Police have accused two women of a conspiracy during which they faked a housebreak to steal guns and trade them for heroin, The Sun Chronicle reports.
Charges of theft in Attelboro as well as drug and gun offenses can add up to jail time, possible probation and fines and fees.
But whether a shoplifting or a serious theft crime such as a burglary or robbery, it can sometimes be difficult to prove for police. Without credible eye witnesses or some type of caught-in-the-act moment, police sometimes have a hard time fingering who committed a crime.
Even if they make an arrest, Massachusetts criminal attorneys will challenge the case put together by prosecutors and work toward the best outcome possible in a client’s case. When evidence is scarce, there is plenty of reasonable doubt to show the accused isn’t the criminal. And even if it appears there is an abundance of evidence, some can be thrown out with an experienced lawyer.
In this case, 38-year-old Shannon E. Wilson called authorities to tell them that her house on 87 Smith St. had been broken into. Police quickly turned against her and began considering that there was no break-in at all.
The Sun Chronicle reports that the woman then allegedly confessed that she made up the incident so that she and longtime friend Robert Delaney of Franklin could sell her husband’s .22-caliber and .45-caliber pistols for heroin.
Both have been arrested, but there is a wrinkle in the case. Police haven’t recovered the weapons. The suspects allegedly told police that the .22-caliber gun was sold to a drug dealer in Taunton and the .45-caliber gun was taken to Providence and sold to a drug dealer there.
Both defendants are allegedly blaming each other, with neither admitting to who committed the break-in or who took them from the storage locker and completed the drug deals.
Wilson is charged with armed robbery and larceny in Wrentham, while Delaney has a prior drug case that is pending.
In this case, both face charges of larceny of a firearm, conspiracy, conspiracy to violate narcotics laws and unlawful possession of firearms with large capacity feeding devices. In addition, Wilson faces a charge of filing a false police report and Delaney is charged with breaking and entering.
Without an eyewitness to say who broke into the house, it may be difficult for the state to prove. And the fact that police don’t have any evidence of where the weapons are or that they were actually traded for heroin casts doubt on some of the charges.
Delaney is charged with breaking and entering, but do the police really know he did that? If each defendant is blaming each other, it could be difficult for investigators and prosecutors to sort through what they have and ensure that they can prove beyond all reasonable doubt each of these charges. That’s another reason why simply remaining silent is so often to a client’s advantage.
Massachusetts Defense Lawyer Michael DelSignore represents clients facing serious misdemeanor and felony charges throughout the state.
More Blog Entries:
Attleboro Man Jailed After Search of His House During Domestic Abuse Call: October 15, 2011
Massachusetts Lawmaker Wants Small Amount of Marijuana to Be Illegal Again: October 8, 2011
Guns for drugs scheme broken, by David Linton, The Sun Chronicle