Can I go to jail for petit larceny while still on ACD? 5 Answers as of June 23, 2011

I was recently arrested for shoplifting $26 worth of items from Walmart. In February, I was arrested for stealing a carton of cigarettes from and got 6 months ACD. My 6 months is not up yet and I'm scared I'm going to jail. I'm 17 and I believe they're charging me as an adult. I didn't have to get a lawyer the first time but I need to know what I should do now?!

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Yes you could ( but you might not ) be sentenced to jail since a condition of obtaining an ACOD is that you do not get in trouble again during the 6 month period of the ACOD. You should hire an attorney to negotiate a favorable " no Jail " promise plea bargain since most likey the ACOD is off.
Answer Applies to: New York
Replied: 6/23/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
Your summary states that you shoplifted and were given a 6 month ACD, which is a delayed dismissal that says that if you are not arrested again the charges will be dismissed and you will not have a criminal record. Within the 6 month period you were arrested again for another shoplifting case and you are worried that you might be going to jail. You are 17 years old and you think that you may be charged as an adult. I will start by saying that you apparently have a problem with honesty, maturity, and decision making. You are committing crimes for $26 worth of merchandise that can give you a criminal record for the rest of your life. That could mean that you will never be able to get a good job or career if you finally wake up and get a good education. you will be labeled a thief and your parents will have to go back to court and be embarrassed. They will have their good name damaged by your poor decisions. What is more, you will be using the same brain that made those decisions for the next 10 years and unless you change your entire view of the world and your place in it you will be arrested again and again for other poor decisions and rash behavior. You need to realize that your reputation and good name are valuable and essential to your success. You need to get a good education and obey the laws of the State of New York or New York is going to put you in a cage. All is not lost however, because you are under 19 you are still eligible for Youthful Offender Treatment. You can plead guilty and the judge can give you probation, a fine, or community service. You will not have a criminal record, but the police, military, prosecutors, and judges will be able to see what you were arrested for and see that you were given a YO. After that the next judge is going to sentence you to a juvenile facility or Intensive Probation with house arrest or a strict curfew. You will be drug tested and have to see a probation officer every week for a year or more. It is not too late to turn your life around. Millions of young men were involved in minor crimes and learned a lesson from it. To be successful in life you need to work hard, study hard, stay out of trouble, listen to and respect your parents, and not get arrested every month. You will also have to get a job because you apparently are not a very good shoplifter.
Answer Applies to: New York
Replied: 6/22/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
I'm not 100% sure I know what you're asking. But, here goes. If you are re-arrested before the expiration of the ACD, then the charges can be put back on the criminal calendar and the case against you can proceed. You would then be facing both charges. Whether or not the ACD is "restored", you are probably not going to get another ACD. Nor will you probably go to jail. Not quite yet. But you're working towards it. You may be required to take a plea this time. Maybe to a Petit Larceny, maybe an attempted Petit Larceny or, if you're really lucky, a lesser violation. However, you may be granted Youthful Offender Treatment. Then the conviction would essentially go away.
Answer Applies to: New York
Replied: 6/22/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
Yes, you should retain counsel. We can represent you.
Answer Applies to: New York
Replied: 6/21/2011
Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
The DA can restore the first case if the 6 months has not elapsed so you could be facing two cases. You should retain a good criminal defense attorney.
Answer Applies to: New York
Replied: 6/21/2011
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