Will I have a shoplifting misdemeanor on my record? 4 Answers as of August 15, 2011

I live in New York, and I'm 16 years old. I wont try to convince anyone with a sob story as to why I did steal the item, it was a dumb choice and I regret it now. It was my first attempt, and this is serving as a wake up call to never attempt it again. So, I decided to steal an audio cable, under $5 in value. When they stopped me at the door and took me into the room with the camera displays, I stayed calm, polite, and they didnt take the time to lecture me, they just took my information off my driving permit and I was on my way. Nothing to sign, and no security involved, except for the loss prevention team itself. They told me that I'll be receiving something in the mail, and I'll have to pay 4 or 5 times the price of the item as a punishment. They chose not to call my parents, but recommended I tell them before we get the letter. And now for my questions: Will this be put on some sort of criminal/permanent record? Besides the fine, is there any other repercussion I must serve? Probation, court appearance, community service, juvie even? What else will this letter contain? Besides most likely banning me from Walmart? I'm nervous and uneasy about this, and simply knowing whats to come would help, thanks in advance.

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Law Offices of John Carney
Law Offices of John Carney | John Carney
You committed a crime for a $5.00 item. That shows very poor judgment and you acknowledged that in your summary. They chose to just use the civil penalty and charge you three times the price of the item. You risked having a criminal record that can destroy your chance to get a good job or career. Millions of young people steal from stores every year because they are impulsive, immature, and do not understand the consequences of having a criminal record. There are many store detectives, cameras, and security guards who are looking for shoplifters. Eventually they will be arrested and will ruin their reputation and chances of getting a career or get admitted to college. You must learn to make good decisions in life and not follow impulses. On Thu, Aug 11, 2011 at 1:08 PM, Question From LawQA wrote: > ANSWER A QUESTION THAT WILL BE DISPLAYED ON NEW YORK CRIMINAL DEFENSE > WEBSITES ON THE LAWQA NETWORK. > > LAW AREA: CRIMINAL DEFENSE > STATE: NEW YORK > ID:30118 > > Question: Will I have a shoplifting misdemeanor on my record? > Question Detail: I live in New York, and I'm 16 years old. I wont try to > convince anyone with a sob story as to why I did steal the item, it was a > dumb choice and I regret it now. It was my first attempt, and this is > serving as a wake up call to never attempt it again. So, I decided to steal > an audio cable, under $5 in value. When they stopped me at the door and took > me into the room with the camera displays, I stayed calm, polite, and they > didnt take the time to lecture me, they just took my information off my > driving permit and I was on my way. Nothing to sign, and no security > involved, except for the loss prevention team itself. They told me that I'll > be receiving something in the mail, and I'll have to pay 4 or 5 times the > price of the item as a punishment. They chose not to call my parents, but > recommended I tell them before we get the letter. And now for my questions: > Will this be put on some sort of criminal/permanent record? Besides the > fine, is there any other repercussion I must serve? Probation, court > appearance, community service, juvie even? What else will this letter > contain? Besides most likely banning me from Walmart? I'm nervous and uneasy > about this, and simply knowing whats to come would help, thanks in advance.
Answer Applies to: New York
Replied: 8/15/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I can not tell if they will press charges in criminal court or if they will deal with it out of court internaly through Walmart. If they do press criminal charges you should hire an atorney to try to get an ACOD adjournment in Contemplation of Dismissal- which means the case is adjourned for 6 months and if you do not get in trouble the case will be dismissed. Also since you are under 20 you should qualify for Youthful Offender treatment which means if you are convicted it will be vacated and the record sealed.
Answer Applies to: New York
Replied: 8/13/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
It sounds like they let you go and decided not to press charges against you. You are very lucky. Because the value of what you took was only $5.00, the store can come after you and your parents in civil court for $75.000. Your parents will probably get a letter from a lawyer demanding payment.
Answer Applies to: New York
Replied: 8/12/2011
Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
You were lucky. The store didn't have you arrested so you will not have a criminal record and wont have to go to court. The letter you will get is a civil demand. NY law allows a store to seek five times the value of the goods stolen up to $500. However, I never have my clients pay this because I've never heard of a store actually filing a lawsuit to try and collect because it costs more to pursue the case than it is worth. Usually stores make someone sign a trespass notice while still at the store, which tells them they are banned from either that one store or the entire chain.
Answer Applies to: New York
Replied: 8/12/2011
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