marijuana is not burning or open to public view, but it is recovered from a pocket or similar location. A "violation," a conviction of this offense will not result in a criminal record. For a first time offender, a fine of no more than $100 will be levied as well as possible court costs.

Criminal Possession of Marijuana in the 5th Degree (NY PL 221.10)

One can be convicted of Criminal Possession of Marijuana in the 5th Degree when one possesses the marihuana in a public place and it is either burning or, alternatively, open to the view of the public. Moreover, even if the marijuana is not possessed as described, a conviction will be sustained if the aggregate weight is more than twenty-five grams but no more than two ounces.

A "B" misdemeanor, this crime is punishable by up to 90 days in jail.

Criminal Possession of Marijuana in the 4th Degree (NY PL 221.15)

A person will be found guilty of Criminal Possession of Marijuana in the 4th Degree if the prosecution proves beyond a reasonable doubt that you unlawfully and knowingly possessed marijuana with an aggregate weight exceeding two to eight ounces.

An "A" misdemeanor, this crime is punishable by up to one year in jail (Rikers Island or the Westchester County Jail).

It is important to note that mere possession and even an admission by the accused does not mean the accused should plead guilty or accept a criminal conviction. Often times there are multiple ways to fight these cases. For example, whether you were issued a Desk Appearance Ticket for marijuana possession or arrested for possessing the contraband, a Marijuana Adjournment in Contemplation of Dismissal (ACD) may be a potential way to resolve your case. Although it should be further discussed with your New York criminal defense lawyer, the case can be dismissed and sealed in year leaving you without a criminal record. Alternatively, if you are charged with Criminal Possession of Marijuana in the Fourth or Fifth Degrees and you are not eligible for a Marijuana ACD, a plea to the violation and a fine may be a way to avoid a criminal conviction.

Beyond the potential crimes and punishments, another important issue that should be addressed in these types of cases is how it came to be that you were stopped and searched by the police. Where did they recover the marijuana? Was it on your person? How did they get into your pockets? What was there probable cause? At bottom, was the search legal? It may be that conduct by the police was absolutely legitimate, but these issues are certainly areas that should be explored.

The above primer for marijuana misdemeanor crimes is just that...a primer. There are many substantive issues and concerns that should be addressed that are beyond the criminal case. Will this impact your certification or licensing? Will you have a record forever if convicted of these crimes? What about if you are only convicted of the violation? The list goes on.

For further information about New York Desk Appearance Tickets, please follow the highlighted link. For information on marijuana crimes, recent legal decisions, newsworthy cases and other offenses, please read the New York Criminal Lawyer Blog at NewYorkCriminalLawyerBlog.Com.

The New York criminal defense attorneys at Crotty Saland LLP represent clients in all criminal matters throughout the New York City region. Prior to starting the firm, the founding partners served as prosecutors in the Manhattan District Attorney's Office.

You were either arrested and put through the arrest process or you were issued a Desk Appearance Ticket (DAT) for shoplifting (New York Penal Law 155.25 or 165.40) after store security stopped you with a pair of jeans hidden away in your bag at Macey's or some makeup buried in your pocket at Bloomingdales. Although you have never been in trouble before, you now face the grim reality that you need to consult with a criminal defense attorney regarding your shoplifting arrest or Desk Appearance Ticket (DAT) and the ramifications of the associated misdemeanor crimes.

Regardless of what you are alleged to have shoplifted (clothing, electronics, makeup, jewelry, etc.), the crimes you now face are misdemeanor offenses in New York as long as the value of the property stolen does not exceed $1000 (with some exceptions). That is right....whether the property was a $750 watch or a $5 pair of socks, the misdemeanor crimes of Petit Larceny (NY PL 155.25) or Criminal Possession of Stolen Property in the 5th Degree (NY PL 165.40) are the two charges you will be facing and addressing with your New York criminal defense lawyer. Make no mistake. The "shoplifting misdemeanors" are punishable by up to one year in jail and are just as serious under the law as misdemeanor Assault, Criminal Mischief and even Forgery.

According to New York Penal Law Section 155.25, a person is guilty of Petit Larceny when he steals property.

According to New York Penal Law Section 165.04, a person is guilty of Criminal Possession of Stolen Property in the Fifth Degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impeded the recovery of an owner thereof.

