Legal Question in Criminal Law in Massachusetts

I was caught shoplifting a bar of soap at Shaw Market last August. I pleaded with the Loss Prevention agent who seemed sympathetic and told me that if I cooperated I'd be okay.

I gave him all my identification, etc., and he told me that if it happened again they would prosecute. The next week I received a letter stating that Shaw's would settle out of court for $275. I called them and they said that whatever the agent said was irrelevant and they would prosecute and that I had 30 days to come up with the money. A month later they sent me a letter saying that I had failed to respond to the first letter. I've since received two letters from their attorney saying they would see me fined for $500.

I am a WM age 60 with no criminal record whatsoever. I have fallen on hard times. At the time of the incident my unemployment comp was ending and I did not have the rent and also owe my landlord back rent. I get $94/month food stamps. I had only briefly reverted to a thieving mentality

(since I was only 20) out of sheer necessity and always hated myself for it afterward.

Can they really get away with prosecuting me to the fullest extent of the law for a first offense?

Isn't this only petty theft and a misdemeanor? Will I be able to appeal to the judge and jury for leniency and possibly only be fined the minimum allowable by law? Will I have to pay court costs?

Finally, what do you recommend I do? I have thought of calling their attorney with this information

in the hope that they might have second thoughts about trying to screw me for a first offense but decided to get some legal advice instead.

Thank you for your help in this matter.


Asked on 12/03/09, 12:01 pm

1 Answer from Attorneys
Gregory Casale Gregory Casale Attorney At Law

As you have learned, nothing stated orally has any meaning. Do not pay any civil penalty unless you get a written release for all claims against you, criminal and civil, which I am sure they willnot provide. If you get summonsed into court, go in and ask for a court appointed lawyer. Make sure that you tell them your financial psotion so that you are not assessed even the marginal $100 fee. If the judge determines that you do not facce jail time, you may not qualify for court appointed counsel. However, that also means that the worst that could happen is a fine. Ask the DA to CWOF the matter or give you Pre Trial Probation with restitution. That should get you through it as painlessly as possible. Good luck.

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Answered on 12/08/09, 7:22 pm


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