Massachusetts Criminal Defense Lawyer Blog

A man on probation for stealing $11,000 in Beanie Babies more than 10 years ago allegedly went on a shopping spree recently, stealing a minivan, breaking into a truck and stealing two televisions before taking a nap and getting caught by police, The MetroWest Daily News reports.

Theft charges in Natick typically get more serious depending on the value of the items taken. Yet, the value must be proven and that's after the prosecution can even prove the defendant committed the crime.

Hiring an experienced and aggressive Framingham Criminal Defense Attorney to defend against similar allegations is the right first step. An attorney must be consulted in order to ensure justice is done and the rights of the defendant are upheld.

According to the newspaper, 41-year-old Brian William Doubleday already had warrants out for his arrest in Lowell District Court and Framingham District Court, though the newspaper doesn't say what the warrants are for. The report also states that upon his arrest, the New Hampshire Probation Department issued an arrest warrant because he was serving time on probation from 1999, when he was convicted of stealing the Beanie Babies there.

Natick Police said an officer was on patrol when a minivan parked in a hotel parking lot caught his attention. After running the New Jersey plates through databases, the officer found it was stolen.

Inside, Doubleday was sleeping and after officers woke him up, he got out. Inside the minivan, they found a laptop and other items they believe were stolen from a U-Haul truck in Natick recently, police said. Police also believe video surveillance shows Doubleday stealing two 32-inch televisions from a hotel, but those televisions haven't been found. The man faces charges of receiving a stolen vehicle, receiving stolen property worth more than $250 and larceny of property worth more than $250.

In this case, a defense lawyer may challenge probable cause.

The Fourth Amendment to the United States Constitution gives every American the right to not be subjected to illegal search and seizure. That means that police officers can't just knock on a person's door and force themselves in looking for evidence of a crime. The same goes for when you're driving in your vehicle. You can't get stopped for no good reason just because the police want to go on a fishing expedition.

So, it will be interesting to see if police have any real reason for why they walked up to the vehicle Doubleday was in and determined they should question him. They also cited video surveillance as proof that he stole televisions, yet they found no televisions.

Video surveillance, as well as eye witness accounts, can be unreliable. People fudge details or don't really remember what they saw in the first place. And sometimes, video cameras show fuzzy pictures or only the back of a person's head. Rarely do the cameras really capture what a person looks like and zooming in makes the image more difficult to see.

It's important to fight all aspects of a larceny or theft case because the penalties include years in prison as well as thousands of dollars in fines. They are serious and must be aggressively fought. This case also illustrates the consequences of long probation sentences -- which can result in additional legal hassles long after a defendant has paid for his crime.

Continue reading "Lowell Man Caught Napping After Allegedly Stealing in Natick" »

A Fall River businessman serving prison time for fraud charges is set to be back in Fall River District Court this summer on another fraud charge, The Herald News reported.

Joseph Pereira, 46, of Rodman Street, was sentenced to 3 to 5 years in connection with 15 scams involving mortgages, investments and cars.

Theft charges in Massachusetts can take many forms, including burglary, robbery, auto theft or shoplifting. White collar criminal charges typically involve fraud, including mortgage fraud, real estate fraud or investment fraud. embezzlement is another form of theft that often involves an employee or officer of a corporation accused of diverting funds. In some cases, these can even be charged as federal crimes. Bank robbery, for instance, is investigated by the Federal Bureau of Investigation and is prosecuted in federal court. White collar economic crimes are also often prosecuted by the feds using mail fraud or wire fraud charges.

In each case, a Fall River criminal defense attorney must look at the evidence, as well as how the case is charged, before making a decision on the best course of action. Protecting your rights and minimizing the chances of a lengthy jail sentence may require reaching a deal with prosecutors that's in a client's best interest, fighting to keep evidence out of court, seeking a reduction or dismissal of the charges or preparing a case for trial.

Police began investigating him again in February when a man said he was facing foreclosure because of a Pereira scam. He said he gave Pereira $20,000 to lower his mortgage rate from 8.9 percent to 2.5 percent. Once he began seeing notices of delinquency from the bank and learned Pereira was in jail, he contacted police and made a fraud report.

Prosecutors allege the new crimes were committed while Pereira was out on bail and awaiting trial. On Sept. 30, Pereira pleaded guilty to 13 counts of larceny, one count of practicing law without a license, and one count of committing fraud. He had a previous fraud conviction in 1996, according to The Herald News.

The new charge of larceny over $250 in punishable by up to 5 years in prison.

Continue reading "Fall River Fraud Charges Brought Against Businessman of Mortgage Scheme while out on Bail" »

A Worcester man faces charges of breaking and entering in Westborough and larceny of a firearm after authorities say be broke into the home of an acquaintance and stole a handgun, according to the Westborough News.

An experienced Westborough criminal defense lawyer should always handle cases involving the allegation of stolen weapons. Massachusetts Law (Chapter 266 Sec. 30), provides for up to 5 years in prison and a $25,000 fine for those convicted of theft of a firearm. Additionally, possession of a firearm by a convicted felon and other legal complications often increase the penalties for crimes involving firearms.

Daniel Tenanes, 24, of 54 White Street, pleaded not guilty at arraignment in Westborough District Court and has been released on $1,000 bond. He also faces charges of larceny of property worth more than $250, reckless driving to endanger and failure to stop for a police officer.

