Massachusetts Criminal Defense Lawyer Blog

Two women from New York have been charged in a case of trying to use counterfeit bills to make purchases at Target stores in Plainville, North Attleboro, Seekonk and Connecticut.

Counterfeiting schemes could be considered larceny in Attleboro -- a form of theft. In most cases, suspects use fake bills in order to make purchases. Many times, these cases can be difficult for police to discover unless the cashier checks the bills on the spot. However, counterfeiting can also be a federal crime investigated by the U.S. Secret Service.

Trying to piece together video footage and witness testimony after the fact and link a person to the crime can be a tricky proposition for the police. While the technology behind the government's printing of dollars has gotten better in recent years, there are still people willing to try to literally print money.

For those who are arrested, an experienced Massachusetts defense attorney must be hired in order to investigate all the facts and look at the evidence police intend to use against the defendant. It may be possible, in some cases, for the evidence filed by police to be suppressed if rights were violated in the process. That happens only depending on the specific circumstances of the case, however.

In this case, The Sun-Chronicle reports, two woman were allegedly conducting a scheme where they would use counterfeit money to buy electronics at stores and then attempt to exchange them at other stores for the cash.

"They were doing some type of flim-flam, buying I-pods and I-pads at Target, using counterfeit money to buy them, and returning them to other Targets to get real money," said Plainville Police Sgt. Scott Gallerani.

According to the newspaper's report, several thousand dollars in counterfeit money were confiscated by officers. 24-year-old Iyanah Wright of Hempstead, New York, and 22-year-old Shannon Hoskins of Freeport, New York, have been arrested.

The newspaper reports that Wright was arrested after a foot pursuit in the parking lot of a Target store in Plainville. Hoskins was found by store security and held there. Both women now face charges of possession of counterfeit notes, receiving stolen property and conspiracy. Wright also faces a charge of resisting arrest and disorderly conduct.

According to police, detectives in Seekonk and North Attleboro are now investigating to see whether the women may be connected to alleged incidents there. Connecticut authorities may be, too. The women reportedly have open cases in New York of a similar situation.

There may also be a man who is involved as a "lookout" in connection with the incident. The women were set for an arraignment in Wrentham District Court.

Proving that the women knew the money to be counterfeited may be a challenge for police. The fact that they may have committed the crime in different areas has no bearing on these individual cases. If they are charged with committing the crime in Connecticut, an Attleboro jury likely won't know that. They must determine guilt based on the incident that allegedly happened in that area. That may be tough in this case.

Continue reading "Women Accused of Counterfeiting Scheme in Plainville, Massachusetts" »

Four men accused of a burglary, who first were suspected of an attempted abduction in Attelboro, are being held in jail on $25,000 bail, The Sun Chronicle reports.

Charges of burglary in Attleboro are punishable by up to 20 years in prison, which is likely why the defendants were held on such a high bail. This case also highlights the damage that can be done by the news media and makes the job more challenging for a Massachusetts criminal defense lawyer.

The Sun Chronicle story, in its first paragraph mentions "attempting to abduct" and a 7 News report online repeats the same phrasing. Yet, there are no charges of abduction that these men face.

The damage has already been done in the court of public opinion. When people think of this case, they're going to think about the fact that police believe these men were attempting to abduct a woman, when there is absolutely no proof. Working to separate fact from fiction -- and fighting to keep irrelevant material out of court -- will be critical to the defense.

According to the news reports, a woman was jogging near the Attelboro/Rehoboth line, when she saw a van carrying several men drive by slowly. When the van turned around and drove by her again, she panicked, letting go of her dog's leash and running toward a nearby house. When no one was there, she hid in the woods.

Police have said she had the right to act that way. Maybe she did, but a van driving slowly, perhaps because the driver was lost, doesn't constitute allegations of an abduction. Other than the woman being spooked by the incident, there is nothing to suggest the people in the van wanted to harm her.

Sadly, this may be what sticks with people who have read the articles or watched the TV news broadcasts. After this happened, police launched a massive hunt for the men, using a reverse 911 message to alert residents.

Ryan McCoy, 23, of Attleboro; James Gould, 27, and Benjamin Gould, 23, of Plainville and Phillip Muggle, 29, of Rehoboth were arraigned recently in Taunton District Court after police arrested them.

The Sun Chronicle reports that police found property from a Smith Street house that linked them to a burglary. They also face a charge of witness intimidation, though it doesn't appear from the media reports that there is much evidence of that.

Because of all the excitement of a police manhunt and the media coverage, this will be a topic of conversation for a few days. Whether there is any real evidence linking them to a burglary remains to be seen. So far, they are guilty of nothing.

A burglary is fairly common, but an abduction isn't. An experienced Massachusetts criminal defense lawyer knows that jury selection is perhaps the most important part of a trial. If this case reaches that stage, it will be important to ensure jurors do not rely on media reports or evidence not before the court.

Without a fair jury, a defendant doesn't have a shot.

Continue reading "Accused Burglary Suspects Held on $25,000 Bail in Taunton District Court" »

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 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 " »

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" »

A Mansfield man is facing Massachusetts car theft charges in Attleboro District Court, after police say he was driving a stolen car over the weekend to confront a man with his ex-girlfriend, according to The Sun Chronicle.

