Shoplifting in Massachusetts can result in severe repercussions. You may be subjected to fines, probation, and potentially incarceration. Nevertheless, in numerous instances, there is the possibility to negotiate a resolution that mitigates these consequences.
Table of Contents
Recent Victories
The client, a 20-year-old college student, was caught by loss prevention for stealing over $500 of makeup. Also, this happened at a well-known department store. Then the client admitted to stealing the makeup. And, the client also told loss prevention and the police that she did it before. Attorney Donovan negotiated a pretrial diversion. The case was dismissed. The incident will not go on her record.
The client was alleged to have stolen clothes. It happened at a national department store. She was summonsed to an arraignment. Attorney Donovan negotiated with the prosecutor to dismiss the case for $100 in court costs.
What are the Massachusetts Shoplifting Laws?
Massachusetts General Law chapter 266 section 30a .
- any person who intentionally takes possession of, carries away, transfers or causes to be carried away or transferred
- any merchandise displayed, held, stored or offered for sale by any store or other retail merchant establishment
- with the intention of depriving the merchant of the possession, use of benefit of such merchandise or converting the same to the use of such person
- without paying to the merchant the value of
Shoplifting FAQs
What should I do if I’m caught shoplifting?
The first thing is to remain calm and remain silent.
What is the Penalty for Shoplifting in Massachusetts?
Where the goods are under $100 a First offense shall be punished by a fine of not more than $250. The second offense of not less than $100 nor more than $500. Third or subsequent offense up to two years in jail
Where the goods are $100 or more the penalty may be a fine of not more than $1000 or in prison in the house of correction for not more than 2 1/2 years or both.
Do I need a lawyer if I’ve been accused of shoplifting?
It is your decision to handle your shoplifting case in MA with a criminal defense attorney. A criminal defense attorney can be negoitate
What happens if I ignore a civil demand letter?**
If you ignore a civil demand then the attorney sending it will have to file suit. In order to file suit, the moving party the attorney who sent the letter will have to draft a civil complaint, serve it on you and file it with the court.
How long does a Massachusetts shoplifting case typically take to resolve?
Many different aspects impact the length of a criminal case.
Can I be banned from the store where I was accused of shoplifting?
You can be trespassed from a store for any reason including shoplifting. In addition to a trespass issued by the store a judge can ban from the store.
What are my rights during questioning by store security?
Loss prevention employees are not police officers and because of that they do not need give you Miranda warnings. Therefore anything you say to them could be admissible in court. You should not say anything to the loss prevention employees.
Should I make a statement if accused of shoplifting?
Never speak if you are accused of any crime. Statements made can be used against you in court.
Can surveillance footage be used as evidence?
Any relevant evidence can be used in a criminal case including security videos.
Will I have to appear in court if charged with shoplifting?
If you are given a summons to appear in court you will have to appear in court.
Can I be arrested for Shoplifting in MA?
Law enforcement officers may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section.
How can a criminal defense attorney help me with my case?
A Massachusetts Criminal Defense Attorney can help you with your criminal case. A lawyer can use his knowledge of the crimil a
Shoplifting by Concealment of Merchandise
Massachusetts General Law chapter 266 section 30s
- any person who intentionally conceals upon his person or otherwise
- any merchandise offered for sale by any store or other retail establishment
- with the intention of depriving the merchant of the proceeds, use or benefit of such merchandise or converting the same to the use of such person
- without paying the merchant the value of
What is the Penalty for Shoplifting by Concealment of Merchandise in Massachusetts?
Where the goods are under $100 the penalty for a first offense is a fine of not more than $250 for the second offense a fine of $500 and for a third offense a fine of not more than $500 or jail for up to two years
Where the goods exceed $100 the punishment shall be a fine of not more than $1000 or imprisonment in the house of correction for not more than 2 1/2 years
By Altering or Removing Label or Tags in Attempting to Purchase
Massachusetts general law chapter 266 section 30A
- any person who intentionally alters, transfers or removes any label, price tag or marking of value or any other marking that aid in the determining of value
- the fixed to any merchandise displayed, held, stored, or offered for sale by any store or other reach retail establishment
- and to attempt to purchase such merchandise personally or with another at less than full retail value
- with the intention of depriving the merchant of all or some part of the retail value
Where the goods are under $100 the penalty is a fine of not more than $250. Then for a second offense, the penalty is a fine of not more than $500. Finally, for a third or subsequent offense, the penalty is a fine of not more than $500 or imprisonment in jail for not more than two years.
Where the goods are valued at over $100 the penalty may be a fine of not more than $1000. or imprisonment in the house of correction for not more than 2 1/2 years or both.
Massachusetts general law chapter 266 section 30a
By Transferring Merchandise into Different Container
- any person who intentionally transfers any merchandise displayed, held, stored or offered for sale by any store or retail establishment;
- Or, from the container in or on which the same shall be displayed to any other container
- with the intent to deprive the merchant of all or some part of the retail value
Where the goods are under $100 the penalty is a fine of not more than $250. Then for a second offense a fine of not less than $100 and not more than $500. Finally, for third offense jail for not more than two years and fine
Where the goods exceed $100 the punishment shall be a fine of not more than $1000 or imprisonment house of correction for not more than 2 1/2 years or both.
Massachusetts Shoplifting Attorney
Massachusetts Attorney Patrick Donovan is a former prosecutor. As an Assistant District Attorney Patrick Donovan prosecuted many criminal cases. As a Massachusetts attorney Patrick Donovan uses that experience to help each of his clients. Attorney Donovan has represented clients in over fifty courts in Massachusetts. Massachusetts Defense attorney, Patrick Donovan fights for the best result for people charged with all shoplifting.
If you or someone you know has been charged with shoplifting contact Massachusetts Shoplifting Attorney Patrick Donovan at (617) 479-1800.
