Articles Posted in Theft Crimes

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Client is a software engineer from India who would suffer the loss of employment if her company became aware of her being charged with the felony of larceny over $250. She is here on an H-1 B business visa and is the sole provider for her family back in India. Based on the extreme hardship she would suffer I was able to speak with the prosecutor explain situation and convince the Commonwealth to agree to postpone arraignment for her to complete 40 hours of community service. Upon completion of 40 hours of community service at a nonprofit organization they agreed to dismiss charges of larceny over 250 and receiving stolen property prior to arraignment.

Client was found with over two thousand dollars worth of merchandise that was taken from two stores. Since the merchandise was valued over $250 she was not charged with shoplifting but the more serious felony charge of larceny over $250 and receiving stolen property. The receiving stolen property charge was related to the property in her possession which was from another store. These types of matters can either be scheduled for a clerk magistrate hearing or in this case the person can be arrested, a bail set and scheduled for arraignment. She was arrested by the Braintree police and released on her own personal recognizance to appear in Quincy district court today.

As a criminal lawyer in Boston Frank Fernandez has handled many magistrate hearings some in Quincy, Boston Municipal Court and many other counties all around Massachusetts. A Clerk magistrate hearing is a hearing before a clerk in which the clerk of court decides whether probable cause exists to charge someone with a crime. The officer involved in the arrest does not need to appear. At times a witness or victim may be summonsed to testify. Hearsay is allowed and a clerk may hear from an officer not involved with the case who merely reads the police report as a summary of what took place. A person can then ask questions of the officer or be sworn in and testify themselves as to their version of the events. Anything you say can be used in future proceedings against you if charged with a crime. It is important to have a criminal attorney represent you to be able to speak on your behalf without you making any admissions or make statements which can later be used against you. A criminal lawyer can inform the clerk as to your personal situation and give reasons why a charge should not issue. Attorney Fernandez has been very successful in convincing the court to not proceed with charges although probable cause exists.

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A Boston police officer who has been on administrative leave since September 2013 was arrested after taking a police cruiser he was not authorized to use. The police cruiser was taken from Dist. C 11 in Dorchester, it appears he drove to Revere and was involved in a domestic incident that the Revere police are now investigating.

Donovan was arrested after the police car was found in Dorchester near his residence on Friday night. He’s been an officer since 2002 and has criminal charges pending related to larceny and now unauthorized use of a motor vehicle charges as well.

Every police department has an internal affairs division which investigate any complaints or suspicions of illegal activity from police in that department. Any allegations of police abuse or criminal activity will be investigated by the internal affairs division. Officers can suffer anything from suspension and firing to other disciplinary type proceedings which are then put in their personnel file.

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Lt. Thomas Foye was recently indicted related to charges that he took drugs from narcotics locker at the police station.

He is charged with tampering with evidence, theft of drugs from a dispensary as well as cocaine possession.

Police department’s manner of logging in and warehousing evidence has long been criticized as overdue for better procedures to ensure chain of custody and security of the evidence.

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On December 17 female entered a secondhand clothing store and threatened the cashier with a syringe if she did not receive all the cash in the drawer.

This happened at a store called second time around located on Newbury Street.

On December 29 police officers spotted the woman who was suspected of having committed this robbery in the South End of Boston in the area of E. Berkeley St. and Shawmut Avenue. Her name is Sheila King and she now faces charges of armed robbery.

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A Boston paramedic has pleaded not guilty to stealing painkillers and sedatives which he allegedly took from ambulances that he worked in. Benoit was charged with 73 counts of stealing drugs in Suffolk Superior Court. It’s alleged that during the summer of 2011 painkillers and sedatives intended for patients were taken from ambulances and in some cases replaced with other types of liquids.

Cases like these are treated seriously in that there is a breach of trust and especially when it involves the medical field and the treatment of patients.

Charges of larceny or stealing as well as possession of painkillers or sedatives are cases that are routinely handled by the criminal law office of Frank Fernandez. Mr. Fernandez is a Boston criminal defense attorney who is happy to answer any questions related to your specific criminal drug or larceny case and can be reached at 617-393-0250.

