Shoplifting Attorney Boston Massachusetts | Boston Shoplifting Defense Lawyer

Massachusetts Shoplifting Attorney

Shoplifting is a Crime with Serious Consequences

If you are arrested for shoplifting, don't wait to get help. Shoplifting can be quite serious, depending on whether you are being charged with a misdemeanor or a felony. This will, more often than not, depend on the value of the item stolen. For example, stealing an item worth less than a certain dollar amount is a misdemeanor. Over that amount, the offense is a felony. Shoplifting is probably the most commonly committed type of theft crime in Massachusetts, and one that is aggressively prosecuted by retailers. Boston criminal defense attorney Steven J. Topazio is not afraid to aggressively defend you if charged.

Shoplifting is defined as taking or intentionally paying less for an item than the sale price. Shoplifting can include carrying, hiding, concealing, or otherwise manipulating merchandise with the intent of taking it or paying less for it; changing price tags, committing refund fraud, removing a shopping cart or any other commercial property from a store location, or intentionally using an illegitimate form of payment.

Defending Against Retail Fraud and Shoplifting Charges

Don’t underestimate a shoplifting charge. In Massachusetts, shoplifters are prosecuted to the fullest extent of the law, and the offense is viewed as a crime of moral turpitude which will have immigration consequences if you are not a United States citizen. If you have been charged with misdemeanor or felony larceny or shoplifting, having the right criminal defense attorney protecting your rights can make the difference between facing jail time or having your charges dismissed.

Aggressive shoplifting defense in Boston

The taking of a CD from a music store might start off as a joke or prank, but if caught you will be arrested. The items taken may be small, but collectively, shoplifting costs the retail industry billions of dollars each year and the losses are passed on to the paying customers. Whether you are a high school student caught shoplifting at a local mall, or a chronic thief with prior retail fraud convictions caught stealing, talk to an experienced criminal defense attorney immediately.

Shoplifting Defense in Massachusetts

Many people assume that because shoplifting is not a serious crime like bank robbery or auto theft, then they do not need to hire a criminal defense attorney to represent them in court. Nothing could be farther from the truth. If you have been charged with shoplifting in Massachusetts, it is to your great advantage to hire an experienced shoplifting defense lawyer to protect your best interest and represent you throughout the legal process. Boston Criminal Defense Attorney Steven J. Topazio can negotiate with both the prosecution and the retailer for a possible reduction or dismissal of your charges.

Contact Shoplifting Defense Attorney Steven J. Topazio

If you have been arrested for shoplifting in Boston, do not put yourself at risk for a criminal conviction. Attorney Topazio can help you fight your charges and avoid a criminal conviction! Contact Boston shoplifting defense lawyer Steven J. Topazio online or call 617-422-5803 to discuss your case.

RECENT CASE DECISIONS

January 27, 2012
Chelsea District Court
Docket # 1114CR2953

Shoplifting by concealing merchandise M.G.L. c. 266 § 30A
Assault and Battery M.G.L. c. 265 § 13A

The client, a 28 year old college graduate and account executive, was arrested after being captured on Market Basket store video surveillance placing several meat products in his pockets. Upon leaving the store, the client ran and was tackled by store security, hired Attorney Topazio. Attorney Topazio learned that his client stole the meat for a college football party he was to have with his employer and when he learned he didn’t have any money to pay for the meat, stole it. Attorney Topazio met with the prosecutor and corroborated his client’s story by providing the prosecutor with the football schedule and argued that a conviction would cause his client to be discharged from his employment. Today, Attorney Topazio convinced the prosecutor to dismiss both charges against his client on twenty-five hours of community service, and the court agreed.

Result: Case dismissed on community service.

