Legal Question in Criminal Law in New York

P.l. 165.40 Nyc

I was arrested a few day's ago in NYC for shoplifting. I was fingerprinted, photographed and held in a cell with others for several hours. I was released and issued a DAT with the code 165.40 on it. I am to appear in court in a few weeks.

This is the first time I have ever been arrested in my life. I have no prior record at all.

The security guard at the store was a former NYC Detective. I was told by the security guard that when I go to court I should ask for something called an ACD.

My question is, as this is my first offense or arrest every, what is the likelihood that the DA will give me this option? I just don't want to have to go to jail and also have this on my record. I am out of work and this would really hinder any future job applications etc.

Any help would be really appreciated. Thanks all in advance!


Asked on 8/11/09, 8:27 pm

2 Answers from Attorneys
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

You've been charged with criminal possession of stolen property, not shoplifting. It's a much different crime. Regardless, a non-jail outcome is very likely but depends on the value of the property and other factors.

You should never appear in a criminal proceeding such as this without a criminal defense attorney.

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Answered on 8/20/09, 12:36 pm
Steven Czik CZIK LAW PLLC

It is highly reccomended that you retain an experienced attorney to defend you in court and preserve your rights. This will also greatly increase the chances of you recieving a substantially more favorable outcome.

We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Gordon

Law Offices of

STEVEN J. CZIK, P.C.

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New York, New York 10013

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The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 8/21/09, 1:54 pm


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