My question involves criminal law for the state of: MA
I have a few questions. Please don't judge me for what I did; I made a poor decision, and now I regret it more than anything I have ever done. I'm not a bad person. I'm really not.
A few days ago, I took some clothes from Macy's in Boston, and I was stopped by loss prevention personnel on my way out. They took me to a room in the basement of the mall, and had me sit on a bench while they processed some paper work (one of the employees took a picture of me with his phone). They went through my bag and my shopping bag and pulled out the items I took. I admitted to everything I did, and they had me sign some papers testifying to that. I was literally in tears throughout the entire process. They said the police would be there soon, even though I repeatedly requested them not to do so. I promised that I would never come back to the store again or to repeat my actions. I also offered to pay the value of the goods that I had taken. In the end the police never came, and the staff said it was because they called off the report.
They did however make me pay $100 out of $500 in civil demands, and the expectation was that I would pay the rest later. They also said that Macy's would prosecute me, and that I could expect a notice to appear in court in the mail. The LP officer said that though he sympathized with me, he still had to do his job and follow company policy. He said that, at the hearing, the clerk would decide whether or not to bring the case before a judge. He said that most of the times, the clerk will hold the case for six months, and, if there is no further criminal activity, the case would be dismissed without ever appearing on record. This is somewhat different from what I've read online; it seemed to me that the clerk magistrate hearing simply determines if there is probable cause to file charges, not how to proceed with them. Right now, I'm scared more than I describe about what's going to happen next. I don't know if Macy's will actually prosecute the case, or if they will only make a civl demand. The items I took were valued at roughly $105. I have never been arrested or charged with anything before. Not even a parking ticket. I don't know what to do.
>In your experience, given what transpired, how likely is it that Macy's will prosecute? Does paying the civil demand reduce the probability of such action? I understand that the civil demand, and criminal complain are two completely separate processes, but there must be some correlation between them.
>Why would Macy's prosecute later on, when they could have done so in the moment by calling the police to the scene?
>When seeking legal counsel (assuming I do get a notice to appear) should I admit to my wrong doing, or should I just say I never did anything wrong?
>What chances do you think I have of having the case dismissed at the clerical level?
> Is there any merit to trying to negotiate with Macy's with the assistance of an attorney? I would be willing to pay a significantly higher amount than the one that they are asking seeking if it means that they would not prosecute me - I'd much rather have the peace of mind of putting this all behind me without a entry on my record.
>Finally, I'm not a U.S citizen. I'm currently in the process of applying to adjust my status to a Permanent Resident. What consequences do you think this may have on on my immigration status?
I'd appreciate your thoughtful advice on this matter.
~R
I have a few questions. Please don't judge me for what I did; I made a poor decision, and now I regret it more than anything I have ever done. I'm not a bad person. I'm really not.
A few days ago, I took some clothes from Macy's in Boston, and I was stopped by loss prevention personnel on my way out. They took me to a room in the basement of the mall, and had me sit on a bench while they processed some paper work (one of the employees took a picture of me with his phone). They went through my bag and my shopping bag and pulled out the items I took. I admitted to everything I did, and they had me sign some papers testifying to that. I was literally in tears throughout the entire process. They said the police would be there soon, even though I repeatedly requested them not to do so. I promised that I would never come back to the store again or to repeat my actions. I also offered to pay the value of the goods that I had taken. In the end the police never came, and the staff said it was because they called off the report.
They did however make me pay $100 out of $500 in civil demands, and the expectation was that I would pay the rest later. They also said that Macy's would prosecute me, and that I could expect a notice to appear in court in the mail. The LP officer said that though he sympathized with me, he still had to do his job and follow company policy. He said that, at the hearing, the clerk would decide whether or not to bring the case before a judge. He said that most of the times, the clerk will hold the case for six months, and, if there is no further criminal activity, the case would be dismissed without ever appearing on record. This is somewhat different from what I've read online; it seemed to me that the clerk magistrate hearing simply determines if there is probable cause to file charges, not how to proceed with them. Right now, I'm scared more than I describe about what's going to happen next. I don't know if Macy's will actually prosecute the case, or if they will only make a civl demand. The items I took were valued at roughly $105. I have never been arrested or charged with anything before. Not even a parking ticket. I don't know what to do.
>In your experience, given what transpired, how likely is it that Macy's will prosecute? Does paying the civil demand reduce the probability of such action? I understand that the civil demand, and criminal complain are two completely separate processes, but there must be some correlation between them.
>Why would Macy's prosecute later on, when they could have done so in the moment by calling the police to the scene?
>When seeking legal counsel (assuming I do get a notice to appear) should I admit to my wrong doing, or should I just say I never did anything wrong?
>What chances do you think I have of having the case dismissed at the clerical level?
> Is there any merit to trying to negotiate with Macy's with the assistance of an attorney? I would be willing to pay a significantly higher amount than the one that they are asking seeking if it means that they would not prosecute me - I'd much rather have the peace of mind of putting this all behind me without a entry on my record.
>Finally, I'm not a U.S citizen. I'm currently in the process of applying to adjust my status to a Permanent Resident. What consequences do you think this may have on on my immigration status?
I'd appreciate your thoughtful advice on this matter.
~R
Retail Fraud / Shoplifting: Shoplifting at Macy's in Boston Ma
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