When you are a professional and your career depends on your name and character, the mere allegations of an arrest can be devastating. An allegation is often the equivalent to a conviction. Whether you work in banking and finance, you are regulated by FINRA or the FDIC, you are an attorney of physician that maintains a professional license, or the product you sell is “you,” an arrest in New York for a crime of fraud, deceit or theft is life altering in the most adverse way. Recently, a client arrested for stealing clothing from Bergdorf Goodmans in Manhattan faced such a embarrassing dilemma when she was accused of shoplifting gloves retailing for well north of $1,000.00. Technically a felony shoplift as a class “E” felony of Fourth Degree Grand Larceny, New York Penal Law 155.30, our client was fortunate enough to receive a Desk Appearance Ticket (DAT) for Petit Larceny, a class “A” misdemeanor. While the criminal complaint ultimately reflected Penal Law 155.25 and Penal Law 165.40, the latter offense is Fifth Degree Criminal Possession of Stolen Property, the crimes our client faced technically involved felonies due to the value of the clothing our client was accused of shoplifting after our client exited the store without paying for the property.
Despite the magnitude of potential felony charges, the uncertainty of what might happen to our client’s otherwise pristine and clean record, the New York criminal defense attorneys and shoplifting defense lawyers at Saland Law PC delivered the best result possible for our client in this New York City shoplifting arrest. No, our client did not receive a Disorderly Conduct or ACD on the PL 155.25 and PL 165.40 arrest, but instead the case was both dismissed and sealed unconditionally.
When discussing criminal case results it is of critical importance that anyone reading about the types of criminal cases handled by our attorneys and former prosecutors recognize that every single case is unique. Securing a dismissal in a New York City shoplifting arrest for one client does not mean our defense lawyers will do the same for the next client. Just as every person and the attorney they hire is different so are the allegations and evidence in any particular case. Now, with that said, it is worth examining in part how our criminal defense lawyers obtained a dismissal on the shoplifting charges for this particular client.
One of the contentions set forth by our criminal lawyers as it related to this shoplifting arrest in New York City was that our client lacked the intent to shoplift. Yes, our client possessed the gloves and did not pay for them. Yes, our client exited the store. While we did not challenge the value of the gloves, we agreed at this juncture value was of no consequence as long as the crime remained a misdemeanor. What we did argue, however, was that our client lacked the intent to steal or deprive the owner of the property, Bergdorf Goodman, the gloves in our client’s possession. Instead, our client, ill from consuming some wine and eating some under cooked food before shopping, exited the store with the gloves after our client began feeling sick. More specifically, that our client was concerned about vomiting and did not want to do so in the store when the feeling washed over our client. Standing near the door our client exited not thinking about the gloves in our client’s hand. When apprehended outside the store, our client made no attempt to flee and, more importantly, never left the spot where our began to dry heave.
Whether or not it was this argument that won the day, prosecutors did not proceed on the information as charged in criminal court. Instead, and rightfully so, the District Attorney dismissed the case against our client. The best result for any shoplifting case? Absolutely, but more importantly our client maintained a clean and pristine record free from any criminal allegations.
To learn more about shoplifting crimes including Petit Larceny, Fifth Degree Criminal Possession of Stolen Property, Fourth Degree Grand Larceny, Fourth Degree Grand Larceny and Desk Appearance Tickets in New York City and elsewhere, review this blog, and the websites and blogs listed below.
A criminal defense firm representing clients in all theft and larceny matters including shoplifting as a misdemeanor or felony, Saland Law PC was founded by two former Manhattan prosecutors.