NYC Desk Appearance Ticket Attorneys

Shoplifting/Petty Larceny (PL 155.25)

Click here to learn more about Desk Apperance Tickets, generally.

 

Shoplifting or stealing merchandise worth less than $1000.00 is typically charged as Petit Larceny, a Class A misdemeanor. It is also sometimes charged as Criminal Possession of Stolen Property in the Fifth Degree, under Penal Law 165.40, which is also a Class A misdemeanor. Anything involving a theft greater than $1000.00 can be charged as a felony (called Grand Larceny).

 

The maximum legal penalty for a conviction of this charge is one year in prison. One can also be sentenced to three years of probation. More typical results for these cases for first time offenders include non-criminal dispositions with community service and/or attendance at the Stoplift program, an anti-shoplifting education and rehabilitation program. However, there a whole host of other potential consequences to these arrests and convictions - see at the bottom of the page for a more exhaustive list, and call us if any of those items may apply to you.  

 

Notably, if you are a non-citizen, a conviction for this crime can be classified as a “crime involving moral turpitude,” or CIMT, that might have serious negative consequences for you, including potential future inadmissibility or even present deportability. Some seemingly excellent dispositions may also jeopardize your ability to get or renew a visa.  Click here to learn more.  

 

If you are a FINRA-licensed broker, an arrest for this charge MUST be disclosed on your U4 form, and will have to remain there forever, as it is a crime involving theft. Certain types of routine dispositions on these cases can also make you ineligible to work for an FDIC-insured institution, as well. Click here to learn more.  

 

The security guards at major department stores in New York City make thousands of “arrests” each year that ultimately result in the issuance of Desk Appearance Tickets by police officers. The arrested person is usually issued a trespass notice by the store, meaning that their right to shop in their stores has been suspended for a period of time or permanently revoked, under penalty of arrest for trespassing or even felony burglary.

 

Major department stores also routinely issue civil demands of those people that they apprehend, with the expectation that they will send a check to resolve a threatened civil lawsuit under the General Obligations Law. Click here to learn more about these civil demands.

 

Sometimes, security guards at department stores elicit written confessions from the people that they apprehend with the promise that an admission will cause them to release the person without calling the police. Security guards have also been known to demand cash payments to resolve “civil demands” right there on the spot during the course of the apprehension. If this happened to you, you are certainly not the first person to suffer from this questionably lawful treatment.

 

If you or a loved one have been issued a Desk Appearance Ticket for shoplifting or Petit Larceny, you should contact us about representing you in court. We have been successful in obtaining complete dismissals for dozens of clients facing these charges, including non-citizens, FINRA-licensed brokers, and other professionals facing employment consequences.   

 

The potential penalties from this Desk Appearance Ticket:

Up to 1 year in jail.

Up to 3 years of probation.

Fines up to $2,000.

Community service.

Restitution for the lost or damaged property.

A civil lawsuit or civil demand .

Immigration consequences including deportation.

Employment problems.

Permanent career consequences for financial sector (FINRA), governmental, and other professional employees.

Consequences for aspiring university students and graduate students, as well as those seeking financial assistance.