If you are charged in MA, there is a chance to keep this off your record, depending on the circumstance. In most shoplifting cases, the criminal charge does not issue until after a Clerk's Hearing. If the Clerks feels there is sufficient probable cause and does not allow for an alternate disposition, then the criminal complaint will issue and you will be scheduled for arraignment. Once arraigned, the charge becomes part of your permanent criminal history. However, the Clerk may decide not to issue the complaint, either for lack of probable cause, or because they feel that an alternative disposition is appropriate. If you have not gone to a Clerk's Hearing yet, I strongly advise you to speak to an attorney. I represent many people in that situation and am successful far more often than not in securing a dismissal at that stage, saving my client a criminal charge. There is no rule that says you need to have an attorney, either at a Clerk's Hearing or even at the criminal arraignment. However, if you are serious about wanting to keep your record clean, hire a lawyer. A lawyer will almost always get a better result than a person without a lawyer. Many clerks will give you the benefit of the doubt just by virtue of the fact that you went to the trouble and expense of hiring a lawyer. Likewise, many see it as a lack of concern that people show up without counsel. It also tells the clerk that you have already paid some pain by having to dish out the money for a lawyer. In addition, there are many more important reasons to have counsel. If you wish to discuss this you can call me at the numbers below, assuming you were caught in Massachusetts. In any event, speak to an attorney before you go to court, regardless of the stage in the proceeding.
Answered on May 10th, 2013 at 3:26 AM