August 31, 2011
Cambridge District Court

Application for Criminal Complaint
Magistrate’s Hearing/Clerk’s Hearing
Larceny Over $250 by False Pretense c 266 § 34

The client, a web developer and Harvard Graduate School student, was contacted by Cambridge Detectives regarding the returning of merchandise to the store Anthropologie for a cash refund for merchandise that wasn’t purchased from the store, hired Boston Criminal Defense Lawyer Steven J. Topazio to represent him. Attorney Topazio instructed his client not to speak with police but contacted and spoke with the investigating detective himself, so as to prevent his client from making any incriminating statements that could be used against him. Attorney Topazio used this opportunity to attempt a resolution of the case and requested that his client not be arrested or charged for the felony charge of larceny over $250 but represented that his client would be amenable to pay restitution, if the case could be resolved without formal felony charges being filed. A defendant is not entitled to Magistrate’s or Clerk’s hearing for a felony charge, only misdemeanor offenses. The detective acknowledged that he wouldn’t charge and arrest his client but would proceed by way of a Magistrate’s or Clerk’s hearing as Attorney Topazio suggested and further would inquire from the store if a settlement short of formal charges issuing would be an acceptable resolution. Today at the Clerk Magistrate’s hearing, Attorney Topazio negotiated a settlement with the prosecuting detective which required that his client would pay restitution within one week without admitting or acknowledging responsibility and the application for complaint would be dismissed, and the Magistrate agreed. Dismissing the application for complaint prior to issuance of the formal complaint also prevents an entry from appearing on his client’s criminal record (CORI).

Result: Application for criminal complaint dismissed on agreement to pay restitution and client avoids a prosecution for a felony charge and an entry on his CORI.

April 08, 2011
Framingham District Court
1087CR0723

Shoplifting by Asportation, M.G.L. c. 266 § 30A
Receiving Stolen Property over $250, M.G.L. c. 266 § 60

The defendant, while at J.C. Penny in the Natick Collection, was arrested for shoplifting when she left the store without paying for several items of clothing. A subsequent search of her motor vehicle by police resulted in the disclosure of other items of clothing from Macys. When the defendant could not produce a receipt for the clothing discovered in her vehicle, she was arrested, hired Attorney Topazio to represent her. Attorney Topazio filed discovery motions for copies of store surveillance videos and tapes of transmissions with the police. Attorney Topazio filed a motion to suppress the evidence discovered in his client’s car alleging the search of the car was illegal and without probable cause or consent and all evidence obtained by the police was the fruit of this wrongful search. Today, prior to an evidentiary hearing, Attorney Topazio convinced the district attorney to dismiss the shoplifting charge on court costs and to reduce the felony receiving stolen property court to the misdemeanor offense of receiving stolen property under $250 in violation of M.G.L. c. 266 § 30, and the court agreed, continuing the mater without a finding for six months.

Result: Shoplifting charge dismissed and felony charge of receiving stolen property reduced to a misdemeanor and continued without a finding for six months.

February 03, 2011
Boston Municipal Court
1001 CR 8725, 1001 CR 8726

Shoplifting by Price Tag Tampering, M.G.L. c. 266 § 30A

The defendants, sister-in-laws who were shopping prior to Christmas, were arrested when captured on video by Filene’s Basement security switching price tags on merchandise valued at $2,200.00 and then paying a lesser price at the cash register of $200.00, hired Boston Criminal Defense Lawyer Steven J. Topazio to represent them. According to statute, any person who intentionally alters, transfers or removes any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the retail value thereof, and where the retail value of the goods obtained equals or exceeds one hundred dollars, then any violation shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.
Boston Criminal Defense Lawyer Steven J. Topazio contacted the Assistant District Attorney assigned to the case and negotiated a resolution whereby both cases would be dismissed on $500.00 court costs, but would still have to convince the court.
Today, Boston Criminal Defense Lawyer Steven J. Topazio, despite the overwhelming evidence against his clients, argued that the charges against his clients were an aberration since neither of them had any prior criminal record and convinced the court that in the interests of justice it should dismiss each case on $500.00 court costs, and the court agreed.

Result: Case to be dismissed on payment of court costs and record protected.

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