Both of the above-mentioned crimes are misdemeanors punishable by up to one year in jail. Although jail in New York City is rarely associated with these crimes for first time offenders, the bigger issue is avoiding the criminal record at all. In Manhattan, for example, a common disposition is a 240.40 Disorderly Conduct if the theft is nominal, the accused has no record, the property was recovered, no resisting or violence was involved and there are other mitigating factors. While not a crime and "only" a violation, a college student, professional in any capacity or anyone who needs certification would want to consult with a criminal defense attorney about whether or not he or she should accept such a disposition assuming it is offered. A very real concern with this violation of the penal law as a plea bargain is that while it technically seals, Disorderly Conducts have been known to "pop" on a background check. Therefore, a future employer or anyone conducting a background check may find out years down the road that you were arrested and charged with a theft crime. Whether that means you are working on your masters degree to become a teacher, you are employed in finance or you not sure what job / career you will have five years from now, you do not want a Disorderly Conduct impacting your future. When this arrest is uncovered the record will not reflect that you were "merely" arrested or issued a Desk Appearance Ticket (DAT) for stealing a $10 bracelet, but that you were charged with Petit Larceny which, as noted above, can be a theft of any property $1000 or less.

Ultimately, if you are charged with Petit Larceny or Criminal Possession of Stolen Property due to a shoplifting arrest or Desk Appearance Ticket (DAT) in Manhattan, Brooklyn or anywhere else in New York City, consult with an experienced New York criminal defense attorney about whether you should accept a Disorderly Conduct if it is offered. Although each case must be assessed individually, it may be worth your time and effort fight the case to exonerate yourself completely or, in the alternative, seek to obtain an adjournment in contemplation of dismissal (ACD) whereby the case will be dismissed and sealed six months later.

For more information on Desk Appearance Ticket (DAT) go to NewYorkDAT.Com.

For further information on shoplifting go to NYShopliftingLawyers.Com and search the blog for related materials.

Founded by two former Manhattan prosecutors who served under Robert Morgenthau, Crotty Saland, LLP is a Manhattan based criminal defense firm representing clients throughout New York City and the region.

The NY criminal defense attorneys and former Manhattan prosecutors at Crotty Saland, LLP have handled a significant number of Desk Appearance Tickets (DATs) and "pink" summonses for our clients. In Manhattan, these cases are often dealt with at 100 Centre Street, 346 Broadway ("pink" ticket / summons court) or at Midtown Community Court. Whether the summons or Desk Appearance Ticket (DAT) charges you with Shoplifting Petit Larceny (NY PL 155.25 or NY PL 165.40), Marijuana (NY PL 221.10), Drug Possession (NY PL 220.03), Theft of Services (NY PL 165.15), Assault (NY PL 120.00), Trespass (NY PL 140.10), or even Disorderly Conduct (NY PL 240.20), the ramifications of mishandling the Desk Appearance Ticket (DAT) is no different than if you were arrested, booked and put through the criminal justice system. That means, you can still end up with a criminal record even though you were merely given a "ticket" for a criminal act.

For the purpose of today's entry, I will discuss the differences between the potential Manhattan courts that deal with these charges. Again, a Desk Appearance Ticket (DAT) or "pink ticket" summons in Manhattan is returnable to 100 Centre Street, Midtown Community Court or 346 Broadway.

100 Centre Street

The criminal court building houses the majority of the criminal courts in Manhattan. This building is where cases are generally arraigned (where the judge informs you of the charges) and where an accused sees the judges over the course of their pending cases. Desk Appearance Tickets (DAT) in Manhattan are returnable here as well. On the first floor of 100 Centre Street are the arraignment courts. On the date you are to go to court to deal with your desk appearance ticket you should arrive no later than 9:00 am. After going through security, you will wait in the court or outside the courtroom if it is filled to capacity. Sometimes, due to the number of cases being arraigned, the wait can be hours before you see an attorney or the judge. For this reason, and others as well, it is important to retain an attorney ahead of time. Generally, this expedites the process significantly. For more information on 100 Centre Street, follow this link for earlier blog entry.

