Massachusetts Criminal Lawyer Blog
On August 15, 2024, BS, a 57 year old professional woman, went to the Target store in Danvers. She shopped and filled up a shopping cart with merchandise. She then went to the self-checkout area and began to scan her items. When she was done scanning she paid $313.64 on her credit card and then headed out of the store. Just as she got out of the store she was stopped by store security and then brought back into the store to the loss prevention office. There was $276.87 in merchandise in her cart that she had not paid for. There was video of her at the self-checkout which allegedly showed her not scanning certain items. BS was told she would receive a notice from the Salem District Court. BS consulted with and retained Attorney Robert Lewin from Andover.
BS insisted that she did not intentionally fail to scan anything. Apparently there were some items at the bottom of her cart that she mistakenly forgot to scan. The Danvers Police had been called to the store and Attorney Lewin was able to obtain a copy of the Danvers Police report. That report seemed to corroborate what BS was saying. Attorney Lewin made contact with the loss prevention officer form the store and advocated for the store not to seek a criminal complaint.
On September 20, 2024, BS and Attorney Lewin appeared at Salem District Court for the hearing. Attorney Lewin was thoroughly prepared. Attorney Lewin furnished a copy of the Danvers Police Report to the Clerk Magistrate. That report (which the store did not want the Clerk-Magistrate to see) corroborated what BS was saying.
After hearing, the Clerk-Magistrate declined to issue a criminal complaint against BS. The Clerk-Magistrate said he was going to hold the papers open for six months and as long as BS stays out of trouble the store’s application for a criminal complaint would be fully denied and dismissed at the end of the six months.
As a result of this disposition, Attorney Lewin explained the following to BS:
- NO criminal complaint was issued against BS.
- BS was NOT charged with any criminal offense.
- BS did NOT have to return to court and go before a judge.
- NO entry would be made in the Criminal Offender Record Information (CORI) system against BS.
- BS would have NO criminal record as a result of this case.
BS left the Salem District Court very relieved and thanked Attorney Lewin for a job well done.