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  1. #1

    Default Shoplifting at Kohl's

    My question involves criminal law for the state of: Massachusetts

    Earlier today I was caught shoplifting at Kohl's (in Massachusetts) of $120 - $150 worth of stuff. I'm 19 and this is my first offense. I was stopped by security as I was leaving and then brought to the back room where they took back the clothes. They wrote down ID info and my social security number. They also took a photograph of me. No cops were called and I was walked out of the store and allowed to leave. I signed a Trespass Order and was banned from all Kohl's stores. They said I would receive a summons in a few weeks and I would have to pay up to $500, but that would just be from the store and would be on top of any other charges. I haven't gotten the letter yet, but judging from this story, what will most likely happen to me? Will I just have to pay the fine that will be that? Or will they press charges? If they do, I will probably have to go to court – what happens then? Will this be on my record?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Shoplifting at Kohl's

    A summons is a notice from a court to appear in relation to criminal charges. If they told you to expect a summons, they were likely telling you that they're turning the file they assembled over to the police to be reviewed for possible prosecution.

    Any time you commit a crime, you run the risk of a criminal record. That's the point, after all, of maintaining criminal records.

    We cannot tell you whether or not you will be charged. You'll have to wait and see. If you are charged, I suggest consulting a local criminal defense lawyer about the availability of diversion programs or deferrals that might keep you from ending up with a conviction on your record.

  3. #3

    Default Re: Shoplifting at Kohl's

    Thank you. I actually called the LP at Kohl's the next day and asked several questions that I had been too scared to ask about before. She was actually very polite and answered all of my questions to the fullest. I asked what exactly was going to happen, and she said that I would receive the Civil Demand (which I plan on paying right away) and then a summons to court, since it's Kohl's policy to prosecute all shoplifters. She said that from there, she didn't know what could happen, because it's up to the court system and not Kohl's. She said (if I understand all of this right) that I could just get another fine in the mail, or I would actually have to go to court. If I did go, she said it was common for people just to get a slap on the wrist and be let go, or to be fined and do community service.

    As far as a permanent record goes, it will show up that I was sent to court, but the severity of my record depends on the outcome of my case. She also said it will disappear in seven years.

    Now that I know all of this, I'm a bit more at ease since there are less "what if's" running through my mind. However, since I took $138 worth of stuff (that's what LP said on the phone), it's a bit more serious and my punishment could be more than just a fine.

    Okay so here's my actual question:
    Should I get a lawyer before I go into court the first time? I want to discuss whether or not I can qualify for a diversion program or something else that can lessen my punishment and/or keep this off of my record (if possible). Is it worth it (in terms of saving my sorry ass and some money) or should I just go into court with my parents and see what the judge says?

    If I don't get a lawyer, what am I supposed to do - just plead guilty? And what do I say/how should I act in front of a judge? I've never been in this type of situation before so I'm worrying about a lot of things. Any help would be fantastic.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Shoplifting at Kohl's

    Get a lawyer before court. He/she will be the best person who can advise you on a diversion program or a plea deal to a lesser charge. Many offer free initial consultations.

    If you can't afford a lawyer, plead Not Guilty and ask for a public defender.

  5. #5
    Join Date
    Apr 2010
    Posts
    3

    Default Re: Shoplifting at Kohl's

    Let me give this to you straight:

    Before you go getting a lawyer, go to court before your courtdate and sit in at an arraignment (times for arraignments are posted online for my county). Sit in the front row and listen to the County Prosecutor discuss the plea bargains they're giving those who plead guilty at the arraignment.

    Chances are, you wont get the charges lessened or dropped. A first offense is nearly ALWAYS a slap on the wrist. In my case, after a year of probation (pending no criminal offenses and payment of fines), the case is dismissed. It still shows on your record, but as dismissed. You can work to get it expunged later.

    Look, I took everyone on here's advice and pleaded "not guilty" at my arraignment and got a Public Defender. I got the same sentence and fines as those who pleaded "guilty" at the arraignment, AND I had to pay an extra $200 for the Public Defender and wasted more valuable time.

    I also took an online shoplifting class, at my expense, upon the recommendation of many on here. I completed it and brought the certificate to court and it did not even help me at all. It just cost me $55 dollars more than my fines and court fees, and I found the cheapest class to take.

    Spare yourself the trouble and take it from someone who's been through the process.

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Shoplifting at Kohl's

    The advice you are reading here, to plea Not Guilty, is from:
    - People who have been through this process (myself, with a lawyer)
    - Lawyers
    - Loss Prevention personnel.

    Every jurisdiction is different.

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