Midtown Community Court

Located at 314 West 54th Street between 8th and 9th Avenue, Midtown Community Court often handles quality of life crimes in the area of midtown such as Times Square. The closest subway station to Midtown Community Court is the 7th Avenue, B, D or E as well as the 50th Street C or E trains. The offenses prosecuted here are misdemeanors or violations and very often deal with non-violent crimes. Although not felonies, these crimes are still punishable by up to one year jail. Make no mistake, merely because you are being prosecuted in community court by no means make the case less significant. In fact, if the case is not resolved at your arraignment, it may be adjourned to 100 Centre Street. It is important to note that crimes involving Prostitution and Escort Services often remain in Midtown Community Court and are not transferred to 100 Centre Street.

Unlike 100 Centre Street, Midtown Community Court has one court room. Although just as formal, there are significantly less cases prosecuted here and the atmosphere is not as overwhelming. That being said, if your Desk Appearance Ticket (DAT) requires your appearance at 9:30 am, get to court by 9 am because the line to get in often extends outside the building. Moreover, once inside, you will be screened and walk through a metal detector.

In addition to misdemeanors, Midtown Community Court also handles "pink ticket" summonses. Often times these cases are resolved with a fine, community service, a quality of life program or a combination of these sentences.

346 Broadway

Located at - you guessed it - 346 Broadway, the summons court handles most "pink ticket" summonses issued by the police. This court is located between Lafayette Street and Broadway. The entrance is on Leonard Street. The closest subway station is the 6 at Canal Street and the 4,5 or 6 train at Brooklyn Bridge / City Hall. Additionally, the 1 train at Franklin Street, the A or C at Chambers Street or the R or W at City Hall are relatively close. As noted above, if your case is scheduled for 9:30 am, get online by 9:00 am. Not only can the line to go through security extend around the side of the building, once inside, you must go to the second floor and wait on another line. This line is often 25 to 50 people long. When you are done waiting, you turn in your ticket to a clerk who will advise you which court room on the second floor to go to. Because these courtrooms are small, if you are not there early there is a chance you will have to wait in the hallway as there will be no seating.

Like all of the other courts, if you cannot afford counsel one will be provided for you. Having your own counsel, however, often significantly expedites the process. Regardless, each case is handled the same at 346 Broadway as there is no prosecutor, but a retired judge who presides over the cases. These judges are judicial hearing officers who do not necessarily follow the guidelines for similar prosecutions at 100 Centre Street or Midtown Community Court. However, if you and your criminal defense attorney believe your criminal case is being treated unfairly or differently, a request can be made to have that case transferred to 100 Centre Street. This can be discussed with your counsel and may be advisable if the case cannot be resolved appropriately at 346 Broadway.

Although merely a snapshot into the different Manhattan courts, this entry addresses questions often raised by those unfamiliar with the courts. For further information or to educate yourself on Desk Appearance Tickets (DAT) or a summons, check NewYorkDAT.Com regularly for updates to the blog.

Founded by two criminal defense attorneys who previously served as prosecutors in the Manhattan District Attorney's Office, Crotty Saland LLP represents clients throughout the New York City region.

Regardless of the crime or crimes you are charged with in New York County (Manhattan), the arrest process or a desk appearance ticket (DAT) will ultimately land you along with your criminal defense attorney at 100 Centre Street...the nexus of all criminal prosecutions in Manhattan. 100 Centre Street is where you will be taken from a precinct or Central Booking for your arraignment before a Manhattan criminal court judge (on certain occasions a case is arraigned in the Midtown Community Court). If your criminal defense lawyer is unable to resolve your case at your arraignment, whether you are initially charged with a misdemeanor or a felony, 100 Centre Street is where you will return for the immediate future for court appearances.

Elizabeth Crotty and Jeremy Saland, the founding partners at Crotty Saland LLP, have walked the halls of 100 Centre Street and 1 Hogan Place (the District Attorney's Office that is attached to the courts) for nearly a combined 20 years as Assistant District Attorneys in Manhattan under Robert Morgenthau and as criminal defense attorneys in New York City. Our experience as prosecutors and criminal defense attorneys has given us a unique perspective having seen and worked in the criminal justice system from both sides. Although we can't share everything in a blog entry, here are some important things you need to know if you are arrested, issued a desk appearance ticket (DAT) or waiting for an arraignment in Manhattan's 100 Centre Street:

Continue reading "New York's 100 Centre Street: The Manhattan Criminal Court From Felony Arraignment & Misdemeanor Desk Appearance Tickets to Court Appearances & Your Criminal Defense" »

Whether you were arrested or issued a New York Desk Appearance Ticket (DAT) for Shoplifting pursuant to New York Penal Law sections 155.25 (Petit Larceny) or 165.40 (Criminal Possession of Stolen Property), the legal standard is the same. Regardless of the crime, police officers in New York City and throughout the state, must have probable cause to arrest you. If not, your criminal defense attorney or lawyer must file a motion for the dismissal and to request a Dunaway hearing (other hearings might be applicable as well). Beyond this basic legal right that you have to prevent unlawful arrests, there are other factors that should be addressed by your criminal defense attorney. The following is a brief analysis of one of such factor.

