Brooklyn, NY asked in Criminal Law for New York

Q: I was caught shoplifting but not arrested. I am being charged though. What does that mean?

The police did it arrest me but said that he can still charge me. Will I go to jail?

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2 Lawyer Answers
Steven Warren Smollens
Steven Warren Smollens
Answered
  • New York, NY
  • Licensed in New York

A: If convicted of a crime where incarceration is a proper penalty and you are sentenced to a period of incarceration, yes, you will go to jail. But long before that awful fate falls upon you there is a long legal process, and your rights to a trial and to confronting witnesses and of course to a free attorney if you cannot pay for an attorney.

Daniel Michael Luisi agrees with this answer

Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • BROOKLYN, NY
  • Licensed in New York

A: Did you receive a "desk appearance ticket?" This is the normal procedure where you were not arrested, but charged for a crime after an encounter with the police. It is the most common method of processing a shoplifting case. A Desk Appearance Ticket will indicate that you are to report to a specific criminal court at a specific date and time. You absolutely should retain either a private attorney, or a public defender at no cost, prior to the court date. Failure to appear at the criminal court designated on the Desk Appearance Ticket will result in the judge issuing a warrant for your arrest: this is known as a "bench warrant." Wherever the police find you, they will arrest you right there, cuff you, and bring you to the police station to go through the normal booking process. This would obviously be very embarrassing, especially if you are with friends or family at that moment.

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