Juveniles are known to do questionable things as they are swayed by peer pressure, alcohol or drugs, and social media. If your teen has been arrested for shoplifting as a minor, you may have questions about what this means in the short and long term.
Massachusetts State Law requires that parents be notified if their underage child is arrested, including arrest for shoplifting. However, that is just the start of the legal consequences for your child. Let’s examine how this event could impact your child now and down the road.
What is Shoplifting?
As a parent, any call from the police about your child’s actions is a jarring event. Being told that your child is being held for shoplifting can be overwhelming and humiliating. Knowing what to expect going forward is a good way to manage your fears.
Cornell Law School defines shoplifting as knowingly taking merchandise from a retail store without paying for it, or intentionally paying less than the actual price. This includes actions like concealing items, switching price tags, or using fraudulent means at self-checkout to avoid paying the full price.
Massachusetts Shoplifting Penalties
Under Massachusetts shoplifting laws, the charges can vary in severity depending on the value of the goods and the number of prior offenses.
For instance, for items valued at less than $100, the penalties are:
- up to a $250 fine for a first (1st) offense;
- up to a $500 fine for a second (2nd) offense;
- imprisonment of up to 2 years for a third (3rd) offense.
For items valued equal to or more than $100, the penalties are:
- Up to 2 1/2 years and a fine of $1000 for a first offense.
- The penalties become more serious for a second or third (2nd or 3rd) shoplifting offense of more than $100.
Under Massachusetts shoplifting laws, a merchant is also allowed to recover damages resulting from the shoplifting activities. The merchant can recover up to $500 beyond the actual damages or theft that occurred from the alleged criminal act.
Other Shoplifting Factors Considered
There are several factors considered in a shoplifting case, including age, value of merchandise, and pre-trial probation options.
Age
Should the defendant be under 17 years of age, they will be tried in juvenile court. If the individual is 17, it is possible that they will be tried as an adult.
Value of Merchandise
Another factor considered in a shoplifting case is the value of the merchandise stolen. Depending on the value of the items taken, your child could be required to pay restitution and court costs, after which the charge could be dismissed. The penalties could increase if the value of the stolen merchandise were higher.
Pre-Trial Probation
Yet another factor in the consequences of shoplifting could be that the individual is placed on Pre-Trial Probation. This means that without pleading to a charge, the court places the defendant on probation. If probation rules are followed, the charges may be dropped or lowered.
Should your child be arrested for shoplifting, talk to our team at Patrick Conway Law for legal advice and support through the complex legal process.