According to People v. Olivo, 52 N.Y.2d 309, 310 (1981), the Court of Appeals, New York's highest court, has found that in order to sustain a conviction for shoplifting, one's actions must be “wholly inconsistent with the rights of the owner.” Taken further, the Court of Appeals found that “[i]f a customer exercises dominion and control wholly inconsistent with the continued rights of the owner, and other elements of the crime are present, a larceny has occurred.”

Although the above case seems relatively straight forward, there numerous ways to interpret that ruling. For example, what is "wholly inconsistent?" Would placing two sweaters in your large purse be "wholly inconsistent?" What about placing those same sweaters inside your jacket? continuing with the "what if game," what if the store provides bags or carts to carry items before you purchase them and what if they do not? Does this alter whether placing sweaters or even food from a supermarket in your personal bag or jacket is "wholly inconsistent?" If you were still shopping when you were stopped would the case be different then if you walked passed a register, but you had not exited the store?

More analysis after the jump...

Continue reading "New York's "Wholly Inconsistent" Shoplifting Standard: NY Case Law & Applicability to Your Criminal Defense" »

Whether you have been issued a Desk Appearance Ticket (DAT or D.A.T.) in Manhattan, Brooklyn, Queens or the Bronx, the process is the same when you go to court the first time. Generally, it is best to have retained an experienced criminal defense attorney prior to going to court. Why? Upon arriving in court without an attorney, you will bring a copy of your desk appearance ticket to the front of the courtroom and place it in a bin or give it to a court officer. After dropping off your desk appearance ticket, you will wait until the legal aid attorney or 18-b assigned counsel (both "public defenders") call out your name. This will be the first time you will have the opportunity to discuss anything with your lawyer. That is right. You will not have a chance to talk to your attorney until you are already in the courtroom....you and the other five, fifteen or thirty other defendants. In fact, there could be well over one hundred people just like you waiting to see the judge.

After he or she calls your name, you will have a brief period of time to discuss your case with the attorney. Sometime after that (it could be 30 minutes or it could be a few hours), you and your assigned attorney will go before the judge. At that time, your assigned attorney will enter a plea of "not guilty" on your behalf. After that, depending on the nature of the case, the prosecution may make you an offer. For example, if you are accused of shoplifting and charged with Petit Larceny (NY Penal Law 155.25) or Criminal Possession of Stolen Property (NY Penal Law 165.40) in Manhattan, the prosecutor will likely offer you the violation of Disorderly Conduct (NY Penal Law 240.20). While a plea to this offense will not give you a criminal record and is "sealed," the arrest and plea may show up on a background check years down the road. Obviously, the ramifications to you may be enormous. This is not to scare you, but a realistic outcome that may not be explored in detail at your arraignment with your assigned counsel. While a plea such as this may "end" your case, it may not be in your best interest and cause future distress and real life problems.

If you take a plea at this time, your case will be over for all intents and purposes. However, depending on the disposition of a case, you may have to sign up for community service or a program. Moreover, there may be a fine or fee you must pay. If you are responsible for these fees or community service you will have to return on a future date to show proof.

Continue reading "New York Desk Appearance Tickets (DAT): What to Expect When You Go to Court The First Time & Should You Retain a NYC Criminal Defense Attorney / Lawyer?" »

Whether you are arrested and charged with Petit Larceny (NY Penal Law 155.25) or Criminal Possession of Stolen Property (NY Penal Law 165.40) for shoplifting, you need to consult with a New York criminal defense attorney about People v. Lai Lee. It does not matter if you have been issued a Desk Appearance Ticket (DAT) or you have already been arraigned by a judge. Moreover, it does not matter where in New York City your case is pending from Manhattan Criminal Court at 100 Centre Street to Brooklyn Criminal Court at 120 Schermerhorn Street. What matters is that you put yourself in the best position possible to protect your rights and integrity by consulting with an experienced criminal defense lawyer about your case and whether certain legal decisions, such as ruling in People v. Lai Lee, may be used in your defense.

