Caught Shoplifting, Ineligible for a Public Defender

I was caught shoplifting in MA a few weeks ago. I went to my arraignment (since I was arrested) and was told to come back in two weeks (June 8th). The judge told me that public defenders are not given to people who are not facing jail time and it is their first time offense. I cannot afford a lawyer, and only have until Tuesday. What is going to happen when I go back? I was never asked to plead guilty or not guilty. Will they ask me now? I was told by a family member to plead mercy of the court, should I? Thank you for any help!

There is no such thing as pleading "mercy of the court."

If you can't have an attorney appointed, that means you were charged with a civil infraction. It is not criminal. The only penalty is a fine.

If you have a defense, you can present it. I am surprised the court did not ask for a plea. It is possible the witness for the prosecution didn't show up or something else happened and the court was not ready to proceed.

You do not have to plead guilty, you can plead no contest.

Plead not guilty and see if diversion or some type of reduced charge like disorderly conduct can be worked out. It would be helpful if you can try arrange for a lawyer. If you plead guilty they will sentence you on the spot,pleading not guilty they may offer you something.

So I went to court this morning for the shoplifting charge. It was reduced to a civil infraction and I have to pay a $50 fine. I appreciate the advise that people have posted on this website, but I think some of it is a little too much. Although I understand that shoplifting is a serious problem, and can have serious consequences, this forum scared the heck out of me. I was terrified of not knowing what was going to happen to me. I did not need a lawyer (which would have costed me around $1000), but because of all the advise I was given, I almost got one. I would be completely broke if I had done that. I just want to let other people in this situation know that there is a light at the end of the tunnel. You shouldn't be terrified. You made a mistake, but theres really no need to panic. I have learned this lesson the hard way, but atleast I won't have a criminal record now.

I'm glad someone else said this..it seems like there's a tendency to fear monger, at least from what I've been reading. That's not to say shoplifting is a trivial offence - as it is a criminal act, there are consequences, and those consequences can be far-reaching.
From what I understand, incarceration is an unlikely outcome, but that doesn't mean that the consequences aren't serious. Future employment and many other future choices can be affected by the outcome, if a person is indeed found guilty of shoplifting.

I thought I should mention one more thing, because I also noticed that there have been a number of mentions of civil charges being brought with the intent to claim monetary damages. It is true that this can occur, and that the worth of the damages can far exceed the worth of the goods taken, because the stores view this measure as a deterrent. However, I noticed that some of the posts imply that the civil charges may be brought if criminal charges are not pressed. I thought it might be helpful to note that the civil charges can be brought alongside the criminal charges - they are not mutually exclusive. In fact, it is more likely that the store will be able to successfully claim civil damages if the person has been convicted of the offence. The store can bring these charges if there has been any admission/written statement or evidence of guilt. They can bring the charges in the absence of an arrest and a conviction, but they would be less likely to claim the damages as they would not have substantive proof of the person having convicted the crime for which they are trying to claim damages.

Anyway, that's my two cents' worth.

As a last note...I would be interested in hearing what has happened to others who have been arrested for shoplifting, and in hearing how the security staff at the store and the police handled the situation. I would like to hear about cases where the person has committed the offence (both first-time offenders and non-first-time offenders / recidivists) and in cases where the person has been wrongfully accused.

I am interested in the substance of the story and the information, so please rest assured that your identity and any identifying information will be closely guarded, and will not be revealed.

Regards,
Justice First

Here's more about what happened when I was actually arrested- I conceled a pair of flip flops ($40) and earings ($20). As soon as I left the store, a LP stopped me and asked me to follow him to the back of the store. He was very polite and professional. When I got to his office, there was another man and a girl there. Both of them were very rude and unprofessional. The other man was yelling at me even though I was being completely cooperative. The lady was laughing and making jokes, which really bothered me since I was in trouble, and didn't find the situation funny. They ended up calling the police and I was arrested and had to sit in a cell for six hours while waiting for the bondsman.

I went to court a few days later and was told to come back. When I did, my charges were reduced to a civil infraction with a $50 fine. That same day I came home and found the civil demand from JP Penny's in the mail. I have 30 days to pay $250. Hopefully I will be able to come up with the money to pay this in time. This has been a learning experience, but I think that more warning from the stores could help prevent this from happening to other people. I had no idea that something like shoplifting could lead to so many legal problems. I almost feel ambushed with this situation. If I had known how serious the consequences were, I would have NEVER attempted to shoplift. Maybe the stores should spend a little more money on awareness rather than simply having people arrested (and giving them criminal records in some cases). I had always thought that you could get no more than maybe a fine or have to leave the store. Never in my wildest dreams did I imagine that it could possibly ruin my future carreer opportunities and be so expensive.

You make it sound as if you couldn't possibly be expected to know that shoplifting is wrong and that you can face legal consequences. That's a bunch of ****. I live in MA and because of your shoplifting, the price I have to pay for most items just went up. YOU steal and everyone's prices go up to cover the costs. You weren't ambushed; you just thought you could get away with something you knew was wrong and you didn't. It was not your right to shoplift.

Don't break the law and you won't have to worry about how much trouble you can get in or how much "awareness" the stores spend money on.

SHOPLIFTING IS ILLEGAL. Live with it. You get no sympathy here.

I am not saying that its okay to shoplift, and I after doing some research I've learned how much of a problem shoplifting causes for buisnesses and consumers. I am not trying to condone my actions. I simply wish that I could have learned all of this an easier way. Obviously I will not shoplift again, but I probably would have never done it in the first place if I knew more of this before hand. It seems like many people end up in the same situation that I was in, and I am sure some of them feel the same way.

Balderdash. You're still trying to turn attention away from the fact that you STOLE. If you were really all that concerned with the possible repercussions, you'd never had done it in the first place.

You can try all you like to protest that it's all someone else's fault for not making you aware of the consequences, but you KNOW that stealing is against the law. For anyone with any morals at all, that in itself is enough to stop them.

The only one you're fooling is yourself.

You're lucky you got off so easy. Won't be the situation the next time. Seriously, if you need someone to tell you it's wrong to steal, you have bigger problems. :wallbang: