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 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" »