Quincy Theft Lawyer

Theft crimes are a common occurrence in Quincy, Massachusetts and the surrounding counties. Theft charges can arise from shoplifting from a local store, self-check-out theft, employee theft, theft of services (i.e. “dine and dash”), stealing from a vehicle, stealing from a home, and more. Theft/larceny offences are often considered crimes of moral turpitude which can result in loss of employment, adverse hiring decisions, loss of professional licenses, and immigration issues. Whether you were charged with theft due to an unintentional mistake, or due to a poor decision, the legal support of an experienced attorney is crucial to ensuring the best possible outcome.

In Massachusetts, many theft cases begin by way of a Clerk Magistrate Hearing which is also commonly referred to as “show cause hearing”. A Clerk Magistrate Hearing arises due to a complaint from a private citizen or from a police officer, and a court clerk schedules a hearing to consider the evidence and to determine whether to issue formal charges. There are two possible outcomes: (1) the clerk magistrate finds no probable cause and criminal charges are not issued; or (2) the clerk magistrate finds probable cause and issues a criminal complaint. It is advisable to be represented by an attorney at the Clerk Magistrate Hearing.

In some cases, particularly more serious cases or those which were witnessed by a police officer, the police may arrest an individual and issue a criminal complaint without a clerk magistrate hearing.

Defining Theft Charges in Quincy, Massachusetts

In Massachusetts, theft is defined as the unlawful taking of property that belongs to another individual or entity. This crime often involves some degree of stealth, trickery, deception, or the actual taking of another person’s property. Depending on the circumstances of the crime and the value of the property taken, theft can be charged as a misdemeanor or felony. The most common theft crimes in Massachusetts are:

• Shoplifting (G.L. c. 266, s. 30A)
• Larceny by stealing (G.L. c. 266, § 30)
• Larceny by embezzlement (G.L. c. 266, s. 30)
• Larceny by false pretenses (G.L. c. 266, § 30)
• Larceny by embezzlement (G.L. c. 266, s. 30)
• Receiving stolen property (G.L. c. 266, s. 60)
• Larceny from the person (G.L. c. 266, s. 25 (b))
• Larceny by stealing in a building (G.L. c. 266, s. 20)
• Larceny of leased or rented personal property (G.L. c. 266, s. 87)
• Larceny by stealing from a person 60 or older/disabled
• Receiving a Stolen Credit Card (G.L. c. 266, § 37B(b))
• Receiving a Lost or Misdelivered Credit Card (G.L. c. 266, § 37B(c)
• Fraudulent Use of a Forged, Expired, or Revoked Credit Card (G.L. c. 266, § 37B(f))

Larceny

Larceny occurs when an individual unlawfully takes the personal property of another individual or business. Elements of this crime include wrongfully and knowingly taking property, taking without the consent of the property’s owner, and taking with intent to deprive the owner of their property permanently.

Credit Card Fraud

Credit card fraud can occur when an individual uses another person’s credit card or identification information to make purchases without their permission. This can occur when an individual physically steals a credit card, steals information to clone a credit card, or tricks someone into giving them their credit card information.

Check Fraud

This charge can arise when an individual steals a check from a mailbox, forges a signature on a check, alters an existing check with chemicals, otherwise known as check washing, creates digital copies of checks to make counterfeit versions, or writes a check with insufficient funds to back the check.

Embezzlement

Embezzlement occurs when an individual steals money or property that was entrusted to them by another individual or entity. This crime is considered a form of financial fraud and can occur on a small or large scale. Embezzlement most often occurs in the business district of Quincy but can also involve schools, government bodies, or non-profit organizations.

Identity Theft

This crime occurs when an individual uses the personal information of another, such as their name, Social Security number, or credit card information, without the owner’s consent to open new bank accounts, make monetary purchases, or commit other activities of fraud.

Common Defenses Against Theft Crimes

The Law Offices of Daniel DeMaria has experience handling many types of theft cases and prides itself on formulating a customized defense for each client to maximize the chances of success. Potential defenses may include:

• Mistaken identity. This defense can be used in situations where you have been misidentified. We will meticulously comb through the evidence (including surveillance footage, where appropriate), to refute the charges against you.

• Insufficient evidence. If we believe the evidence presented by the prosecution is weak or inconclusive, our team can advocate for a dismissal or continuance without a finding (CWOF)
• Lack of intent. We can work to demonstrate you lacked the intent to commit the crime and permanently deprive the owner of the allegedly stolen property.
• Illegal search and seizure. We can challenge the evidence in a case that has been secured through an illegal search and seizure and protect your constitutional rights.

FAQs

Take Your Future into Your Hands With Daniel DeMaria, Esq.

When you are up against theft charges in Quincy, Massachusetts, the legal path ahead can feel daunting. Fortunately, you don’t have to walk it alone. Daniel DeMaria, Esq. will defend your rights and do his utmost to secure a favorable outcome. Contact our office today to schedule an initial consultation.