From arrest to indictment
New York calls most theft larceny, and the felony versions are grand larceny, graded mainly by value and in some cases by the kind of property involved. A felony complaint filed at arrest is a preliminary charge. To go forward as a felony, the case generally has to be presented to a grand jury, and the charges that come out of that process can differ from the ones in the complaint. The period before indictment is often when the most flexibility exists, including the possibility of resolving the case at a lower level. Decisions made in that window, including whether you testify before the grand jury, deserve careful advice.
Workplace and account cases
Many felony theft cases involve employees, bookkeepers, caregivers, or people with access to someone else's accounts. Before charges, the person is often asked to sit for an interview with an internal investigator or to sign a written statement. Those statements can be used later, so it is usually wise to speak with a lawyer before agreeing to them. Keep your own records of authorizations, reimbursement practices, and anything showing that a transaction was approved. Do not take company files or log into accounts you no longer have permission to use in order to gather proof.
Restitution and planning
Repayment does not erase a theft charge, but whether and how restitution is addressed often affects how a case is resolved. The amount claimed is not always the amount actually lost, and disputes over value or over which transactions are at issue are common. Our early review covers the complaint, the claimed amount, and how the accusing party built its numbers. We also look at immigration, licensing, and employment concerns that a felony disposition could raise. From there we decide whether to focus on the amount, on authorization, or on identity, and how early to engage with the prosecutor.
