Criminal Law Questions? Ask a Criminal Lawyer.
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.
I hope I was able to answer your question.
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.
do you have any defaults on your record for not showing up to court?
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 .
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).