Not guilty of shoplifting

[Maryjjtore]

My question involves criminal law for the state of: massachussetts

Shoplifting acussed, my 3 year old and family went to a store, he opened a toy that i was going to buy.

the box was very big, i took the barcode and left the box in a trash can in the store, when i went to the register with the barcode i totally forgot to pay, cause the cashier was distracted and i had to check the prices and translate to my mother and sister, she had to delete and start the shopping again, so i forgot, when we were in the door after we pay the clothing they stopped me and make me take the toy from my kid took me to a room and told me they will send a fine letter and cannot comeback to the store,

i tried to explain but i want to know the consecuences, thanks in advance for your answer! I feel terrible cause my kid felt it was his fault and cried! English is my secomd language so i didnt understand them very much! That happened today, cant sleep, feel terrible, we bought a lot of stuff, so theres no sense, i forgot to pay a 30 dollars toy and get a bad record!

 

[army judge]

Just pay the demand requested in the letter. Stay out of the store forever. Don't let this MISTAKE happen again.

You won't have anymore trouble if you pay them their money. Wait for the letter to arrive. They gave you a break, be smart, stop talking, pay the demand, move on. It's over, let it rest.

I forgot, OP, you're very lucky the police weren't called; as well as CPS/DFCS.
Why?
You had your child with you allegedly committing a serious crime.
Your child could have been taken away from you for doing that.
Isn't that reason enough NEVER to do this again?

 

[cbg]

Pay the demand, stay out of the store, and be very, very glad you were not arrested. By your own description of the events you'd be found guilty - the store, the police, the prosecutor and the judge hear "I forgot to pay" multiple times a DAY, and by people who did not open the box and throw away the bar code. EVEN IF TRUE your story is not believable.

 

[shrinkmaster]

Things could have been much worse. The store has decided to settle this via Civil demand. Expect a letter from the stores Law firm asking for anywhere from $50.00 to $1000.00 depending on state law. Once you pay this the event will be in the past

 

[Betty3]

This is costing you more than the $30.00 toy but as noted above, just be happy all you have to do is pay the civil demand.

 

[Maryjjtore]

Pay the demand, stay out of the store, and be very, very glad you were not arrested. By your own description of the events you'd be found guilty - the store, the police, the prosecutor and the judge hear "I forgot to pay" multiple times a DAY, and by people who did not open the box and throw away the bar code. EVEN IF TRUE your story is not believable.

.

The thing is that i had the barcode with me wanting to pay the toy, cause i was paying everything else, i didnt throw the barcode, i just want to know if theyre pressing charges, thanks

 

[shrinkmaster]

We cant say that is a decision the store must make. However I have worked retail theft for many years and I can safely say that if you pay the civil demand the likihood they file a Police report (if state permits both) is almost zero

 

[Maryjjtore]

Thanks for your answer shrinkmaster

 

[mightymoose]

.

The thing is that i had the barcode with me wanting to pay the toy

The thing is that you removed the merchandise from the packaging and threw it away. It did not belong to you yet and you should not have done that.
If the box was too big to carry around it makes one wonder how the item inside was so easily overlooked when it was time to pay.
You may not have committed a "theft", but likely did commit at least a similar offense such concealment. You are fortunate they did not call police. It could have been much worse for you.
I would expect your civil demand to be in the neighborhood of a ridiculous $400-500. You can speak with local legal counsel about whether you should pay it or not. If you believe you are innocent you can always have your day in court instead.

 

[shrinkmaster]

State Websites

Shoplifting Laws by State


Massachusetts Shoplifting Laws


Chapter 266

Section 30A Shoplifting; penalty; arrest without warrant

Section 30A.

Any person who intentionally takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use of benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or any person who intentionally conceals upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of proceeds, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or any person who intentionally alters, transfers or removes any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the retail value thereof; or any person who intentionally transfers any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof; or any person who intentionally records a value for the merchandise which is less than the actual retail value with the intention of depriving the merchant of the full retail value thereof; or any person who intentionally removes a shopping cart from the premises of a store or other retail mercantile establishment, without the consent of the merchant given at the time of such removal, with the intention of permanently depriving the merchant of the possession, use or benefit of such cart; and where the retail value of the goods obtained is less than one hundred dollars, shall be punished for a first offense by a fine not to exceed two hundred and fifty dollars, for a second offense by a fine of not less than one hundred nor more than five hundred dollars and for a third or subsequent offense by a fine of not more than five hundred dollars or imprisonment in a jail for not more than two years, or by both such fine and imprisonment. Where the retail value of the goods obtained equals or exceeds one hundred dollars, any violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.

If the retail value of the goods obtained is less than one hundred dollars, this section shall apply to the exclusion of section thirty.

Law enforcement officers may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section. The statement of a merchant or his employee or agent that a person has violated a provision of this section shall constitute probable cause for arrest by any law enforcement officer authorized to make an arrest in such jurisdiction.