Shoplifting, Larceny, Robbery, Theft Petty Larceny 1st offense in NY

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tyreek mcCall

New Member
Jurisdiction
New York
My name is Tyreek and I'm 20 years old. I'm currently in my third year of college. Today, I was stopped by a supervisor for stealing a can of off spray which was about 2.50. He asked me to come with him in his office but I didn't take anything so I refused to go. The cops stopped me and ask to check my bags where they didn't find anything. I gave them my receipt of what I brought but the store still managed to charge me with petty larceny. I'm so scared because I've never been arrested or went to a precinct. What do you think would be the outcome when I go to court?
 
The outcome can be one of three things: guilty, not guilty, or dismissed.

Plead not guilty, ask if you qualify for a public defender, don't admit to anything, don't explain, simply plead not guilty, seek a lawyer or public defender, speak only to YOUR lawyer, stay out of more trouble, wait with your piehole shut!!!
 
army judge said:
The outcome can be one of three things: guilty, not guilty, or dismissed.

Plead not guilty, ask if you qualify for a public defender, don't admit to anything, don't explain, simply plead not guilty, seek a lawyer or public defender, speak only to YOUR lawyer, stay out of more trouble, wait with your piehole shut!!!
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So I wouldn't receive jail time for this?
 
tyreek mcCall said:
So I wouldn't receive jail time for this?
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It's almost impossible to get jail time for boosting junk under three bucks, unless you've lived a life of crime.

You're innocent until proven guilty, or you do more stupid stuff - like CONFESS -or- keep on BREAKING THEIR LAWS!!!!

All you need to know I've already posted.
 
Interesting that you were cited for theft even though they did not find any stolen property.

If you did not actually steal anything the outcome will most likely be in your favor since there will be no evidence.

However, the crime of theft is complete before you ever walk out the door. If you did take something and managed to get rid of it before they searched you then you can still be found guilty of the theft. It would still depend what evidence they can produce to support their allegation.

If found guilty you should expect to pay fines, maybe attend a class, and maybe a short stint on probation. As a first offender of the pettiest of petty crimes there certainly would be no jail time. You might even be able to walk away with no consequence at all.
 
tyreek mcCall said:
I was stopped by a supervisor for stealing a can of off spray
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A supervisor of what? Where were you "stopped" by this person?

tyreek mcCall said:
The cops stopped me and ask to check my bags
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Where did this encounter occur?

tyreek mcCall said:
the store still managed to charge me with petty larceny.
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A "store" cannot charge a person with a crime. A store, acting through its employees, may report a suspected crime. The police may or may not investigate and may or may not refer the matter to the district attorney for prosecution, and the DA may elect to file charges or not.

tyreek mcCall said:
What do you think would be the outcome when I go to court?
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No way for anyone here to know, but I would think a fine would be far more likely than incarceration, if you plea guilty or are convicted.
 
tyreek mcCall said:
I'm just so nervous about this because this is my first time in a situation like this.
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If you're smart, really, really smart; and you're silent, you might just see this sordid event implode right before your very eyes.

If you know you did NOTHING wrong, you plead NOT guilty and demand a jury trial.

You don't explain, comment, or offer a defense, YET.

You sit back silently and let the state go forward with the case.

From what you recite, you're as innocent a baby in its mother's womb.
 
zddoodah said:
A supervisor of what? Where were you "stopped" by this person?

He was an employee of the store. When I was heading out the door he asked did I take any bug spray and I told him no. Then, he just "okay". While I was walking home the police stopped me and asked can they see a receipt of what I brought and search my bags. Everything on the receipt was in the bags and they didn't find any bug spray. Later on that night, the police officer told me that the employee charge me with petty larceny. I'm so scared for this petty case to be on my record. I'm a college student, never been arrested and I'm currently working to maintain. Can you please give me your honest opinion? Do you think this would be on my record? Do you think I would do any jail time for this? Or probation? Fine? And etc. thank you for your concern,I really appreciate it.

Where did this encounter occur?



A "store" cannot charge a person with a crime. A store, acting through its employees, may report a suspected crime. The police may or may not investigate and may or may not refer the matter to the district attorney for prosecution, and the DA may elect to file charges or not.



No way for anyone here to know, but I would think a fine would be far more likely than incarceration, if you plea guilty or are convicted.
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T
 
army judge said:
If you're smart, really, really smart; and you're silent, you might just see this sordid event implode right before your very eyes.

If you know you did NOTHING wrong, you plead NOT guilty and demand a jury trial.

You don't explain, comment, or offer a defense, YET.

You sit back silently and let the state go forward with the case.

From what you recite, you're as innocent a baby in its mother's womb.
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I really appreciate your response but they claim they saw me on camera taking the item. But they didn't find anything on me, I showed the police everything I paid for and they search my bags which they didn't find nothing except of the items I brought. The cops said out his very own mouth, "this is bullshit" and told me I'm free to go. Later that night, I was told I was being charged for petty larceny. He told me to come to the precinct for a desk appearance ticket for court. How far you think this case would go? I'm praying to God, this don't mess up my record as a first time offender. Please let me know what you think. I really appreciate your concern. Thank you.
 
tyreek mcCall said:
I really appreciate your response but they claim they saw me on camera taking the item. But they didn't find anything on me, I showed the police everything I paid for and they search my bags which they didn't find nothing except of the items I brought. The cops said out his very own mouth, "this is bullshit" and told me I'm free to go. Later that night, I was told I was being charged for petty larceny. He told me to come to the precinct for a desk appearance ticket for court. How far you think this case would go? I'm praying to God, this don't mess up my record as a first time offender. Please let me know what you think. I really appreciate your concern. Thank you.
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The police use lies to get stupid people to confess.

Store security lies to you, to get you to confess.

You can't get convicted by what a camera MIGHT show.

A criminal defendant has the RIGHT to confront any accusers in court.

No human being can confront, meaning cross examine a video.

It is never wise to talk to the police IF you're being investigated.

You have the RIGHT to REMAIN silent.

You get the ticket, you appear in court, you plead NOT guilty, you admit to nothing, you explain silent, if asked to comment by the cops or DA, you say, "Sorry, I invoke my right to remain silent and request a court appointed lawyer."

No matter what, keep repeating that mantra.

A fish gets caught when he opens his big mouth to bite that worm on that sharp hook.

I suggest you watch this video COMPLETELY to learn so much more.



Okay, good luck to you.
 
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I couldn't thank you enough, that video was an excellent example. I just want this case dismissed and never come on my record. Thanks again for your help
 
It will always come up on your record - you were arrested and that will always show up on your criminal history.

In NYC you will never do time for a misdemeanor unless you have an extensive criminal history.
 
Also, you do not have to go to the station to get a citation. If they want you they know where to find you.
They want you to cone in voluntarily so they can queation you without informing you of your rights. Don't fall for their trap.

If there actually is something in video that could incriminate you then yes, it can be used against you in court if the matter should ever get that far. I think you misunderstood what was being said above.

You know whether you intended to steal anything or not. If you did take/conceal something with intent to steal then dumped it somewhere else in the store before they searched you, yes, you completed the act of theft and can be prosecuted for it.

Their video might not clearly show what you did, if anything. However, you know if you didn't do anything then there is nothing to worry about regardless.
 
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I am a Retail Theft consultant and answer questions like yours daily. If you took nothing then I dont see how you were cited however laws vary by state. The camera must of shown something. Even if its an error. Did you conceal anything? In some states concealment alone is a crime
 

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