What Exactly Is "Shoplifting"?

When people think about t shoplifting, they might picture  a person hiding goods in his or her clothes and then leaving the store without paying. While this is definitely a typical  shoplifting scenario, it's not the only one.
Scenarios where people get arrested for shoplifting, may include

• Placing merchandise in a "booster bag" (a bag lined with aluminum foil, designed to conceal detection of merchandise from electronic security monitors)
• Removing Sensormatic and other anti-theft tags from store's  merchandise
• Concealment, concealing merchandise on the way out of the store with it
• Tag switching:
• Coordinating theft with a store worker who doesn't ring up all the merchandise
• Group shoplifting where, one member of the group creates a distraction that provides another member with the opportunity to shoplift

Shoplifting supposedly costs retailers tens of billions of dollars per year in the United States. This is one reason why shoplifting charges are prosecuted firmly seriously by the courts. Penalties for conviction can vary depending on yourrecord, the type of  charge, and the value of goods allegedly stolen. However, with a skilled shoplifting defense lawyer on your side, there is hope to successfully resolve your legal matter.

Clarence Town Court

In our series highlighting local criminal courts, we focus on Clarnece Town Court The Clarnece  Town Court has jurisdiction over both civil and criminal cases originating within the Town of Clarnece  . In the category of criminal law, the Claernce  Town Court part hears misdemeanors and pre-indictment felonies, including drug possession, unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI, criminal possession of a weapon, assault, and other cases.

Clarnece  Town Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.

What is IDV Court?

First established in 2003, IDV Courts are made  for a single judge to preside over multiple cases between family members, where the main or prevalent  issue is alleged domestic violence between the parties.
For example, a wife and husband have a marital fight, the police are called. In short order, the spouses might accumulate one or more criminal proceedings in a local criminal Court, one or more family offense cases in Family Court, and a divorce proceeding in Supreme Court. In the past, different judges would have been assigned to  each of those proceedings, requiring court appearances in three different courthouses, sometimes resulting in conflicting decisions between the various judges. Now, one judge presides over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had their legal matters resolved in IDV Courts. That number will continue to grow.  IDV Courts look like they will be around for a while.

DWI Suspension Pending Prosecution

At your arraignment for DWI, the Court may  suspend your license or privilege to drive in New York State pending prosecution for the charges, if there is evidence you were driving with a blood alcohol content (BAC) of .08% or higher. You are eligible to apply for a Conditional License after 30 days of Suspension Pending Prosecution.
Under certain circumstances the Judge may suspend your license or driving privileges as a matter of discretion pursuant to New York State Vehicle and Traffic Law Section 510.3. In this case, you are not eligible for a conditional license.

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Buffalo Area Probation Violation Lawyer

If you have pleaded guilty to a crime or have been convicted after a trial in the Buffalo area,. and your punishment is not  imprisonment or jail, it will most likely be probation

 Although there are many requirements and rules to follow, you are  at liberty. Hiring an experienced Buffalo area  probation attorney is you next step.

When a you are sentenced to  probation, the requirements and rules you must abide by are strictly enforced. You must comply with each term of probation even if it is difficult.  Some  might be that you report to your probation officer at certain times, you abide by a  curfew and that you do not get re-arrested.

 Failure to stick  to these requirements may result in a violation of probation being filed against you. That, could possibly result in a term of imprisonment – something you  avoided when you were sentenced to probation instead of jail. Additionally, the original crime that you pleaded to and received the more lenient sentence of probation could be reinstated.

If you violate your terms of probation it is imperative to retain skilled Buffalo Area criminal defense lawyer immediately. An experienced criminal defense and probation violation attorney in The Buffalo Area, may be able to work out a deal  with the court and the prosecutor where you remain free and your livelihood and liberty  is kept intact.
Contact the Law Offices of J John Sebastian Attorney at Law today if you think you have violated terms of your probation.

Buffalo Area Stalking Defense Attorney

In Western New york, the various Offices of the District Attorney take Stalking charges very seriously.
There are four different types of Stalking ranging from Misdemeanor charges to 2 Felony charges. The first Misdemeanor Stalking charge is Stalking in the fourth degree, which is a B Misdemeanor, and the highest is Stalking in the first degree, which is a class D Felony. The basic concept of Stalking is that the accused  places the victim in fear for her safety by showing up or following or initiating contact through some type of communication or starting another type of communication after the victim has requested for all communication toend.
After the Alleged stalker  is told to stop this conduct, the law uses a "reasonable person" standard to determine whether any further contact would place a person in fear for his safety. If the answer is "yes," (a reasonable person would be in fear) than the Stalking Law has been violated.
Any Buffalo area Stalking attorney will tell you the Offices of the District Attorney in Erie County are more sensitive to Stalking cases because they have potential to lead to more serious crimes and more serious criminal charges. Stalking cases have turned into assault, sex crimes, rapes, kidnapping, robbery and even murder. That's why the Courts, after an arrest on a Stalking charge, generally issue an Order of Protection. The purpose is to stop all contact and communication between parties and  by stopping the contact, it stops the criminal behavior from escalating to one of the more serious crimes. Defending Stalking cases focuses the defense on the mind set of the parties. Was it reasonable for the alleged victim to fear for his or her safety and well-being? Was there a legitimate purpose for the alleged perpetrator to be interacting with the alleged victim? Remember the legal standard is that the District Attorney has to prove guilt is beyond a reasonable doubt. The burden of proof is on the District Attorney not the Buffalo Area Stalking Defense Attorney. Very often these cases do not involve witnesses. Therefore, the Stalking case is a "he said, she said' and the case will be a battle of credibility between the parties.

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Buffalo Club Drugs & the Law

“Club drugs” are known as the main drugs that are found in late-night Buffalo area clubs and bars.  These powerful drugs contain mixtures of chemicals that are unregulated by the government and therefore lack  quality.  These drugs can lead to  overdoses, or even death.  Legally speaking, drugs such as LSD, MDMA (ecstasy), GHB, Ketamine (Special K), Rohypnol (Rophies), and Methamphetamine (speed), all carry grave consequences if you are arrested for possessing or selling them.

I just have a few pills—that can’t get me into trouble!
Think again.  Just possessing one tablet of speed or special K or ectasy can get you charged with Criminal Possession of a Controlled Substance, a misdemeanor that can land you in jail.  Even trying to sell or trade a single tablet of ecstasy could get you  a felony.  Possession of club drugs can cost you thousands in court fines and years in jail time—they are very  serious.

I think I might have a drug addiction—what should  I do?
Club drugs can be very addicting.  If you are arrested for possession of one of the many club drugs, there might be an option of attending a drug  court.  This option may only be available for first-time offenders and those possessing only a small quantitiesof the drug.  It is important to work with a criminal defense lawyer that can help determine whether you would be eligible for this alternative.

Do I really need to get a lawyer?
Yes, absolutely!  Whether you plan on pleading guilty or taking it all the way to trial, an experienced criminal defense lawyer can help advise you of your rights.

As with any arrest, having experienced legal representation can make a huge difference as to  your sentence is and whether you even need to go to trial.  .

Need help?  Have questions?  Call J John Sebastian Attorney at Law today.
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