New York City Criminal Defense Attorney - Shoplifting
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Shoplifting generally refers to theft from a retail store. It is often thought that shoplifting is driven by economic need but this isn't always the case. The motive isn't always about money. On many occasions, the alleged shoplifter actually has enough money to pay for the items but just suffered a fleeting loss of inhibition, or was falsely accused. When you are accused of shoplifting in New York, you may also be hit with a civil demand in which the store demands hundreds of dollars. This civil demand may be issued during the arrest or later in the mail. You may even be tricked into thinking that if you pay it, you won't be arrested and/or prosecuted. Whether initiated with a desk appearance ticket or a more typical arrest, a shoplifting charge is a criminal charge punishable by incarceration, probation, and/or fines, and could force you to submit a DNA sample for permanent filing with the State of New York. If you are charged with stealing (Petit Larceny, P.L. 155.25) and/or possessing a stolen item(s) (Criminal Possession of Stolen Property, P.L. 165.40), you also face the severe consequences that are attached to crimes of moral turpitude. Crimes of moral turpitude can have many unforeseen consequences on your future. Employers may not want to hire you because they may offhandedly think of you as a thief, and, if you are not a U.S. Citizen, you may suffer permanent immigration consequences. International travel, even for U.S. citizens, may also be affected.
Our Winning Track-Record. New York City Shoplifting Lawyer Lance L. Fletcher routinely succeeds in defending even the most serious shoplifting case. As a former Manhattan prosecutor, he offers experience you can trust. It starts with your confidential case evaluation where Mr. Fletcher discovers the particular facts of your shoplifting case. Because of his experience, Mr. Fletcher knows exactly which facts are pertinent in formulating a winning strategy. Next, our office prepares each shoplifting case as if it were going to trial because an aggressive defense is the best defense. If it is your first time being arrested, you may be eligible for special treatment. Contact us so that your eligibility can be determined. Even with a prior record, your case will be professionally handled and you can look forward to a successful outcome by calling our office.
Shoplifting in New York City. In New York, being wrongfully arrested for shoplifting is, unfortunately, easier than you might think. This is partially due to population density. As a New Yorker, you are probably accustomed to crowded stores and small spaces. A crowded store makes it inevitable that mistakes will be made when trying to determine whether shoplifting has occurred and who the actual shoplifter is. Space is at a premium which means that stores are packed not only with people, but with merchandise making it inevitable that you may accidently walk near an exit with unpaid merchandise. Also, stores can profit by having you arrested. A retail store, such as Macy's or Century 21, will often demand several hundred dollars from you in the civil demand. This creates a strong financial incentive to accuse you of shoplifting even if the facts are less than clear. Additionally, stores have strange rules. For example, you may be arrested for shoplifting for merely bringing unpaid merchandise from one floor of a retail store (such as Macy's) to another floor even if you were planning to continue shopping. There are many other factors that lead to wrongful arrests. Contact us at(212) 619-3900 to schedule a case evaluation and take immediate action to restore your reputation and have your case dismissed as soon as possible.
Do I Need a Lawyer? Yes. Being arrested for shoplifting, even by way of a desk appearance ticket, signals the start of a criminal prosecution and you are required to have a New York City Criminal Defense Lawyerdefending you in court. Contact us (nights and weekends are ok) for a confidential case evaluation. This evaluation will allow Mr. Fletcher to advise you of the situation you are facing, any defense you might have, and ways to achieve your goals.
MAXIMUM PENALTIES FOR CERTAIN SHOPLIFTING OFFENSES:
| Value of Goods | Code(s) | Jail | Other |
Permanent
Criminal Record? |
 |
||||
| Under $1,000 | 155.25, 165.40 | 1 Year | DNA sample, Store may sue you | Yes |
| $1,000 to $3,000 | 155.30, 165.45 | 4 Years | Predicate Felony Risk | Yes |
| Over $3,000 | 155.35, 165.50 | 7 Years | Predicate Felony Risk | Yes |
A SMALL SAMPLE OF MR. FLETCHER'S MANY SHOPLIFTING SUCCESSES:
Macy's - Manhattan - Client left without paying for two sweaters that were hidden in client's purse - case dismissed, no criminal record, no fines
Century 21 - Manhattan - Pants valued at $120.00 recovered from client's hand after exiting store - all charges dropped, case dismissed, no criminal record, no fines
Target - Rockport - Client was attempting to leave with several clothing items - Client had a criminal history -all charges dropped - no fines - no criminal record with agreement to perform community service
Bloomingdales - Manhattan - Client attempted to leave with $800.00 of clothing - all charges dismissed - no criminal record - no fines
Saks Fifth Avenue - Manhattan - Client observed removing sensor tags and leaving store with over $3,000.00 of clothing - Felony Charges - it was client's second time arrested for same thing - case resolved with no jail
J. Crew - Manhattan - Client caught with clothing hidden in client's purse while attempting to leave store - client was applying for citizenship - all charges dropped - no fines - no criminal record - no immigration consequences
Macy's - Manhattan - Client caught attempting to leave with fur coat valued at almost $3,000 - all criminal charges dropped - small fine