Accused of return merchandise theft from employer. did not physically take merchandise from store just added value to gift cards.The D.A would offer misdeamenor even if it is a felony.They still did not decide if it was felony. dont know if misdemeanor includes jail time. They say they have evidence. before i got arrested my employer forced a written confession out of me. when arrested my rights were never read to me . can i use this fact to get my case dismissed. Also before being taken by squad car that took a long time to show up they had me walk an entire city block and wait in moving traffic.
The waiting issue is not relevant- Your rights not being read to you would just mean they could not use the statement you made against you. Most 18 year olds on their first non-violent offense do not face jail time. If it s a misdemenaonr you must also get Youthful Offender treatment; Y.O. treatment is possible but not mandatry for a felony, however. Do not discuss this case in a public forum any further. If you cannot afford your own lawyer, speak to your parents or guardians about getting a criminal defense lawyer asap.
Although a misdemeanor conviction could carry a jail sentence ofbup to one year, it would be highly unlikely for a first arrest. As a matter of fact if handled correctly it is possible the case could be resolved without the defendant having a criminal record. The evidence will be evaluated by your attorney and the two of you, as a team, should evaluate the situation and discuss available options.
Find an attorney that you trust and work together towards an outcome that is acceptable to you. Good luck.
Joseph A Lo PiccoloCriminal Defense AttorneyGarden City, NY ·
Unfortunately, a misdemeanor can carry jail time. An "A" misdemeanor can carry up to 1 year and a "B" misdemeanor can carry up to 90 days in jail. Being over 18 is not the factor but rather whether you were under 19 at the time of the alleged incident.
I expect the DA offered an A misdemeanor off a Grand Larceny charge which is permissible. A written confession given to an employer could potentially be used as evidence. The fact that your rights were not read is only a factor as it goes to any statement or evidence obtained by the police when they arrested you and questioned you. The actions of the police in walking you depends on the reasons that it was done.
You should speak to an experienced attorney about all these issues if you do not have one already.
Feel free to contact me and good luck.
Joe Lo Piccolo
Richard C. SouthardCriminal Defense AttorneyNew York, NY ·
It sounds like you are charged with a felony and they are contemplating reducing it to a misdemeanor for plea purposes. Its doubtful that they would want you to do jail ime. If it is only misdemeanor charges then you should hire a private lawyer and try to get this reduced to a violation.
Rich Southard
212-385-8600
I am a former Brooklyn prosecutor and Deputy Bureau Chief with over 15 years experience and am very familiar with their plea bargaining process.
By definition, a Class A Misdemeanor is punishable by up to one year in jail; and a Class B Misdemeanor is punishable by up to 90 days in jail. In reference to your written confession, this will be the subject of a pre-trial suppression hearing if the case is moving toward trial. With a proper defense, you may be able to avoid jail time and a criminal record.
As indicated above, jail is unlikely, but you need to make sure your case is properly handled so that you avoid the stigma of a misdemeanor conviction and a permanent criminal record.
Best,
Tom Kenniff
212-274-0090
