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Property crimes and public peace crimes – Part 1

Larceny from a Person over 65 – Not Guilty

An 84-year-old woman had her purse stolen in the supermarket. The police responded and identified the thief on a surveillance video. The arresting officer recognized our client from his previous interactions with the police. Our client was interviewed by the police and admitted he had a serious drug problem and might have stolen the purse. We argued that the identity of the thief on the surveillance video was inconclusive. Following a trial, the Concord District Court jury found our client not guilty.

Breaking and Entering with Intent to Commit a Felony – Not Guilty

A woman called the police to report that she witnessed two men break into her car. The police responded and saw the woman’s driver’s side window had been smashed. The woman gave a description of the two men to the police, and the police found two men, including our client, matching the description and fleeing the scene. A trained police dog was able to identify a path leading from the woman’s car to our client. In addition to breaking and entering, our client was charged with malicious destruction of property over $250. Following a jury trial in Lowell District Court, our client was found not guilty of both charges.

Resisting Arrest – Not Guilty

Our client was in a bar at 2 a.m. when a bouncer caught him smoking in the bathroom. The bouncer began escorting our client out of the bar and a police officer saw our client push back against the bouncer. The police officer intervened. As the officer was walking down a set of stairs with our client, he reported that our client shoved him and caused him to fall down the stairs. The officer and our client then got into a wrestling match that spilled out of the bar. The officer maced our client and arrested him. We argued at trial that the officer had used excessive force and our client had simply responded to that excessive force. The Lowell District Court jury found our client not guilty of resisting arrest and disorderly conduct.

Assault and Battery on a Police Officer – Not Guilty

Our client was arrested for a motor vehicle infraction. After he was booked and placed in a cell, he allegedly became verbally abusive toward several police officers. The officers entered his cell and reported that our client punched two officers several times and threatened to hurt any officer he later saw on the street. He was charged with two counts of assault and battery on a police officer and one count of threatening to commit a crime. A Somerville District Court jury found him not guilty of all charges after trial.

Breaking and Entering with Intent to Commit a Felony – Not Guilty

The police responded to a report of a woman attacking strangers on the street. They located our client, who was belligerent and screaming. When the officers tried to interview our client, she attacked them and was arrested. The police then interviewed two victims who each reported that our client had attacked them without provocation and had broken into one of the victim’s homes. At the arraignment, our client appeared to be suffering from a mental health disorder. We petitioned the Court to have her evaluated by a mental health professional, who concluded that our client was suffering from psychosis and was unable to conform her behavior to the law. The Commonwealth refused to dismiss the case, so we went to trial. Our client was found not guilty by reason of mental illness, and she was set free.

Violation of a Harassment Prevention Order – Not Guilty

Our client and his former fiancee have two children together.  They have been fighting in probate court for the past several years, and the former fiancee obtained a court order preventing our client from abusing her.  One morning, the former fiancee was dropping off their daughter to our client’s home.  Our client had repeatedly asked her not to approach him during the exchange of the children.  On this morning, the former fiancee began quickly walking toward our client.  The former fiancee alleged our client was screaming and swearing at her the whole time.  Our client admits he yelled “get the fuck away from me” but denies the name calling.  He was arrested and charged with violating the no-abuse provision of the harassment prevention order.  Following the trial, a Lowell District Court jury found our client not guilty of the charge.

Resisting Arrest – Not Guilty

The police were looking for our client to arrest him for his involvement in a domestic disturbance.  When our client saw the police, he ran away from them.  An officer was able to catch up with him.  Within a few minutes, there were three cops surrounding our client attempting to place him under arrest.  According to the police, our client pushed one of the officers and violently resisted their efforts to place him into handcuffs.  According to our client, the police threw him to the ground and roughed him up.  We introduced photographs to the jury that showed injuries to our client’s face that were sustained during his interactions with the police.  Three cops testified against our client.  The Lowell District Court jury found him not guilty of resisting arrest, assault and battery on a police officer, and disorderly conduct.

Larceny of a Trade Secret – Not Guilty

Our client was employed by a limousine company as an office administrator and a driver. The company’s ownership suspected our client was stealing from the company and suspended him. Our client decided to quit and went to the office to collect his personal belongings. A fellow employee witnessed our client allegedly steal a copy of the company’s client list as he left the building. Our client was accused of going to work for a competing limousine company and stealing clients from his former company. We argued that there was insufficient proof that our client stole a copy of the client list, and that the list does not constitute a trade secret. Following a trial, the Lowell District Court jury found our client not guilty.

