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Lawyer Arrested for Felony Shoplifting Can Avoid Criminal Record: Grand Larceny Arrest Repleaded to Allow Non-Criminal Violation

Arrests for shoplifting in New York City are horrendous, but when that arrest is for shoplifting property valued more than one thousand dollars ($1,000), the accusation can become a game changer in terms of your future both inside and outside the courtroom. As noted and addressed in numerous blog entries, any New York arrest that involves a theft or larceny greater than $1,000 is a felony. In practical terms, this means that should you be convicted, you can lose not just your freedom to incarceration, but you can also lose your professional license to practice in your given field. Unfortunately for a client of Crotty Saland PC, this is the exact scenario our client faced after being charged with an “E” felony shoplift for allegedly stealing between $1,000 and $3,000 worth of clothing from a department store.

Not the first professional or graduate school educated client represented by the New York criminal defense attorneys at Crotty Saland PC for felony shoplifting and Grand Larceny in the Fourth Degree (New York Penal Law 155.30), our criminal lawyers knew they had their work cut out. For professionals such as this particular client, it is not just that a felony would be an unacceptable resolution, a misdemeanor plea to Petit Larceny (New York Penal Law 155.25) or Fifth Degree Criminal Possession of Stolen Property (New York Penal Law 165.40) would be only nominally better. Although it took significant amount of time preparing “papers” as to why our client deserved the benefit of the doubt and explaining the incident beyond the four corners of the felony complaint, eventually the District Attorney’s Office agreed to give our client a “re-pleader.” In the world of criminal law, such a disposition provides an accused a means to avoid a criminal record if he or she follows certain criteria established in advance of a plea. Although not necessarily part of this particular deal, such conditions may include counseling, community service or a fine. After an agreed upon time frame, the accused is able to withdraw his or her plea and obtain a violation or even an ACD.

Just like the case referenced above, Crotty Saland PC’s client pleaded to a misdemeanor shoplifting crime with the promise that if the client adhered to certain conditions the client would be able to take back the criminal plea and accept a non-criminal violation. Where an individual is not sentenced because the plea is withdrawn, New York does not recognize that plea as a conviction. Because the nature of this client’s profession, the client was able to minimize potential harm and devastation to the client’s law license and career.

While the New York shoplifting attorneys and criminal defense lawyers at Crotty Saland PC have resolved felony shoplifting arrests for clients exceeding $1,000, $2,000 and even more, every case is unique. Just because each Crotty Saland PC client charged with Grand Larceny in this context avoided a criminal record does not mean it was an easy process or that future clients will be equally fortunate to obtain these results. Our criminal attorneys will always advocate zealously and understand what we need to provide to prosecutors, but no resolution is guaranteed until a case is finalized.

Whomever you determine will best articulate your defense, take the time to educate yourself on New York shoplifting laws and understand the criminal process. To that end, a review of the links above or the blogs and websites below will provide a foundation to better grasp New York’s shoplifting laws and the statutes and cases that define them.

A New York criminal defense firm established by two former Manhattan prosecutors, the New York criminal lawyers at Crotty Saland PC represent clients in Grand Larceny and Criminal Possession of Stolen Property arrests throughout the New York City region.

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