Ithaca Criminal Defense lawyer: How long is an ARREST WARRANT open for in New York?

HOW LONG IS AN
ARREST WARRANT 

OPEN FOR IN NEW YORK?

This video is about New York State arrest warrants. Arrest warrant whether for a misdemeanor or a felony charge will remain open forever or until the charge is dealt with.

Usually they won't come after you in another state for a misdemeanor charge but if you are stopped by the police or someone pulls up your history it will likely show up they you still have outstanding charges.

We have assisted people in clearing their records even after many years have gone by. It proves difficult if not impossible to get a driver's license, passport, professional license, real estate license, or other state certification without a cleared criminal history.

If you have questions about a marijuana charge, DWI, felony charge, misdemeanor charge or another violation in Ithaca, Watkins Glen, Steuben County or the surrounding counties of Upstate New York , give us a call, shoot us an email, or fill out the form on our website:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

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*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Criminal defense lawyer: Successful Defense of a Shoplifting charge (Petit Larceny) in Ithaca, NY -Part 3

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

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

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.

*Attorney advertising

Ithaca Criminal defense lawyer: What Happens if you are Caught or Suspected of Shoplifting (Petit Larceny) in Ithaca, NY - Part 2

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

Or find us online! www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

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.

*Attorney advertising

Ithaca Cortland Criminal Defense DWI lawyers: What are your FUNDAMENTAL DWI Rights in New York?

WHAT ARE YOUR

FUNDAMENTAL

DWI RIGHTS IN NEW YORK?

This video is about what your fundamental rights are with a 

DWI criminal charge or any criminal offense in New York 

State. There are constitutional rights but some rights go 

deeper than that, they are called your fundamental rights. 




This is because they are yours, and yours alone. In other 

words, the decision to exercise or not exercise them lies 

completely in the hands of the defendant in a criminal case, 

and not their attorney. The lawyer can plot and carry through 

on a defense strategy, but the right to:



1. appeal your case



2. take the stand, and testify on your own behalf



3. demand or waive (give up) a jury trial



4. accept a plea bargain (offered by the district attorney)



5. plead guilty or not guilty to any or all of the charges



These are all YOUR fundamental rights not to be decided by 

your attorney but by YOU.



New York DWI and DWAI drugs criminal charges can affect 

people in many areas of their life. Bringing some certainty to 

some of these areas can often lessen the fear and the 

concerns.


Newman and Cyr is a boutique DWI defense firm located in 

Ithaca, NY and serving the Finger Lakes region.


If you have questions about a DWI case in New York, call us:
607-229-5184

or find us online:  www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR
Educational Purposes only. Copyright 2016.

If you or a loved one are 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.

*Attorney advertising