Resisting Arrest – Not Guilty

Our client was witnessed walking down a city street with two small children. He appeared to be under the influence of drugs and was yelling “gun” repeatedly. He tried to break into a house and the police responded. Our client continued to scream about a gun and a police officer attempted to place him under arrest. Our client allegedly shoved the officer and violently resisted the officer’s attempt to handcuff him. We argued that our client was the victim of an overzealous, aggressive police officer who had used excessive force. In addition to resisting arrest, our client was charged with disorderly conduct. The jury found our client not guilty of both charges.

Violation of a Restraining Order – Not Guilty

Our client recently finalized an ugly divorce.  During the divorce proceedings, his ex-wife obtained a restraining order that prohibited him from going to her house.  The ex-wife reported to the Billerica Police Department that her doorbell camera had captured video of our client’s father standing on her front porch while the restraining order was in effect.  She said she could hear our client’s voice in the background.  Our client acknowledged he wanted to retrieve his property from the ex-wife’s home but denied traveling to her house with his father.  At trial, we attacked the ex-wife’s credibility by pointing out that her testimony was inconsistent with the story she told the police.  We also forced the ex-wife to admit she had not taken steps to save the doorbell camera footage.  Our client was found not guilty of violating the restraining order.

Assault and Battery on a Police Officer – Not Guilty

Our client was the passenger in a pickup truck that was stopped in the middle of the night for a motor vehicle violation.  The police officer got the driver out of the truck and when our client also exited, the officer screamed at him to return to his seat.  Our client did so, and in under a minute a second officer arrived, opened our client’s door, and pulled him out of the truck.  At some point, the officer pointed his gun at our client.  The officer testified that when our client was taken out of the truck, he was physically resisting the officer’s attempt to search him.  The officer said right before being handcuffed, our client punched him in the arm.  Our client testified that as soon as he was taken out of the vehicle, he was beaten by the police.  We introduced photographs of our client’s facial injuries to the jury and argued that the police made up the assault charge against our client as justification for beating him up.  The jury found our client not guilty.

Violation of a Restraining Order – Not Guilty

Our client and his wife were in the midst of a messy divorce when the wife obtained a restraining order.  While the restraining order was in effect, the wife reported to the police that our client had repeatedly contacted her, including through email and by in-person contact.  Our client was ultimately charged with seven separate violations.  At trial, we attacked the wife’s credibility by pointing out that after she obtained the restraining order, she voluntarily had contact with our client more than a dozen times.  It was only after she realized our client was going forward with the divorce that she began reporting violations to the police.  We also pointed out that the wife was on various medications that caused mild cognitive dulling and memory problems.  The jury found our client not guilty of violating the restraining order.

Identity Fraud – Dismissed

Two women reported to the police that their identities had been stolen. The women said credit accounts had been fraudulently created with their names, dates of birth, and social security numbers. The police investigation led to our client, who was acquaintances with the two women. Our client admitted to stealing the women’s identity. The police searched our client’s home and found the stolen license of one of the victims. Our client was charged with identity fraud and the case was dismissed prior to trial.

Breaking and Entering with Intent to Commit a Felony – Dismissed

Our client entered a boarding house and told the manager he needed to rent a room. While the manager was preoccupied, a plumber witnessed our client enter another resident’s room and steal several articles of clothing. In addition to breaking and entering, our client was charged with larceny over $250 and furnishing a false name. All charges were dismissed prior to trial.

Receiving a Stolen Motor Vehicle – Dismissed

A woman reported to the police that her car had been stolen. Shortly thereafter, the police responded to a car accident in which a car had slammed into a light pole. When the police arrived, nobody was inside the car. The police identified the car as the vehicle that was reported stolen by the woman. The police used dogs to track the scent of the occupants of the stolen car and found our client a short distance away. Our client was out of breath and could not explain where he had been earlier in the evening. Our client was arrested for receiving the stolen motor vehicle and the case was dismissed prior to trial.

Leaving the Scene of Personal Injury – Dismissed

Our client was driving his car when he hit a four-year-old boy in a wheelchair. The boy’s mother told the police that our client left the scene without identifying himself. A further investigation led the police to our client. He was charged with leaving the scene of an accident causing personal injury, and the case was dismissed prior to trial.

