Passion, Knowledge & Experience
Innocent and Facing Charges That Would Have Ruined My Life
What types of penalties should I expect if I am caught shoplifting in Rochester, NY?
Before I answer this question, I need to make some assumptions.
Assumption #1: This is your first criminal offense.
Assumption #2: Your attorney has negotiated an ACD (Adjournment in Contemplation of Dismissal) on your behalf. What is an ACD?
[For people who are facing a Petit Larceny charge after already having been convicted previously, I can still answer the question, but it would be easier to do so over the phone or in person. Please call the law office at (585) 485-0025 to discuss your case in detail.]
Beginning with those assumptions, I have multiple answers for you:
If you are caught shoplifting at Pittsford Plaza, Marketplace Mall, or other locations in Monroe County: As a condition of your ACD, you will likely have to complete the Stop Shoplifting Program, or perform community service, or both. Your obligation is typically decided through conversations between your attorney and the local prosecutor. Monroe County has a community service coordinator who can set up your service, and who will report back to the Court once you have completed it. Sometimes, if you have a particular charity where you want to volunteer, it can be arranged without the Community Service Coordinator. At least one of the judges in Henrietta Town Court has expressed a preference that community service be performed locally, so if you are a college student leaving for the summer, we need to discuss the logistics of getting that done.
If you are caught shoplifting at Eastview Mall or other Ontario County Locations: ACDs are rarely given in Ontario County, and certainly not without a very good reason. A simple Petit Larceny charge in Victor, NY is often charged as multiple crimes (possession of burglar tools, possession of stolen property, criminal mischief), and each of them needs to be resolved. Plea offers typically involve a lot of community service, counseling, and then a reduction to the non-criminal offense of Disorderly Conduct.
If you are caught shoplifting in Geneseo or other locations in Livingston County: In exchange for an ACD, a person charged with Petit Larceny will likely have to complete community service, although the Stop Shoplifting Program is an option in some courts. Community service is no longer overseen by the Sheriff, so you need to arrange for service at a local not-for-profit. The cemeteries often look for assistance in the spring, Goodwill accepts volunteers, and churches are also an option (but some judges won't let you do it at a church you attend, "No double-dipping," they say).
If you find yourself in a similar situation, please call us at The Militello Law Firm for a free telephone consultation and case evaluation. Our phone number is (585) 485-0025.