Case Results » Larceny

  • Clerk Declines To Issue Felony Complaint For Larceny Over $250.00

    A young college student left a local college when members of an athletic team claimed that he stole personal items from the dorm room that were valued over $250.00. The fact that the student left the school raised some eyebrows and he was summonsed in for a Clerk Magistrates hearing for larceny of property over $250.00. M.G.L. Chapter 266 Section 30.

    Attorney McCarthy interviewed the client at length. During the hearing our office emphasized the client's impressive background and lack of motive to commit the crime. The clerk did not issue the complaint and the client walked out of the courthouse relieved.

    Read More in Clerk Magistrate Hearings

  • Felony Count Of Larceny Of Motor Vehicle Dismissed By Prosecution and Operating Under The Influence Of A Controlled Substance To Be Dismissed

    While being questioned by the police, a person appearing to be under the influence of drugs or alcohol panicked and drove away in a nearby vehicle. The only problem was that the car was not his. A police chase ensued and he was pulled over in another county and eventually charged with larceny of a motor vehicle [M.G.L. ch. 266 section 28] and driving while under the influence of a drugs [M.G.L. ch 90 section 24].

    Although the wayward driver had prior entries on his record, our office negotiated a disposition in which the felony count of larceny of a motor vehicle was dismissed. The count of driving under the influence will be dismissed provided the defendant satisfies certain conditions. The relieved client t the courthouse without having to worry about the effect of a felony for future employment of academic opportunities.

    Read More in OUI

  • Clerk Declines to Issue Complaint For Larceny Over $250

    The defendant and other family went out for a day of shopping at a local mall. Unfortunately, the defendant failed to pay for the designer label items that she left the store with. After security interviewed the errant shopper, who had the merchandise on her person, a summons issued for her appearance in the local courthouse. She faced one criminal count for larceny of property over $250.00. [M.G.L. ch. 30 (1)].

    Upon receiving the summons the defendant contacted our office. Attorney McCarthy represented the defendant at the clerk's hearing. She emphasized the client's complete lack of record and highlighted that this incident was an aberration and would NEVER happen again. The Clerk declined to issue the complaint.

    Read More in Clerk Magistrate Hearings

  • Non-Citizen Client Avoids Felony Conviction For Larceny Of Property Valued Over 250.00 [M.G.L. ch. 266 section 30] And Potential Immigration Consequences

    The non-citizen client became entangled in the Massachusetts legal system when he was charged with stealing an expensive laptop. The laptop was valued at over $250.00 so he was charged with a felony count of larceny of property over $250.00.

    Recognizing that ANY type of admission or conviction would have collateral immigration consequences inclusion the potential for deportation or exclusion from the United States our office effectively advocated for a term of pre-trial probation and the eventual dismissal of the case provided the defendant abided by certain conditions. Due to Attorney McCarthy's advocacy the District Attorney's Office agreed to adopt this recommendation. The client walked out of the courthouse without any type of admission or conviction. Because of the type of negotiated disposition, the client did not have to worry about any immigration consequences.

    Read More in Larceny

  • Felony-Charge Of Larceny By Scheme Over $250.00 [M.G.L.A. Chapter 266 §30] Reduced To Misdemeanor And To Be Dismissed

    A hard-working young woman was charged with engaging in scheme of allowing improper employee discounts and other inappropriate conduct while working in a local lingerie shop. After an investigation, which included questioning of the defendant by the loss prevention officer, the employee was charged with a felony count of larceny M.G.L.A. Chapter 266 §30.

    After a number of pre-trial motions and lengthy negotiations, Attorney McCarthy convinced the District Attorney's Office to reduce the felony charge to a misdemeanor. The case will be continued for a period of time during which the defendant will pay restitution. Provided the defendant pays the restitution the case will be dismissed and the client avoided ANY type of conviction.

    Read More in Theft Crimes

  • Felony Charge Dismissed Prior To Arraignment

    A woman made a bad decision and stole expensive merchandise from a down town store. The shopper was stopped by store loss prevention police officers as she left the store. After questioning the authorities arrested the well-groomed shopper and charged her with larceny over $250.00 because of the value of the items taken.

    The individual contacted our office. Because she was not a U.S. citizen there was a possibility of collateral immigration consequences, including deportation and exclusion from the United States, if the case was not handled properly. Attorney McCarthy represented the defendant and negotiated a disposition whereby the case was dismissed prior to arraignment provided the client satisfied certain conditions. The case was dismissed and there was NO entry made on the client's criminal history or CORI record.

  • Client Avoids Conviction For Felony Charge Of Larceny From A Building

    The police report alleged that a Company suspected employee theft for a period of time and place surveillance cameras inside of the building. A manager accuses a worker of taking property belonging to the company and smuggling it out underneath clothing. The company provided a video that depicted the employee leaving the building with a "bulge" under the clothing. The employee faced one count of larceny from a building.

    Attorney McCarthy represented the client on a number of court dates and advocated on behalf of the client. Ultimately the client avoided any type of conviction and the case is to be dismissed provided certain conditions are satisfied.

