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  1. #1
    Join Date
    Aug 2007
    Posts
    1

    Default Shoplifting Trouble in Massachusetts

    My younger brother got arrested for shoplifting. Stupid thing to do. He was visiting here, he has an out of state licence, and no local address in MA so the security officers that arrested him were going to take him to the police station unless he produced a local address where a summons could be issued by their lawyer to appear at the clerk magistrate. Not wanting to involve me, he gave a bogus address. He is planning on moving up here and the amount he shoplifted came to around $600 which makes it a felony, i believe. ( As a side note, I think this is bogus since all the merchandise he stole was 50% to 90% off but this was not how they priced it in the report which makes his crime much more serious)

    My questions are these: Is there a default judgement for the plaintiff when he fails to appear eventhough the summons wont be received by him in order to appear? Is there a chance that the magistrate will dismiss the case? How long does it take for the default judgement to become a warrant? Finally, without resources to hire a lawyer, is there something he can do to beat this wrap on his own? He has a completely clean record, is there a first time shoplifting offenders program in Boston he can sign on to?

    The sooner I can hear back the easier it will be for me to help him do the right thing. Please keep in mind he does not wish to do time or has the money to pay the maximum fine for the offense which i believe is $1000.

    Thank you.

  2. #2

    Default Re: Shoplifting Trouble in Massachusetts

    Well they would have taken a photo of his Drivers license, which would have a home address so they'll find him, so telling that lie didn't make it any easier. The only default judgment would be to issue a bench warrant for failure to appear in court, which compounds the situation especially if he wants to get this taken care of. If you can't afford an attorney get a public defender. As for consequences he can't avoid those especially anything with felony attached.

    Best thing to do would be to go back to the store and give them a real address, or even have him set up P.O. box (if he's worried about someone else seeing a summons) and have them send it there. just have him do that and consult his lawyer about diversion program (if applicable). And best of luck

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