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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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Hi, Im Cathy and I am Long Island,46, marriedto

Customer Question

Hi, I''m Cathy and I am Long Island,46, marriedto a doctor 23 yrs w3 kids.. Never any trouble, am a collegegrad. In the past 3 yrs I got divorced,I was arrested 4x. One was for an illegal prescription for vicodin all charges dismissed. The picked up for walking out of a store w20.00 dollar earings by accident, got prob and comm. ser Then got another refil and got proation and 50 hrs of comm serv. I had 1 month left of proation and got misderminor charge. Then yesderday I was exchaging a pair of pants at a Dept store and bought 2 other pair and paid for my them wmy visa. While the transaction went on a woman offered me her 20% off coupon which i handed to the teller. She redid the charge put the pants in bag w the receipt and i walked away. Next thing I know a woman came to me and asked me to follow her and took out the receipt and said i didnt pay for them. Apparently the cashier accidently refunded the money . they called police and gave me atkt to go to court jan 16 what to do?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear Customer

This could cause you alot of grief due to your prior history - I suggest you will need to call the sales clerk as a witness and to do that you will need to have her subpoenaed. Because of this I suggest you consult with a local attorney to assist you - and I only suggest consults with local attorneys when I feel there are grave consequences if not handled properly.

If you have been charged again - whether guilty or not - your probation is jeopardized because even if you are aquitted on the theft charge you can be charge with the violation of probation (VOP) merely on the fact that you have been charged. The violation is something like "presents a danger to self and others" probations and paroles have a lower standard when showing guilt - it is based on a prepondence of the evidence and not a that of criminal law beyond a reasonable doubt. A termination of your probation will result in you doing the time as suspended.

You can contact the NY Bar Association for a referral to an attorney - consults are minimal that way. Click HERE for that contact information

Best of success to you in this matter,

 

Customer: replied 6 years ago.
I am more concerned if there is a way to supercede this as i only got a tkt to show up at court, I dont think I was aresred yet and there was no bail or anything and I have receipts for the pants I exchanged which they added in the total $270.00 and the receipt from visa i paid for the other 2 pair in good faith, the error was on the cashier....Cathy
Expert:  Michelle replied 6 years ago.

Dear Customer

Then I suggest that you make sure you report this incident to your probation agent - that is a must - it shows that it was indeed an error and it is a requirement of your probation to report any criminal incidents not just arrests, correct? I am more concerned that you probation is going to be terminate and time given on that charge.

I don't know that it can be superceded - but your evidence show make good presentation in court -

 

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