How to Choose a Shoplifting Attorney in Massachusetts

If you have been accused of shoplifting in Massachusetts, choosing an attorney can feel like another difficult decision at an already stressful time. You may be wondering how serious the charge is, whether you will have to appear in court, whether the case could affect your record, and what kind of attorney you actually need.

The right attorney should do more than simply appear in court. A shoplifting defense may involve reviewing store surveillance, receipts, self-checkout records, loss-prevention reports, witness statements, the alleged value of the merchandise, and whether the Commonwealth can prove the intent required by Massachusetts law.

Before hiring an attorney, it helps to know what questions to ask and what experience may be important in a Massachusetts shoplifting case.

Look for Experience With Massachusetts Criminal Defense

Shoplifting is a criminal offense under Massachusetts General Laws Chapter 266, Section 30A. The statute covers several different types of alleged conduct, including taking merchandise, concealing merchandise, changing price tags, switching containers, recording a false value, and certain conduct involving shopping carts.

An attorney handling a shoplifting case should understand not only the statute but also how Massachusetts criminal cases proceed through Clerk Magistrate hearings, arraignment, pretrial proceedings, motions, negotiations, and trial when necessary.

Ask whether the attorney regularly handles criminal matters in Massachusetts and whether shoplifting, larceny, theft, or similar cases are part of that practice.

Ask Whether the Attorney Handles Clerk Magistrate Hearings

Not every shoplifting allegation begins with an arrest and immediate arraignment. In some cases, a person may receive notice of a Clerk Magistrate’s Hearing, also called a Show Cause Hearing, before a criminal complaint issues.

This stage can be important because the magistrate considers whether there is probable cause for a criminal complaint to issue. Depending on the circumstances, an attorney may be able to present relevant information, address weaknesses in the allegations, and argue that the matter should not proceed to a criminal complaint.

No attorney can guarantee that a complaint will not issue, but experience with this process can be particularly valuable when a shoplifting case has not yet reached arraignment.

For more information, read What Happens At A Clerk’s Hearing? and our FAQ, Can Shoplifting Charges Be Dropped Before Arraignment in MA?.

Find Out How the Attorney Will Evaluate the Evidence

A shoplifting accusation often begins with a store employee or loss-prevention officer, but the store’s version of events is not automatically the entire case.

An attorney should be prepared to examine the evidence that may support or contradict the allegation. Depending on the circumstances, that may include:

• Store surveillance video;
• Loss-prevention or security reports;
• Receipts and transaction records;
• Credit or debit card records;
• Self-checkout records;
• Barcode and pricing information;
• Statements from store employees or witnesses;
• Statements allegedly made by the accused person; and
• Evidence concerning the retail value of the merchandise.

Ask a prospective attorney how they approach evidence in a shoplifting case and whether they will review the facts rather than simply assume that the store’s allegations are correct.

Make Sure the Attorney Understands the Importance of Intent

Intent is often a central issue in Massachusetts shoplifting cases. The law generally requires more than showing that an item was unpaid for, concealed, scanned incorrectly, or placed in the wrong container. The Commonwealth must prove the required criminal intent for the particular form of shoplifting alleged.

This can matter in situations involving self-checkout mistakes, distracted shopping, receipt confusion, incorrect barcodes, pricing errors, merchandise left in a cart or bag, or misunderstandings about whether an item had already been paid for.

A defense attorney should look at what the evidence actually shows about intent rather than treating every unpaid item as proof of deliberate shoplifting.

Ask How the Attorney Approaches Different Stages of a Case

The appropriate strategy can depend heavily on where the case is in the Massachusetts court process.

A case at the Clerk Magistrate stage may present different issues from a case that has already reached arraignment. A case with clear surveillance footage may require a different approach from one involving disputed identification or conflicting witness accounts.

During a consultation, ask the attorney what stage your case appears to be in and what the next steps are likely to be. A useful consultation should help you understand the process rather than simply tell you that everything will be handled.

For an overview of what may happen after an accusation, see What Happens After a Shoplifting Charge in Massachusetts?.

Understand How Shoplifting Penalties Work

A prospective attorney should also be able to explain the potential consequences of the particular charge without exaggerating them or making promises about the outcome.

Under Massachusetts General Laws Chapter 266, Section 30A, the statutory penalties depend in part on the retail value of the merchandise and, when the value is less than $250, the number of prior shoplifting offenses.

For merchandise valued at less than $250, the statute provides different penalties for first, second, and subsequent offenses. When the retail value equals or exceeds $250, the statute permits a fine of up to $1,000, imprisonment in a house of correction for up to 2½ years, or both.

For a more detailed explanation, read Shoplifting Charges in Massachusetts: Penalties and Defenses.

Questions to Ask a Shoplifting Attorney

An initial consultation is an opportunity to learn not only about your case but also about the attorney who may represent you. Consider asking questions such as:

• How often do you handle shoplifting or theft-related cases in Massachusetts?
• Have you represented clients at Clerk Magistrate hearings?
• What stage is my case currently in?
• What evidence should be reviewed or preserved?
• Does intent appear to be an important issue in my case?
• What happens at my next court appearance or hearing?
• What information or documents should I provide to you?
• Who will actually appear with me in court?
• How will I receive updates about my case?
• How are legal fees handled?

An attorney should be able to explain the process in understandable terms and should be willing to discuss both the strengths and potential problems in a case.

Be Cautious About Guarantees

No criminal defense attorney can responsibly guarantee that a shoplifting charge will be dismissed, reduced, or resolved in a particular way.

Every case depends on its own facts, the available evidence, the procedural stage of the case, and the decisions made by prosecutors, magistrates, judges, and sometimes juries.

Be cautious if someone promises a particular result before reviewing the evidence. A more useful discussion is how the attorney will evaluate the case, what legal and factual issues may exist, and what options may be available.

What Should You Bring to a Consultation?

The more accurate information an attorney has, the easier it is to understand where the case stands. If available, bring or have ready:

• A summons or court notice;
• A Clerk Magistrate hearing notice;
• Documents provided by police or store security;
• Receipts;
• Bank or credit card records;
• Store communications or electronic receipts;
• Names of witnesses;
• Photos or other relevant records; and
• A brief timeline of what happened.

Do not alter, delete, or destroy information that could be relevant to the incident. Preserve what you have so your attorney can evaluate it.

Should You Wait Until Your Court Date to Contact an Attorney?

You do not necessarily have to wait until arraignment or another court appearance to speak with a lawyer. Early legal review may be useful when there is surveillance footage or other evidence that should be identified, when a Clerk Magistrate hearing has been scheduled, or when you are unsure how to respond to a summons or notice.

An attorney can also help you understand what not to do, including making unnecessary statements about the incident that could later become part of the evidence.

Choosing a Massachusetts Shoplifting Attorney

The attorney you choose should understand Massachusetts criminal procedure, be prepared to examine the evidence carefully, and explain your options without promising a particular result.

The Law Offices of Elliot Savitz & Scott Bradley represent clients facing shoplifting, larceny, theft, and other criminal charges throughout Massachusetts. We can review the circumstances of the accusation, explain where your case stands in the court process, and discuss the defense options that may be available.

For additional articles and answers to common questions, visit our Massachusetts Shoplifting Resources.

If you would like to discuss a shoplifting accusation or upcoming court proceeding, contact us today.

This article provides general information about Massachusetts criminal law and is not legal advice. Every case depends on its specific facts and circumstances.