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.

If you receive a summons in the mail for a clerk magistrate or show cause hearing related to any type of crime including shoplifting, larceny, salt and battery or any criminal violation is important to speak with criminal lawyer as quickly as possible to get advice. Criminal lawyer Frank Fernandez is happy to speak with you and give you a free consultation as to what you should expect.

Call for free consultation related to your case and speak with a criminal lawyer in Boston now. 617-393-0250

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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.

When an officer testifies in a criminal case his personnel file may be made available and used to cross-examine him if it contains allegations or disciplinary proceedings that go to the officers credibility. That’s why it’s important to know who is testifying and obtain their personnel file if possible to see if there’s anything that can be used to challenge their Credibility during cross examination.

Frank Fernandez is a criminal lawyer in Boston serving all of Massachusetts in criminal litigation. Please feel free to call for free consultation 617-393-0250.

Police Departments are made up of officers and detectives grouped in different departments. Departments can be based on types of crimes or divided in a way that best makes sense. There are gang units, fugitive from justice units, violent crimes tasks force, drug units. Officers can be uniformed or work in plain clothes in an undercover capacity.

The police put their lives on the line everyday and work hard and receive little thanks for their hard work on a day to day basis. Police have a lot of power on the streets and generally deserve and receive the respect of civilians in the community who they protect. But like in any organization or society there are some bad apples who abuse their position of power or trust for their own benefit.

The internal affairs division is there to police the police and make sure any allegations of abuse of power or illegal activity by law enforcement is investigated and dealt with to ensure those bad apples are weeded out.

As a criminal defense attorney in Boston it is important to know those officers who are disciplined or fired for activity which is illegal since this goes directly to their credibility and can be brought out if they testify in cross-examination.

Many cases fall apart because the main officer needed to testify is no longer able to testify whether because they are retired and unavailable or because they were fired for disciplinary reasons and are no longer viewed as credible witnesses who can testify related to their prior criminal arrests. Cases can be won by knowing the status of the essential officers in your case. An experienced criminal defense lawyer will know whether the officers in your case are unable to testify.

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Officer on administrative leave arrested after taking police cruiser to Revere

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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.

Many evidence lockers and police departments merely require personnel to sign in to gain access to both pending and closed cases relevant evidence.

Rules of evidence require that any evidence, such as drugs, be kept in a fashion that it can be shown exactly who handled that specific evidence from the time it was discovered to the time of trial. This is what is referred to as chain of custody. This entails placing evidence in marked containers which are then initialed by the officers who did so and any other officer or personnel who later come into contact with this evidence. All this is done to ensure that the evidence remains as it was found.

Police departments have been criticized for having procedures which are lacking in preserving the security of evidence. With technological advances that exist today police departments should be required to have a better system to safeguard evidence in their possession
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Ludlow officer facing drug charges suspended

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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.

Armed robbery can be committed with more than just Gun. Any weapon which can cause harm if used during a robbery can lead to an armed robbery charge.

Frank Fernandez is a Boston criminal lawyer who has represented clients charged with armed robbery, receiving stolen property, larceny over $250 as well as a variety of other theft related charges.

To speak with a criminal attorney in Boston about your specific situation please call 617-393-0250 for a free consultation, please visit our website for more information

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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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Police arrest suspect after standoff in Revere

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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 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.

The two women were identified as Catriona Kaye, 29, of Mattapan and Sheila Estrada, 29, of Dorchester. Both women were arrested and charged with robbery. All three suspects will be arraigned in Brookline District Court, the two women for charges of robbery and most likely assault and battery, Roberts may be charged with conspiracy since as the driver of the vehicle it may be alleged that he participated knowingly in these robberies.

Escorts routinely rip off potential customers under the premise that the person would never call the police under such embarrassing circumstances. These three men were so upset by the actions of these escorts that they mustered the will to involve the police. Paying women for sex is obviously illegal with both the man and woman potentially facing prostitution charges and receiving sex for a fee. But what these women advertised was a private strip show and what the men told the police was that a strip show is what they had requested. No one knows whether this truly was a transaction for sex for a fee but it is credible that these women acted brashly and did in fact grab and push these men for the money once a disagreement arose believing that the police would never be involved.

As a Boston criminal defense attorney I have represented clients who have advertised escort services on craigslist, Eros and other websites promising a strip show or massage; I have also represented those charged for having paid money for sex. If one looks at these websites you can see that this is a thriving industry. The police monitor these websites at times pose as either a person offering services or a “John”. If you’ve been arrested for prostitution or receiving sex for a fee do not hesitate to contact me for a free consultation. The above case is unusual because rarely are the police called when assault and battery and robbery occurs after a dispute between an escort and those that called her.

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Police arrest two strippers for allegedly robbing Brookline men

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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.

The suspects are believed to have given false names and will be facing a variety of charges in Lawrence District Court today. Some of the charges will include armed robbery, kidnapping, assault and battery with a dangerous weapon as well as other charges related to providing police with false names.

Frank Fernandez is a criminal defense lawyer who practices law throughout all of Massachusetts. Call for a free consultation regarding criminal defense in Boston or throughout all of Massachusetts.

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Police nab 2 in crawlspace above holdup scene

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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.

Frank Fernandez is a criminal defense attorney serving the Boston area if you have any questions related to criminal case such as robbery or assault please feel free to call for a free consultation.

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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.

Frank Fernandez is a Boston criminal defense attorney who handles robbery, theft and a variety of other charges. Contact us for free confidential consultation.

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MBTA data: Reported crimes quadrupled at Andrew Station last year