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I stole from macys , What are the possible consequences?
Anonymous3 views4 answers
So i stole from macys with my younger sister , she is 17 and i am 18 .. we both stole over $100 worth of merchandise . we didnt say we didnt take it and we both have a court hearing in a few weeks. what are the possible consequences ?
The first thing I would suggest is that you don't state your question as a statement. DO NOT ADMIT ANYTHING without the advice of a lawyer!
Many things will affect the outcome of this. Shoplifting is different than larceny. Exact amount of the items, what your criminal record shows, there are different factors. TALK TO A LAWYER!
Shoplifting punishment:
"......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."
Larceny:
"Whoever steals ...unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another, ... if the value of the property exceeds two hundred and fifty dollars, be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than two and one-half years, or by a fine of not more than fifty thousand dollars or by both such fine and imprisonment; or if the value of the property does not exceed two hundred and fifty dollars, shall be punished by imprisonment in the house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars or by both such fine and imprisonment. The court may order, regardless of the value of the property, restitution to be paid to the victim commensurate with the value of the property."
I agree with my colleague and he posted some great resources for you. I would emphasize the importance of calling an attorney who can represent you at the hearings.
At this point, you don't have a criminal charge, and the court hearing that you are scheduled for is to determine whether or not you should be charged criminally. This means that, if you don't have a record, you would be a step closer to creating one.
I agree that you shouldn't be posting specific facts on here. After that, however, you should know what to expect at your court hearing. First, Macy's likely had you sign a document promising to pay $500 as a civil fine. If they didn't do it at the store, the demand will arrive in the mail. I would advise my clients to NOT make payments or agree to anything until after the hearing. This is what Macy's wants from you, and the representative who attends your court hearings will be adamant about that. They want the civil money more than they want you prosecuted. They also want you to stay out of Macy's for a year, and likely made you sign a document that stated that they would charge you with trespassing if you entered their store.
You need to go to the hearing with an attorney to attempt to keep a criminal complaint from being entered against you. With an attorney, you may be able to get the court to either not issue the complaint or at least delay it for several months to give you the chance to prove that you won't get into trouble again. If you have no prior record, the attorney's job will be more straightforward. If you have a record, it's more difficult.
You are likely going to a Probable Cause hearing that is usually conducted before a criminal complaint is issued against you and before you are charged with a crime. The hearing will be in front of a Judge Magistrate. This hearing serves the purpose of determining whether or not, among other things, there is enough probable cause to charge you with a criminal complaint, and whether this case belongs in criminal court. Depending on your criminal history, your current status as a student or as an employee, your familial relationships, etc. you may be given a "pass". Also, it is very important to have an attorney represent your best interests in front of a Magistrate at the hearing. A local and experienced attorney may be able to persuade the Magistrate not to issue the criminal complaint and save you from having a criminal record (if you don't already have one).
Good Luck,
Law Office of Ilir Kavaja
30 Newbury Street
Boston, MA 02116
(617) 515-5545
www.KavajaLaw.com