I was caught and arrested for shoplifting at west side market. I had the items concealed in my bag when I walked past the checkout and left the store. I was arrested and have a desk appearance ticket. I'm a high school student with a clean criminal record (no arrests) until now. I cannot afford a lawyer. I will need a public defender. Being a first time offender, is there any chance of the charges being dismissed or having the criminal charge reduced to a violation? I don't want this lapse of judgement to follow me for the rest of my life. Any advice much appreciated.
Depending on the value of the item, it is certainly possible to receive an ACD (Adjournment in contemplation of dismissal), where the case gets adjourned for 6 months, and as long as you don't get arrested within those 6 months, it will be dismissed and sealed. There might also be community service or a class conditioned on that offer, but you probably will not get a criminal conviction. Good luck.
There is a good chance that you can end up with a dismissal after the completion of an ACD period. You may be required to attend a class and/or perform community service to obtain this result. The court will certainly appoint an attorney if you are unable to afford one. Relax. All should go well. Good luck.
Because of you age, whether or not you can afford an attorney and are eligible for a public defender will be based upon your parents income. They will have to go with you to court. You are a good candidate for an ACD and perhaps some community service.
Don Anderson MurrayCriminal Defense AttorneyKew Gardens, NY ·
Hello. I'm sorry to hear about your situation. A couple of things you need to consider though.
First of all, you mention that you are a high school student with a clean criminal record (no arrests) until now. On the assumption this means that you are under 19 years old and that you have no prior Family Court adjudications, then it is actually impossible for you to end up with a criminal record for a misdemeanor petit larceny charge. You are likely mandatory youthful offender. This means that even if you were to go to trial and lose, and be found "guilty" by a jury, a youthful offender adjudication would substitute for what would otherwise be your conviction and you would be able truthfully to say that you have never been convicted of a crime. Mind you that a youthful offender adjudication is not the ideal result here, because it doesn't shield you from the potential for jail time, but you need not be concerned that a criminal record is in your future, on the assumption that you are under 19 with no prior Family Court adjudications and no prior youthful offender adjudications.
Much better, in all likelihood would be the sorts of things that some of the other people have already suggested (the ACD) or the thing that you suggested (plea to violation level offense). This can be a little trickier situation than you might imagine as there are circumstances where even something as wonderful as an ACD can haunt you (if for example, you are hoping for a career in the banking industry where certain government regulated background checks could consider an ACD as good as a conviction because it is a "diversionary program").
As has been suggested, part of the equation here will be the nature and value of the property in question and the government's assessment of your situation. If they are of the opinion that this was a simple lapse in judgment of a high school kid, they are more likely to more favorably disposed toward resolving your case in a way that will be acceptable to you. On the other hand, if they for some reason suspect (for whatever reason) that you are the mastermind of a major shoplifting enterprise with tentacles reaching across the nation, then the likelihood of a quick and simple resolution is pretty small, even if in the end everything is sorted out as it should be.
Finally, after having been contacted by many a high school student over the years, I am wondering whether your parents know about this or whether you are thinking you are going to sort of deal with this on your own. I wouldn't recommend that for a couple of reasons. First of all, believe it or not, your parents do want to know about it because they will want to help you. They may be angry, but that won't mean they won't be angrier not to have been a participant in sorting this out. I tell you that as a parent myself. I would want to know so that I could help out. Sure I wouldn't be thrilled, but this sort of thing is what we parents sign up for. We are there when you get your great report card, and we are there for times like these. It is all part of the ride.
Second, the Court may well force the issue anyway. Just had this happen to my client recently. He was 18 and wanted to go it alone. Against my advice he appeared with me but no parent. Judge wouldn't have it. Judge insisted a parent show up. Guess what? His mother did not kill him. She was there to support him and help him. She wasn't happy about it, but it was all fine.
Third, if the reason you think you qualify for a public defender is that you personally don't have the funds, the Court is likely not to permit the Legal Aid Society to represent you unless your family meets Federal poverty guidelines. I'm afraid if this about trying to avoid having your parents involved that is just not likely to work out for you. Good news is that long term outlook for you is probably good, although you do need to go over some of the subtleties in play.
Best of luck.
If it's your first offense, the value of the allegedly purloined merchandise relatively low, and there are no aggravating circumstances, ACD with Community service is likely offer. Public defenders are for truly indigent defendants. If your family can afford it, you should hire an attorney in advance..