Shoplifting, Larceny, Robbery, Theft Arrested in NYC PL 165.40

[mrasg1]

My jurisdiction is: NY

I was arrested for shoplifting $250.00 from a supermarket I
I was taken to the precinct, where I spent 4 hours in a holding cell. I was fingerprinted and photographed.. I was then released with a DAT and top charge of PL 165.40. with a court date.

From online investigating that I have done, seems like an ACD is the ideal disposition.

From what I have learned and someone please correct me if I get any of this wrong. I will go to court and could get an offer of a 240.40 violation (disorderly conduct). Is it true that some Prosecutors won't offer and ACD and it's far from a sure thing?

I am out of work so the bigger issue for me is that even a violation of disorderly conduct may "pop up" on a background search down the road. So I definitely want an ACD.

Am I correct with what I have presented? Will I have to go to court and then if I want an ACD another date will be set and the time in between dates is where negotiations are done?

As I am out of work and funds very tight, would It be held against me by the Prosecutors if I don't have a Lawyer with me?

Thanks all and thank you for this forum!

 

[jacksgal]

You go to court and plead not guilty. If you do not have fund for an Attorney ask for Public defender at that time. Discuss options like Diversion with this Lawyer. You can also get info from the link in my signature line

 

[NY_Shark]

An ACOD is unlikely. You might get an offer for a disorderly conduct charge, and personally I would take it. A dis-con is a violation, not a "crime", so don't worry about having to having to check off one of those boxes on the job applications.

Hook up with the public defender, let him wheel and deal and things should go smoothly