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Theft Crimes

Boston Theft Crimes Defense Lawyer

In Massachusetts, there are degrees of seriousness for theft offenses, depending on the amount stolen and prior convictions. Shoplifting may carry less serious punishment than other types of theft, unless the accused has prior convictions. Larceny is typically a more serious offense.  If the value of goods alleged to have been stolen is greater than $250, then larceny is a felony. 

Examples of theft offenses are:

  • Shoplifting
  • Petty larceny (under $250)
  • Grand larceny (over $250)
  • Larceny by false pretense
  • Larceny by scheme
  • Being a common and notorious thief
  • Conversion (when one person converts another person's property to his or her own use — another legal term for stealing)
  • Larceny by check
  • Uttering (an attempt to cash a check or otherwise place it in circulation, and in so doing to implying that the check and the endorsement are both genuine)
  • Check forgery
  • Embezzlement
  • Receiving stolen property
  • Auto theft or Larceny of a Motor Vehicle
  • Receiving stolen vehicles

A conviction for any type of theft offense may certainly adversely affect your future.  Employers typically investigate potential job applicants by running a criminal record or "CORI" check.  A conviction for a theft offense would obviously weigh heavily on the mind of a prospective employer seeking someone who is reliable, dependable, trustworthy and honest.  Depending on the seriousness of the allegations, you could be facing a potential prison sentence.  If you are not a citizen of the United States, you could be deported.  It is paramount to avoid a conviction for a theft crime.

Attorney Yannetti has been handling theft-crime cases for seventeen years, both as a prosecutor and now as a criminal defense attorney.  He provides top-quality representation to both adults and juveniles.  Contact Attorney Yannetti to discuss your rights, defenses, and potential outcomes to any case for which you are charged or are being investigated.                                                                                                                  

Free Phone Consultation:
Contact Boston, Massachusetts, theft crimes defense lawyer David Yannetti.

Recent Theft Crimes:

August 4, 2010
Boston Municipal Court
Roxbury Division
Docket No. 1002-CR-0457
Client, a 20 year-old university student studying to become a veterinarian, was charged with larceny over $250, a felony.  Client allegedly found a fellow student's laptop in the bathroom at school, took it back to her dorm room, used it and did not return it.  When confronted by the police, Client admitted her wrongdoing.  Client hired Attorney Yannetti to preserve her clean criminal record.  Today, on the third court date, Attorney Yannetti persuades both the prosecutor and the judge to dismiss the case.  Result: Case Dismissed.June 22, 2010

Newton District Court
Docket No. 0912-CR-0842
Client, a 25 year-old real estate broker, was charged with Assault and Battery and Larceny over $250, a felony.  Client allegedly attempted to steal expensive items from an upscale department store.  When she was leaving the store and was confronted by security officers, she fought them -- and the fight was caught on video tape.  Client hires Attorney Yannetti to try to preserve her clean criminal record.  After several months of investigaton and negotiation, Attorney Yannetti today persuades the prosecutor and the judge to place Client on pre-trial probation.  Client therefore admits to no wrongdoing and the case will be dismissed with no repercussions for Client's record as long Client performs 16 hours of community service.  Result: Case Dismissed.

April 5, 2010
Boston Municipal Court
Central Division
Docket No. 0901-CR-2742
Client, a 24 year-old college educated woman scheduled to take her C.P.A. exam, contacted Attorney Yannetti about this case, which was dismissed back in July, 2009.  Client was charged with Larceny over $250.00 as a result of allegedly stealing clothing from an upscale department store.  Client hired Attorney Yannetti to make sure that this charge does not appear on her criminal record, as she was highly concerned about background checks.  Today, Attorney Yannetti succeeds in having all records of this case permanently sealed. As a result, Client can now truthfully answer on any job or official application that she has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.

March 26, 2010
Cambridge District Court
Docket No. 0952-CR-2885
Client, a 24 year-old account executive, was arrested for Receiving Stolen Property, Malicious Destruction of Property and Attempted Breaking and Entering at Nighttime, a felony.  Client was highly intoxicated when he allegedly destroyed an elderly man's fence, broke into his yard and took a bicycle.  The police caught him before he was able to get away.  Client hired Attorney Yannetti.  Today, after several court dates and much negotiation, Attorney Yannetti persuades both the prosecutor and the judge to impose pre-trial probation.  Client therefore admits to no wrongdoing and the case will be dismissed with no repercussions for Client's record.  Result: Case Dismissed.

March 10, 2010

Quincy District Court
Clerk's Hearing
Client, a 40 year-old dance teacher was stopped in a department store for allegedly attempting to return a pair of pants that she had not purchased from that store.  Client hired Attorney Yannetti to represent her at the clerk magistrate's hearing.  Today, despite the desire of the store detective for the complaint to go forward, Attorney Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client.  Client never appears before a judge. This case will therefore never appear on her criminal record. Result: Application for Complaint Dismissed.

