Massachusetts Criminal Defense Lawyer Blog

A 52-year-old woman is facing theft charges in Brockton after being accused of stealing money from a handicapped boy, the Enterprise News reported.

However, supporters say she is wrongly accused and is so committed to helping the boy that she has risked her name, reputation and friendships to protect the funds meant for his care. Sometimes, theft allegations are made against someone who has legal guardianship over a disabled adult, or even someone who is simply trying to do something to help someone else with their financial affairs or with a medical condition or other problem. Such cases can be complicated, particularly when solicited donations are involved.

In this case, the two versions played out at the woman's arraignment in Brockton Superior Court, where she is charged with stealing money from a fund to help a boy who is confined to a wheelchair and suffers from muscular dystrophy. She has pleaded not guilty to charges of larceny by embezzlement of a disabled person and willfully misleading a police officer.

A Massachusetts larceny charge (Ch. 266 Sec. 30) that accuses a defendant of stealing $250 or more from a person with a disability, is punishable by up to 10 years in prison and a $50,000 fine. The judge ordered Debra Enos to turn over $7,566 collected for the boy and to have no contact with either the child or his family.

Prosecutors say she stole all but $4.05 from the fund in February and closed the account. The state alleges she used an ATM card to withdraw money from the account on 46 different occasions and has six larceny-related cases on her record. A Massachusetts criminal defense lawyer will review her prior record and should seek to prohibit the past allegations from being used against her in this case.

She is scheduled to be back in court for a pretrial conference on July 8 and for a pretrial hearing on Sept. 27.