Natick, Massachusetts and Framingham, Massachusetts comprise one of the largest retail shopping districts in New England, occupying over 3 square miles. This district is home to the Natick Collection Mall, the Framingham Mall and Shoppers World.
During back to school and the holidays, people flood to this area for the array of stores, including many department stores like Target, Macy’s and Nordstroms.
If you find yourself in the unlucky circumstance of being charged with shoplifting, the Framingham Shoplifting Attorneys at Rightful Legal are here to assist. This is an unfortunate event, but one we have had positive results helping our clients get out of without a criminal charge on their record.
In Massachusetts, shoplifting is defined by Massachusetts General Law, c. 266 s. 30A. This law states that an individual who intentionally takes possession of merchandise without paying, or alters labels, moves items into different containers, conceals them, or removes a shopping cart, is guilty of shoplifting. The intent behind these actions is key to proving shoplifting under this legal definition.
The severity of a shoplifting charge in Massachusetts hinges largely on the value of the stolen goods. If the value is less than $1,200, the offense is typically considered a misdemeanor. However, if the value exceeds $1,200, the charge is escalated to a felony under larceny laws. This difference not only affects the immediate penalties but also has long-term implications on the individual’s criminal record.
Defenses against shoplifting charges can vary widely but might include proving:
In some cases, proving that the accused had paid for the merchandise or intended to pay can also be a valid defense. Legal representation is crucial in formulating an appropriate defense and strategy for your Massachusetts shoplifting case, and our Natick Shoplifting Attorneys at Rightful Legal have had great success at winning shoplifting cases.
Penalties Based on the Value of Stolen Goods
In Massachusetts, shoplifting penalties are primarily determined by the monetary value of the stolen items:
Items valued at under $250:
Items valued over $250:
Additional Consequences for Repeat Offenders
Repeat offenders face harsher penalties, reflecting the state’s push towards deterring persistent shoplifting activities. Enhanced penalties include increased fines and potential jail time.
Implications for non-U.S. Citizens
For non-U.S. citizens, a shoplifting charge can have serious immigration consequences, such as affecting visa statuses, deportation risks, and barriers to naturalization. It is crucial for non-U.S. citizens to seek the competent counsel of a Framingham Shoplifting Attorney and an Immigration Attorney to navigate these additional complexities.
Clerk Magistrate Hearing
If you are accused of shoplifting in Massachusetts, the legal process may start with a Clerk Magistrate Hearing. This preliminary step is used to determine whether there is enough evidence to issue a formal criminal complaint. During this hearing, evidence such as video surveillance and witness testimony may be presented. Although less formal than a trial, it is crucial to approach this hearing prepared, as the decision here affects whether the case progresses to arraignment.
Tracy Paulsen and the Massachusetts Shoplifting Attorneys at Rightful Legal have successfully handled numerous cases at this level, whereby the Clerk Magistrate finds in favor of the defendant, and does not issue the complaint. This is a significant win, whereby there is no mark on your criminal record.
Arraignment
If a formal complaint is issued following a Clerk Magistrate Hearing, the next step in the legal process is arraignment. At the arraignment, the accused will formally hear the charges and is expected to enter a plea. It is a critical juncture where the defendant can plead guilty, not guilty, or no contest. Decisions made at this stage can have long-lasting repercussions on the course and outcome of the case, emphasizing the importance of having sound legal representation.
If the case proceeds to this juncture, there are many legal defenses and strategies that our shoplifting attorneys will employ which may result in a dismissal of the charges or a not-guilty.
Under Massachusetts law, the penalties for shoplifting can be severe, varying with the value of the stolen items. Whether you are a first-time offender or facing more serious allegations, having a knowledgeable attorney can make a significant difference in the outcome of your case.
Our Framingham and Natick Shoplifting Attorneys at Rightful Legal have had strong success with winning these cases at the preliminary stages, and helping our clients be free from stress and the burden of a criminal mark on their record.
Contact us Today by Calling or Texting 617-821-5856 or Telling Us Your Story Here.