Although few people ever accidentally shoplift from a store, it can happen if you’re in a hurry and absentmindedly head for a store exit before paying for what you’ve picked up. Should that occur, a store security guard will try to stop you and escort you to one of the store’s back rooms for a private conversation.
More often, shoplifting charges result from difficult situations, and poor, impulsive decisions that people instantly regret.
If you made a mistake, and were arrested for shoplifting, I know you feel terrible.
If you have received a notice of a clerk’s hearing on a shoplifting charge, or been arrested, call me and I’ll let you know how we can help you.
Here are some of the most common scenarios that can lead to an arrest for shoplifting in Massachusetts. Remember: Surveillance video cameras are always monitoring your behavior.
Honest Shoppers Must Avoid the Following Activities
- No one is allowed to intentionally take possession of store merchandise, carry it away – or transfer it away — from the premises with the intent of depriving the retail merchant of the goods without paying for them;
- A shopper is never allowed to remove merchandise from a store without paying for it by concealing or hiding it on his or her person;
- You can be convicted of shoplifting if you intentionally remove or alter a price tag and then give the item to someone else to purchase – or personally purchase it based on a tag that indicates a price below what was previously indicated — prior to your alteration of the original price tag amount;
- You are likely to face a conviction if you help to transfer merchandise “displayed, held, stored or offered for sale by any store or other retail mercantile establishment from [its] container” so as to prevent the merchant from receiving the proper amount for the goods;
- Someone who intentionally “records a value for merchandise which is less than the actual retail value with the intention of depriving the merchant of the full retail value” of it can be convicted of shoplifting; and
- You can be prosecuted for shoplifting if you intentionally remove “a shopping cart from the premises of a store . . . without the consent of the merchant . . . [thereby denying the merchant of the lawful] use or benefit of such cart . . .”
Fighting the Case & Possible Fines and Imprisonment for Shoplifting
As your Massachusetts defense attorney will tell you, if you’re convicted of shoplifting — depending upon the value of the items stolen – the court can demand that you pay a fine ranging from $250 to $1,000. In addition to looking at the value of the stolen items, courts also base fines and imprisonment on whether or not it’s your first or later conviction for the same type of offense.
Got a quick question?
Click to Shoot us a text. Our attorneys monitor this regularly.
Periods of imprisonment, particularly for repeat offenders, can extend for as long as two and a half (2 ½) years. Both fines and imprisonment can be imposed for the same incident.
Any jail is extremely rare in shoplifting cases. More often, you will face probation, and a continuance without a finding. It’s not so bad, and you will get through it.
But we will also try to get the the charges voided at a clerk magistrate’s hearing, which is a real possibility, and always a good option.
If the case is dropped at a clerk’s hearing, you won’t have any record.
Keep in mind, law enforcement officers can arrest any person in Massachusetts without a warrant if they have probable cause for believing the individual “committed the offense of shoplifting as defined [above].” Such probable cause can be based solely on the “statement of a merchant or his employee” that you committed shoplifting as defined under the law.
If you’ve been arrested or accused of committing any serious crime, you can contact the Law Offices of Massachusetts criminal defense attorney Russell J. Matson — 24 hours a day — to obtain the criminal defense representation you need: (781) 380-7730.