What is the minimum punishment for a minor who shoplifted?
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What is the minimum punishment for a minor who shoplifted?
Daughter was caught shoplifting and has a legal aid lawyer. Previous year she was charged with a violation for marajuana possession; that charge was dropped and erased from her record after six months. Can this affect her current situation with the shoplifting charge or would the new charge be considered a first offense? What punishment could she face
Asked on April 14, 2009 under Criminal Law, New York
Answers:
S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
What your daughter received for the first offense was what they call an ACOD which means thecase was adjourned and then dismissed if she stayed out of trouble. Normally on a shoplifting charge which is petit larceny the offer is an ACOD. However, since she already received an ACOD the DA may not automatically give her another one. They could if she agreed to do community service or pay restitution ifthe item was not returned. However they may not offer that due to her first offense. In that case what would happen is your lawyer could ask to have the charge dropped to a violation such as disorderly conduct. It is a violation and not a crime and would result in a fine with a surcharge. Also if she is under 18 at the time of the offense she could get Youthful offender treatment which would result in her record being sealed if she pleads to the misdemeamor.
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Depends on what you mean "erased from her record". It doesn't show up anywhere? Does the arrest itself show up?
Not a good track record for your child. The minute she goes to court (if she does) and if she takes the stand, all the prosecutor has to do is ask if she has been arrested or charged for another offense. How much did she steal? Shoplifting is larceny. Did she use violence/weapon to steal or merely shoplifted?
Review the following: http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
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