A Massachusetts criminal defense lawyer should represent anyone facing serious traffic or criminal charges in Attleboro District Court, including Attleboro drunk driving charges, theft charges and Massachusetts drug charges.

Police say the man was already out on court supervision and wearing a GPS bracelet for another criminal case accusing him of assaulting a police officer after a high-speed chase.

The defendant was ordered held in jail on $50,000 cash bail after pleading not guilty earlier this week in Attleboro District Court. Police say the man stole a car from a Citgo gas station at South Common and was stopped by a patrolman a few miles away on route 106.

Police reported finding a double-edge knife and a small folding knife in his possession. The defendant allegedly told police he was on his way to confront a man with his ex-girlfriend after getting into an argument on the phone.

It is unclear whether he could face probation violations after being placed on supervision as a result of the 2008 case for assaulting an officer. The defendant faces charges of receiving a stolen motor vehicle, using a motor vehicle without authority, driving with a revoked license because he is a habitual traffic offender and carrying a dangerous weapon.

Continue reading "Mansfield man faces Massachusetts auto theft charges in Attleboro 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" »

Police arrested a Hingham man Friday whom they suspect of committing scores of burglaries across the region, according to the Brockton Enterprise.

Anyone facing burglary, breaking and entering, or other property or theft crimes in Quincy District Court or Newburyport District Court should seek an experienced Massachusetts defense attorney to fight the charges. In this case, the defendant is also facing a host of bail and probation violations that will require the knowledge and experience of a qualified Massachusetts criminal defense lawyer.

Newbury police stopped the man at about 1:40 a.m. Friday; he was driving a minivan that had been reported stolen. The six counts Newbury police filed against him bring the crimes he is accused of committing to 68.

The defendant has been under investigation for months; a Quincy District Court judge let the 50-year-old defendant out of jail in December, according to the Enterprise.

The judge ordered the man back to jail in December but he reportedly fled instead. The defendant has almost 50 criminal convictions dating back to 1978 and has been in and out of prison for most of his adult life.

He was arraigned Friday in Newburyport District Court, where is bail was revoked and he was ordered held for 60 days. He is incarcerated in the Essex County jail. He pleaded not guilty to charges of larceny of a motor vehicle, larceny, felony breaking and entering into a vehicle at night, driving with a suspended license and marked lane violations.

Police call him a career criminal who has hit houses and vehicles from Plymouth to Quincy and beyond. Charges among 43 arrest warrants obtained by Marshfield police include a charge accusing him of being a common and notorious thief, which carries a 20-year sentence. He also faces 19 charges by Norwell police, including breaking and entering at night and identity fraud.

Police reportedly found a storage unit in Hingham filled with what they believe is stolen evidence from home and vehicle break ins across the region, including Christmas presents.

Continue reading "Hingham, Massachusetts man faces dozens of theft charges in Quincy District Court" »

A Westborough, Massachusetts man, Rodrigo Silva, faces four charges, including two charges of motor vehicle larceny after being arrested by the Northborough police.

It appears that in addition to pending charges in Westborough district court, that according to the Metro West Daily News, that Silva has additional charges pending against him, which the news report states is a subsequent offense of larceny of a motor vehicle.

A charge of larceny of a motor vehicle is a felony offense that carries with it a potential sentence of 15 years if the Commonwealth seeks an indictment or 2.5 years if the charge remains in the district court. A conviction of a subsequent offense charge of larceny of a motor vehicle carries a mandatory minimum one year jail sentence.

In many charges involving motor vehicle larceny, a Massachusetts criminal defense lawyer will attempt to prove that the defendant did not possess the motor vehicle but was merely present in the vehicle as a passenger. Massachusetts criminal law provides that a mere presence in a stolen vehicle is insufficient to prove possession. The Commonwealth would have to prove other factors showing possession of the motor vehicle. Additionally, other defenses a Massachusetts criminal defense attorney would pursue would be to attempt to have the prosecutor reduce the charge from a felony offense to a lesser misdemeanor offense of unauthorized use of a motor vehicle.

Continue reading "Westborough, Massachusetts man charged with motor vehicle larceny by Northborough police " »

Two Attleboro, Massachusetts teens face charges of vandalism in the Attleboro District Court. Brandon Simison is alleged to have attempted to break into a car at the North Attleboro Teen Center and vandalize the air condition cover. The Attleboro teen was also charged with attempted breaking and entering into a motor vehicle. According to the news account, the teen ran from the car along with another individual when the owner came out.

As a Massachusetts criminal defense lawyer, a charge of attempt requires the Commonwealth to prove that the defendant committed an overt act toward committing the criminal offense. Essentially, the Commonwealth is requires to prove that the defendant had a specific intent to commit the crime of attempted burglary, that the defendant took an overt act toward committing the crime, which was part of carrying out the particular crime and came reasonably close to committing the crime.

Continue reading "Attleboro, Massachusetts teens faces a Massachusetts criminal vandalism charge" »