Shoplifting Lawyer in Brockton

Charged With Shoplifting & Unsure What Happens Next? Contact Us For Experienced Legal Guidance

Being stopped by store security or contacted by the police for shoplifting can be frightening, especially if you have never been in trouble before. A moment in a store can suddenly turn into criminal charges that may affect your job, schooling, housing, or immigration status. If you are facing a shoplifting accusation in the Brockton area, Degiacomo & Mikhlin, P.C. is here to help you understand what is happening and what you can do next.

Our attorneys focus on criminal defense in Massachusetts and regularly assist people who are accused of theft and shoplifting offenses. We know that most clients feel embarrassed and overwhelmed, and they want clear guidance instead of judgment. 

At Degiacomo & Mikhlin, P.C., attorneys James G. DeGiacomo and Sergey Mikhlin draw on their experience as former prosecutors to assess the allegations, explain your options, and work to protect your record and your future. Criminal charges do not have to define your life. The sooner you speak with our team, the sooner we can begin helping you.

Don't let a shoplifting charge appear on your permanent record. Contact a shoplifting lawyer in Brockton at (617) 941-3666 or reach out online for a free consultation. Our former prosecutor is available 24/7 to start building your defense today.

Understanding Shoplifting Laws in Massachusetts

Shoplifting in Massachusetts is governed by Massachusetts General Laws Chapter 266, Section 30A. This statute is remarkably broad, covering much more than simply walking out of a store with an item.

The law defines shoplifting as intentionally engaging in any of the following acts with the intent to deprive a merchant of the value of their goods:

• Taking Possession or Carrying Away: Physically taking an item from the shelf and attempting to leave without paying.
• Concealing Merchandise: Hiding an item on your person or in your belongings while still inside the store.
• Switching Price Tags: Altering or swapping a price tag to pay a lower amount than the retail price.
• Switching Containers: Placing expensive items inside the box or container of a cheaper product.
• Ringing Up a False Price: Intentionally manipulating a self-checkout or register to record a lower price.
• Removing a Shopping Cart: Taking a cart from the premises without consent.

Shoplifting vs. Larceny

It is important to distinguish shoplifting from larceny under M.G.L. c. 266, § 30. While shoplifting specifically pertains to retail merchandise, the prosecution can choose to charge you with "Larceny Under $1,200" or "Larceny Over $1,200" depending on the value of the items. 

Generally, if the value is under $250, the charge is a misdemeanor. If the value exceeds $1,200, it can be elevated to a felony. A Brockton shoplifting attorney from our firm will analyze the specific charges filed against you to ensure you are not being overcharged by the District Attorney’s office.

Penalties and Collateral Consequences of Shoplifting Convictions in Massachusetts

The penalties for shoplifting in Massachusetts depend on the value of the goods and your prior criminal history.

Statutory Penalties for Goods Valued Under $250

• First Offense: A fine of up to $250.
• Second Offense: A fine between $100 and $500.
• Third or Subsequent Offense: A fine of up to $500, up to two years in jail, or both.

Statutory Penalties for Goods Valued Over $250

If the merchandise is valued at $250 or more, you could face up to 2.5 years in a house of correction and a fine of up to $1,000. If the value exceeds $1,200 and the state pursues a larceny charge, you could be facing a felony punishable by up to five years in state prison.

Collateral Consequences

As a shoplifting lawyer in Brockton, we know that the "official" sentence is only part of the problem.

• Criminal Record: Even a "minor" conviction appears on your CORI (Criminal Offender Record Information), which most employers in Massachusetts review.
• Professional Licensing: Convictions can trigger reviews by boards for nursing, real estate, or commercial driving.
• Immigration Status: Shoplifting is often classified as a "crime involving moral turpitude," which can have devastating effects on visa status or naturalization for non-citizens.
• Civil Demand Letters: Retailers often send "civil demand" letters demanding hundreds of dollars in damages. We advise our clients on how to handle these letters without inadvertently admitting to criminal guilt.

