Shoplifting is another of those misunderstood crimes. In Massachusetts, it is certainly considered a crime…and a crime that prosecutors are happy to prosecute.
There are, however, some realities, positive ones this time, of which you may or may not be aware. An experienced criminal law attorney would be though. As usual, the first thing you should do upon being accused is to get yourself one of those.
In the meantime, allow Attorney Sam’s Take to tell you a little about it.
In most cases, shoplifting cases are misdemeanor cases. Often, if you are not actually arrested, you will receive a summons which gives you notice of a Clerk Magistrate’s hearing that is to be held in your honor. The first thing to do is retain the appropriate lawyer.
“Sam, are you sure about that? I mean, when I was served the summons, I asked the officer if I needed a lawyer and she said ‘no’ “
That is not a surprise. Police officers are not generally big fans of criminal defense attorneys. They tend to think that the legal system would churn much more smoothly without us.
“So, the officer was lying to me?”
No, technically, she is correct. You are not required to have a lawyer at a clerk’s hearing. In fact, there is no requirement to even show up for the hearing.
Of course, before you make such decisions, you might want to consider what a clerk’s hearing is for.
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