Fraud arrests are embarrassing. Theft arrests are compromising. Larceny arrests are stigmatizing. Felony arrests in New York? Those can land you in prison. Misdemeanors? By Desk Appearance Ticket or full processing in Central Booking, there is potential for incarceration too. Whether it is a shoplifting arrest or DAT for violating…
Articles Posted in Shoplifting
Shoplifting Arrests and Acting in Concert: What Type of Nexus is Needed Between Two People to Establish a PL 155.25 Crime
If there is such a “good” in crimes and prosecutions, arrests and accusations for shoplifting often result in the issuance of a Desk Appearance Ticket (DAT) in lieu of a person being processed through Central Booking. The “bad,” however, is that shoplifting arrests for the crimes of Petit Larceny, New…
Legal Sufficiency & the Minimum Requirements of a NY PL 155.25 or NY PL 165.40 Case
Petit Larceny, New York Penal Law 155.25, is one of the most common theft crimes charged in New York, prosecuted by Assistant District Attorneys, and defended by New York criminal lawyers. Like its sister offense of Criminal Possession of Stolen Property in the Fifth Degree, New York Penal Law 165.40,…
Petit Larceny Shoplifting Arrests: Understanding the Asportation Element in New York
It certainly is not used in the everyday lingo of a non-lawyer and rarely used by those who are practicing attorneys, but asportation is a term that a New York criminal defense attorney or New York theft lawyer should be keenly aware of. More specifically, the importance of this term…
Shoplifting Arrests in New York While Inside a Retail Store: A Review of the New York Legal Standard
Its a common theme or perceived defense to shoplifting in New York City that routinely rears its head from those accused of shoplifting and attorneys not necessarily familiar with how to defend a shoplifting arrest. “I didn’t leave the store so how can I be guilty of a crime involving…
Lawyer Arrested for Felony Shoplifting Can Avoid Criminal Record: Grand Larceny Arrest Repleaded to Allow Non-Criminal Violation
Arrests for shoplifting in New York City are horrendous, but when that arrest is for shoplifting property valued more than one thousand dollars ($1,000), the accusation can become a game changer in terms of your future both inside and outside the courtroom. As noted and addressed in numerous blog entries,…
What? The New York City Police Arrested Me for Shoplifting and I never Left the Store??! How can that be?!
It is fairly common for store security at Macy’s, Bloomingdale’s, Century 21 or any other New York City department store in Manhattan, Brooklyn or Queens, to “jump the gun” when apprehending or detaining an individual for shoplifting. Often time, an arrested shoplifter in New York is accused of placing items…
Overzealous & Eager Store Security: When Your Innocent Acts Lead to a Wrongful Shoplifting Arrest in NY
Shoplifting arrests throughout New York City are relatively common events. Sadly, whether it is at Bergdorf Goodman in Manhattan, Century 21 in Queens or any other department store in Brooklyn, often time an overzealous or moderately experienced store security officer is all to eager to assume you were shoplifting. Even…
Potential Secondary Punishment & Consequences for Shoplifting Arrests in New York: Censure & Disbarment for Lawyers & Attorneys
A New York shoplifting arrest, whether it be in violation of New York Penal Law 155.25, New York Penal Law 155.30, New York Penal Law 165.40 or New York Penal Law 165.45, is an extremely serious crime with enormous secondary and collateral consequences. Believing otherwise is both naive and foolish.…
Is Asportation (the Moving / Removing of Property) a Necessary Element of a New York Petit Larceny or Grand Larceny Shoplifting Arrest?
If you take a skirt, shoes or even groceries without paying from H & M, Saks Fifth Avenue or Whole Foods respectively, well, then, you must have committed a theft. Clearly, if you walked out of the store concealing the property or just without paying you are going to get…