If I was given a desk appearance ticket for petit larceny, what are the possible consequences?
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If I was given a desk appearance ticket for petit larceny, what are the possible consequences?
I was detained at target for petit larceny and was given a DAT by the police officers who later showed up. It is my first offense and I returned all the stolen items. What are the consequences I am now facing?
Asked on March 28, 2018 under Criminal Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
When a defendant has no prior criminal record, the courts allow for a special probation called "diversion". This is an alternative sentencing tool that allows an individual to clear their criminal record history upon completion. Basically, the defendant goes to court and pleads guilty to the offense. The judge then issues a probation (e.g. community service, a fine, resitution, etc). When the sentence is fully completed, the plea is withdrawn and the case is dismissed. Essentially, the case is "diverted" out of the criminal justice system. You will be left with a clean criminal history record.At this point you may want to consult directly with a local criminal law attorney. The fact is that diversion is only available to first-time offenders, so if they can get the charge dismissed on a technicality, etc., then diversion would be available to you in the future should you ever need it.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
When a defendant has no prior criminal record, the courts allow for a special probation called "diversion". This is an alternative sentencing tool that allows an individual to clear their criminal record history upon completion. Basically, the defendant goes to court and pleads guilty to the offense. The judge then issues a probation (e.g. community service, a fine, resitution, etc). When the sentence is fully completed, the plea is withdrawn and the case is dismissed. Essentially, the case is "diverted" out of the criminal justice system. You will be left with a clean criminal history record.At this point you may want to consult directly with a local criminal law attorney. The fact is that diversion is only available to first-time offenders, so if they can get the charge dismissed on a technicality, etc., then diversion would be available to you in the future should you ever need it.
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