Straight answers about a shoplifting charge in New York.

Usually not. Shoplifting is prosecuted as larceny. If the merchandise is worth $1,000 or less the charge is petit larceny under Penal Law 155.25, a Class A misdemeanor. Above $1,000 it becomes grand larceny, which is a felony. The value the store assigns to the goods is therefore the most important number in the case, and it is not always right.

Petit larceny carries a statutory maximum of 364 days. A maximum is not a sentence. Where the value is low, the merchandise was recovered and there is no prior record, jail is not the typical outcome, and there are dispositions that end the case without any conviction.

If the case ends in your favor, including a dismissal that follows an adjournment in contemplation of dismissal, the record is generally sealed once the case terminates. A conviction is a separate question: eligible misdemeanor convictions may qualify for sealing under the Clean Slate Act after three years, and eligible felonies after eight, once the statutory conditions are satisfied.

There are several routes short of a conviction. An adjournment in contemplation of dismissal under CPL 170.55 adjourns the case with a view toward dismissal; if it is not restored within the statutory period, usually six months, the charge is dismissed. Outright dismissal, reduction to a non-criminal violation, and theft diversion programs are also possible depending on the facts, the court and your record.

It is a written direction to appear in court on a later date, issued instead of holding you until arraignment. You are still fingerprinted and photographed, and you are still charged with a crime. For petit larceny, New York generally favors an appearance ticket. Missing the date can result in a warrant.

That is a civil demand letter, authorized by General Obligations Law 11-105. It is a money demand from the retailer, and it sits outside the criminal case altogether. Paying it does not dismiss the charge and it is not a court-ordered fine. Speak to a lawyer before you pay it or sign anything attached to it.

Generally not in the way people expect. Miranda warnings apply to custodial questioning by law enforcement. Loss prevention staff are private employees, not police, so they are usually not required to give warnings before asking questions. What you said to them can still carry real weight, which is exactly why the advice is to say nothing.

Yes. You do not have to get past the exit to be charged. New York also gives retailers a limited right to detain a person they reasonably suspect of shoplifting under General Business Law 218, provided the detention is reasonable in its manner and its length. Whether it was reasonable is something that can be examined.

A theft allegation reaches licensing bodies differently depending on the profession. The New York State Education Department Office of the Professions reviews convictions case by case rather than treating every one as an automatic bar. The disposition accepted in criminal court is what the licensing process later sees, so the two have to be handled together rather than in sequence.

It can, and seriously. Immigration law often treats theft offenses as crimes involving moral turpitude, which can carry consequences for a lawful permanent resident or a visa holder even with no jail time at all. A plea that looks minor in criminal court can be damaging immigration-wise. Tell your lawyer about your status before any plea is discussed.

It is a criminal charge whether or not it is your first. What representation changes is the disposition: whether the case ends without a conviction, whether the record is sealed afterward, and whether the valuation of the goods and the conduct of the stop are challenged at all.

The first conversation is free and confidential. Fees for representation are discussed directly with him and agreed in writing before any work begins.