Submitted by Anonymous on Sun, 06/13/2010 - 09:19
My 19 year old daughter was caught shoplifting a few weeks ago at a local drug store ($15 make up kit). I guess I was hoping the whole thing would go away but we got a summons to appear for something like a magistrate hearing. Any thoughts on how to handle this? She has never been in any trouble before but she just made a stupid mistake.
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Editor's Response
My advice would be to avoid taking this lightly. The clerk-magistrate hearing is your best chance to get the matter resolved without creating a blemish on your daughter's record. For that reason, If it were my daughter, I would hire a Massachusetts criminal law attorney who works in the court in question and who knows the people and the procedures of the court. He or she may be able resolve the matter at the clerk-magistrate hearing or prior to the arraignment. If your daughter is arraigned, the shoplifting charge will appear on her record, even if she is later acquitted. Given that a first offense of shoplifting is often dismissed (with court costs), the key issue here is not the possible punishment, but the preservation of your daughter's clean record. Good luck
shoplifting
I agree with the editor. A Magistrate hearing will be a closed hearing with you and your daughter, a representative from the police department and a clerk magistrate. The officer basically reads a police report and you or your attorney can cross examine the officer and then present any evidence you want. A criminal defense attorney familiar with the court can often times obtain successful results at this stage, where the goal is to avoid a complaint issuing and preserve your daughter's record. Damian N. Riddle