Woodbury Commons Desk Appearance Ticket for Shoplifting (Penal Law Section 155.25)
Woodbury Commons is a popular outlet mall and shopping destination for
tourists and locals alike. The designer clothing and other luxury items
on sale there make it an easy place for shoppers to give in to temptation.
Unfortunately, many of those people make the mistake of attempting to
steal items, and suddenly find themselves confronted by the frightening
prospect of a criminal prosecution.
People without criminal records caught shoplifting at a store at Woodbury
Commons most typically receive Desk Appearance Tickets directing them
to appear in the court at the Woodbury Justice Court which is located
on 511 NY-32, Highland Mills, New York, on a later date. Shoplifters are
usually caught by store security and then held until the police can arrive
to effectuate an arrest. While waiting for police to arrive, store security
guards might question a shoplifter or search through their purse or pockets.
Many people complain that these searches and interrogations violate their
constitutional rights, but the U.S. Constitution actually does not protect
you from searches by private store security guards – it only protects
you from law enforcement officers – and a store security guard does
not have to read you your Miranda rights, either. So if store security
finds other stolen items or contraband such as drugs on the person of
a shoplifter, that could also result in additional criminal charges. Moreover,
if you confess to stealing to a store security guard, or sign a document
admitting what you have done, that document can be used against you by
police and the government in a later criminal proceeding.
Additionally, store security guards are likely to give a shoplifter a trespass
notice telling them that they are no longer permitted to enter their store,
and they may even demand a civil settlement at the time of the arrest
or later via a civil demand letter. The store certainly has the right
to issue the trespass notice and pursue a civil claim against a shoplifter;
if you have received such a civil demand, we recommend that you retain
an attorney to discuss your options.
Arrests for shoplifting can have extremely serious consequences for non-citizens
(especially those seeking U.S. visas or green cards), financial sector
professionals, and teachers, among others. If you are such a person facing
a shoplifting charge,
Galluzzo & Arnone can help you navigate the unique challenges of this
situation, as we have extensive experience representing criminal defendants
in all three categories.
It should also be noted that theft of over $1000.00 worth of merchandise
warrants a higher felony charge of Grand Larceny in the Fourth Degree
(PL 155.30). An arrest for this charge does not typically result in a
Desk Appearance Ticket, and the resultant procedure and outcome is usually
very different from a regular shoplifting case.
Though past results do not guarantee future outcomes, our attorneys have
been successful on many occasions in negotiating favorable plea bargains
that have allowed our clients accused of shoplifting at Woodbury Commons
to emerge from the ordeal without any criminal records or jail time. Depending
on the value of the stolen property, it may be possible to negotiate an
adjournment in contemplation of dismissal (“ACD”) or disorderly
conduct violation (PL 240.20), neither of which is a criminal conviction
that gives one a criminal record. Typically, the shoplifter has to complete
a shoplifting rehabilitation course online, or perform community service,
in order to secure this disposition. Court surcharges may also be necessary
to make this deal with the prosecution.
Many of our clients have been foreigners unable to attend the court date
itself. Depending on the circumstances, you may be able to give authorization
to an attorney via affidavit to appear in your stead. The attorneys at
Galluzzo & Arnone have appeared via affidavit for a number of foreign
clients accused of shoplifting at Woodbury Commons, and they have greatly
appreciated the fact that they were able to avoid spending the time and
money to travel back to the United States to make their court appearance.
Contact Galluzzo & Arnone to see whether they may be able to save
you a trip back to the United States.