New York Misdemeanor Defense – When Petit Larceny Triggers ICE Detention

Petit larceny under NY Penal Law § 155.25 is a Class A misdemeanor for stealing property worth less than $1,000. For citizens, it means up to a year on Rikers. For green card holders, it triggers removal proceedings because theft is a “crime involving moral turpitude” under 8 U.S.C. § 1227(a)(2)(A)(i). ICE detainers arrive within 48 hours of arrest. By the time you’re released on a Desk Appearance Ticket, immigration authorities already know. That shoplifting charge from Duane Reade just became deportation to a country you haven’t seen in decades.

The CPL § 30.30 speedy trial clock gives prosecutors 60 days for Class B misdemeanors and 90 days for Class A misdemeanors to announce ready for trial. In Manhattan Criminal Court, prosecutors routinely blow these deadlines because they’re handling 400+ cases each. Your attorney files a 30.30 motion, and the case gets dismissed. But most defendants don’t know this deadline exists. They take ACDs or plead guilty to violations, not realizing the People’s time already expired. Meanwhile, Brooklyn prosecutors file off-calendar statements of readiness to stop the clock, even when they’re not actually ready.

Professional License Annihilation from “Minor” Charges

New York Education Law § 6509 requires automatic reporting of any criminal conviction to professional licensing boards. A nurse convicted of disorderly conduct – a violation, not even a misdemeanor – faces suspension proceedings before the Board of Nursing. Teachers lose certifications over marijuana violations that aren’t even crimes anymore. Lawyers face disciplinary proceedings for any misdemeanor involving “moral turpitude” or dishonesty.

The reporting is automatic through DCJS fingerprint matches. You can’t hide it. You can’t explain context. The board gets notice of conviction, not circumstances. That bar fight becomes “assault” on your nursing license review. That fare beating becomes “theft” to the teaching certification board. Careers ending over $2.90.

Borough Prosecution Differences – Five Cities, Five Systems

Manhattan (Alvin Bragg): Day One memo – won’t prosecute marijuana, turnstile jumping, trespass, obstruct governmental administration. Petit larceny gets diverted unless commercial victim demands prosecution. Progressive policies mean most misdemeanors get declined or ACD offers.

Brooklyn (Eric Gonzalez): “Justice 2020” initiative emphasizes alternatives to incarceration but still prosecutes quality-of-life crimes. Focuses on diversion programs, but you must qualify and complete them.

Bronx (Darcel Clark): Decline-to-prosecute lists shorter than Manhattan. Still pursuing fare evasion, minor drug possession. Misdemeanor trials happen here, unlike Manhattan.

Queens (Melinda Katz): Traditional prosecution approach. No blanket declination policies. Misdemeanors prosecuted based on individual assessment. Tougher on property crimes.

Staten Island (Michael McMahon): Prosecutes everything. No declination policies. Misdemeanor marijuana possession still charged despite state decriminalization. Maximum sentences requested regularly.

The DAT Disaster Pipeline

Desk Appearance Tickets seem like freedom – you’re released with a court date instead of going through arraignment. But DATs create a trap. Miss that appearance date, even accidentally, and you get charged with bail jumping under PL § 215.55 – another Class A misdemeanor. Now you have two criminal cases from one incident.

The court date on your DAT is often wrong. Court clerks change dates without notice. Online systems show different dates than paper tickets. You show up on your DAT date to find you have a warrant from missing the “real” date last week. The bail jumping charge often survives even when the underlying charge gets dismissed.

ACD – The False Dismissal

Adjournment in Contemplation of Dismissal under CPL § 170.55 sounds like case dismissal. It’s not. For six months (or a year for marijuana/domestic violence), you’re on informal probation. Any new arrest – even a violation – triggers restoration of the original case. The prosecutor can restore it for “good cause” even without new arrest.

During those six months, you can’t seal the case. Employment background checks show open criminal case. Immigration sees pending charges. Professional licensing boards treat it as admission of guilt. You think you’re free but you’re actually in limbo, one police interaction away from prosecution resuming.

Sealing Limitations Nobody Explains

CPL § 160.59 allows sealing of up to two misdemeanor convictions after ten years. But there are devastating exceptions:

• Any new arrest resets the ten-year clock
• Sex offenses never eligible
• DWI never eligible
• Violations don’t count toward the two-conviction limit but do show on background checks

You get two misdemeanors in your entire life for sealing eligibility. That third misdemeanor – even 30 years later – means nothing ever gets sealed. Your entire criminal history remains visible forever. One mistake over the two-limit destroys any chance of clearing your record.

Bail Reform’s Unintended Consequences

January 2020 bail reform eliminated cash bail for most misdemeanors. Sounds good – no Rikers for minor charges. Reality: prosecutors now overcharge felonies to get bail-eligible charges. That misdemeanor assault becomes felony strangulation. Petit larceny becomes grand larceny by inflating property value. You face worse charges because prosecutors lost their leverage.

For misdemeanors still eligible for bail (domestic violence, sex offenses, witness intimidation), judges set higher amounts to compensate for others being released. Pre-reform: $1,000 bail. Post-reform: $10,000 for the same charge. The system adapted to maintain detention power.

Immigration Consequences from “Minor” Crimes

Any misdemeanor conviction triggers immigration review for non-citizens:

• Petit larceny: Crime involving moral turpitude (CIMT), deportable
• Assault: CIMT if injury occurred, domestic violence = automatic deportation
• Drug possession: Any controlled substance = inadmissible and deportable
• Prostitution-related: CIMT, bars citizenship forever
• Two CIMTs: Deportable regardless of sentence

Green card holders think they’re safe. They’re not. Lawful permanent residents get deported for misdemeanors daily. That plea deal avoiding jail means ICE detention and removal proceedings. Criminal court judges don’t warn about immigration consequences beyond required Padilla warnings.

Public Housing Permanent Bans

NYCHA has “zero tolerance” for drug and violent misdemeanors. Conviction triggers:

• Permanent exclusion from NYCHA property
• Family must choose: evict you or lose apartment
• Trespass arrests if you return, even to visit family
• No statute of limitations – ban is lifetime

That simple assault from a bar fight means you can never visit your mother in public housing. Marijuana conviction (even though it’s legal now) creates permanent ban. Families destroyed over misdemeanors that don’t even require jail.

Call Now – The 30.30 Clock Is Ticking

212-300-5196

If you were arrested 45 days ago, prosecutors have 15-45 days left to announce ready or your case gets dismissed. Every court appearance where they’re not ready is excludable time, but only if properly documented. Miss one court date, even with an excuse, and you’ve waived speedy trial rights.

Professional licensing boards conduct “moral character” reviews quarterly. If convicted before the next review, automatic suspension proceedings begin. Healthcare workers can’t practice during review – income stops immediately. Teachers get reassigned to rubber rooms. Lawyers face interim suspensions.

Immigration detention happens at arraignment for certain misdemeanors. ICE sits in NYC courtrooms with lists of non-citizens. That DAT you’re ignoring triggers a warrant that shows up at citizenship interviews, visa renewals, or airport entries years later.

Your misdemeanor isn’t minor – it’s a career-ender, deportation trigger, or housing ban depending on your situation. The borough you’re arrested in determines whether it gets dismissed or prosecuted aggressively. Every day you wait, the 30.30 clock ticks toward either dismissal or trial readiness. Call 212-300-5196 before New York’s hidden misdemeanor consequences destroy your entire life.