I certainly don’t have the statistics, but countless number of people are arrested and / or issued Desk Appearance Tickets (DATs) in New York for shoplifting and violating the laws of Petit Larceny and Criminal Possession of Stolen Property. Unfortunately for former New York Mayor Rudy Giuliani, at least one local New York City newspaper is reporting that his daughter, Caroline Giuliani, was arrested for shoplifting at Sephora and will join the ranks of the accused. It is likely that she has not and will not go through the system, but will be given a New York Desk Appearance ticket (DAT) that will require her to return to court in lower Manhattan where she will be arraigned.
While the potential offer or disposition in these types of cases vary from county to county, barring the property being valued in excess of a few hundred dollars, it is likely prosecutors will offer her a Disorderly Conduct violation. The Manhattan District Attorney’s Office might move for an adjournment in contemplation of dismissal (the case will be dismissed and sealed in six months) if the value is less than one hundred dollars.Both of these scenarios will include some form of community service. Although a plea or acceptance of one of these offers will not result in a criminal record, a real concern for individuals pleading to Disorderly Conduct is that a background check may reveal the underlying arrest and ultimate plea even though the courts seal the cases. In other words, the “gift” of a shoplifting arrest may not go away. Therefore, it should go without saying that her criminal defense counsel should pursue either an adjournment in contemplation of dismissal or advocate to get the case dismissed procedurally or on other legal grounds if applicable.
For extensive information on New York shoplifting laws (New York Penal Law 155.25 & 165.40), the application of those laws, legal decisions and other information, please review the Theft Offense section of Crotty Saland PC’s New York Criminal Lawyer Blog at NewYorkCriminalLawyerBlog.Com. Additional information regarding New York Desk Appearance Tickets (DATs) can be found through the respective link as well. New York criminal defense attorneys representing clients throughout the New York City region in matters involving Petit Larceny, Criminal Possession of Stolen Property and Desk Appearance Tickets, the founding members of Crotty Saland PC previously served as prosecutors in the Manhattan District Attorney’s Office. Please check the New York Criminal Lawyer Blog next week for an entry regarding shoplifting and arrest where the accused has not yet left the store.