Theft Offenses

September 18, 2010

New York Shoplifting Arrests (NY PL 165.40 / 155.25) & State Action Hearings: Is it Legal for Store Security to Search You or Take a Statement without Advising You of Your Rights

You were arrested or given a New York Desk Appearance Ticket in Manhattan, Brooklyn, Queens or anywhere else in the New York City region for shoplifting, Petit Larceny or Criminal Possession of Stolen Property (New York Penal Law sections 155.25 and 165.40). You are understandably concerned and upset. You contacted an experienced New York criminal defense lawyer because you are rightfully concerned about how this arrest will impact your future and you want to keep your record clean.

As you and your New York criminal defense attorney discuss the facts of your case you begin to get agitated about how you were treated. You, like many before, are upset that store security stopped, searched, questioned and even asked you to sign documents without answering your questions fully or advising you of your rights. Compounding matters, you felt threatened and compelled to sign these papers they put before you. Store security may have even rummaged through your personal belongings and bags. Is this OK? Were the security officers permitted to act in this manner? What about your rights?

September 6, 2010

New York Penal Law 165.15 – Theft of Services: Potential Punishment & Collateral Consequences

by Jeremy Saland

Make no mistake about it. If you “dine and dash,” leave a Manhattan cab driver high and dry without paying, jump a turnstile in Brooklyn or even use cable without permission, you will be either arrested or issued a NY Desk Appearance Ticket (DAT) for Theft of Services pursuant to New York Penal Law 165.15. If you are a New York City teacher or or any other person using a student or senior MetroCard, you will will face the same charge as well. Assuming you did not have permission to receive the services without paying, the conversation you have regarding Theft of Services (NY PL 165.15) with your New York criminal defense attorney or lawyer will be fairly simple. Not a DNA case, this crime is often summed up as either a misunderstanding between you and the victim or the result of a plainly stupid move on your part. The problem is, regardless of whether you were issued a New York Desk Appearance Ticket or arrested, if you are convicted of Theft of Services you will have a criminal record that will not be expunged or merely go away.

Potential Punishment & Collateral Consequences of Theft of Services (NY Penal Law 165.15)

August 31, 2010

Saland Law PC’s Jeremy Saland Consulted by New York’s Eyewitness News (ABC) Regarding Giuliani Shoplift Arrest

by Jeremy Saland

Caroline Giuliani, the former New City Mayor’s daughter, obtained an adjournment in contemplation of dismissal (ACD) in court earlier today whereby her case will be dismissed and sealed in six months. New York’s Eyewitness News consulted New York criminal defense attorney Jeremy Saland as an “expert” in the arena of New York shoplifting and Petit Larceny (New York Penal Law 155.25) cases.

As noted in the news clip, Mr. Saland indicated that such a disposition is fairly typical where the alleged theft does not exceed $100. However, although it was not mentioned during the broadcast, Mr. Saland further explained that in the event the theft is alleged to have exceeded $100 dollars, the standard offer in Manhattan is often a less forgiving Disorderly Conduct. Furthermore, if the crime involves an alleged theft of $500 to $1000, then the standard offer is at best a “B” misdemeanor of Attempted Petit Larceny.

August 23, 2010

Top White Collar Crime Case Result: New York White Collar Criminal Defense Firm Gets Client Misdemeanor & No Jail After Client Charged with Felony Grand Larceny Embezzlement

by Jeremy Saland

The New York white collar criminal defense attorneys at Saland Law PC are pleased to announce that after months of dedication and advocacy, a client accused of felony Grand Larceny embezzlement obtained a misdemeanor without jail or probation. Prosecutors had alleged that our client embezzled in excess of $25,000.00 by skimming and pocketing transactions from his employer either by overcharging transactions and pocketing the amount or by conducting transactions for cash. If convicted of Grand Larceny in the Third Degree , pursuant to New York Penal Law 155.30, our client faced up to seven years in state prison.

While each case is unique and requires its own legal and practical assessment, Saland Law PC has had tremendous success and results representing clients accused of felony fraud, thefts and embezzlements. In fact, our New York white collar criminal defense lawyers have represented numerous clients accused of “White Collar Light” crimes alleging Grand Larceny, Falsifying Business Records, Forgery or related crimes ranging from less than $10,000.00 to well north of $50,000.00. Even more significant than these crimes, the criminal defense attorneys at Saland Law PC have successfully avoided prosecution and kept clients from jail in more serious White Collar allegations of Tax Fraud and Grand Larceny in the multiple millions of dollars.

August 15, 2010

Didn’t Leave the Store but Arrested For Shoplifting in New York (NY PL 155.25 & 165.40): The Basis for Your Arrest or Desk Appearance Ticket & Your Criminal Defense

by Jeremy Saland

As a New York criminal defense attorney / lawyer and a former Manhattan prosecutor, I have heard both defendants and clients often assert the same defense when they are either arrested or issued a New York Desk Appearance Ticket for shoplifting (New York Penal Law 155.25 or 165.40) in Manhattan, Brooklyn or anywhere else in New York City. This argument usually centers around the fact that when they were arrested or stopped they had yet to leave the store. In other words, individuals charged with shoplifting will argue that their arrest was not merely premature, but baseless.