January 25, 2010
Dedham Juvenile Court
Docket Nos. FIYO-9Q-0049 through -0052, FID-09D-0020 through -0025, FID-09Q-0035 through -0039
Client, a 16 year-old high school student, was indicted as a Youthful Offender and faced with 31 charges, including nine counts of Larceny of a Firearm, Larceny of a Motor Vehicle, Breaking and Entering with the Intent to Commit a Felony and Carrying a Firearm without a License.  The prosecution alleged that Client and two friends had broken into one home, stolen jewelry and the car in the garage.  They then allegedly drove to Client's uncle's house, where they stole 9 firearms that had been locked up in the home.  Client gave a full confession to breaking into the first home and stealing the items alleged.  If convicted as an adult -- which is generally the purpose of the prosecution when the seek "youthful offender" indictments -- client faced a minimum mandatory sentence of 1 1/2 years in the house of correction.  After initially retaining another attorney (with whom they were unhappy), Client's parents hired Attorney Yannetti.  Both of Client's friends pled guilty to all 31 charges they faced and both were prepared to testify against Client.  Today, despite the strength of the prosecution's case against Client, Attorney Yannetti persuades the prosecutor to dismiss 20 of the 31 charges Client faced.  In addition, Client admits to 9 of the charges as a juvenile and is placed on probation for those counts.  Client only admits to two "carrying of a firearm" indictments as a youthful offender -- and is not sentenced as an adult.  Instead, he is committed to the Department of Youth Services.  He therefore will obtain counseling and treatment rather than being warehoused in a prison cell.  Client may be released after as a few as six months.  Result: Twenty of Thirty-One Charges Dismissed, Client sentenced as a Juvenile and Avoids a Minimum Mandatory House-of-Correction Sentence.

October 30, 2009
Boston Municipal Court
East Boston Division
Docket No. 0805-CR-1015
Client, the local station manager for an airline, hired Attorney Yannetti in 2007 to fight charges that he had embezzled approximately $36,000.00 over the course of a year from his employer.  On January 20, 2009, Attorney Yannetti persuaded a judge to allow his motion to dismiss the case.  Client thereafter rehired Attorney Yannetti to petition the court to seal the case.  Today, Attorney Yannetti succeeds in having all records of this case permanently sealed. As a result, Client can now truthfully answer on any job or official application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.

October 16, 2009
Boston Municipal Court
Central Division
Docket No. 0901-CR-3288
Client, an excellent University student who wants to become a veterinarian, was charged with credit card fraud.  She allegedly was at a bar with some friends when she found an apparently abandoned pocket book in the ladies room.  A little under the influence of alcohol, client allegedly proceeded to use a credit card from that pocket book to buy a round of drinks at the bar and was -- not surprisingly -- caught for doing so and arrested.  Client hired Attorney Yannetti to help her to avoid a criminal conviction that would ruin her chance for further schooling and ruin her chance for her chosen career.  Today, Attorney Yannetti persuades both the prosecutor and the judge to place Client on pre-trial probation.  Client therefore does not plead guilty and admits to no wrongdoing.  As long as she completes twenty hours of community service and does not get arrested again, the case will be dismissed with no repercussions for Client's criminal record. Result: Case Dismissed.

September 3, 2009
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 19 year-old college student, was allegedly caught shoplifting at a upscale department store in Boston -- for the second time in a six month period.  Client hired Attorney Yannetti to represent her at the clerk magistrate's hearing.  Today, Attorney Yannetti persuades both the police officer and the assistant clerk magistrate that the application for complaint should not issue against Client -- despite the prior shoplifting incident. Client never appears before a judge. This case will therefore never appear on her criminal record. Result: Application for Complaint Dismissed.

August 10, 2009
Framingham Juvenile Court
Clerk's Hearing
Three 14 year-old boys allegedly stole goods from a department store.  The parents of all three boys hired Attorney Yannetti to represent the boys at a joint clerk's hearing.  Today, Attorney Yannetti persuades both the police officer and the clerk magistrate that the application for complaint should not issue against any of the three Clients, as long as each one completes 20 hours of community service. Clients never appear before a judge.  This cases will therefore never appear on their criminal records. Result: Applications for Complaints Dismissed.

August 4, 2009
Brockton District Court
Docket No. 0815-CR-1542
Client, a 32 year-old contractor, was charged with larceny over $250, a felony, as a result of a dispute he had in 2005 with a homeowner. Client allegedly took $80,000 from the homeowner, spent $13,000 of that money on architects, engineers and laborers, and pocketed the remaining $67,000. After being summonsed to the police station, Client gave a videotaped statement, during which he admitted that he owed tens of thousands of dollars to the homeowner. Client failed to pay any of the money back. Client hired Attorney Yannetti to investigate and help him resolve this matter. Attorney Yannetti arrives in court today ready for trial, and armed with a plethora of material to impeach the credibility of the homeowner. After a lobby conference and hours of negotiation with the prosecutor, Attorney Yannetti persuades the judge to dismiss the case against client upon the payment of $67,000. The judge agrees to dismiss the case over the prosecutor's objection. Result: Case Dismissed.

