Caught Stealing In A Supermarket
I was caught stealing an item under 25 dollars from a police officer at a supermarket. It was my first time being caught. They did not take my picture or have me sign anything. The police officer took a copy of my license and said that I was being charged with 'asportation' and that I would get a summons in a month. I have some questions about this:
1) The store did not have me sign anything or take my picture - why?
and The police officer did not have me sign anything either - why? Does this mean that they are not pressing charges?
3) I have stolen from this place before over the past year, but the officer said I had not been 'flagged' - can they look over past video footage using my supermarket discount card which I use everytime I shop there as a date/time indicator and look for me on the tape and catch me?
4) I was told that if I returned to the store in the next 24 hours I would be 'trespassing' - is that just the initial statement - could the store or judge follow up now and say that I am banned from the chain indefinitely.
5) The officer said that I was lucky that I hadn't taken more than 25 dollars or he could have arrested me - is he right?
6) I live in MA - what are the rules of shoplifting here - are they the same as anywhere or is there anything specific I should know about my state?
7) Is it a guarantee that I am getting civil fines and going to court?
Thanks for your time. I am consulting a lawyer also.
Re: Very Scared - Advice Please
1) The store did not have me sign anything or take my picture - why?
A: Ask the store.
and The police officer did not have me sign anything either - why?
A: Ask the officer.
Does this mean that they are not pressing charges?
A: No.
3) I have stolen from this place before over the past year, but the officer said I had not been 'flagged' - can they look over past video footage using my supermarket discount card which I use everytime I shop there as a date/time indicator and look for me on the tape and catch me?
A: Yes.
4) I was told that if I returned to the store in the next 24 hours I would be 'trespassing' - is that just the initial statement - could the store or judge follow up now and say that I am banned from the chain indefinitely.
A: Yes.
5) The officer said that I was lucky that I hadn't taken more than 25 dollars or he could have arrested me - is he right?
A: Ask the officer.
6) I live in MA - what are the rules of shoplifting here - are they the same as anywhere or is there anything specific I should know about my state?
A: I didn't know they had "rules of shoplifting" anywhere. What are you talking about?
7) Is it a guarantee that I am getting civil fines and going to court?
A: No one can foretell the future.
Definitions of asportation on the Web:
* and taking involve physical movement of the property. That is, if the property is not moved, then there is no larceny. Furthermore, if a person (T) tells the other (I) that the item is his (T's), then authorizes I to take it, and I takes off with it, it is T whom the law deems to have asported--because I is protected by the fiction of innocent agency. Taking is typically defined as exercising control and dominion over the property.
www.voyager.in/Larceny
Re: Very Scared - Advice Please
By rules I mean specific shoplifting laws in Massachusetts. I am not going to call up and 'ask the officer' anything right now.
Re: Very Scared - Advice Please
Quote:
Quoting
Linda72
By rules I mean specific shoplifting laws in Massachusetts. I am not going to call up and 'ask the officer' anything right now.
You said you were consulting an Attorney tha tis where your advice should come from
Re: Very Scared - Advice Please
Here's the information:
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.
Re: Very Scared - Advice Please
Wow - thank you so much for that - much appreciated!