Can Shoplifting Charges Be Dropped Before Arraignment in Massachusetts?

Yes, some Massachusetts shoplifting cases can end before arraignment, particularly when a criminal complaint has not yet issued. For example, a person who receives a Clerk Magistrate’s Hearing may have an opportunity to oppose the issuance of the complaint before the case becomes a formal criminal prosecution.

However, this does not happen in every shoplifting case. Whether there is an opportunity to address the case before arraignment depends on how the accusation began, whether you were arrested, whether a complaint has already issued, and the specific circumstances of the case.

How Can a Shoplifting Case End Before Arraignment?

Under Massachusetts General Laws Chapter 218, Section 35A, a person who was not arrested may, in qualifying cases, be given an opportunity to oppose the issuance of a criminal complaint.

This is commonly called a Clerk Magistrate’s Hearing or Show Cause Hearing.

At the hearing, the clerk magistrate considers whether there is probable cause to issue criminal process. If the clerk determines that there is no probable cause, the complaint should not issue. Depending on the circumstances, a matter may also be handled in another way that prevents it from immediately proceeding to arraignment.

You can review the governing Massachusetts law in Massachusetts General Laws Chapter 218, Section 35A.

Does Every Shoplifting Case Get a Clerk Magistrate’s Hearing?

No. A Clerk Magistrate’s Hearing is not automatically available in every shoplifting case.

For misdemeanor complaints, a person who was not arrested generally has an opportunity to be heard before criminal process issues, subject to statutory exceptions. Different rules can apply to felony complaints, and a hearing may not be available when there is an imminent threat of bodily injury, another crime, or flight from Massachusetts.

How the police and court initiated the case also matters. Our FAQ about whether you are entitled to a Clerk’s Hearing explains this process in more detail.

Can the Store Drop a Shoplifting Charge?

A store cannot necessarily make a criminal case disappear once police or the court are involved.

A merchant’s position may be relevant, but the decision whether a criminal complaint issues or a pending case continues is not controlled solely by the store. Returning merchandise, paying for an item, or obtaining the store’s agreement not to pursue the matter does not automatically dismiss a criminal case.

Be cautious about contacting the store to explain what happened or signing a statement without considering whether what you say could later be used as evidence.

What If a Criminal Complaint Has Already Issued?

If a complaint has already issued and you have been given an arraignment date, the case is in a different procedural stage. You should not assume that the charge will disappear simply because this is a first offense or the merchandise was recovered.

There may still be ways to defend or resolve the case, but the opportunity to prevent the complaint from issuing has already passed.

Can an Attorney Help Before Arraignment?

Potentially. If you received a Clerk Magistrate’s Hearing notice, an attorney can review the accusation, available evidence, prior record, and circumstances before the hearing. Depending on the case, counsel may also present arguments or evidence concerning whether a criminal complaint should issue.

Acting before arraignment can be particularly important when a pre-complaint hearing is available because the procedural options may change once a criminal complaint has issued.

Get Help With a Massachusetts Shoplifting Case

The Law Offices of Elliot Savitz & Scott Bradley represent people accused of shoplifting and other criminal offenses throughout Massachusetts. If you received a shoplifting summons, Clerk Magistrate’s Hearing notice, or arraignment date, contact us today to discuss where your case stands and what options may be available.

This FAQ provides general information about Massachusetts law and is not legal advice. Reading it does not create an attorney-client relationship. Available procedures and outcomes depend on the facts and procedural status of each case.