    Read more in Larceny

  • Non-Citizen Client Avoids Arraignment For Felony Charge Of Larceny Over $250.00

    A loss prevention officer accused a young college student of taking the tags off of expensive clothing from a high end department store. The local police were called and the individual was arrested. The police initially applied for a complaint for shoplifting however, the clerk issued a complaint charging the client with larceny over $250.00.

    The client was not a citizen and therefore, any type of entry could affect the individual's travel plans and potentially interfere with him or her becoming a citizen. The client faced criminal charges that could have significant collateral consequences with Immigration. Recognizing the potential penalties of having any type of entry, Attorney McCarthy zealously presented the case to the court and the case was continued for a few months without the client being arraigned. Provided the client does not get in any trouble the case will be dismissed without any type of criminal history entry.

    Read more in Larceny

  • Felony Charge Of Larceny Over $250.00 Dismissed At Arraignment

    The police report alleged that a Lowell woman stole over six-hundred dollars worth of merchandise including, jewelry and children's clothing, from a department store. The woman was apprehended as she exited the store with her children and arrested.

    The defendant contacted Attorney McCarthy. Attorney McCarthy appeared in Lowell District Court and immediately advocated for dismissal on her client's behalf. Based on the police report and the client's lack of record Attorney McCarthy maintained that the case was really a simple shoplifting case and should be dismissed. The prosecutor ultimately agreed and the case was dismissed on the day of arraignment. Any worries relative to immigration or employment consequences disappeared with the case.

  • Felony Charge Of Larceny From A Building To Be Dismissed

    The prosecution claimed that the defendant, who worked at a bakery, stole a substantial amount of scrap metal and related products valued at over $30,000.00 from the company. Attorney McCarthy conducted lengthy pre-trial investigation and litigated numerous relevant motions. Based on strong advocacy by Attorney McCarthy the prosecutor agreed to continue the case for a period of time. Providing that the agreed upon restitution is paid the case will ultimately be dismissed against the client.

  • Attorney McCarthy Successfully Prevents Complaint Of Larceny Of Property From Issuing Following A Clerk's Hearing

    Local police received a report that a stolen electronic device was available for sale on the internet. Police officers, acting undercover, investigated and ultimately negotiated the purchase of the item from the defendant. The defendant appeared at a prearranged time and location to sell the device to what he believed was a legitimate customer. When the defendant arrived at the scene, the detectives approached him and he eventually admitted that he had stolen the item. The defendant received a summons to appear for a clerk's hearing at a local courthouse.

    The defendant, legitimately distraught over the incident, retained Attorney McCarthy to represent him at the clerk's hearing. During the hearing Attorney McCarthy explained the positive contributions the contrite defendant had made to the town over the past few years and the defendant demonstrated his genuine remorse. Following the hearing the clerk declined to issue the complaint provided that the defendant wrote a letter of apology to the victim and the police officers and stayed out of trouble. The defendant was never charged with a crime.

  • Clerk Declines To Issue Complaint For Larceny Under $250.00 And Illegal Posession Of A Controlled Substance Following A Clerk's Hearing

    The police alleged that the defendant, a homemaker and mother of five, took a prescription bottle from a home during an open house. As a result of an investigation the police charged her with illegal possession of a Class E substance and larceny under $250.00. Initially, the defendant was summonsed into the District Court to be arraigned on the charges. Attorney McCarthy successfully argued a motion to remand the case to a clerk's hearing prior to arraignment. During the clerk's hearing Attorney McCarthy stressed the fact that the defendant had no prior records and was experiencing a particularly stressful period in her life at the time the charges were lodged against her. The clerk declined to issue the complaints as long as the defendant stays out of trouble for a period of time. The defendant was never arraigned on any of the charges due to Attorney McCarthy's zealous advocacy.

  • Foreign Exchange Student Charged With Two Felony Counts Of Larceny Over $250.00 Receives Pre–Trial Probation

    The defendant, a foreign exchange student attending a local college, was charged with stealing merchandise worth over $1,000.00 on one day and $420.00 on another day from a prestigious downtown clothing store. He faced two felony counts of larceny over $250.00. In the eyes of The Department of Immigration, these offenses are likely considered crimes of moral turpitude. In appropriate circumstances, if an individual is not a citizen of this country any type of conviction or admission to sufficient facts to this type of offense may lead to their exclusion from the country or to deportation. Attorney McCarthy engaged in lengthy negotiations with the District Attorney's Office and the Court ultimately imposed a period of pre–trial probation with community service. As a result of this disposition, the defendant avoided having to admit to committing a crime that may be considered a criminal offense of moral turpitude and potentially facing collateral immigration consequences.

  • Warrant Charging Successful Out Of State Businessman With Felony Count Of Larceny Over $250.00 Recalled And Case Dismissed

    A successful business man from out of state was informed that there was a Massachusetts warrant charging him with a felony count of larceny over $250.00 that related to an incident that allegedly occurred over fifteen years ago. The police report stated that the defendant was observed taking stereo equipment from an old superstore without paying for the merchandise. The defendant contacted Attorney McCarthy to investigate the allegations and dispose of the case. Based on the efforts of Attorney McCarthy, the warrant was recalled in a timely manner and the case against the defendant was dismissed.

