What Happens if you are
CAUGHT or SUSPECTED of Shoplifting
(Petit Larceny) in Ithaca, NY - Part 2
In Ithaca, shoplifting (even amongst those with the ability to pay) is one of those spur of the moment crimes. Remember in New York State, Petit Larceny is a crime not just a non-criminal violation. A conviction will lead to a permanent record of dishonesty. A record like this is not a good thing to carry with you into the future. Any crime or behavior that demonstrates or represents a person's character in a bad light can impact their future.
Shoplifting is Often a Crime of Opportunity
We often see it as a crime of opportunity. Busy store, lots of people, small merchandise, so the mental pattern of entitlement begins with they make plenty of money, and no one will be hurt. Many who shoplift get away with it numerous times before they are eventually caught.
Four Things Happen to Ithaca Shoplifters
People who are suspected of shoplifting:
1. Will be detained, blocked, and then asked to go to a room or holding area;
2. Will be asked to empty their pockets, and have their purses and bags searched;
3. The police will be called, and the store will formally press charges;
4. You will usually get a letter in the mail from store attorneys to request a civil penalty.
Ithaca Shoplifting can Bring Civil as well as Criminal Penalties
Under New York State General Obligation Law Section 11-105 the store's attorneys can make a civil demand of up to five times the value of the items stolen or up to a maximum amount of $500. Law firms for the store send a demand letter for money. This demand letter usually is mailed to home address weeks after the incident, and before you are to appear in court on the charges.
The good intent of the civil penalty law was to encourage shopkeepers to pursue money damages against shoplifters. This was supposed to be instead of the pursuit of criminal charges not the addition of criminal charges. It also was not to be used to coerce confessions of guilt.
Macy's Used the Shopkeeper's Law in Ways It was NOT Originally Intended
What happened in the Macy's shoplifting case was that Macy's had been holding thousands of people against their will for long periods of time, denying them communication with family, friends, or an attorney, and then coercing them (making them) sign confessions and pay on the spot this civil penalty. This was not the intention of the New York State legislature when enacting General Business Law section 11-105, and shopkeeper's privilege section 218.
In Part 3, we explore the successful defense of an Ithaca Petit Larceny Charge...
If you have questions about a criminal charge in Ithaca, NY call us:
607-229-5184
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BY NEWMAN & CYR
Copyright 2016. Educational Purposes Only.
*DISCLAIMER: If you or a loved one has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes, including the potential loss of your freedom.
*DISCLAIMER: If you or a loved one has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes, including the potential loss of your freedom.
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