May 23, 2013
- Steven Topazio wrote this May 5, 2014 at 3:00 am
A 20 year old college student who received a summons for shoplifting hired Boston Criminal Defense Attorney Steven J. Topazio to represent him. According to the merchant, the client opened packages and concealed the items on his person and tried to leave the store without paying. According to statute, any person who intentionally transfers any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof shall be guilty of shoplifting. Attorney Topazio met with his client and pointed out that despite being caught and summonsed to court for a Magistrate hearing, his client received a huge break from the police who decided not to arrest him. According to Massachusetts law, Law enforcement officers may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined by statute. The statement of a merchant or his employee or agent that a person has violated a provision of the shoplifting statute shall constitute probable cause for arrest by any law enforcement officer authorized to make an arrest in such jurisdiction. Today, Attorney Topazio took advantage of this opportunity and convinced the Magistrate, despite the Magistrate’s finding probable cause that his client shoplifted, to hold the complaint for six months on the condition that if his client stay out of trouble the complaint will be dismissed.