You’ve been arrested for petit larceny (“petty larceny”) in lower New York and wonder how this will affect your criminal record and what comes next for your defense. How it plays out in front of a judge will matter on a few key points, including your criminal history, the ability of your attorney to defend you, your attitude throughout court proceedings, and the circumstances of your arrest.
What is Petty or Petit Larceny?
Petty Larceny Attorney Orange County, NY
Also known as “petty theft” in the State of New York refers to a misdemeanor charge for stealing property of less than or equal to $1,000. It is most commonly associated with shoplifting and can occur regularly in places like Woodbury Commons Premium Shopping Outlets in Central Valley, NY. Here is how NY state views petty larceny under the law:
“A person is guilty of petit larceny when he steals property.“ Being arrested for theft or property worth over $1,000 increases the charge to “Grand Larceny,” and this offense has various degrees of severity based on the whole dollar amount of stolen property.
Bail, Release, & Desk Appearance Ticket (DAT)
What happens after an arrest for petty larceny will depend on whether or not you have previous arrests and criminal history or if it is a first-time offense. In NY, most first-timers will be released with a DAT, or “desk appearance ticket,” which tells you where and when to arrive for your arraignment (first court date). If you have a criminal history, you may face a judge for a bail sentencing or be held by the state until your arraignment.
Petit Larceny Arraignment & Plea Bargain
At your arraignment, a judge will formally read the charge or charges against you. You’ll enter a plea of “not guilty” or “guilty”. For first-timers, your attorney will likely try to reduce the charge to a non-criminal violation, which means you would have no criminal record, or they may request an ACD (Adjournment Contemplation of Dismissal). With an ACD, if you stay out of trouble and do not get arrested again in 6 months, the original charge is dropped, and you complete the case with no criminal record. These are the ideal outcome for a patty larceny arrest in New York. Be sure you get your attorney involved immediately after your arrest to give yourself the best chance of avoiding a criminal record or jail time.
Tell Your Attorney the Whole Story
It really doesn’t matter why you were arrested for petty larceny. Telling your lawyer the whole story with all the details included is an absolute must. Lying to your attorney or omitting key facts about your arrest can be a huge problem when facing a judge. Let’s be clear about something now: your defense attorney is not here to make a moral judgment against you for anything you’ve done.They are here to defend you and see that your rights are not encroached upon, from arrest through bail to court dates.
Your defense attorney needs the facts:
- When you got arrested, what were the circumstances?
- Were there other parties involved?
- Did you physically have stolen goods in your possession?
- What was the dollar value of what you were found with?
- Was there a leader in the operation?
- Did you have your Miranda rights read to you during your arrest? Did law enforcement act lawfully?
- Where were you arrested? The parking lot? In a store?
- Did you cooperate during the arrest?
If the arresting officer made a mistake, it could be critical evidence when facing a judge. If extraordinary circumstances surround your arrest, it may be crucial to your defense. So, don’t omit anything from your attorney. The more details you can provide your attorney, the better they can craft your defense, no matter how insignificant a single detail may seem.
Going to Trial & Finding the Right Attorney
You may go to trial for a petty larceny arrest for a few reasons. If it comes to that, you’ll want an experienced Orange County NY Petty Larceny Attorney to defend you through the entire process. Many of these cases won’t go to trial, and the right attorney can ensure you have the best chance of a dismissal or reduction in charges. If you have faced this charge numerous times, the right attorney can help minimize any jail time and fines the state may levy against you. The point is: don’t go it alone.