Criminal cases can essentially be broken down to issues of fact and issues of law. An issue of fact might be whether or not you passed by a cash register, where the items were allegedly concealed or what you said to security or the police when you were stopped. An issue of law is whether or not a complaint drafted against you is facially sufficient or whether that statement you made to the police was taken in violation of your rights. Regardless of the issue, whether it is fact or law, arguments made with prosecutors often follow.

August 4, 2010

Caroline Giuliani Arrested & Issued a Desk Appearance Ticket For Shoplifting: The Law of NY PL 155.25, Possible Scenarios & Your Criminal Defense

by Jeremy Saland

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.

July 30, 2010

DA: Manager of Tarrytown’s Castle on the Hudson Arrested for Grand Larceny Embezzlement in Excess of $400,000

by Jeremy Saland

Westchester County District Attorney Janet Difiore has announced the arrest of Mourad Boulas, a manager at Castle on the Hudson in Tarrytown, for Grand Larceny in the Second Degree (New York Penal Law 155.40). According to the Westchester County District Attorney press release, Mr. Boulas embezzled in excess of $400,000 during a four year period ranging from December 2004 through October 2008. It is alleged that during this time, Mr. Boulas wrote checks to his wife and to companies created by Mr. Boulas for purpose of siphoning money fom Castle on the Hudson.

Although jail is not mandatory for a first time offender, Mr. Boulas faces up to five to fifteen years in state prison. It is likely that prosecutors will seek some amount of state prison.

May 17, 2010

New York Criminal Defense & Grand Larceny Resource Page: Education is a Cornerstone to Any Criminal Defense

by Jeremy Saland

The New York criminal defense attorneys at Saland Law PC are pleased to announce that we recently expanded the New York White Collar Crime section of our website. While each case requires its own analysis and the information on the website and blog should not be used as advice, the New York criminal defense lawyers and former Manhattan prosecutors at Saland Law PC view the detailed New York Grand Larceny section and accompanying blog as a top source for information on New York theft and larceny crimes. Whether you are investigated or arrested in Manhattan for Grand Larceny by Embezzlement, Brooklyn for Grand Larceny by Extortion, Westchester for Grand Larceny of a Credit Card or Debit Card, the Bronx for Grand Larceny of a Vehicle, Queens for Grand Larceny of a Firearm or any other form of Grand Larceny (NY PL 155.30, 155.35, 155.40 or 155.42) in New York, the information contained in these sections are for your review. Certainly one’s best defense to a charge of Grand Larceny is never getting involved in the crime in the first place, but educating one’s self on the law of Grand Larceny so one can understand the nuances, degrees and punishment for the crime is also invaluable.

If you have been accused of or are being investigated for Grand Larceny anywhere in New York City or the metropolitan area, please review the New York Grand Larceny section found under the White Collar Crime topic area of Saland Law PC’s website at new-york-lawyers.org. Additionally, please review NewYorkCriminalLawyerblog.Com and search for Grand Larceny or review the NY Theft Offense, NY White Collar Crime and the NY Fraud Related Offenses sections of the blog. For further information on the types of Grand Larceny cases handled by Saland Law PC and the Grand Larceny results, please review the Case Results section of the website.

May 10, 2010

New York Insurance Fraud, Grand Larceny & Your Criminal Defense: Does the Acquittal of One Charge Require the Acquittal of the Other?

by Jeremy Saland

With the search by New York State to find money to plug the budget gap, prosecutors are continuing to come down hard on New York white collar crimes where restitution or asset forfeiture may be part of a disposition. Two sets of crimes, New York Insurance Fraud (Article 176 of the NY Penal Law and New York Grand Larceny (Article 155 of the NY Penal Law, are two such crimes. In fact, often times when one is investigated, arrested or indicted for Insurance Fraud in New York, the crime of Grand Larceny is an integral part of that investigation, arrest or indictment.

While I will not address the definitions of each of these crimes (extensive information on Grand Larceny in New York and Insurance Fraud in New York can be found through the respective links), an interesting question is as follows: If you are charged with both crimes, but ultimately you are acquitted of one of those crimes, can you still be convicted of the other or is it legally “repugnant” and invalid?

May 1, 2010

Criminal Possession of Stolen Property: New York Penal Law Sections 165.40 Through 165.54: Associated Legal Presumptions & Defenses

by Jeremy Saland

Much like the New York Grand Larceny statutes, Criminal Possession of Stolen Property in New York ranges from a misdemeanor (NY PL 165.40) punishable by up to one year in jail (often associated with New York shoplifting and Desk Appearance Tickets throughout Manhattan, Brooklyn, Queens and the Bronx) to a felony punishable by up to 8 and 1/3 to 25 years in state prison. Before addressing the legal presumptions and defenses set forth in the penal law, I will briefly address each of the varying levels of Criminal Possession of Stolen Property solely as it relates to the value of the property.

Criminal Possession of Stolen Property in Fifth Degree – NY PL 165.40