Our Comprehensive Approach to Shoplifting Defense

At DeGiacomo & Mikhlin, P.C., we don't treat shoplifting as a "minor" matter. Our strategy is built on nearly a decade of experience as a former prosecutor and includes:

• Reviewing Surveillance Footage: We meticulously analyze store video to see if the "concealment" was actually a mistake or if the person in the video is actually you.
• Challenging Loss Prevention: Store security guards are not police officers and often fail to follow proper procedures. We investigate whether you were unlawfully detained or searched.
• Negotiating Diversion: For many first-time offenders, we advocate for diversion programs that focus on education and community service rather than punishment.
• Attacking the "Intent" Element: We build a narrative that explains the context of the incident, such as medical issues, extreme stress, or simple human error.

What Happens After A Shoplifting Arrest Or Summons

Understanding the process can help reduce anxiety after a shoplifting incident. In Brockton, you may be arrested immediately or given paperwork to appear in Brockton District Court on a specific date. Knowing what to expect, including initial steps and court procedures, helps you approach the situation more confidently and ensures you are prepared for the first interactions with law enforcement or the court.

In some cases, a clerk magistrate hearing occurs before a formal arrest. At this hearing, the magistrate decides whether there is probable cause to issue a criminal complaint, which officially starts the case. Having a criminal defense attorney present before or during this hearing helps you understand the process, anticipate how evidence will be presented, and protect your rights from the earliest stage of the case.

If a complaint is issued, the next step is usually an arraignment, where charges are formally read and entered on your court record. After arraignment, cases often move through pretrial hearings, negotiations, or motions, depending on the facts and your history. Your attorney guides you through each stage, explains your options, and ensures you are supported, informed, and actively involved in decisions affecting your case.

How Our Attorneys Approach Shoplifting Criminal Defense

At Degiacomo & Mikhlin, P.C., our work is focused on defending people accused of crimes in Massachusetts, including theft and shoplifting cases. When you contact us, our attorneys look at the facts of your situation, the paperwork you received, and any information about the store and police contact. Because we concentrate on criminal defense, we are familiar with the statutes and court procedures that control these matters.

James G. DeGiacomo and Sergey Mikhlin are former prosecutors, which is an important advantage for someone facing a shoplifting accusation. As prosecutors, they learned how the Commonwealth builds these cases through loss prevention reports, statements, video footage, and store policies. 

Now, on the defense side, they can use that perspective to identify potential weaknesses, such as problems with identification, disputes about the value of the items, or questions about whether there was intent to steal.

Our attorneys do not take a one-size-fits-all approach. They review how the incident was handled at the store, whether your rights were respected, and what evidence may exist. Then they work with you to develop a plan that may include challenging the strength of the evidence, negotiating with the prosecution, or pursuing resolutions that limit the long-term impact of the case when the law and the facts allow it.

Steps To Take Now If You Are Accused Of Shoplifting

There are practical steps you can take right away to help protect yourself before your court date. These actions can support your defense and reduce the risk of doing something that harms your case.

Consider taking the following steps as soon as you can:

• Keep all paperwork you received from the store or police in a safe place so you can show it to your attorney.
• Write down your memory of what happened, including who spoke to you, what was said, and whether anyone mentioned cameras or witnesses.
• Avoid discussing details of the incident on social media or with people who are not directly involved in helping you with the case.
• Be cautious about speaking with police or store representatives about the incident without first getting legal advice.
• Make sure you know when and where you must appear in court, and plan to arrive early on that date.

Speaking with a shoplifting attorney Brockton residents can rely on for criminal defense guidance can help you make informed decisions about what to do next. When you contact Degiacomo & Mikhlin, P.C., our attorneys can review these initial steps with you, clarify any confusion about your paperwork, and outline how they would approach your defense based on your specific circumstances.

Talk With A Shoplifting Criminal Lawyer About Your Case

Degiacomo & Mikhlin, P.C. is available around the clock to talk with you about a shoplifting or other criminal charge. We will listen to your concerns, review the information you have, and explain how our criminal defense representation works, so you can make informed decisions about your future. Your conversation with us is confidential and focused on helping you regain a sense of control over what happens next.

To discuss your situation with our shoplifting attorneys in Brockton, call (617) 941-3666 or fill out our online form today.