petit theft in nyc

[mnc]

I was fired for theft for less than $ 250 worth of things. Basically I was being ringed up by another coworker that placed things in my bag that she claimed she paid for and asked me to place her things in her locker but her locker was locked so I left it in the locker that I had used and told her it was in there , but the store claimed I walked out with the items when I never did. I have a court date in a couple of weeks , this is my first time ever being accused or anything , I live in New York City , I just need an opinion or advice on how to deal with this , I was wondering if an ACD will help or what kind of disposition would I be able to offer or get , I'm a college student and don't want a record because it will mess my up my career and in me getting licensed , class a misdemeanor. I signed and wrote my statement taking responsibility for what I did. I wasn't intentionally aware of what that other coworker was doing , I need an advice soon. I have a great reputation with most of my coworkers but this one , they said I could use them as references even one of my supervisor as well , I just really don't want a record because of this , I was also told I was doing fraudulent returns but I didn't know her items were stolen , and she paid for my items with the store credit from the returns , everyone was nice to me and I was nice to everyone there but I wasn't aware of any of these things intentionally .

 

[quincy]

I was fired for theft for less than $ 250 worth of things. Basically I was being ringed up by another coworker that placed things in my bag that she claimed she paid for and asked me to place her things in her locker but her locker was locked so I left it in the locker that I had used and told her it was in there , but the store claimed I walked out with the items when I never did. I have a court date in a couple of weeks , this is my first time ever being accused or anything , I live in New York City , I just need an opinion or advice on how to deal with this , I was wondering if an ACD will help or what kind of disposition would I be able to offer or get , I'm a college student and don't want a record because it will mess my up my career and in me getting licensed , class a misdemeanor. I signed and wrote my statement taking responsibility for what I did. I wasn't intentionally aware of what that other coworker was doing , I need an advice soon. I have a great reputation with most of my coworkers but this one , they said I could use them as references even one of my supervisor as well , I just really don't want a record because of this , I was also told I was doing fraudulent returns but I didn't know her items were stolen , and she paid for my items with the store credit from the returns , everyone was nice to me and I was nice to everyone there but I wasn't aware of any of these things intentionally .

I saw that you posted originally on a thread from 2013 created by Kittyr0b0t. Here is a link to that thread (which has been returned to the archives): https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/first-offense-petit-larceny-155-25-a-602341.html

You mentioned in your first post that you were faced with the same situation as Kitty so I assume that you were also charged with Petit Larceny 155.25a.

The advice offered to Kitty in 2013, coming as it did from both a New York City law enforcement officer (Highwayman) and a New York City attorney (You Are Guilty), addressed her concerns well and was good advice for her - and it is good advice for you.

It was said in that thread that, although jail is a possibility, it is not really a realistic one for petit larcency, first offense, in NYC. Instead, it could be possible for you to plea the petit larceny down to, perhaps, a disorderly conduct violation.

In order to do this, though, you will want the assistance of a criminal defense attorney in your area. That was what was advised for Kitty and it is advised for you, as well, if you do not want a criminal record to result from the larceny charge. An attorney will review the facts behind your charge and advise you accordingly.

Good luck.

 

[mnc]

What if someone else took the merchandise , we aren't assigned lockers , we use any locker that is available , there is proof on camera but the proof isn't what it seems to be to LP , is there any way I could get an ACD with probation , community service , or the restitution fine , does a plea of disorderly conduct effect me becoming a teacher in anyway because that is where my major and career would be leading to

 

[Ohiogal]

What if someone else took the merchandise , we aren't assigned lockers , we use any locker that is available , there is proof on camera but the proof isn't what it seems to be to LP , is there any way I could get an ACD with probation , community service , or the restitution fine , does a plea of disorderly conduct effect me becoming a teacher in anyway because that is where my major and career would be leading to

Regardless, you are still a thief so I am confused as to what you want to do. Any criminal plea can mess with you becoming a teacher. Why? Because, most people don't want criminals teaching children.

 

[mnc]

I just don't want a criminal record , what is the best way for me not to have a record ?

 

[ShyCat]

I just don't want a criminal record , what is the best way for me not to have a record ?

To not commit a crime. Too late for that.

 

[quincy]

I just don't want a criminal record , what is the best way for me not to have a record ?

If you want to keep the larceny charge from becoming part of your criminal record, your best chance of doing this is to seek out the assistance of a criminal defense attorney. A conviction on the misdemeanor charge can affect your future licensing.

The outcome of your case can depend in part on the prosecutor and the judge assigned to your case. These are factors that you cannot control. But there is a possibility that you could have your larceny charge reduced to a disorderly conduct violation (the records can be sealed) or an adjournment in contemplation of dismissal - an ACD - which allows for the charge to be dismissed if you meet certain conditions during a probationary period. Both of these are non-criminal dispositions and are probably the best case outcomes.

Whether your charge can be reduced or dismissed is something you will want to discuss with your attorney. The attorney can review all facts and assess your odds. But I do not see you faring as well with your larceny charge without the help of a criminal defense attorney.

Good luck.

 

[mnc]

Thanks everyone on this post for your advice , I will definitely take it into consideration when talking to a lawyer , going to try to avoid retail jobs or if I do ever end up in another retail job . . I hope to never encounter another like my former not so nice coworker , seriously you all gave me a much better peace of mind. I have former coworkers that want to do a witness statement if anything for me but I don't want to use them and have to cost them any type of lost because I know how it feels like .

 

[mnc]

I wrote my statement down saying I take full responsibility for my actions , and they sent me a civil claim and restitution to pay . Do I have to pay them ?

 

[quincy]

Thanks everyone on this post for your advice , I will definitely take it into consideration when talking to a lawyer , going to try to avoid retail jobs or if I do ever end up in another retail job . . I hope to never encounter another like my former not so nice coworker , seriously you all gave me a much better peace of mind. I have former coworkers that want to do a witness statement if anything for me but I don't want to use them and have to cost them any type of lost because I know how it feels like .

It is not the job that is the problem but the theft from the job that is the problem. A criminal conviction on petit larceny will affect you not only in retail jobs.

The retailer can file a civil claim against you to recover the retail price of the goods stolen and/or up to 5 times the retail price or $75 (whichever is greater). As part of your criminal charge, you will probably also be required to pay restitution. You will have to, in other words, pay.

Consult that criminal defense attorney you have been advised to consult. These are questions to ask him/her.

We appreciate the thanks. Good luck to you, mnc.

 

[HighwayMan]

You need an attorney. Period.

Next time maybe you'll be a bit smarter and not handle what you >think< is someone else's merchandise - there was no reason that this other person couldn't hold onto their own stuff.

 

[mnc]

How does it look for me as a first timer , charged with 165 ?

 

[Zigner]

How does it look for me as a first timer , charged with 165 ?

You gave a written confession?!?

 

[mnc]

I wrote a statement when LP was questioning me saying I took full responsibility , I didn't know that I didn't have to write or sign anything , it was my first time in something like this .

 

[HighwayMan]

You need to consult with an attorney, preferably one that has experience in whatever court will be adjudicating your case.

You certainly won't go to jail, but if you are seeking to minimize the impact of the arrest you need the advice of professional counsel.