Your Rights, Protected by Experience
Theft Cases, particularly shoplifting, now often involve the use of video surveillance. The Rules of Evidence are evolving regarding the use of video and cell phones which are often key pieces of evidence in those cases.
You can always rest assured that your case is our top priority, and that we understand and will apply the law and use of it to your fullest advantage.
Types of Theft Crimes
Theft or property crimes include:
Criminal Trespass, a misdemeanor, simply involves entering or remaining unlawfully, without the intent to commit a separate crime. It is often utilized as a “lesser included” offense.
This involves using another person’s name, bank account information, Social Security number, or other personal information without their permission to steal money or property from them or obtain some other type of benefit, through use of that information such as employment benefits.
Also known as petty theft. This crime is a misdemeanor and involves any money or property taken that is valued under $1,000.
Case Study 1
People v. Anonymous (Tn. Ct., 8/22).
MR. CORLETTA HELPS CLIENT WITH GREEN CARD AVOID IMMIGRATION CONSEQUENCES
Individuals with a “Green Card” are called Lawful Permanent Residents. They are allowed to live and work in the USA, and must renew their status periodically. They re not citizens.
Non-citizens charged with crimes can be faced with Immigration consequences, including possible deportation, based upon the immigration law.
Mr. Corletta assisted a client in avoiding immigration consequences in People v. Anonymous (Tn. Ct., 8/22).
In that case, the client was arrested for Shoplifting, which is classified under Immigration Law as a “Crime Involving Moral Turpitude” (CIMT). Under certain circumstances, removal can occur.
The client is 63 years old and has been in the USA for well over 30 years and has family here. The client has no connection to their home country.
Acting quickly, Mr. Corletta explained the circumstances to the District Attorney and emphasized the client’s longevity in this country and their work record. The District Attorney agreed to an Adjournment in Contemplation of Dismissal (ACD), which involves no criminal conviction, provided the client performs a small amount of Community Service. In this fashion, the client has no criminal conviction, and no possible immigration consequences. The client was extremely relieved.
Case Study 2
People v. M.E. (Henrietta Tn. Ct., 8/22)
MR. CORLETTA ASSISTS YOUNG CLIENT IN ESCAPING FELONY CONVICTION WITH NO PUNISHMENT; ONLY PAYMENT OF RESTITUTION
In People v. M.E. (Henrietta Tn. Ct., 8/22) the client, a retail employee, was charged with Grand Larceny. Prior to retaining Mr. Corletta, the client admitted stealing property during the course of their employment in multiple ways, via phony refunds, markdowns, and outright theft.
The client, again prior to retaining Mr. Corletta, also managed to admit their actions, both verbally and in 2 written statements, the second being a Promissory Note prepared by the employer’s attorney, in which the client admitted wrongdoing and agreed to repay the loss to the company.
After multiple admissions, one would think this was a hopeless situation. However, Mr. Corletta took a detailed history of the client and noted they had no criminal history. The amount of money was relatively small for a Grand Larceny case, and the client was working.
Mr. Corletta approached the District Attorney and proposed a reduction to a Misdemeanor with a Conditional Discharge, with payment of restitution in full during the Conditional Discharge period of one year. The District Attorney agreed, based upon Mr. Corletta’s advocacy.
Therefore, the client was only convicted of a minor Misdemeanor, and had a full year to repay the money.
The client could not have expected a better disposition. The client will have no felony conviction on their record and time to repay the money. The client was quite relieved and impressed with the speed in which Mr. Corletta achieved this result, which also resulted in the client saving thousands of dollars in legal fees.
Thomas A Corletta Attorney at Law
Rochester NY 14614
Monday – Friday
9:00 A.M. – 5:00 P.M.