Massachusetts Criminal Defense Lawyer Blog

Two people are facing theft charges in Braintree, Massachusetts after authorities say they shoplifted $3,500 worth of sterling silver jewelry from a store in South Shore Plaza.

Brittany M. Sarni, 19, of Quincy and Peter L. Candelora, 34, of Plymouth, were arraigned Thursday in Quincy District Court.

The Patriot Ledger reported that security officers at Lord & Taylor watched the couple Wednesday afternoon as they transferred pieces of jewelry from one rack to another. Security report the tactic is commonly used by shoplifters so they can quickly grab the items as they are leaving the store.

The suspects left without the jewelry but returned several hours later. Security personnel report that Sarni concealed the jewelry in her sweater, rolled it up and placed it in her backpack, and exited the store. She met Candelora at a bus stop, where the two were stopped and the backpack was search by police.

Thirty-four pieces of jewelry were found, valued at about $3,450.

Continue reading "Pair faces theft charges in Quincy District Court after Lord & Taylor shoplifting incident" »

Five suspects are facing Massachusetts shoplifting charges in Attleboro after being accused of stealing at least $2,500 in merchandise from Route 1 stores using a "boosting bag," the Sun Chronicle reported.

The defendants were arraigned in Attleboro District Court on related charges as police continue to inventory perfume, candles, alcohol, cosmetics, batteries and other items. A booster bag is a shopping bag designed to foil electronic security systems in store entrances and exits.

Prosecutors allege that the defendants were acting together to carry out the thefts. Most were ordered held in jail following the arraignment. Lavina L. Qualls, 25, of Providence; Tyris D. Nealy, 29, of Woonsocket; Dennissa J. Porter, 20, of Providence, and Robert A. Rowe, 29, of Providence. One suspect, Josue Gonzalez, 20, of Providence, was freed without bail because he has no prior criminal record.

The suspects were arrested shortly before 9 p.m. Tuesday when a patrolman spotted two women running from store security in the parking lot outside Bed, Bath and Beyond. One suspect reportedly ditched a bag of candles beneath a car. Gonzalez and Rowe, who is handicapped and uses a wheelchair, were arrested inside the car, where police found a boosting bag and numerous items of merchandise.

The items were from Victoria Secret and Ocean State Job Lot.

Still, the district attorney was forced to dismiss some of the larceny and receiving stolen property charges against some of the defendants after their defense attorneys argued police failed to establish probable cause for the vehicle search. Police cannot search your person, vehicle or other property without establishing legal grounds. When a defendant's rights are violated, an Attleboro criminal defense lawyer can frequently prevent the evidence form being used in court. A reduction or dismissal of the charges often results.

Continue reading "Charges dismissed in Attleboro shoplifting case after Massachusetts criminal defense lawyers argue officers lacked probable cause" »

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.

Continue reading "Brockton larceny charges accuse woman of stealing from fund meant for handicapped boy" »

A tall man is charged with a Massachusetts shoplifting offense from Lucky Brand Jeans. According to a news account, Maurice Thomas was wearing a baseball hat and is alleged to have left the store with a shirt and a pair of jeans. A police officer is alleged to have seen the defendant with two other individuals and the defendant walk away from the officer. The police searched the defendant and did not find any merchandise.

The police then stopped the vehicle believed to have been occupied by Thomas, a Gray Dodge Avenger where the jeans were found. Thomas' Massachusetts criminal defense lawyer may want to file a motion to suppress as it appears there was not a Constitutional basis for the stop. The general rule in Massachusetts and throughout the United States is that warrantless searches are presumptively unreasonable unless falling within one of the narrow exceptions to the warrant requirement. One exception is the automobile exception where a police can make a warrantless stop if there is probable cause to believe that the vehicle contains evidence of criminal activity. In this case, Thomas was searched without the police finding anything on him there would be a strong argument that there was not probable cause to search the car. It will be critical as to how the testimony at a motion hearing establishes what information the police had prior to searching the vehicle.

While this case raises an interesting legal issue, if the defendant has no record or a relatively minor record the case can likely be resolved without the defendant incurring the risk of a criminal conviction.

Continue reading "Dedham Shoplifting case of extremely tall man raises Constitutional defenses " »

A Brockton woman and a Fall River man face Massachusetts criminal charges of receiving stolen property and conspiracy to commit a crime in connection with a shoplifting scam that used fake receipts, the Brockton Enterprise reported.

