Legal Question in Criminal Law in Massachusetts
Shoplifting
My son was recently arrested for shoplifting. The store he was caught in is not pressing charges but the police found a marijuana pipe and a small amount of marijuana on him and arrested him for shoplifting anyway. They told him they were not pressing drug charges if he gave up his dealer's name. Since the store is not pressing charges, does this mean the shoplifting charge goes away? And can the police still turn around and charge him on drug possession?
1 Answer from Attorneys
Re: Shoplifting
In my opinion, the actions of the police sound legal. In Massachusetts, it is not the decision of the alleged victim of a crime whether or not to press charges. This decision ultimately rests with the prosecuting authority, which in your case would be the District Attorney for your county, or his assistants.
Your son could be charged with possession of a class D substance, marijuana, as well as shoplifting or larceny.
Your son may have a variety of defenses to these charges, such as that he was illegally searched or arrested without probable cause or that he was subjected to an illegal interrogation.
He may also be permitted to participate in a pretrial diversion program where the charges against him would be dismissed after a period of probation. There is a presumption that first time offenders in cases involving possession of marijuana will be granted a continuance without a finding under Massachusetts law.
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