Breaking and Entering with Intent to Commit a Felony – Dismissed

The police responded to an apartment complex to investigate the report of an assault with a gun. Upon arrival, the residents of the apartment building told the police that a man had broken into the building. The police searched the building and found our client hiding in the basement. The tenants told the police that our client did not have permission to enter the building. Our client was charged with breaking and entering and the case was dismissed prior to trial.

Identity Fraud – Dismissed

A woman reported to the police that our client had stolen her credit card information and attempted to have money wired to her account. An independent witness corroborated the alleged victim’s story. In addition to identify fraud, our client was charged with two counts of attempted larceny. All charges were dismissed prior to trial.

Receiving Stolen Property, Subsequent Offense – Dismissed

A local home was burglarized and the homeowner had her watch stolen. The police found a solicitation on Craigslist advertising the victim’s watch for sale. An undercover police officer scheduled a meeting to purchase the stolen watch. When the undercover officer arrived at the meeting, our client was present with the watch. He denied knowing the watch was stolen. Our client had previously been convicted of receiving stolen property. The case was dismissed prior to trial.

Filing a False Insurance Claim – Dismissed

Our client reported to the police that his car had been stolen and his cell phone was inside the car. The car was later found and had been stripped of its parts. The police and our client’s car insurance company conducted an extensive investigation and discovered that our client had continuously used his cell phone – which was allegedly inside the stolen car – while the car was missing. The Commonwealth hired an expert locksmith who concluded that none of the locks in the vehicle had been broken or tampered with, and our client’s story that he had locked the car before the alleged theft was therefore impossible. In addition to filing a false insurance claim, our client was charged with falsely reporting a motor vehicle theft. Both charges were dismissed prior to trial.

Forgery – Dismissed

Our client cashed a counterfeit American Express Traveler’s Check at a credit union. The credit union teller called the police and our client admitted he cashed the check. Because he had lost his ID, our client used his brother’s passport to cash the forged document. In addition to forgery, our client was charged with uttering. Both charges were dismissed prior to trial.

Assault and Battery on a Police Officer – Dismissed

Our client’s husband was involved in a dispute with a police officer regarding an illegally-parked truck. The police officer went to our client’s home and argued with the husband. The argument escalated and the officer and the husband began wrestling. Our client then allegedly punched the officer repeatedly in the chest. In addition to assault and battery on a police officer, our client was charged with resisting arrest. Both charges were dismissed prior to trial.

Leaving the Scene of Property Damage – Dismissed

The police responded to a wooded area to investigate the report of a car accident. The police found our client’s car on its roof with significant damage to the vehicle and the surrounding landscape. Police officers then went to our client’s house and found our client on his porch. He said he was alone in the car and didn’t remember the specifics of the accident. Our client was charged with one count of leaving the scene of property damage. The case was dismissed prior to trial.

Malicious Destruction of Property Over $250 – Dismissed

The police were called to our client’s home to investigate the report of a domestic disturbance. When the police arrived, our client’s girlfriend said she was arguing with our client about his philandering. According to the girlfriend, our client became enraged and smashed her laptop computer on the floor. Our client then grabbed a chair and smashed it against the wall. The police witnessed the damage to the computer and the chair. In addition to malicious destruction of property over $250, our client was charged with assault. Both counts were dismissed prior to trial.

Delivering Liquor to a Person Under 21 – Dismissed

Police responded to our client’s home to investigate a disturbance between two teenagers (one of whom was our client’s daughter). When the police arrived, they noted that both teenagers had been drinking. The teenagers told the police that our client had provided them with the alcohol and allowed them to drink in the home. The police confronted our client, who denied allowing the teenagers to drink (but admitted they might have been drinking without her knowledge). The police saw cups of alcohol all over the house. Our client was charged with furnishing alcohol to the teenagers. While the case was pending, we were able to obtain witness statements that damaged the Commonwealth’s case to the point that it could no longer prosecute our client. The case was dismissed prior to trial.

Identity Fraud – Dismissed

Our client and his brother were involved in a scheme to steal credit cards and use them to purchase expensive items before the cards were reported stolen.  Following a lengthy investigation by several police departments, our client was identified.  He was captured on surveillance video attempting to use the stolen cards.  He was charged with identity fraud and the case was dismissed prior to trial.

