Successful Defense of a Shoplifting charge (Petit Larceny) in Ithaca, NY -Part 3
In the prior two blog posts, we revealed the two most common courts in Tompkins county for shoplifting, how shoplifting is charged, what physically happens to an Ithaca shoplifter, and how New York shopkeeper laws are supposed to be applied.
Civil and criminal penalties are usually pursued by the big box stores (like Target and Walmart). In this final blog post we will discuss what you can do after a shoplifting charge, and what to do if you are wrongfully suspected of shoplifting.
Petit Larceny May Not be the Only Charge
In addition to Petit Larceny charges for shoplifting you can also be charged by the prosecutor with criminal possession of stolen property in the fifth degree. Prosecutors may bring this charge even if the police do not initially charge it.
An Ithaca Defense Can Take Three Forms: Legal, Factual, and Equitable
Legal defense to Ithaca shoplifting Charges:
Can they prove that you intentionally removed items from the store? Did you inadvertently fail to remove them prior to leaving the store?
In other words, sometimes you forget things in a shopping cart or because of the cold weather may have a large coat, gloves, scarf, and hat in your hands. Maybe placing things in a bag or pocket was merely temporary and not intentional.
Factual defenses to Ithaca Shoplifting Charges:
Are these items in your pocket from a prior purchase or another store? In one of the Macys' cases the woman was returning items from a prior purchase to exchange for a different size. They refused to acknowledge her receipts or check her charge cards.
Equitable defenses to Ithaca Petit Larceny Charges:
Is this a first time offense? Do you have no prior history of bad behavior? Have you returned items that were taken? Have you made good on civil penalties to the store through their attorneys?
Often Petit Larceny charges can be plea bargained, records preserved, and punishments averted or at least mitigated. Sometimes Petit Larceny charges can be reduced to something non-criminal, like a violation level offense or even ACD's meaning the case is adjourned in contemplation of a complete dismissal.
Prior results do not guarantee future results always consult with an attorney in your area to discuss your legal rights and options.
If you have questions about a criminal charge in Ithaca, NY call us:
607-229-5184
Or find us online! www.ithacadwi.com
www.watkinsglendwi.com
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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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