Police say Natalie Tanya Reyes, 19, of 23 Marion Ave., Brockton, and Andre K. Samuel, 27, of 119 Wade St., Fall River, made fake receipts with a printer rigged up to a car cigarette lighter. The receiving stolen property charge alleges a value greater than $250. Under Massachusetts law, the charge carries a penalty of up to five years in prison. A value under $250 is punishable by up to 2 1/2 years in prison.

The two were arrested during a traffic stop on westbound Route 9 at the Natick Collection. Samuel reportedly told officers his license was suspended; he was arrested after police determined the car was rented and he did not have permission to drive it.

During the arrest, officers found $330 worth of clothing from a children's store. Police also found a home printer, copier and scanner powered by an adapter that plugged into a car cigarette lighter, along with a blank roll of register receipts. In this case, a Framingham defense lawyer will likely take a close look at the probable cause for the traffic stop, as well as the search of the vehicle. If it can be proven that the search of the vehicle was improper, the evidence would not be permitted to be used in court against the defendants.

Police contend the pair shoplifted items, or obtained them with fraudulent store credit, created receipts and returned them for cash.

Reyes also was charged with uttering a false document and larceny of less than $250. Police report she had an outstanding warrant issued through Quincy District Court , charging her with larceny of more than $250 and receiving stolen property worth less than $250.

Samuel was also charged with driving without a license and using a vehicle without authority.

Both defendants pleaded not guilty in Framingham District Court on Monday and were released without bail. They are due back in court for a pretrial conference on July 8.

Continue reading "Shoplifting scam leads to receiving stolen property charges in Framingham District Court " »

Massachusetts Shoplifting charges were brought against, Jason Leal, of Cumberland, Rhode Island after a news account claims that Leal ran out of BJ's without paying for approximately $ 177.00 worth of DVDs. Leal was also charged with possession of burglarious tools. As a Dedham Criminal Defense Lawyer, I have seen many shoplifting and larceny cases where the police bring this additional charge based on the defendant possessing a box cutter or knife to cut through a box.

Massachusetts Criminal Law Chapter 266 Section 49 penalizes an individual who possesses a burglarious tool. One of the elements of the offense is that the tool must be capable of breaking into a building, room, vault or safe (place for keeping valuables.) Simply put, a box cutter cannot be a burglarious tool because it is incapable of breaking into a building. A Massachusetts criminal defense lawyer could file a motion to dismiss to have this charge dismissed by the court as inappropriately charged and without probable cause.

In this case, like many other criminal cases, the police departments sometimes overcharge a case. As an experienced Massachusetts criminal defense attorney, it is important to review each charge carefully to ensure that there is a legal basis for the charge being filed in court.

Continue reading "Massachusetts Shoplifting charges brought in Dedham District Court against man for allegedly stealing from BJ's " »

A 38-year-old Stoughton woman with a history of shoplifting has been charged with stealing handbags from the same store where she was arrested two years ago, the Stoughton Journal reported.

Candice A. Kalp was arrested after allegedly stealing two handbags from the Lord and Taylor store at the South Shore Plaza. Police reported that a loss prevention officer at the store saw her take the handbags into a fitting room, where she removed the security sensors and concealed the handbags in her own bag.

She was detained in the parking lot after exiting the store, where she briefly resisted before being restrained, according to police. She faces a Massachusetts shoplifting charge of larceny over $250. The value of the two bags, a Juicy Couture and Kate Spade, was reported at $483.

Continue reading "Stoughton woman arrested and charged with Massachusetts shoplifting offense from South Shore Plaza store " »

Two women face larceny charges after being arrested and accused of shoplifting in Braintree, the Patriot Ledger reported.

The women are accused of stealing more than $2,000 worth of clothing from four South Shore Plaza retailers, according to police.

Laura J. Lambert, 50, of South Boston and Tara P. Daniels, 23, of Braintree, face three counts of larceny of property valued at more than $250, one count of larceny of property valued at less than $250, and possession of Seroquel with intent to distribute. Seroquel is a Class E substance under Massachusetts drug laws. Both women will face the charges in Quincy District Court.

Braintree police allege the women fled with stolen merchandise from the American Eagle store. A plaza security officer spotted them leaving the parking garage in a black Honda Civic. The officer followed the car onto Common Street, where it was stopped by police.

