Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Criminal Defense Attorney Needed For Two-Time Shop Lifter

You know, sometimes you’ve just got to be proud to be American. After all, the pioneering spirit, that drive to be creative, still exists…even in these troubled times. Less than an hour away from historic downtown Boston, where there are a plethora of structures dedicated to our revolutionary past, is a place called Brockton.

And in Brockton, there is the fellow about which I refer. And not so far away from him, I would imagine, is his criminal defense attorney.

Gerard G., 25, of Brockton (hereinafter, the “Defendant”) went to Braintree to do his shopping on Monday. Well, not exactly shopping, according to the police. “Shopping” is when you give United States currency in return for the items you wish to take. He only did half of that.

Twice in one evening.

He was arrested the first time for shoplifting. In true pioneering fashion, he went back in.

And was arrested again.

The first event took place just before 7 p.m. when, police say, the Defendant was caught on video stealing $1,762 worth of Coach bags at Lord & Taylor in the South Shore Plaza.

He was arrested for the larceny and then released on bail at about 8:40 p.m. That’s when he went to celebrate his freedom, presumably repeating the mantra, “When at first you don’t succeed..”. He allegedly went to the Kmart on Grossman Drive. That’s where, police said, he was caught stealing $800 worth of bracelets and other merchandise.

Officer Michael Want recognized the Defendant as the man he had taken to the police station less than two hours before.

Do not get the feeling that the Defendant is not learning, however. The first time he was arrested, he struggled when members of the Lord & Taylor loss-prevention staff held onto him until police officers arrived and arrested him.

There is no report of such resistance at the Kmart.

The Defendant was kept overnight at the Braintree police station and arraigned Tuesday in Quincy District Court where he was ordered held on $5,000 cash bail.

Attorney Sam’s Take:

We may never know whether the third time is the charm for the Defendant. Perhaps he has learned another traditional American saying, “Crime does not pay”.

Many people feel that the crime of shoplifting is not all that serious. That is, until they are arrested for it.

The laws regarding shoplifting in Massachusetts are somewhat complex, but the bottom line is the value of the items stolen. In this case, the Defendant has committed not simply a misdemeanor shoplifting.

He has committed Grand Larceny. This is a felony charge, as are Robbery and Burglary.

If he is unable to make his $5,000 bail, he will await his next court date (May 1st) in custody. If he is still unable to make bail, he may simply await trial as a guest of the Commonwealth.

The cut-off between Petit Larceny and Grand Larceny is $250. This means that, in both cases, he could be indicted on felony charges. There is also the matter his resisting arrest which could bring Massachusetts assault charges as well.

If convicted of these crimes, regardless of jail sentence, the Defendant will be stigmatized for the rest of his life. He will have a felony record. This means that the answer to job-related, or, often, license-related questions such as “Have you ever been convicted of a crime” and “Have you ever been convicted of a felony” will have to be answered in the affirmative.

You would be surprised at how that can have impact down the road.

For example, if he were not a United States citizen now…he might never be able to become one.

The bottom line? There is no “non-serious” crime once you are arrested. Regardless of the charge, contact an experienced defense attorney, who can at least advise you as to the realities of the situation, as soon as possible to protect your rights.

The full article of this story can be found at http://www.enterprisenews.com/news/x481146599/Braintree-police-arrest-Brockton-man-twice-in-one-day-on-shoplifting-charges

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