Theft or Property Crimes

Theft crimes, also known as property crimes, are primarily governed by Massachusetts General Laws Chapter 266. These involve offenses where the defendant commits an act of stealing, makes an act in preparation of stealing, or knowingly receives stolen property.  “Property” itself can come in my kinds of forms so long as it carries real monetary value. In general, stolen property valued over $1200.00 will be charged as a felony and anything below $1200.00 value will be charged as a misdemeanor. Initial valuation is solely dependent on what the alleged victim tells police. However, it will be the government’s burden at trial to prove beyond a reasonable doubt that property’s value exceeded $1200.00. Some specific items are exempt from the $1200.00 valuation analysis. For example, possession or use of stolen credit cards or motor vehicles are codified in their own separate criminal statutes. In addition, accusations of thefts against elderly or disabled victims, typically receive   

Most theft crimes are prosecuted in District Court. For first time offenders with little or no prior criminal record, a case can often be resolved without a criminal conviction if the client agrees to pay restitution. For incidents of shoplifting where merchandise was returned to the store, a skilled attorney may be able to negotiate a dismissal upon payment of a small fine or court costs. For those who are convicted or enter a plea will likely receive a probation sentence. Typically, jail sentences for larceny or property crimes are reserved for repeat offenders or cases with particularly egregious conduct. 

Unless these as a direct witness to the property crimes, the prosecution’s case will require a variety of evidence, and involve forensic scientific evidence. The government will utilize the testimony of experts in areas such as handwriting identification, tire and shoe tread identification fingerprint analysis, cell phone GPS warrants, and DNA collection. These witnesses, who regularly testify for the prosecution for a living, will argue that they are trained experts based on years of education and experience. In confronting these types of witnesses, you need an attorney who knows where to pinpoint weaknesses in the expert’s procedures and conclusions regarding these crucial pieces of evidence. Each piece of scientific evidence requires detailed legal analysis, and Attorney Chin works directly with his clients to challenge each item for authenticity, reliability, and relevance. Handling The government has a tremendous number of resources to construct their prosecutions, so investing in your defense is the best way to protect yourself. 

Superior Court prosecutions

A handful of “theft type” crimes are codified in Massachusetts General Laws Chapter 265. Those kinds of charges often involve additional violent or threatening activity that accompanies the act of stealing. Specifically, charges of armed robbery, unarmed robbery, or carjacking can only be prosecuted in Superior Court, meaning that you face heightened State Prison penalties and potentially harsher sentencing. If you are charged with a violent or threatening theft crime, you should contact Attorney Chin today. Many of these charges can be amended down to keep the case in District Court. Before your case reaches the grand jury stage, there are a variety of tactics and strategies that we can utilize to try to keep you from being indicted. If the government wishes to prosecute your case in Superior Court, their lawyers must present the case to a grand jury of your peers in an expeditious manner. 

Many white-collar crimes are also handled in the Superior Court. These offenses include, but are not limited to, embezzlement, money laundering, forgery, health care fraud, mail fraud, welfare fraud, counterfeiting and uttering, and fiduciary misapplication. These types of cases involve review of a significant amount of documentational evidence, so hiring an experienced defense attorney is the strongest way to defend yourself. To build these complicated financial prosecutions, the government may try to subpoena your financial records and/or business accounts. In order to protect your rights, Attorney Chin will fight to ensure that any requests to turn over your personal records receive maximum judicial scrutiny and pushback.