Legal Question in Criminal Law in Massachusetts

i have already been charged and convicted. i was arrested by the randolph police department and held for six hours. i was then released from their custody and given a court date. i went to court and pled guilty for the charges, i was asked to sign a form saying i was guilty and asked to pay $150.00 in court fees because it was a first offense.

i was also charged with a civil citation for possesion of marijauna. i paid my court fees and the $100 fine for possesion.

on august 28th i received a letter from bobs stores attorneys asking for $250 for the stolen property.

now i do not know what to do, i only have a few days left till the 20 day allowance i was given expires for the fee to be paid. i need to know my rights in the siuation as soon as poosible. some of the questions i have are, do i need to pay this fine? should i take them to court and if so will the fine be lessened? can they prosecute me any further after the 250 is paid? should i just pay it and carry on with my life as usual?

i am a college student double majoring and i am unemployed currently.

if any advice can be given asap please let me know.


Asked on 9/14/09, 7:00 pm

2 Answers from Attorneys

George Davis Law Office of T. George Davis, Jr.

Although you don't say, I assume you were charged with larceny from the store. What happened to the stolen items? Did the store get them back? What the store appears to be seeking is restitution to reimburse it for the lost merchandise. It is NOT a fine, and stores don't have any authority to "fine" you for your actions. You already addressed the issue of "fines" with the court, and the court only asked you to pay $150 in court costs. If the store was entitled to collect $250 from you, I'm a little surprised that the court didn't address that when you were there, and make you also pay the store what you owe them. That the court didn't address this makes me wonder if the store is entitled to anything at all from you. Long story short: If the store did not lose $250 because of your actions, they are not entitled to collect a "fine" from you. Stores often send these letters out to shoplifters, even if they are not entitled to collect.

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Answered on 9/20/09, 5:40 pm
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

You have already been convicted and as such the store can't take you back to criminal court-However, they may bring a civil action against you. I to am suprised that the issue of resitution wasn't addressed in the court-was it even talked about? Was there a store rep present? Without knowing all the facts this is the best answer I can give at this time.

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Answered on 9/21/09, 10:05 am


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