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  1. #1
    Join Date
    Jan 2009
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    4

    Default Significant Other Caught Shoplifting from Job

    My question involves criminal law for the state of: Massachusetts

    My BF was caught shoplifting at Circuit City. He had only did it because he was mad at the company for dumping people on the ground with the recent bankruptcy and closing of the store (he isnt the only one in the store to do it). He had to sign a written statement today in the store during his shift, and then was taken out in handcuffs. The police officer who arrested him had him go back to his house and retrieve the 2 items that were stolen and return them to the police station, and he also (on his own) gave the names of others who have stolen from the same store who are currently still employed there. The police officer told him that if he goes to the magistrate tomorrow and admits what he did was wrong and he did it out of anger of the company closing, that he wont get as bad of a "fine" as if he said something stupid or nothing at all, and also offered a written note from himself (the officer) stating that he feels that even though the crime was wrong, that because of his cooperativeness he shouldnt be dealt the swift hand. The items in question do total about $550 from what i calculated, and he has nothing currently on his record pre 18 and post 18 with this type of nature. Hes currently sleeping on my bed ATM and hes worried he is going to go to jail or not and all i can think of is that he will face fines and community service since he didnt resist and didnt detain any information about others shoplifting in the same store. I honestly dont know what else to tell him and I am confused on how to comfort him when I myself need advice as to what's really going to happen to him. Any information would be helpful and i did suggest he speak to a lawyer after tomorrow. The only odd thing is, is that he was arrested today and has a court hearing tomorrow, and it seems a bit unheard of, and he cant tell me whether or not the company wanted to press charges.

  2. #2
    Join Date
    Mar 2007
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    9,096

    Default Re: Significant Other Caught Shoplifting from Job

    If the police cuffed and stuffed him, you can go ahead and assume he was charged.

    I strongly recommend against talking to the magistrate without an attorney present. In fact, I am a little stunned that the cop would try to do that.

    He was basically telling your boyfriend to confess to the judge.

    That may not be in his best interest.

  3. #3
    Join Date
    Jan 2009
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    4

    Default Re: Significant Other Caught Shoplifting from Job

    I am wondering if he is going to go to jail. I asked him if he was cooperative with the police and didnt be an a-hole to them, and everything he did and said was far beyond what most people do (i.e. say im not talking or im not guilty or anything along those lines) including giving information on other shoplifters when he wasnt asked. When i was 16 a friend of mine and her sister stole 700$ worth of clothing from a JC Penney in a Mass store, and I got 6 mos probation, and 24 hr community service for just being present, and they also received the same sentence aswell, the same day in court. It was a first offense and I did what the judge sentenced me for, and I never went to jail and or juvenile hall for it. He's 22 and like i said before was cooperative with information and returning the merchandise, but he's still worried he will go to jail. Unfortunately its nearly midnight and its impossible to contact a lawyer at this time, and the supposed "prosecution" as what hes calling it, is at 8am, so im really in a rut as to how to help him in such little time with such little real life resources available.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Significant Other Caught Shoplifting from Job

    I am wondering if he is going to go to jail.
    If he goes before the Magistrate and pleads Guilty, he may well.

    He should show up for court, plead Not Guilty, and ask for a Public Defender. It's really a bad idea to plead Guilty, even when you are, because it leaves you no opportunity to try to get a lesser penalty.

    The cop gave him really bad advice.

  5. #5
    Join Date
    Jan 2009
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    Default Re: Significant Other Caught Shoplifting from Job

    Quote Quoting LawResearcherMissy
    View Post
    If he goes before the Magistrate and pleads Guilty, he may well.

    He should show up for court, plead Not Guilty, and ask for a Public Defender. It's really a bad idea to plead Guilty, even when you are, because it leaves you no opportunity to try to get a lesser penalty.

    The cop gave him really bad advice.
    If he does what you suggest, what exactly happens? does he wait there or does something get scheduled for another day or what?

  6. #6
    Join Date
    Jan 2009
    Posts
    4

    Default Re: Significant Other Caught Shoplifting from Job

    I just got a call from him a little while ago and he got some great news. He plead not guilty and asked for a court appointed lawyer, and they are going to dismiss the case or give him community service based on which one of those 2 the judge chooses in March on his court date. Im so happy and I wish that the person who "rang" him out and pressured him to do it, would stand up and be a man and be the one to be dealt a slap in the face for doing that versus my BF. All in all I am very relieved as I couldnt sleep last night.

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