Boston Criminal Defense Lawyer Blog

The Lawrence Eagle Tribune reports that Wakefield resident fifty-four year old James Potenza plead not guilty to a charge of larceny over $250.00 in the Haverhill District Court. According to the Tribune, Potenza was the treasurer of the Pentucket Youth Football League from June 2004 through March 2010. An investigation into the League's finances began after a number of unpaid invoices and bounced checks came to the attention of other board members. The prosecution is claiming that the investigation shows that Potenza took between $60,000.00 and $80.000.00. The case is set for June 7th for a pre-trial conference.

The charge of larceny of property over $250.00 is a felony with the potential of the defendant serving a state prison sentence in the event of a conviction. However, in view of the fact that Potenza has no criminal record it is unlikely that he will get a committed sentence. Although all of the facts are not known at this time, it appears that the prosecution will have to have a clear "paper trail" to pin the discrepencies on Potenza. To prove a larceny the Commonwealth must prove that Potenza took the money with the intent to permanently deprive the league of it. One potential defense may be to demonstrate that the defendant did not intend to keep any amount that the government can demonstrate he actually took. All elements of the crime must be proved beyond a reasonable doubt.

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A South Yarmouth woman, Cristina Marie Ragusa, pleaded not guilty to numerous counts of credit card fraud and larceny in the Lowell District Court. The Lowell Sun reports that Ragusa's former boyfriend claims that she stole more than $48,000.00 worth of items when she went on a spending spree using his credit cards and checks. Ragusa initially told her boyfriend that the money was used to pay her daughter's medical bills, but the duped boyfriend eventually went to the police to expose his former armour. Ragusa maintains her innocence and claims that her ex had full knowledge of her activities. The Sun reports that this is not Ragusa's first time in court as she is currently on probation for an unrelated matter.

The fact that a defendant is on probation and then picks up a new charge can result on the probation department filing a "surrender notice." An individual has the right to a surrender hearing in which the probation officer will come forward and inform a judge of the reasons that he or she wants to "surrender" the defendant. The typical reasons asserted for a probation surrender include that a defendant has been rearrested, a defendant has not completed terms of probation in a timely manner and/or that the individual has not paid imposed fines or fees.

If you are facing a probation violation hearing it is important that you have an experience Boston criminal lawyer on your side. The rules that apply during a surrender hearing are not the same as those that apply during a trial. The failure to have zealous representation at a surrender hearing can result in changes in the terms of your probation, changes in the disposition and incarceration.

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Eduardo Perez of Lawrence Massachusetts pleaded not guilty in Lawrence District Court to charges that he conspired with Marie Morey, his girlfriend and former accounting clerk for the probation department, to embezzle over two million dollars from the court's Probation Department. Morey is being held at MCI Framingham on $400,000. She is accused of manipulating the accounting books and bank records beginning in January 2006.

According to The Lawrence Eagle Tribune, Perez repeatedly shook his head in disagreement with the facts presented by the prosecutor as she outlined the Commonwealth's case. Although the District Attorney's Office requested that Perez be held on $2 million dollars and cited him as a flight risk; Judge Thomas Brennan stated that he did not believe that there were enough details to hold him on bail and he was released on personal recognizance.

In order to be convicted of larceny over $250.00 the Commonwealth must prove that a defendant stole the personal property of another with the intent to permanently deprive the owner of the use of the item. Larceny over $250.00 is a felony in Massachusetts. In Massachusetts a felony is any offense in which a defendant faces a possible sentece of state prison. A misdemeanor is a crime in which the defendant only faces the possibility of a house of correction or jail sentence.

If you have been charged with any type of crime in Massachusetts it is imperative that you have an experienced Lawrence Massachusetts lawyer on your side. An experienced lawyer knows that filing appropriate motions and pre-trial investigation is standard operating procedure to secure a successful result.

Continue reading "Lawrence Massachusetts Man Charged With Larceny Over $250.00 And Conspiracy In Connection With A Scheme To Embezzle Over Two Million Dollars From The Lawrence District Court Probation Department" »