Police are accusing a Boston area man of several crimes related to allegedly using a filed down key to gain entrance into a police bait car, and then removing several small items before being apprehended.At the arraignment last week, the client plead not guilty to the charges, which included:
- possession of a motor vehicle master key
- breaking and entering in the night to commit a felony
- and larceny over $250
Attorney Patrick J. Murphy argued that his client had been set up by police. He stated that this was essentially a victimless crime, wherein all of the property involved in the allegations is owned by the city of Boston, and that the entire case was essentially a ruse set up by the Boston Police Department.
He further pointed out that his client had not been charged in any other break-ins, despite contentions otherwise by the Assistant District Attorney. Attorney Murphy expressed concern that all of the alleged prior charges recounted by the ADA during the hearing were not even for the correct defendant. In fact, the court documents listed the client with two different names, even though only one of them happened to be correct. This included documents reflecting the incorrect age for Murphy’s client in at least one place.
Further supporting the fact that the supposed prior crimes were not committed by this client is the fact that the client would only have been 15 years old at the time these purported crimes occurred. This means that even if we were to pretend that they were true, they would have been handled within the juvenile system. Attorney Murphy stated that he is working diligently to figure out how the improper criminal record was attributed to his client.
This case is one egregious example of a court system getting the record wrong. Having prior charges improperly attributed to you can mean the difference in a much harsher sentencing regime. For example, a prior conviction for petit larceny can almost triple your mandatory prison sentence (from 1 year to 1.5-2.5 years), double the fine you are forced to pay (from $300 to up to $600), and in some cases both. While it may seem like an insignificant difference, every day wrongfully spent in jail is one an individual will never get back. A dedicated defense attorney will ensure that improper charges in your criminal record are addressed head on, and that you do not receive a punishment you do not deserve due to a simple clerical error.
The Law Office of Patrick J. Murphy has substantial trial experience defending clients accused of larceny, and any other crime you may have been accused of. Keep in mind also that under our justice system, you are legally innocent until proven guilty. If you’ve been accused of larceny by stealing, a skilled defense attorney with specialized knowledge in the field of theft crimes will battle for you at trial to win your case. Attorney Murphy will fight to have the charges dismissed if possible, or to have your charges reduced in order to avoid a trial. Don’t jeopardize your future; contact the Law Office of Patrick J. Murphy today for a free legal consultation regarding your case by calling 617-367-0450 or submitting the online contact form.
More Blog Posts:
High Court in Massachusetts Rules Sharing of Marijuana Not a Crime, Boston Criminal Defense Lawyer Blog, published April 10, 2013
Has Tainted Evidence Affected Your Massachusetts Criminal Case?, Boston Criminal Defense Lawyer Blog, published April 4, 2013