Legal Question in Criminal Law in Massachusetts

Go to court when scheduled and use that fact to move to have any statements given to the police suppressed.

Otherwise if the facts are accurate, then ask to dismiss or for a 6 month CWOF, if you think you can stay out of trouble for the 6 months.

Questions? Call me.

I respectfully disagree with the above advice. If you gave statements to police after being taken into custody, then your attorney may be able to have that evidence excluded. Most shoplifting cases, however, have very little to do with admissions, and usually involved a witness and physical evidence that likely cannot be excluded.

The primary reason I disagree with the above advice is that we don't even know the value of the items taken. It it was less than $100, you can only be punished by a fine. If the value was greater, than you could be charged with larceny or shoplifting. It the value was greater than $250, you may very well be charged with felony larceny. A further consideration is that (dependent upon the value) you are likely to be entitled to clerk's hearing on the matter, regardless of your warrantless arrest under 266 s. 30A. Once at the clerks hearing, you can almost always find a way to be obtain a dismissal on a first offense shoplifting case. Another concern is whether you have prior convictions, as a subsequent offense carries stiffer penalties, even for low value thefts. Finally, the moment you mention to a DA the phrase "CWOF", you can forget dismissal.

Bottom line, speak to an attorney. A free consultation might result in more appropriate advice and a determination of whether you need to hire a lawyer.

The bottom line is that depending on your situation is that you should consult with an attorney who will review the police report. Second guessing what you believe happened and what the officer reported is not advisable.