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Charged With Shoplifting in Massachusetts? You Need Experienced Legal Defense.
A shoplifting charge is more serious than most people realize. A conviction can result in a criminal record, fines and sometimes a jail sentence. There are potential collateral consequences for your employment, your reputation and immigration matters. At the Law Offices of Stephen Neyman, we defend clients in the greater Boston area and throughout eastern Massachusetts — and we know how to fight these charges.
Call for a free consultation 617-263-6800
Serving Clients Across Massachusetts
We represent individuals charged with shoplifting and related retail theft offenses in the following counties, cities and towns:
Suffolk County, Essex County, Middlesex County, Norfolk County, Plymouth County, Barnstable County and Worcester County.
Our clients appear before courts in Boston, Salem, Peabody, Newburyport, Haverhill, Lawrence, Cambridge, Malden, Woburn, Quincy, Dedham, Lowell, Concord, Framingham, Quincy, Lawrence, Plymouth, Worcester, and surrounding communities.
What Massachusetts Law Says About Shoplifting
Shoplifting is governed by Massachusetts General Laws Chapter 266, §30A and related statutes. The offense covers a range of conduct beyond simply taking merchandise. It includes altering price tags, concealing items, or assisting another person in doing so. Charges and penalties vary based on the value of the merchandise and whether you have prior convictions. The penalties for basic shoplifting cases in Massachusetts are addressed in the next section.
What Are the Penalties for Shoplifting in Massachusetts?
- For a 1st offense a fine of up to $250;
- For a 2nd offense, a fine of at least $100 and up to $500;
- For a 3rd or subsequent offense, a fine of up to $500, or up to two years in jail, or both a fine and imprisonment.
Even a first offense can result in a continuance without a finding (CWOF), which still affects your record. An experienced attorney can often pursue a better outcome.
What Are Some of the Defenses to Shoplifting Cases in Massachusetts?
Every shoplifting case has unique facts. Attorney Neyman will analyze the circumstances of your arrest, the evidence against you, and the procedures used — looking for every viable defense. Common defense strategies include:
Lack of intent—-shoplifting requires proof that you intended to permanently deprive the retailer of merchandise. Mistake, distraction, or confusion can undermine this element particularly in self-checkout lines.
Challenging loss prevention procedures — improper surveillance, unlawful detention, or procedural violations by store employees can weaken the prosecution’s case.
Constitutional violations — if police conducted an unlawful search or failed to advise you of your rights, evidence may be suppressed.
Identity and misidentification — surveillance footage is often grainy or inconclusive. We scrutinize all video and witness evidence.
Diversion and alternative dispositions — for eligible clients, we pursue outright dismissal, pre-arraignment diversion, pretrial diversion, clerk magistrate hearing resolutions, and continuances without a finding to keep your record clean.
Should I Hire a Criminal Defense Attorney for a Shoplifting Charge?
Yes, you should hire a criminal defense attorney for a shoplifting charge. Do not assume shoplifting is a minor matter. Do not think that you can handle alone or plead out quickly. That assumption can be costly. A conviction — even for a low-value item — creates a permanent criminal record visible to employers, landlords, and licensing boards. For non-citizens, it can have immigration consequences. For professionals, it can trigger licensing board scrutiny.
Attorney Stephen Neyman has decades of experience in Massachusetts criminal courts. He understands how prosecutors, judges, and loss prevention witnesses approach these cases — and how to use that knowledge on your behalf.
Frequently Asked Questions About Shoplifting in Massachusetts
What Happens After I Am Charged With Shoplifting in Massachusetts?
After a shoplifting charge, you will typically receive a summons to appear in for a clerk magistrate hearing–particularly first offenses where the value of the merchandise is lower value. This is a critical opportunity to resolve the case before formal charges get issued. If you resolve the case at this stage nothing will appear on your record. In the more serious case, you may get summonsed for an arraignment in the District Court. With the help of an experienced criminal defense lawyer, you might still be able get ahead of this and avoid an arraignment.
You should retain an attorney as soon as possible after being charged. Early involvement allows counsel to intervene at the clerk magistrate level, gather evidence before it disappears, and begin building your defense.
Will a Shoplifting Conviction Go On My Permanent Record?
A guilty finding will result in a criminal record that is visible to employers, landlords, professional licensing boards, and — in most cases — immigration authorities. Even a continuance without a finding (CWOF) will appear on your record during the probationary period and may be disclosed in certain background checks.
An experienced attorney may be able to secure a dismissal, a not-guilty verdict, or a disposition that keeps your record clean. Do not assume a first offense will simply go away on its own.
Can I Be Sued by the Store in Addition to Facing Criminal Charges?
Yes. Under Massachusetts law, retailers have the right to send a civil demand letter seeking a penalty of up to $500, regardless of whether you are convicted criminally. This is separate from the criminal proceeding. Many people receive these letters and are unsure whether they are legally obligated to pay.
Attorney Neyman can advise you on how to respond to a civil demand letter in a way that does not prejudice your criminal defense. Oftentimes we use this process to convince the clerk magistrate not to issue the criminal complaint.
What Can I Expect if This Is My First Offense?
First-time offenders often have the best chance of avoiding a permanent record. Massachusetts offers several mechanisms — including clerk magistrate hearings, pretrial diversion programs, and continuances without a finding — that may be available depending on the facts of your case, the value of the merchandise, and the court in which you appear.
These options are not automatic. They typically require legal advocacy and, in some programs, completion of community service or other conditions. An attorney can evaluate which paths are realistic in your specific situation.
Can Shoplifting Affect My Immigration Status?
Potentially, yes. Shoplifting can be classified as a crime involving moral turpitude under federal immigration law, depending on the value of the merchandise and the specific disposition of your case. Even a CWOF may have immigration consequences in certain circumstances.
If you are not a U.S. citizen, it is essential that your defense attorney understand the immigration implications of any proposed disposition before you accept it. Attorney Neyman works with clients to pursue outcomes that protect both their criminal record and their immigration status.
What Should I Say to the Police or Loss Prevention?
If you are stopped by the police for shoplifting say nothing. You have the right not to talk. Use it. If you are stopped and detained by loss prevention you say nothing. They will try to convince you to talk to avoid prosecution. When they do this, they are not being honest. They are trying to get a confession out of you. Do not talk.
Speak With Attorney Neyman today
If you or a family member has been charged with shoplifting anywhere in Suffolk, Essex, Middlesex, Norfolk, Plymouth, Barnstable or Worcester County, do not delay. Early intervention by experienced counsel can make a significant difference in the outcome of your case.
617-263-6800
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