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Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 585
Experience:  Attorney at Law Offices of Khaled Issa
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I was arrested in TJMax store in Edgewater NJ, have court

Customer Question

I was arrested for shoplifting in TJMax store in Edgewater NJ, have court date March 3. I purchased a some products and had to return some, put some creams in return bag$129 value, by accident, was stopped and arrested, have court date March 3. I was arrested in NY few years ago for shoplifting.$500 value. Had fine to pay and community service. It all happened after my accident, I was hit badly by the car, had a lot of injuries, including head, concution,under dr.s treatment of antidepressants , history of memory loss.. Will the record of previous arrest in NY be seen by police, or procecutor at the time of court?! Will they ask if I had the crime before? What should I say ? Should I hire a lawyer ? Can I be sentenced to prison? I am out of country now till February 27.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.

Good morning:

My name is ***** ***** I would be happy to provide general information regarding your issue. First, I am sorry to hear of the situation you are currently in.

To answer your general questions, let me begin with whether or not the prior arrest will be seen by the prosecutor at Court. The answer is yes. Regardless of the outcome of the arrest and charge (i.e., deferred prosecution or an actual conviction, as it appears in your case), prosecutors will be able to see the and know about the prior arrest and conviction of any other retail theft charges.

As to whether or not they will ask you about the prior offense, they will not. This is because they will already know about it as mentioned above. Also, your prior offenses will not play a role unless and until you are found guilty of the current offense (so towards the end of a case).

Because this involved goods under $129, it is a Disorderly Persons Offense, which means it is punishable by up to 6 months in county jail and a fine of up to $1,000 if found guilty. However, just because it is punishable by jail time does not necessarily mean jail time will be given. Because there is so much on the line, it is always wise to retain an attorney to defend your case and/or try to make any arrangements for you to avoid serving any jail time.

I hope I have been able to assist. If you have any follow up questions based on what I have provided, please ask and I would be happy to answer them.

If not, please remember that JUST ANSWER IS A "PAY FOR SERVICE". Please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. No payment for my time and effort is made until you click accept (even if you put down a deposit or have a subscription).

Expert:  Legal-Kal replied 1 year ago.

I have seen that you have read my last post.

Please let me know if you have any follow up questions on what I have provided.

If not, please do not forget to click ACCEPT and rate my assistance. Thank you!

Expert:  Legal-Kal replied 1 year ago.

Just a reminder, please click ACCEPT if you have no other questions on this topic as experts here assist people, not as a hobby and credit cannot be given to experts until an answer is accepted and rated.