A search of the Honda found stolen merchandise from Abercrombie and Fitch, American Eagle, Hollister and Banana Republic, according to authorities. Value of the merchandise is reported as $2,150. Police also report finding 42 1/2 Seroquel prescription pills in a bottle listed in another person's name.

A Quincy criminal defense lawyer will likely challenge the probable cause for the traffic stop and the search of the vehicle under Massachusetts search and seizure law.

Continue reading "Braintree shoplifting allegations lead to Massachusetts larceny charges in Quincy District Court" »

An 18-year-old man has been arrested by Dedham police and faces numerous charges after police responded to a report of a housebreak in violation of a restraining order, according to the Dedham Transcript.

Charges against Dennis Rogers Jr. include violating a restraining order; assault and battery with a dangerous weapon, to wit a door; breaking and entering in the daytime for a felony, placing a person in fear; receiving stolen property over $250; and assault and battery. Massachusetts domestic assault cases frequently involve restraining orders, which prevent a defendant from going near a victim or otherwise making contact through telephone, e-mail or other forms of communication.

Police responding to a Farrington Avenue address reported Rogers started running through several backyards and jumping fences. Several residents pointed officers in Rogers' direction and he was arrested in the backyard of a Crest Avenue home, according to police. The victim reported that she returned home to find food missing from the refrigerator, money missing from her son's wallet and a GPS unit missing from the pantry.

She reported that she confronted Rogers on the street and he began pushing her. She took the items from him and he chased her back to the house, police reported. She told police he hit her several times with the door as she was trying to shut him out of the house. He then began chasing her through the house and pushing over furniture, until she managed to call police.

Rogers pleaded not guilty in Dedham District Court and is due back in court on April 27.

Continue reading "Dedham man faces breaking and entering charges, violation of a restraining order" »

The owner of a closed Quincy massage school is facing Massachusetts larceny charges after two former students accused her of taking tuition money after the state had suspended the school's license last June, the Patriot Ledger reported.

Elizabeth Hunter-Vasco, owner of the John Winsolow Institute School of Massage on Hancock Street, has pleaded not guilty in Quincy District Court to two charges of larceny over $250. A lawyer representing eight other former students said he is considering pressing charges.

The charges stem from criminal complaints filed by two former students, who claim they were denied massage therapy licenses after completing classes because the school's license to teach the certification courses had been suspended. The owner has applied for a new license and was released from court on personal recognizance. She is due back in court on May 26.

Her attorney said his client "looks forward to defending herself." He said no criminal acts were committed and that the owner has no income because her business has been ruined. Twenty-six students were enrolled in the school when it abruptly closed in January. The students have not received tuition refunds, according to the Patriot Ledger. Others, who bought gift certificates for tuition to the school, have also lost their money.

Continue reading "Massage school owner faces Massachusetts larceny charges" »

Two area residents are facing Massachusetts shoplifting and larceny charges in Quincy District Court in connection with alleged thefts from South Shore Plaza stores, the Patriot Ledger reported.

A Massachusetts shoplifting lawyer should be called to represent anyone facing theft or shoplifting charges in Quincy or the surrounding area. A retail theft charge can have serious consequences and a record of shoplifting or theft can make it difficult to obtain employment or hold certain jobs and may even impact your ability to get a loan or rent an apartment.

The Patriot Ledger reported that a 30-year-Randolph resident faces larceny charges after being accused of taking $850 in merchandise from a South Shore Plaza retailer. He was charged with larceny over $250 after a store security guard at Macy's reported seeing him conceal 12 items of clothing and attempt to leave the store without paying.

In a separate incident, a Milton women who was arrested and charged with shoplifting, now faces an additional charge of malicious destruction of property after authorities accuse her of damaging a store security office.

The 21-year-old woman was arrested after allegedly stealing two pairs of earrings worth $130 from Lord & Taylor, according to police, who also contend she punched two large holes in the walls with her fists and elbows.

Both defendants face arraignment in Quincy District Court.

Continue reading "Pair facing Massachusetts shoplifting and larceny charges in connection with thefts from South Shore Plaza stores" »

A New Bedford district court judge allowed Massachusetts larceny charges to go forward in a case of an apparent damsel in distress who is accused of tricking people into giving her money by pretending to be in distress, according to the Southcoast Today news paper.

