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LawEnforcement4you
LawEnforcement4you, Policeperson
Category: Criminal Law
Satisfied Customers: 45
Experience:  Police Officer – 22 yrs., Chief of Police – 5 yrs., Accident Reconstruction Specialist
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I have been arrested and charged with Petit Larceny.This is ...

Customer Question

I have been arrested and charged with Petit Larceny.This is my second arrest.December17th,2004 was my first arrest for shoplifting $65.00 worth of perfume from a local drug store.What will the penalties be his time?I stole(or tried to steal)$392.00 worth of cosmetics from Sephora . I have a court date this Tuesday at 9:00.I'am not happy with my lawyer because he never returns my call, They don't think I will get bail,but this being my second arrest i'am worried. Please-e-mail me back. How many times do you think I will have to go to court to resolve this? Can I face jail time?Please help me.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  LawEnforcement4you replied 6 years ago.
DearCustomer

Petit larceny in New York is a class A misdemeanor and is punishably by up to one year in jail. Considering your past arrest it is possible bail will be set upon your arraignment on Tuesday. Whether or not you are convicted the sentence to jail if any will be up to the judge.

I recommend that if you have any extenuating circumstances such as alcohol or drug addiction, etc. problems that you bring those forward to the courts attention and attempt to get some help.

I have attached below the petit larceny statue and the penalty statue for a claaa A misdemeanor for NY.

§ 155.25 Petit larceny.

A person is guilty of petit larceny when he steals property.

Petit larceny is a class A misdemeanor.

§ 70.15 Sentences of imprisonment for misdemeanors and violation.

1. Class A misdemeanor. A sentence of imprisonment for a class A

Misdemeanor shall be a definite sentence. When such a sentence is

Imposed the term shall be fixed by the court, and shall not exceed one

Year; provided. ......Except that the court may impose any

Other sentence authorized by law upon a person who has not been

Previously convicted in the five years immediately preceding the

Commission of the offense for a felony or a class a misdemeanor defined

In this chapter, if the court having regard to the nature and

Circumstances of the crime and to the history and character of the

Defendant finds on the record that such sentence would be unduly harsh

And that the alternative sentence would be consistent with public safety

And does not deprecate the seriousness of the crime.

Good luck,

I hope I was able to answer your question.

LEF4U
LawEnforcement4you, Policeperson
Category: Criminal Law
Satisfied Customers: 45
Experience: Police Officer – 22 yrs., Chief of Police – 5 yrs., Accident Reconstruction Specialist
LawEnforcement4you and 11 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
How much of a fine can I be faced with in a liability case for money damages to the owner of the alleged property,being it was $392.00 worth of stuff? I suffer from severe mental illness.Also,how high (in what range )would bail be set ,if any? My lawyer told me to throw out the paper which said I could be sued civiley -he said it is just a scare tactic some people use to scare offenders.Do you also think I can get this wrapped up in one court visit-the lawyer is extremely expensive and the last thing I need is to be going to court like say five times
Customer: replied 6 years ago.
Please answer my reply.Thanks!
Expert:  LawEnforcement4you replied 6 years ago.
Customer

Mental illness is one of the mitigating factors I spoke about earlier. If you have any medical records to document this you should obtain them for the courts probation department.

I doubt you can rap the case up in one visit unless you are going to plead guilty. Usually there are several steps, the arraignment; pre-trial conferences which usually are a couple and then the trial. If you can negotiate a good deal for probation then maybe you can get it done faster.

As to the civil penalty, those warnings have been given out for years and I do not know of one case when the company actually brought a civil complaint against a person who was criminal charged. I have seen companies bring civil action against a person who they did not prosecute.

I think your lawyer is right on point with that.

Good Luck,

LEF4U

Customer: replied 6 years ago.
Relist: I still need help.
What are my odds of getting bail since this is my second arrest for shoplifting.I stole $392.00 worth of perfume from a store. My first arrest was five years ago for $65.00 worth of stuff.Idon't have that much money and I'am scared.
Expert:  LawEnforcement4you replied 6 years ago.
Customer

do you have any defaults on your record for not showing up to court?

Customer: replied 6 years ago.
No I do not.
Expert:  LawEnforcement4you replied 6 years ago.

 

Customer

No one knows what a judge will do. Bail is set when the court believes a defendant won't return to court. I would argue that you have no defaults on your record and you have a mental illness and being incarcerated doesn't allow you to get outside mental health assistance.

Let me know what happens at court .

Good Luck,

LEF4U

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