  • Attorney McCarthy Secures Dismissal Of Uninsured Motor Vehicle And Related Offenses Against Local Businessman Prior To Arraignment

    A police officer observed a car parked in a commuter parking lot which had an expired inspection sticker and an expired registration. A check with the Registry of Motor Vehicles revealed that the registration was revoked due to an insurance cancellation. The car was towed.

    The car belonged to a young professional who promptly called our office for representation. Attorney McCarthy presented documentation to the District Attorney's Office demonstrating that the car was registered at the time the defendant was cited for the violation. The District Attorney's Office agreed to dismiss the case prior to arraignment without court costs.

  • Twenty Year Old Default Warrant Recalled And Case Dismissed Against Defendant

    Twenty years ago a default warrant issued for a defendant relative to a case of larceny by check. The defendant recently became aware of the old warrant and contacted our office to dispose of the case. Based on investigation and negotiations, on the initial appearance by Attorney McCarthy, the District Attorney's Office dismissed the case.

  • Larceny By Scheme Charges Against Employee To Be Dismissed

    An employee of a "superstore" claimed that an employee was "ringing in merchandise and then voiding it out but still bagging the merchandise and giving it to the same women. Based on these allegations a complaint issued against the employee/defendant that charged her with larceny by scheme. After negotiations with our office the Commonwealth agreed to continue the case for a brief period of time without any admission by the defendant. The case will be dismissed provided the defendant does not get into any trouble during the time period.

  • Court Allows Motion To Dismiss Felony Count Of Larceny Over $250.00

    The defendant was charged with a felony count of larceny of property valued at over $250.00. He moved to another state without realizing that there was a warrant for his arrest. The court records reflected that the date of the offense was in 1981. Attorney McCarthy tracked down the case and successfully negotiated the dismissal of the felony charge without the defendant's presence in Massachusetts.

  • District Court Enters "Nolle Pros" On Larceny Of A Motor Vehicle

    The defendant was charged with a single felony count of larceny of a motor vehicle in 1981. The defendant moved out of state and did not realize that a Massachusetts warrant issued for him. Over twenty years later, the warrant surfaced and threatened to interfere with his employment. Attorney McCarthy successfully tracked down the old felony and the Court ultimately entered a Nolle Prosequi on the matter. Attorney McCarthy successfully disposed of the matter without the defendant's presence.

  • Felony Charge of Larceny Over $250.00 To Be Dismissed Against Defendant

    A local jewelry store reported that a customer stole two pairs of earrings valued at over $250.00. If convicted in the district court, the defendant faced up to two and one half years in jail. After an investigation, the police alleged that the defendant was in a video tape seen stealing pieces of jewelry from a store. The police obtained a search warrant for the defendant's residence and ultimately found the jewelry in question.

    Attorney McCarthy negotiated a disposition whereby the felony would be dismissed in one year provided that the defendant agreed to complete certain conditions.

  • Attorney McCarthy Negotiates Dismissal of Larceny Charge/Initial Case

    According to the police report, the defendant stole $21.00 from the complainant's purse when he was performing repairs for a local company. The complainant alleged that she left her purse in the area where the defendant was working and when she returned the cash was missing. The complainant reported the theft immediately and the defendant was charged with larceny under $250.00. If convicted, the defendant faced the possibility of a one year jail sentence. Attorney McCarthy negotiated a disposition whereby the case would be dismissed upon the payment of $21.00.

  • Case dismissed against defendant charged with larceny over $250.00/Initial Case

    According to the police report, an employee of a local store stole a customer's debit card and used it to purchase items totaling over $250.00. The establishment had video surveillance film of the defendant putting the debit card in his pocket and the defendant's statement in which he admitted to the theft. The defendant was charged with larceny by using a credit card (M.G.L. c. 266 S 37B (b)) and larceny over $250.00 (M.G.L. c. 266 S 30 (1). Attorney McCarthy negotiated the immediate dismissal of the felony larceny count and the dismissal of the larceny by credit card provided the defendant does not get rearrested for one year.

  • Felony larceny charge dismissed prior to trial/Initial Case

    Defendant was charged with larceny over $250.00 and faced a potential sentence of up to 2 years in the House of Correction and up to 5 years in state prison. The police report alleged that the defendant wrote three checks with the knowledge that the account did not have sufficient funds for the payment of the check. The defendant had other similar charges pending in another court. The defendant also faced the possibility of probation surrender and up to 2 years in prison in another court. Attorney McCarthy negotiated the dismissal of the felony charge on the payment of restitution.

  • Charges of larceny by check and forgery dismissed against the defendant/Initial Case

    The Commonwealth alleged that that the defendant committed three counts of larceny by check over $250.00, one count of larceny by check under $250.00 uttering a false check and forgery. The defendant faced a total of eleven years in prison if convicted on all charges. Also, if convicted of three distinct larcenies in the "at the same sitting of the court" the defendant could have faced being sentenced as a Common and Notorious Thief which provides for additional incarceration of up to two and one half years. Pre-trial investigation resulted in the dismissal of all of the larceny counts and the forgery charge on the day of trial.