A Quincy, Massachusetts woman is facing charges of shoplifting and receiving stolen property according to the Patriot Ledger. The Ledger reports that the woman is charged with having stolen shoes from Sears in the South Shore Plaza in Braintree. Store security stopped the Quincy Woman, Doreen Cunningham and found shoes on her and additional items in her car.
An interesting issue that a Massachusetts criminal lawyer would explore is when store security made the stop and detained Ms. Cunningham. If she was detained prior to her reaching the car, she may have a basis to suppress the evidence found in the car as there would not be probable cause to search her car.
It appears that the charge of receiving stolen property concerns the items found in the car, that the security did not witness being taken from the store. A charge of receiving stolen property requiring the Commonwealth to prove the following elements. that the property was stolen, that the defendant knew that the property was stolen and that the defendant knowingly had stolen property in his or her possession. Generally, a trial on the charge of receiving stolen property centers on the issue of whether the defendant knew the property was stolen. In cases where a defendant is caught with recently stolen merchandise, there is a presumption that a defendant knew the items were stolen if other evidence supports an inference of knowledge.
Attorney DelSignore is a Massachusetts criminal defense attorney, representing clients on a variety of criminal charges including OUI/DUI offenses, drug cases and theft and larceny charges. If you were charged with a criminal offense in Massachusetts, call Attorney DelSignore so he can explain your potential defenses and possible consequences of a conviction of the charge. Attorney DelSignore is available nights, evenings and weekends and answers most calls personally. Call now, 508-455-4755.