In a recent decision dated July 2, 2009, a Manhattan Criminal Court judge dismissed the shoplifting, Petit Larceny and Criminal Possession of Stolen Property charges that the defendant faced. The complaint alleged that a store investigator observed the defendant remove a handbag, tights and other clothing by "placing said items inside the defendant's bag." The defendant then walked past multiple open registers and moved to another floor of the store without paying for the items. The defendant was stopped and investigator recovered just under $1000 worth of clothing from the defendant's handbag.

The defendant argued that a description of the defendant's handbag was necessary to establish concealment. Moreover, the defendant asserted that moving floors and around the store "...fail[ed] to support that she exercised dominion and control wholly inconsistent with the continued rights of the owner, inasmuch as, the alleged facts fail to establish larcenous conduct supporting the allegation that she did not intend to pay for the items, such as her walking towards the exit or other conduct inconsistent with the continued rights of the owner."

Further analysis after the jump...

Continue reading "NY Criminal Defense Law Update: New Court Decision May Help Those Arrested for Shoplifting (Petit Larceny - 155.25) in New York City" »

You have been issued a Desk Appearance Ticket or DAT in New York City (Manhattan, Brooklyn, Queens, Bronx, Staten Island) for Assault, Harassment, Petit Larceny Shoplifting, Drug Possession or any other misdemeanor crime. You make a bad mistake worse by not consulting with a NY criminal defense attorney and compound that mistake yet again by missing your court date. Maybe you thought it was no big deal or you merely forgot, but now you need to rectify the situation ASAP. You get on the phone immediately with experienced criminal defense attorneys and ask him or her the following questions: (1) Was a warrant ordered and (2) can I face any additional charges?

In the event that you missed a return date to court for a NY Desk Appearance Ticket it is very likely that a bench warrant has been issued for your immediate arrest. What that may mean to you is that if you are driving somewhere in New York and you are pulled over for something as small as failure to use your signal when changing lanes, the police may run your information, find the warrant and arrest you. There is even a warrant squad that searches for individuals who have bench warrants or who fail to comply with a condition placed on a sentence.

Although it is used very infrequently, the New York State Penal Law has an additional crime that can be charged against an individual who fails to come to court on a date required by the Desk Appearance Ticket. Pursuant to Penal Law Section 215.58, it is a violation if a person is served with a Desk Appearance Ticket, he or she fails to come to court on the date required and does not come back to court within thirty days of this date. In other words, if you receive a Desk Appearance Ticket and merely forget to come to court for thirty days from the date you were supposed to, you can be charged with this offense. This statute is similar to Bail Jumping, but applies to Desk Appearance Tickets and is less serious.

The simple way to avoid a bench warrant or a new charge is to consult with criminal defense attorneys who are familiar the court process, the crimes, and have prior experience as prosecutors. Moreover, you can keep on top of the law by reviewing the blog and up to date information at NYDeskAppearanceTicket.Com and NewYorkDAT.Com.

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Every day in the courtrooms of NYC a defendant sits with his criminal defense attorney waiting to be arraigned on a Desk Appearance Ticket or DAT. The charge may relate to a Petit Larceny shoplifting, Criminal Possession of a Controlled Substance for possessing drugs, or even an Assault for a fist fight. But, what is a DAT and why do some people get issued one? We at Crotty Saland, LLP, have the answer to these questions and have created NewYorkDAT.Com and NYDeskAppearanceTicket.Com to further assist our readers.

A Desk Appearance Ticket is a summons to come to a court in NYC on a future date to be arraigned (where you are formally charged before a judge). Police issue these "tickets" in lieu of processing an individual through central booking and potentially keeping them locked up for up to twenty four hours before seeing a judge. While getting a DAT is the functional equivalent of being arrested and processed through the system, it is a significantly better outcome where you are accused of criminal conduct. Instead of being locked up in a jail cell with another individual who is accused of Murder or Rape, you are given the opportunity to report to court with your criminal defense attorney in the future.

Individuals who are given DATs are people usually charged with misdemeanor crimes. On rare occasions, the crime may be a felony. These crimes, while serious, often involved defendants who do not have a criminal record. Moreover, the crime(s) do not involve domestic violence. However, even if you merely jump a turnstile or have some marijuana, the police will not issue a Desk Appearance Ticket if you do not have proper or any identification. If you live out of the state a DAT may not be issued as well.

A big mistake made by individuals who receive DATs is that they believe they are only getting a "slap on the wrist" or they do not have to go to court. Make no mistake. Whether you sit in a jail cell overnight or you received a DAT, the crime you are charged with is the same offense with the same ramifications. Additionally, if you do not show up to court a bench warrant will be issued for your arrest. If that happens, when you are ultimately arrested you will not be given a DAT, but you will be handcuffed and brought into court.

In the event you receive a DAT, as opposed to being processed through the system, it is still imperative to retain experienced criminal counsel. Not only can you avoid waiting hours before a public defender meets you and deals with your case, but many critical decisions are made at your arraignment that may have devastating impacts on your case if the incorrect decision is made. Whatever charges you face, contact the former Manhattan prosecutors and criminal defense attorneys at Crotty Saland, LLP so the correct plan of action can be implemented on your behalf.

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Your criminal defense attorney or lawyer has heard the charges before...Petit Larceny (NY PL 155.25)...Criminal Possession of Stolen Property (NY PL 165.40)...Grand Larceny (NY PL 155.30)...Yes, even Burglary (NY PL 140.20). Unfortunately, you where caught shoplifting a sweater from Bloomingdales in Manhattan or pair of shoes from Macys in Brooklyn. Security stops you on the way out and confiscates the property from you. You tell them you will never do it again if they let you go (oops...you may have just unwittingly made an admission!!!). The next thing you know you are given a notice telling you your right to be in that particular store is revoked and that there is a civil fine you must pay. If that wasn't enough, the police arrive and escort you, in handcuffs, to the resort and spa known as "central booking." If you are fortunate, the police issue you a Desk Appearance Ticket (D.A.T. / DAT).

"Simple" shoplifting has enormous and life altering consequences. Aside from the embarrassment, shame and potential loss of of your job if your employer finds out, the charges you may face are numerous. Even if you plea to a lesser Disorderly Conduct (a violation and not a crime), a background check down the road may reveal your shoplifting arrest.

In general, when you take property (here, the sweater or shoes) that do not belong to you, you may be guilty of Petit Larceny. In the event that the value of the property exceeds one thousand dollars, three thousand dollars or fifty thousand, then you may be guilty of Grand Larceny in the fourth, third and second degree respectively. Petit Larceny is punishable by up to one year in jail and Grand Larceny in the fourth through second degrees is punishable by up to four, seven, and fifteen years respectively.

Another potential crime is Criminal Possession of Stolen Property. The easiest way to understand this offense is to know that if you take property and you keep it knowing that you do not have permission to do so and you have no intention of returning it, then you may be guilt of this crime. While this crime is different than Petit and Grand Larceny, they are somewhat interchangeable in that the sentences for the misdemeanor and felony versions follow the same guidelines as the larceny offenses as indicated above.

Another potential charge, although less common, is Burglary. If you are advised that your right to enter a particular store has been revoked (it should be in writing) and you return and attempt to steal again, you may be committing a Burglary. Moreover, in the event that you enter an area of a store that is off limits and that is not open to the public and you attempt or complete a crime you also may be charged with Burglary. This offense is a "D" felony punishable by up to seven years in state prison.

If you are charged with one or more of these crimes in relation to a shoplifting allegation, you should be ready to sit down with your criminal defense attorney and answer a few questions so that a plan of attack can be formulated and implemented for you. For example, did you bypass the cash registers when you were stopped or were you still in the store? Did you place multiple items in your bag or were you holding them? Did you have a "booster" bag or was this merely a mistake and you intended to pay? Was the area that was off limits clearly marked? Whatever your circumstances, you must understand that even avoiding a conviction for Petit Larceny can still come back to "haunt" you years down the road when you graduate college, apply for a new job or attempt to get clearance or state / federal certification.

Crotty Saland, LLP is a criminal defense firm representing clients in theft related matters throughout the metropolitan New York region. Former Manhattan prosecutors, the attorneys at Crotty Saland, LLP have extensive experience handling larceny crimes as both assistant district attorneys and criminal defense lawyers.