Sexual Conduct for a Fee – Dismissed

Our client was walking down a busy city street and trying to flag down male drivers. An undercover police officer pulled over to talk to our client, who allegedly offered to perform oral sex on the officer for a sum of money. Our client was arrested and charged with violating the law that prohibits offering sex for money. The case was dismissed prior to trial.

Larceny of a Drug – Dismissed

Our client was receiving treatment at a local hospital and was sitting in the waiting room with another patient.  When the other patient left the waiting room, our client was captured on surveillance video taking objects from her purse.  When the woman returned, she realized that her pain medication had been stolen.  Several hospital staff members identified our client from the surveillance footage.  The case was dismissed prior to trial.

Resisting Arrest – Dismissed

The police were investigating a report that our client’s boyfriend had assaulted his sister. During the course of the investigation, the police located our client and her boyfriend. Officers attempted to arrest the boyfriend when our client said, “take me instead.” Our client stood between the police officer and her boyfriend and would not allow the boyfriend to be handcuffed. Our client was charged with resisting arrest and the case was dismissed prior to trial.

Contributing to the Delinquency of a Minor – Dismissed

Our client was caught shoplifting in Walmart.  She was given a citation and sent away by the police.  Upon reviewing the store surveillance videos, the police discovered that our client had sent her 12-year-old son to the front of the store to take plastic bags from behind a register.  Our client then put the stolen merchandise in the bags to make it appear as though she had purchased the items.  Following the police investigation, our client was charged with contributing to the delinquency of a minor and shoplifting.  Both charges were dismissed prior to trial.

Larceny Over $250 – Dismissed

The police responded to a woman’s home who said she saw two men stealing car rims from her driveway. The woman provided a description of the men to the police. Our client was located by the police in the area a short time later. The woman positively identified our client as being one of the thieves. The case was dismissed prior to trial

Uttering a Promissory Note – Dismissed

Our client was in the midst of a messy divorce. According to her estranged husband, our client refinanced the mortgage to their home without his knowledge or consent. A police investigation concluded that our client had convinced her friend to pose as her husband while they signed the refinance paperwork that ultimately allowed her access to more than $40,000. The scheme was allegedly carried out in the presence of a notary public. In addition to uttering a promissory note, our client was charged with larceny over $250 by false pretenses. Both counts were dismissed prior to trial.

Assault and Battery on a Police Officer – Dismissed

Our client was attending a party that was being broken up by the police. When an officer told our client to leave, our client refused to move and began screaming at the officer. The officer again told our client to leave and our client shoved him and swore at him. Our client was placed under arrest after a brief struggle. In addition to assault and battery on a police officer, our client was charged with resisting arrest and disorderly conduct. All counts were dismissed prior to trial.

Vandalizing Property – Dismissed

Our client was arguing with his ex-girlfriend. During the course of the argument, our client allegedly used a large object to smash the windows of his ex-girlfriend’s friend’s car. Several witnesses saw the vandalism. The case was dismissed prior to trial.

Malicious Destruction of Property Over $250 – Dismissed

While responding to a disturbance at a restaurant, a police officer observed our client exit the restaurant and punch and shatter the glass door. In addition to malicious destruction of property, our client was charged with disorderly conduct. Both charges were dismissed prior to trial.

Forgery – Dismissed

Our client’s brother reported to the police that our client had stolen several of his checks, forged his signature, and made the checks payable to herself. The police conducted an investigation that included reviewing the checks and bank records. Following the investigation, the police charged our client with forgery and uttering. Both charges were dismissed prior to trial.

Breaking and Entering with Intent to Commit a Felony – Dismissed

Our client and his long-term girlfriend were in the process of breaking up. Following an argument, our client allegedly went to the girlfriend’s apartment and climbed onto the deck. He hung onto the side of the deck and punched out a window that the girlfriend was sitting next to. Our client then allegedly tried to grab the girlfriend and drag her outside, but she was able to fight him off. The police arrived and found the girlfriend covered in broken glass and bleeding. In addition to breaking and entering, our client was charged with assault and battery with a dangerous weapon and assault and battery. All charges were dismissed prior to trial.

Malicious Destruction of Property Over $250 – Dismissed

The police responded to a business to investigate the report of a break-in. The police heard people in the business breaking glass. Following an investigation and interviews with neighbors, the police concluded that our client had entered the property and broken several windows. Our client was caught fleeing the scene. In addition to malicious destruction of property over $250, our client was charged with trespass. Both charges were dismissed prior to trial.