Police say he broke into a Ruggles Street home through an unlocked door at about 11 p.m. on Friday. The resident came home to find the defendant's car idling in the driveway and reportedly discovered him upstairs in the house with the homeowner's Walther .38-caliber semiautomatic handgun, 58 rounds of ammunition and a gold necklace valued at $2,000.

Tenanes allegedly fled the scene. Police attempted to stop his car at shortly after 7 p.m. on Saturday but lost the car as it drove into Grafton during a brief pursuit. He was stopped and arrested by Grafton police a short time later. Police report he was in possession of the gun, ammunition and necklace that were reported stolen.

He is due back in court for a pretrial hearing on Jan. 21.

Continue reading "Worcester man faces larceny of firearm charge in Westborough" »

An East Bridgewater man was arrested after allegedly taking more than $ 300.00 of merchandise from Lord and Taylor at the South Shore Plaza, according to the Brockton Enterprise.

Typically, in Massachusetts shoplifting cases a defendant charged with shoplifting will receive a notice of a clerk magistrate hearing. A Massachusetts clerk magistrate hearing is a hearing to determine whether a criminal complaint should be issued. The standard is whether the clerk believes there is probable cause that the criminal offense occurred. A clerk magistrate hearing provides the opportunity to resolve the case prior to it being brought in court and prior to it appearing on your criminal record. Accordingly, if you receive notice of a clerk magistrate hearing, you should hire an experience Massachusetts criminal defense lawyer immediately.

Continue reading "Massachusetts shoplifting charges brought after alleged theft at the South Shore Plaza" »

A Milford man is facing criminal fraud charges in Massachusetts after being accused of identity theft, according to the Milford Daily News.

Brian J. Williams, 32, of 3 Fountain St. Apt. 2, was arrested at a Citizens Bank branch after employees told police he was attempting to open up an account with fake documents. Police report a warrant had been issued for his arrest earlier in the week after the victim reported fraudulent activity. The victim told police that Williams was a former friend who used his social security number and mother's maiden name to open up credit card accounts at Kohl's and Nordstrom.

The bank said the defendant was able to get about $400 by depositing empty deposit slips at the ATM and withdrawing cash. The victim said he suspected Williams charged about $3,000.

A Milford criminal defense lawyer experienced in handling Massachusetts theft and larceny charges will need to thoroughly review the allegations in this case. These cases are often more complicated than they appear in the newspaper and will require an attorney experienced in handling fraudulent bank transactions and identity theft allegations.

Police allegedly found him in possession of a driver's license in the victim's name. Williams faces charges of identity fraud, possession and use of a false or stolen Registry document, forging and misuse of a Registry document, forging a document and uttering a false document.

He is due back in Milford District Court for a pretrial hearing on Nov. 22.

Continue reading "Milford, Massachusetts man accused of fraud and identity theft charges in Milford after bank account and credit cards are opened in friend's name" »

A 22-year-old man is facing shoplifting charges in Attleboro after police report he was caught stealing from a home improvement store by officers who handled a similar complaint a day earlier.

An officer was working construction on the Newport Avenue bridge shortly after 8 a.m. when he reported seeing a car similar to the one used by a shoplifting suspect at Home Depot a day earlier. His partner had investigated the shoplifting complaint and the officers returned to the store after seeing the gray Saab convertible heading in that direction, the Sun Chronicle reported.

The officers report hiding in the garden section and spotting the defendant running out of the store with a power drill. Justin J. Silva, of Cumberland, pleaded not guilty to stealing two power drills in as many days at his arraignment in Attleboro District Court.

An Attleboro criminal defense lawyer could argue there is insufficient evidence to charge Silva with the initial shoplifting charge. An experienced attorney may also challenge the actions of the officers involved. Prosecutors had asked for no bail, citing a similar charge pending against Silva. Bail was set at $1,000 after his attorney told the judge he was a laid off union employee who was set to return to work on Monday.

Under Massachusetts Shoplifting Law (Chapter 266 Section 30A) a conviction carries a penalty of up to two and a half years of imprisonment if the value of the stolen item exceeds $100.

Continue reading "Saab driver faces Attleboro shoplifting charges are police claim his vehicle led back to scene of the crime" »

A trio of defendants is facing theft charges in Taunton after allegedly trying to sell stolen goods to a store in Silver City, the Taunton Gazette reported.

The three defendants, two from Carver and one from Plymouth, tried to sell gold bracelets stolen from a Plymouth home to a jewelry store at Galleria mall, according to police. The jewelry store manager called police. He then got the three to allow him to hold the bracelets after telling them to come back in an hour.

The manager estimates the bracelets are worth about $700.

Police identified the three men as Thomas Carr, 20, of 94 Tremont St., Carver, Christopher Hobin, 20, of 4 Sushala Way, Plymouth, and Devin Silva, 18, of 198A Plymouth St., Carver.

When questioned, Carr allegedly said the bracelets had been given to him by his mom to sell. Police say the mom denied giving the bracelets to her son. Authorities also said two of the three had been arrested on gun charges in the past. A subsequent search of the defendants located a starter pistol. A search of their 2005 Toyota Camry found bags of jewelry and a laptop computer.

A receipt in the car led police to the owner of a home who claimed the laptop and other items had been stolen.

In such cases, a Taunton criminal defense lawyer could challenge the probable cause for the search. If a search is found to be improper, evidence collected as a result can be excluded from trial. A reduction or dismissal of the charges can result.

Continue reading "Trio faces theft charges in Taunton after allegedly trying to sell stolen goods to Silver City jeweler " »

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" »