The defendant, Wendy Price-Baldassari's Massachusetts criminal defense lawyer filed a motion to dismiss the charges arguing that there was no probable cause for the magistrate to allow the charges to be brought to court. A motion to dismiss is a motion that can be raised prior to trial and seeks to have the charges dismissed based on a lack of probable cause. A motion to dismiss can encompass the entire criminal complaint or may target one or more charges in attempt to have them dismissed. When a judge reviews a motion to dismiss, the judge construes the complaint in the light most favorable to the Commonwealth to determine whether the magistrate properly found probable cause to issue the complaint. Probable cause is a low standard of proof that is much less than the standard of proof at a criminal trial, which requires proof beyond a reasonable doubt. The judge in Price-Baldassari's case denied the criminal defense lawyer's motion to dismiss, meaning that the case will proceed through the discovery and pretrial phase, and may require a trial for resolution.

Continue reading "Judge allows New Bedford, Massachusetts larceny charges to proceed in "damsel" case " »

A Brockton firefighter is facing a Massachusetts larceny charge for allegedly stealing money from a superior in order to buy drugs, the Brockton Enterprise reported.

A Brockton criminal defense attorney should be called to represent anyone facing theft or drug charges in Brockton District Court. As this case illustrates, fighting such charges can be a critical step to protecting your job and future ability to obtain employment.

In this case, the defendant is accused of stealing $120 from a lieutenant's locker at the North Cary Street station as fellow firefighters responded to a fire-alarm box and Ames and Intervale streets. The firefighter has since entered a drug treatment program, where he continues to receive treatment, according to court records.

The 26-year-old Brockton resident is scheduled to be in Brockton District Court on March 22, for a pretrial hearing. He faces charges of larceny, a Massachusetts drug possession charge (Class E substance -- Suboxone) and pulling a false fire alarm.

The fire chief reported that the defendant has been a firefighter for about 12 years and is officially on vacation, though he wouldn't discuss possible sanctions. He earned $78,346 last year as a firefighter.

The defendant reportedly admitted he had a drug problem when confronted by the lieutenant about the missing money. He said he was addicted to the prescription drug Suboxone, a drug used to treat opiate addiction, and had resorted to buying it on the street, according to the police report.

Continue reading "Firefighter faces Massachusetts theft charge, drug charge, in Brockton District Court" »

A Mansfield man pleaded not guilty to charges of embezzlement from his employer, Marlborough's Marriot Residence Inn. Timothy Thursby was arrested on February 4th on a single charge of larceny over $250 by single scheme and falsifying and/or omitting entries in the hotel's record books.

Police allege that Thursby embezzled $80,000 from the hotel by issuing false credits to different customers from the hotel, and then crediting the money to his own debit account. According to court records, the hotel's front-office manager found more than 30 credits to the care totaling more than $60,000. After a search warranted was issued to investigate Thursby's bank records, police detectives found over 70 credits had been charged to the card since March 2008, totaling about $80,000.

Typically larceny charges are divided into two categories. Larceny under $250.00 and larceny over $250.00.

A larceny charge under $250.00 is considered a misdemeanor offense, but can have serious consequences. Larceny over $ 250.00 is a felony offense.

Continue reading "Bristol County Man Charged With Embezzlement in Massachusetts" »

On Monday, a man was beaten and assaulted after being identified on video removing a large jar of coins from a friend's apartment. According to the Metrowest Daily News, Michael P. Moore was assaulted in a wooded area near Hollis and Gordon streets. He didn't know if a weapon was involved or not.

An unidentified man told police that Moore broke into his apartment on Saturday and stole $250 in coins. The break-in was caught on videotape, and the man's roommates recognized Moore as a friend who often visited. When the man and a friend ran into Moore on Monday, the friend punched Moore in the face. Moore did not deny the break-in, and stated that he and another person went to the apartment and took the coins.

Moore is charged with larceny and breaking and entering.

Under Massachusetts Law, a conviction of a either of these charges can have serious consequences. Larceny of a sum over $250 is considered a felony and a criminal conviction could mean possible jail time, probation conditions, and require that you submit to DNA testing.

A larceny charge for under $250 is considered a misdemeanor and can often have serious implications, including jail time up to 1 year and other penalties. Penalties for breaking and entering with the intent to commit a misdemeanor can be up to 6 months in prison.

Continue reading "Framingham, Massachusetts man beaten after allegedly stealing $250 in coins" »