Receiving Stolen Property – Dismissed

Our client’s truck broke down and our client was waiting for the tow truck. The police arrived and discovered that our client had an active arrest warrant. Our client was arrested and the police searched his truck, finding a mask, rubber gloves, numerous items used to break door locks, and property stolen from recent car breaks. In addition to receiving stolen property, our client was charged with possession of burglarious tools. We filed a motion to suppress the evidence seized from our client’s truck, arguing that the police lacked probable cause to search. A judge allowed our motion to suppress and the case was then dismissed.

Resisting Arrest – Dismissed

The police watched our client as he walked down the street and appeared to engage in a drug deal.  Officers began asking our client questions and our client gave evasive answers before turning around and running away.  The officers chased our client and ordered him to stop.  Our client continued to run, cross a busy street, and jump over a fence before being caught.  In addition to resisting arrest, our client was charged with disorderly conduct.  Both charges were dismissed prior to trial.

Breaking and Entering with Intent to Commit a Felony – Dismissed

A convenience store clerk called the police to report that our client and his two friends tried to buy cigarettes with a stolen credit card. A police officer found our client and his friend near the convenience store and they all ran in different directions. The police eventually caught up with all three individuals and found the stolen credit card in one of our friend’s pockets. The friend admitted that he and our client broke into several cars and stole numerous items. Our client was charged with breaking and entering with intent to commit a felony and disorderly conduct. Both charges were dismissed prior to trial.

Uttering – Dismissed

The police were called to a bank to investigate the report of an individual attempting to cash a stolen check. The police captured our client fleeing from the scene. The police then interviewed the teller, who said our client had attempted to cash a check without proper identification. It was later determined that the check was stolen. The owner of the check told the police our client did not have permission to cash his check. The entire event was captured on surveillance video. In addition to uttering, our client was charged with larceny under $250. Both charges were dismissed prior to trial.

Attempted Breaking and Entering – Dismissed

A woman called the police to report that someone had tried to break into her house. The police responded to the woman’s home and observed damage to the living room window, including the presence of a boot print. The police investigation led to our client and her two friends. The police recovered stolen property from our client’s friends and identified our client’s boot as having left the print at the house. DNA analysis of evidence found at the house linked our client to the scene of the crime. Our client was charged with attempted breaking and entering. The case was dismissed prior to trial.

Malicious Destruction of Property Over $250 – Dismissed

Our client’s ex-girlfriend reported to the police that her boyfriend had broken into her house. The police responded to her house and saw our client outside with blood all over his hands. The ex-girlfriend and independent witnesses told the police that our client punched in the front door and stormed into the house. In addition to malicious destruction of property, our client was charged with breaking and entering with intent to commit a felony. Both charges were dismissed prior to trial.

Delivering Liquor to a Person under the age of 21 – Dismissed

Our 21-year-old client and his two underage friends were sitting in a parking lot in a local town drinking beer. The police came upon them and saw them in possession of a large duffel bag containing unopened cans of beer. One of the underage friends was drinking one of the beers from the duffel bag. Our client took responsibility for the beer and was charged with delivering liquor to a person under the age of 21. The case was dismissed prior to trial.

Breaking and Entering with Intent to Commit a Felony – Dismissed

Our client was the get-away driver in a scheme to steal jewelry from a home. Once arrested, our client admitted to her participation during a taped interview. In addition to breaking and entering a building with the intent to commit a felony, our client was charged with larceny over $250. Both counts were dismissed prior to trial.

Defrauding an Innkeeper – Dismissed

A business owner reported to the police that an individual had purchased merchandise with a stolen credit card. The subsequent investigation led the police to believe our client had stolen the credit card and used it to buy the merchandise. The business owner identified our client as the thief. In addition to defrauding an innkeeper, our client was charged with larceny and conspiracy. All charges were dismissed prior to trial.

Assault and Battery on a Police Officer – Dismissed

Our client was intoxicated and refused to leave a restaurant. A police officer was called to escort him away from the building. Our client allegedly swore at the officer and said he wasn’t going anywhere. As the officer began to physically remove our client from the restaurant, he reported that our client elbowed him in the chest and attempted to bite him. A second officer ultimately arrived and our client was wrestled to the ground and arrested. Several witnesses observed our client’s conduct. In addition to assault and battery on a police officer, our client was charged with disorderly client. Both charges were dismissed prior to trial.

Property crimes and public peace crimes – Part 2