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After a five-hour standoff with Revere, Everett and Malden police as well as FBI and SWAT teams police finally captured Rolando Gala, 29, of Boston. Gala is suspected of being the backstreet bandit responsible for the robbery of the Brookline bank in Malden as well as other robberies that have recently taken place in the area.

Police were attempting to serve an arrest warrant at 68 Dale St. in Revere when the suspect refused to come out of the home claiming to be armed. The Revere SWAT team eventually entered the home after a five-hour standoff in which they tried to convince Gala to come out of the house peacefully.

Gala was found hiding in the attic. Gala had been previously arrested in 2010 and accused of three robberies in Revere, Saugus and Malden. No weapons were said to have been used in those robberies and no one was injured. Gala will be arraigned on new charges of bank robbery related to the bank in Malden.

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Three men decided to order “strippers” at 4:30am the other night from their Brookline apartment on Freeman Street. They looked on the website called eros.com where escorts will post their photo and contact information related to services.

The three men told police that they contracted two women from the site to perform a strip show. When the women arrived they were not the ones which appeared in the photos on the website so the men canceled the performance and refused to pay. This is when one of the women hit one of them in the face and grabbed the $800 he had in his hand and stuffed it in her bra; the other woman then pushed a second man who attempted to get the money back. Both women then fled the apartment.

Police responded to a robbery call received a description of the females and located them at a convenience store on Park Drive soon after. The women were with a man Dana Roberts, 35, who was driving them in a Mercedes, Roberts had outstanding warrants for traffic violation and for operating a vehicle with a revoked license and was arrested.

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The five-hour standoff with police ended with two suspects being found in a crawlspace in an apartment above the liquor store. The store owner has told police that shortly after noon on Sunday the two suspects entered his store one brandished a gun and hit him on the head with it, the other suspect also had a firearm. An employee and customer were also in the store at the time of the robbery all three men were beaten and held against their will.

The owner and his employee as well as the customer were eventually led from the liquor store one of them still bound in duct tape. They had injuries to their head and were led bleeding to a waiting ambulance.

The two suspects had nailed themselves into a crawlspace hoping to wait out the police who arrived on the scene shortly after the robbery began. The police were informed of the existence of the crawlspace and began to take down the wall hiding the men. Once found the suspects were led out of the liquor store in handcuffs to the applause of the crowd that had gathered throughout the day.

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Brian Smith, 43, pled guilty to two counts of masked armed robbery, one count of assault and battery with a dangerous weapon causing serious bodily injury, one count of receiving stolen motor vehicle and weapons charges.

These charges relate to a 2004 daylight robbery of an armored car that was like a scene out of the movie “The Town”; the robbery occurred in Quincy where the armored car driver was left severely wounded. Smith admitted to helping two other men, Dennis Quirk, 42, of Roslindale and Martin O’Brien, 43, of Malden in robbing the armored car in front of a citizens Bank on Hancock Street in Quincy in October 2004. The men were armed with AK-47 assault rifles and ambushed the driver of the Loomis Fargo armored truck.

The robbery occurred on October 21, 2004 at 10 AM. The driver resisted and was shot in the leg severing his femoral artery and almost killing him. The three suspects were said to have met in Smith’s Dorchester apartment prior to the robbery to put on fake beards and other makeup. Smith was sentenced to seven years it will run concurrently with the 30 to 35 year sentence he is serving for home invasion in Suffolk County. He was charged under the theory of joint venture or acting with others in committing a crime. The other two suspects Quirk and O’Brien pled guilty in 2007 and 2008 O’Brien was sentenced to 18 years and Quirk 25 to 30 years in state prison.

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Of all MBTA stations Andrew station saw the biggest increase in serious crimes in 2010. In 2009 five crimes were reported, all thefts at Andrew station; in 2010, 22 serious crimes were reported, 14 of which were robberies, there were also two assault and battery charges reported.

Mattapan’s MBTA station saw a drop in crime from 2009 to 2010 with reported crimes dropping from 15 to 4. Fields corner also saw a decrease in reported crimes from 15 to 7 reports in 2010.

The Wonderland MBTA station saw a rise in serious crime from 9 to 29 reported crimes. Andrew station which also serves as a bus terminal was tied with Park St., Ruggles and South station for most reports of serious crimes in 2010.