Concealing Items With Intent to Shoplift

My question involves criminal law for the state of: Massachusetts


Recently I was caught concealing items at Target with intentions to shoplift , was questioned, arrested, brought to a station , fingerprinted and photographed. The officers were co-operative and I was able to pay bail. My Court date is this Monday. My question is this, I have never been arrested for any crime, I am not a criminal. The charge counts as a misdemeanor as the items tallied to less than 250$

What I need to know is how to plead. I can't imagine I will be able to find a lawyer on a Sunday, ready to go to court the following Monday. I am not opposed to having a court-appointed attorney but I would appreciate if someone could explain this procedure in more depth.

I know I will not be pleading guilty because I do not believe I should be convicted, however I dont know how to defer the court proceedings long enough to give me an opportunity to find a lawyer.

I have reasons for why the items were concealed, I did under pressure sign documents for target that I was in possession of the items concealed. I never technically tried to leave the store although I was near the entrance.

From what I have read my options are more or less, Not Guilty or I Stand Mute, I would like to better understand the difference.

Thank you

plea not guilty and ask for a public defender
plea guilty ---> MAXIMUM SENTENCE
Oh really? Why were you concealing the items? -__-
taking an item and hiding it in your shirt --- Stealing
switching/tearing off price tags --- being very dishonest. The items belong to the store until a customer pays for it.
removing the product and damaging it ---- making it unsellable to the next customer who is interested and eager to buy it.

These actions bring negative effects to the store and to the innocent consumers out there.

I was concealing the items because I had intent to steal them, however at the time I had the means to pay for everything concelead and was debating leaving with them or paying. When confronted I very explicity offered to pay for everything but was denied this option.

I just don't want anything on my record, I'm willing to pay the store whatever it costs to restock and repackage the items as well as cover other shoplifters. I am not a thief, I have very strong ethics against stealing, but I am not here to argue reasons. The facts of the case are what should be important.

You neglected to explain the different between pleading not guilty and I stand mute.

Thank you regardless though for your input

If you stand mute, the court enters a not guilty plea for you. Effectively no difference.

It is not correct that "plea guilty ---> MAXIMUM SENTENCE"; but it does eliminate your chance to avoid a conviction.

So in this instance, considering I have not had a chance to talk to an attourney and am not sure whether or not technically I am guilty of a crime, should I stand mute?

You should have paid for the items and not concealed them in the first place. :wallbang:
Now, you made a huge mess and it could have been prevented as well.

I forgot to add that you will be receiving a civil demand letter in your mailbox. Pay it as soon as possible or the store will sue you.

Quote:

---

Quoting RepentingCitizen

---

So in this instance, considering I have not had a chance to talk to an attourney and am not sure whether or not technically I am guilty of a crime, should I stand mute?

---

Massachusetts has a concealment law (Chapter 266: Section 30A). There is no requirement that you must exit the store.

Ok...so....I go to your house, I find $250 sitting on the counter, I decide to pick it up and place it in my bra.

But I have no intention of stealing it from you....I was just thinking of it, but you caught me....so I'll give it back to you, and just expect you to not be upset...

Or....worse..."The sunglasses just fell into my open purse while I was in a fitting room".

See how your story is sounding????

Quotes:
1. Recently I was caught concealing items at Target with intentions to shoplift
+
2. I was concealing the items because I had intent to steal them, however at the time I had the means to pay for everything concelead and was debating leaving with them or paying.

Hello????? :rolleyes::rolleyes::rolleyes:


QUOTE: "I have never been arrested for any crime, I am not a criminal. The charge counts as a misdemeanor".

Yet you also state: "The officers were co-operative and I was able to pay bail. "

GUESS WHAT - You have been arrested! For a crime!!!!! Yes, you are a criminal!!! And you will have the CRIMINAL RECORD to prove it.

Quote: "I have reasons for why the items were concealed"
Like what? They didn't have any shopping carts or baskets available?

Quote: I am not a thief, I have very strong ethics against stealing.

Um...then why were you concealing an item????

Ok, here's reality:
- You will be getting a civil demand from the store.
- Yes, you were arrested.
- Yes, you have been charged with a CRIME.
- No, the store won't just take some cash to make this go away. You now are dealing with the stores Civil Demand Department. And the COURTS.

Oh yes...while we're at it....do not enter a Target store again, ever. You will be arrested again for Criminal Trespass.

And yes....you need to ask for a Public Defender. No jury in the world is going to believe your contradictions.....

Quote:

---

I just don't want anything on my record,

---

Then plead Not Guilty and ask for a Public Defender. Counsel may be able to get you into a diversion program, if such is available in your jurisdiction, which may help you avoid a record.

Quote:

---

I'm willing to pay the store whatever it costs to restock and repackage the items as well as cover other shoplifters.

---

The law doesn't care what you're "willing" to do now. The time to pay for the items has long passed - paying is what you should have been doing instead of concealing and "debating leaving with them or paying". You do not get to set the terms now. You'll do what the court tells you to do, or you'll find yourself in even more trouble than you're already in.

Quote:

---

I am not a thief,

---

Except that you are. In Massachusetts, concealing with intent to steal is the same as stealing. Like it or not, you are a criminal, and you earned the label fair and square.

Quote:

---

I have very strong ethics against stealing, but I am not here to argue reasons. The facts of the case are what should be important.

---

The court doesn't care about your "reasons" for concealing the items, as the concealment itself is a crime. Security Consultant has already cited the relevant law for you.

The facts of the case, as you've presented it, are that you intended to steal, but changed your mind when you got caught.

If I were you, I'd let my lawyer do all of my talking for me, because if you tell the judge about your "strong ethics against stealing", it's going to take him a good five minutes to stop laughing before he administers a thorough and stinging tongue lashing. It will be embarrassing and humiliating, and you probably won't enjoy it.

We know the reasons for concealing the items - "I was concealing the items because I had intent to steal them". It's harder to steal items that you're not concealing. I doubt that the prosecutor would mind the defendant's sharing that "reason" in court....