Legal Question in Criminal Law in New York

I shoplifted about a month ago of a worth just under $150 in NYC. I admitted to it in the security room, where they have audio recordings of everything. I asked what would happen and they said that I would be billed by a law firm to pay about 5x the amount I attempted to steal. Then, I was arrested. I was not read my Miranda rights, and I don't know if this would affect my case. However, I'm still confused about how it will work. I'm a college student with no way of affording a lawyer. Buying the plane ticket back to the city was hard enough for me. What will happen to me when I get there? Will I be provided a lawyer if I plead guilty? What if I plead innocent (would that include a lot of plane flights back to NYC)? What are the possible verdicts I can get? Would I need to return to court a month later after I'm assigned an attorney or can I settle it there? Can I get this off my permanent record?

I'd greatly appreciate it if I can get a run through of what I should expect to do or happen to me in the foreseeable future.


Asked on 9/16/09, 6:32 pm

1 Answer from Attorneys

Daniel Guttmann Guttmann & Kellner P.C.

If you can't afford an attorney and the Court is convinced of this fact, then the Court will appoint counsel for you. You have the right to retain your own counsel or may have to retain your own attorney if the Court does not appoint anyone for you. Your attorney will negotiate with the ADA and will attempt to get and ACD which is an adjournment in contemplation of dismissal, with the case being dismissed in 6 months unless you get into trouble again. You would not have a criminal record. Some counties may require you to attend a stop-lift program as well. Good luck

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Answered on 9/23/09, 7:30 am


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