In New York City, district attorneys are providing retailers with a strategy to address repeat shoplifting offenses, which involves issuing trespass notices that could escalate charges from misdemeanors to felonies. According to Gothamist, this tactic is part of an effort to tighten enforcement under the current bail reforms, which made it so that many low-level crimes like shoplifting would not be bail-eligible.
The Manhattan District Attorney's office has trained over 200 business representatives on this approach, with Deputy Chief of the Trial Division Andrew Warshawer explaining how a formally served trespass notice can elevate shoplifting to a felony burglary charge. As Warshawer said in a statement obtained by Fox 5 New York, "Should you misbehave in a location, the person who owns that location has the right to tell you not to come back. The Trespass Notice form documents that." However, if the individual who has been given a trespass notice returns and commits theft again, the repercussions are significantly more severe.
In partnership with NYPD, the Manhattan DA's office has informed businesses of this resource through borough-wide trainings involving major retailers like Macy's and Duane Reade. According to a report by Fox 5 New York, the initiative is viewed as a critical instrument in combating recidivism in retail theft, particularly in areas like Madison Avenue, known for its upscale retail establishments.
There appears to be varied awareness and enthusiasm for the program across the city's boroughs. In Queens, supermarket representatives have reported some police officers' unfamiliarity with the trespass notice, while in Manhattan, the police are actively involved in the trainings. "We work with the commanding officer to ensure that the neighborhood coordination officers that cover the small or large businesses in that community are also at the meeting," Estelle Strykers-Santiago, executive director of Community Partnerships Unit, told Fox 5 New York. This coordination aims at ensuring everyone is on the same page regarding the serving of notices and reducing retail theft.
Critics of the measure argue that it may unfairly target the city’s most vulnerable populations, effectively criminalizing poverty. Legal defenders have voiced their concerns, saying that these actions bypass state reforms designed to prevent incarceration due to the inability to afford bail. Queens Defenders attorney Gina Mitchell expressed to Gothamist, "We had a client charged with five burglaries from Duane Reade, all with food items. These types of policies are subverting the purpose of the bail law and it's funneling vulnerable people directly into Rikers."
