Massachusetts Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager

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Multi-State
Control #:
US-02212BG
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87 downloads

Description

False imprisonment is defined as consisting of unlawful restraint against the will of an individual's personal liberty or freedom of locomotion. Unlawful detention is the basis of false imprisonment. It is also defined as any intentional detention of the person of another unauthorized by law.


False imprisonment is confining or physically restraining a person, such as by being locked in a car, being tied to a chair or locked in a closet, with no legal authority to hold the person. It is similar to a charge of kidnapping and it usually occurs in conjunction with a false arrest. False imprisonment is often a crime and if proved is almost always the basis of a lawsuit for damages.


Any intentional detention of the person of another not authorized by law is false imprisonment. It is any illegal imprisonment, without due process or under a false authority, without consideration of whether any crime has been committed or a debt due.

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  • Preview Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager
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FAQ

Can I Sue Walmart For False Accusations Of Theft And Detainment? You may have a claim for false imprisonment and defamation against Walmart if you can prove that the store detained you and made false accusations of theft without a reasonable belief that you were actually committing a crime.

Admitting to previous thefts can expose you to added criminal charges. This can result in facing multiple charges, thereby heightening potential penalties.

Probable cause is another area where a Massachusetts defense lawyer can frequently challenge shoplifting charges. Inappropriate actions of store employees, store security guards or police officers may be grounds for having a shoplifting charge dismissed.

If you shoplift items less than $100, a fine of $250 for a first offense and $500 for a second may be levied. However, once you cross the threshold, shoplifting is much more serious, carrying potential jail time of 2 ½ years and a $1000 fine.

5 Steps To Take If You're Wrongfully Accused of Theft Step 1 - Calm Down. A false accusation of theft is frightening because it could land you in jail. ... Step 2 - Look for Evidence. How do you prove you are innocent when accused of stealing? ... Step 3 - Understand Your Rights. ... Step 4 - Don't Talk. ... Step 5 - Work with a Lawyer.

Massachusetts Shoplifting Statute of Limitations In the Commonwealth of Massachusetts, the statute of limitations is six years for larceny or theft. This means that legally, the store can press charges against you anytime within six years of the shoplifting incident, even if you weren't caught in the store.

First Offense: Maximum Fine of $250. Second Offense: Fine from $100 to $500.

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Massachusetts Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager