Theft Case Results

Massachusetts Theft Case Results

Boston Municipal Court
Roxbury Division

Refusal to Return Stolen Property

The client is charged with, inter alia, refusal to return stolen property. Police officers observe the client and a woman engaged in an argument. When they approach the woman they realize she is crying. The woman states he will not give me my phone. The client hugs the woman and drops the phone into her purse. Roxbury Criminal Defense Attorney Jeff Miller files a motion to dismiss the charge of refusal to return stolen property.

Result: After hearing, Motion to Dismiss ALLOWED.

Chelsea District Court

The client was accused of receiving a stolen motor vehicle, receiving stolen parts from a car, larceny of a motor vehicle and possession of burglarious tools. According to the police, the client and another man drove to a residential neighborhood in the City of Chelsea. When they arrived, they began stripping a car that was parked in a driveway between two houses. The car doors were removed from the vehicle along with the engine. A neighbor called police. When police stopped the client’s car, car door, mirrors and numerous car parts were found in the vehicle. The client testified his friend informed him that he had bought the car parts on Craigslist and needed help picking them up. Chelsea Criminal Defense Attorney Jeff Miller prepares for trial.

Result: The jury returns a verdict of NOT GUILTY.

Chelsea District Court

The client was charged with Felony Larceny from a Person. The client and another woman had been partying. The alleged victim stated the client took $160 from her. She called the police. When the police arrived, the client was returning $31 to her. The client denied stealing any money from the alleged victim. Chelsea, MA Criminal Defense Attorney Jeff Miller investigates the case and prepares for trial.

Result: On the day of trial, Prosecutor files a Nolle Prosequi, ending the prosecution of the case.

Boston Municipal Court
Roxbury Division

The client was charged with breaking and entering a motor vehicle with intent to commit a felony and larceny over $250. The Commonwealth alleged they received a report that man was observed entering a parked car in the Roxbury section of Boston in the early morning hours. The caller observed the man come out of the car with a few bags. The caller stated he had recorded the incident on his cell phone. When police arrived they search for the individual. They observed the client walking with a couple bags in the nearby vicinity. The items inside the bags were alleged to belong to the owner of the car. Boston Criminal Defense Lawyer Jeff Miller prepares for trial.

Result: Case dismissed on the day of trial.

Chelsea District Court

The client was charged with three felony offenses, malicious destruction of property, possession of burglarious tools and receiving stolen property.  The Commonwealth alleged the following:  Police observed the client driving a motor scooter the wrong way down a one-way street.  The officer followed the client and approached him when he stopped a short-distance later.  When the officer approached the client, he observed the scooter was painted black and could see the original color was red (charge:  malicious destruction of property).  The officer also observed a screwdriver (charge:  possession of burglarious tools) in the tray under the handle bars.  The client informed the officer he had purchased the scooter from another man.  The client did not know the name of the seller.  The officer learned the scooter had been reported stolen a couple days before the incident (receiving stolen property).  Chelsea, MA Criminal Defense Attorney Jeff Miller prepares a motion to dismiss the malicious destruction of property charge and the possession of burglarious tools charge.

Result:  After hearing, motion to dismiss both counts ALLOWED for lack of probable cause.  The prosecutor declines to dismiss the receiving stolen property charge.  Attorney Miller prepares for trial.

Result:  On the day of trial, Receiving Stolen Property charge dismissed.

Chelsea District Court

The client was charged with Breaking and Entering with Intent to Commit a Felony and Felony Larceny over $250.  The government alleged the client broke into an home where he rented a basement apartment.  The homeowner informed police she returned home from work and noticed her 47″ television and other items were missing.  The homeowner told police she had a home surveillance camera outside her house.  The Police review the video.  The video allegedly shows the client walking around the house in the morning while smoking a cigarette.  The Police also allege they see the client place a large TV in the backseat of his car.  Chelsea Criminal Defense Lawyer Jeff Miller makes a discovery request for the video.  After multiple court dates, the Government is unable to produce the video.  Massachusetts Larceny Defense Attorney Jeff Miller files a motion to dismiss based not he unavailability of the video surveillance.

Result:  On the day of trial, Attorney Miller argues for dismissal based on the failure to provide the video.  The Judge denies the motion but sanctions the Commonwealth for failing to provide the discovery.  The Judge rules no witness can testify about any observations made on the video.  After the Judge’s ruling, the Commonwealth answers not ready.  Case Dismissed.

Chelsea District Court

The client was charged with Felony Breaking and Entering and Larceny over $250.  The Commonwealth alleged the client broke into a house with another person and stole several items including a flat screen TV and computer.  The police contacted the client and interviewed him prior to his arrest and without the benefit of counsel.  The client explained he was asked by a friend to help him move some items.  The client agreed.  The client told police he did not know they were stolen.  The Police choose to charge the client anyway.  Chelsea Felony Defense Attorney Jeff miller conferences the case with the prosecutor.  The prosecutor offers the client a plea which involved probation.  The client rejects the plea.  Suffolk County Criminal Defense Attorney Jeff Miller prepares for trial.

Result:  On the day of trial, the Prosecutor announces they are unable to prove the case.  Case Dismissed.

Chelsea District Court

The client was charged with Felony Receiving a Stolen Motor Vehicle.  The Commonwealth alleged a police officer observed a group on five men in a car.  The officer queried the RMV and the plate indicated the car was reported stolen.  The officer approached two of the five individuals and arrested them both for receiving a stolen motor vehicle.  Chelsea Criminal Defense Lawyer Jeff Miller prepares a motion to dismiss for lack of probable cause.

Result:  After hearing, Motion to Dismiss is ALLOWED.  Case Dismissed. 

Chelsea District Court

The client was charged with Felony larceny from a building and credit card fraud.  The Commonwealth alleged the client stole a bank card from her friend’s purse while visiting her apartment.  The client was contacted by police and admitted she had used the card to buy certain items at a convenience store.  Chelsea Larceny Attorney Jeff Miller prepares for trial.

Result:  Case dismissed on the day of trial. 

Boston Municipal Court
Roxbury Division

The client was charged with larceny by check.  The client was informed of a 10-year old warrant for her arrest.  The police report stated the client had passed a bad check at a local supermarket about ten years earlier.  The 17-year old client would have been 7 years old at the time of the incident.  Boston Municipal Court Larceny Defense Attorney Jeff Miller negotiates with the prosecuting attorney.

Result:  Prosecutor agrees to dismiss case prior to arraignment, no record.

Chelsea District Court

The client is charged with receiving stolen property.  The client and another gentleman are walking on the street in the early morning hours.  Police stop the client and discover a computer, and various computer accession laying in “tall grass” apporximately five yards from the client.  Boston, MA Larceny Attorney Jeff Miller researches cases on constructive possession and prepares for trial.

Result:  On the day of trial, the Commonwealth moves to dismiss the case.

Chelsea District Court

Police respond to a report of Breaking and Entering.  Upon arrival, the police observe the client walking in the area of the reported Breaking and entering.  Immediately, the officer performs a protective pat-frisk for weapons.  The pat-frisk results in the seizure of numerous tools.  The client is charged with possession of burglarious instruments.  Revere, MA Breaking and Entering Defense Lawyer Jeff Miller files a motion to suppress the tools based in part on the fact the officer did not have a reasonable belief the client was armed and dangerous.

Result:  After hearing, Motion to Suppress ALLOWED.

Chelsea District Court

The defendant is charged with 5 felony counts of Breaking and Entering a Motor Vehicle with the intent to commit a felony.  The government alleged the police received an anonymous phone call stating there was a man in the neighborhood breaking into cars.  The unknown caller gave a general description of the perpetrator.  Police respond to the scene and observe the defendant walking about two blocks from the alleged break-ins.  The time was about 4:00 a.m.  The police officer testified that it appeared the defendant had something underneath his coat.  The officer described it as bell-shaped.  The officer performs a pat-frisk and seizes multiple GPS systems.  Chelsea, MA Breaking and Entering Attorney Jeff Miller files a motion to suppress contesting the legality of the search.

Result:  After hearing, Motion to suppress ALLOWED, prosecutor moves to dismiss case.

Chelsea District Court

The defendant was charged with Possession of Burglarious Tools, Breaking and Entering and Attempt to Commit a Crime.  All three charges are felonies.  The government alleged a neighbor called the police and reported two men were breaking into the house next door.  The police respond to the address.  As the officer is walking to the back of the house, a neighbor states “be careful, one of them has a knife.”  Police observe the defendant in the backyard, looking into the engine compartment of an old truck in the backyard.  Chelsea, MA Criminal Defense Attorney Jeff Miller prepares for trial.

Result:  Jury finds defendant NOT GUILTY of all charges.

Chelsea District Court

The defendant is charged with Felony Breaking and Entering of a Motor Vehicle at night with the intent to commit a felony and assault and battery.  The government alleges the defendant was seated in the alleged victim’s car when the alleged victim opened the car door.  The defendant and the alleged victim engaged in a struggle and the defendant ran into his girlfriend’s house.  During the investigation, Chelsea, MA Criminal Defense Attorney Jeff Miller discovers the defendant’s girlfriend had a similar car.  Attorney Miller prepares for trial.

Result:  Case dismissed on the day of trial.

Chelsea District Court

The defendant was charged with Felony Uttering of a check.  The government alleged the defendant cashed a forged check in the amount of approximately $3000 while knowing it to be false.  Massachusetts Uttering Defense Attorney Jeff Miller investigates the case and interviews witnesses.  Attorney Miller prepares for trial.

Result:  Pretrial probation, no admission, no conviction, no jail time.

Chelsea District Court

The defendant is charged with Felony Receipt of a Stolen Motor Vehicle and multiple counts of Felony Receipt of Stolen Property.  The government alleged police received a report of a stolen car.  The car was equipped with Lojack.  Within 1 hour of the call, police tracked the car to the defendant’s address. As police were preparing to engage the defendant, the car backed out of the driveway.  Numerous police officers stop the car and order the defendant from the car at gunpoint.  Upon his exit, the defendant made statements inferring knowledge that the car was stolen.  There was no other indicia of a break to the car.  Chelsea, MA Receiving Stolen Motor Vehicle Defense Attorney Jeff Miller files a motion to suppress several statements.  Motion Judge ALLOWS the motion to suppress.

Result:  On the day of trial, prosecutor moves to dismiss case based on allowance of motion to suppress.

Chelsea District Court

The defendant is charged with Felony Insurance Fraud.  The government alleged the defendant, a small business owner, received insurance payment for work that was not performed.  The government provides a significant paper trial of documents in discovery.  Massachusetts Fraud Defense Attorney Jeff Miller investigates case and prepares for trial.  During trial preparation, Attorney Miller prepares motions in limine to exclude certain documents.  On day of trial, the trial Judge ALLOWS the motions in limine.  Based on Judge’s ruling on motions in limine, prosecutor announces they cannot sustain their burden.

Result:  Case dismissed on day of trial.

Boston Municipal Court
Central Division

The defendant is charged with Felony Breaking and Entering and Felony Possession of Burglarious Tools.  The government alleged an eyewitness observed the defendant enter an apartment building.  The police alleged they observed the defendant’s subsequent movements inside the building on a surveillance video.  Boston Municipal Court Defense Attorney Jeff Miller files a discovery motion for disclosure of the video.  The prosecutor provides a number of still photos but no video.  Attorney Miller files a motion to dismiss based on false information in the police report that could be documented.

Result:  Prosecutor concedes the motion and moves to dismiss the case.

Testimonials

Contact Us Today!

2 + 4 =