July 28, 2009
Dedham Juvenile Court
Clerk's Hearing
Client, a 17 year-old high school student, allegedly stole money from a fellow student's backpack in the school locker room. When contacted by the police, Client's parents hired Attorney Yannetti to resolve this matter. Attorney Yannetti brought his Client into the police station to give a statement and explain his actions. In exchange, the investigating officer agreed to schedule this matter for a clerk's hearing. Today, Attorney Yannetti persuades both the police officer and the assistant clerk magistrate that the application for complaint should not issue against Client, as long as he completes 80 hours of community service. Client never appears before a judge. This case will therefore never appear on his criminal record. Result: Application for Complaint Dismissed.

July 1, 2009
Ayer District Court
Docket No. 0848-CR-2038
Client, a 38 year-old insurance agent, falsified an insurance application on behalf of a potential customer, signed that potential customer's name to the application and submitted it to an insurance company along with a forged check in the potential customer's name. When the check was returned for insufficient funds, the potential customer was notified by the Registry of Motor Vehicles that her driver's license was going to be suspended for her failure to insure her car. She therefore reported the fraud to the police, who proceeded to investigate. Client confessed to his wrongdoing. He then hired Attorney Yannetti to minimize the damage to his otherwise clean criminal record. Today, Attorney Yannetti persuaded the judge to continue this case without a finding -- over the objection of the prosecutor, who had insisted on convictions and a hefty fine. Client only needs to perform community service and will be eligible to have this case dismissed in 18 months. Result: Client Avoids a Conviction on All Charges.

May 21, 2009
Boston Municipal Court
Roxbury Division
Clerk's Hearing
Client, a college student on the dean's list, allegedly stole the cell phone of a fellow student on campus. Client hired Attorney Yannetti to represent her at the clerk magistrate's hearing, where she faced the prospect of having a larceny complaint issue against her. Today, Attorney Yannetti persuades both the police prosecutor and assistant clerk magistrate that the application for complaint against her should not issue. Client never appears before a judge. This case will never appear on her criminal record. Result: Application for Complaint Dismissed.

May 7, 2009
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a college student with a very bright future ahead of her, was allegedly caught attempting to steal an expensive pair of designer jeans from an upscale department store. As a result, she faced the prospect of having a larceny charge on her otherwise clean criminal record. Client hired Attorney Yannetti to represent her at the clerk magistrate's hearing. Today, Attorney Yannetti persuades both the police prosecutor and assistant clerk magistrate that the application for complaint against her should not issue. Client never appears before a judge. This case will never appear on her criminal record. Result: Application for Complaint Dismissed.

April 27, 2009
Boston Municipal Court
Central Division
Docket No. 0901-CR-2635
Client, a recent college graduate working an associate in a local firm, was arrested for attempting to steal over $2,000 in clothing from an upscale department store. As a result, she faced a charge of larceny over $250, a felony. Today, Attorney Yannetti persuades the prosecutor and the judge to allow Client to be placed on pre-trial probation. This means that Client does not admit to any crime. After six months -- as long as she avoids further arrests -- the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.

March 26, 2009
Worcester District Court
Docket No. 9062-CR-7593
Back in 1990, represented by another attorney, Client pled guilty to shoplifting and paid a fine despite having no previous criminal record. Client was 23 years old then. In the ensuing years, Client graduated from school, moved out of state and became a police officer. Client therefore contacted Attorney Yannetti to petition to seal this old conviction. Today, Attorney Yannetti succeeded in having all records of this conviction permanently sealed. As a result, Client can now truthfully answer on any job or official application that she has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.

February 23, 2009
Boston Municipal Court
Central Division
Docket No. 0201-CR-1073
Back in 2002, represented by another attorney, Client admitted to sufficient facts to a larceny charge, despite the fact that he was not a citizen. Several years later, married with a young child, he faced the prospect of deportation -- despite having successfully completely probation and never being charged with any other crime. Client therefore hires Attorney Yannetti to investigate whether this old case might be re-opened. After researching the court's file, Attorney Yannetti discovers an error in the paperwork filed with the court at the time that client admitted to sufficient facts. Attorney Yannetti therefore files a motion for new trial. Today, Attorney Yannetti persuades the judge to allow his motion for new trial. This case is then resolved in a fashion that will not hinder Client's attempts to become a citizen. Result: Client's Immigration Status Preserved.

January 20, 2009
Boston Municipal Court
East Boston Division
Docket No. 0805-CR-1015
Client was the local station manager for an airline. His employer alleged that he embezzled approximately $36,000.00 over the course of a year by skimming money from DVD rentals and liquor sales on flights. Over the course of a year (while this felony larceny case was pending in the East Boston Division of the Boston Municipal Court), Attorney Yannetti convinced a judge to suppress many documents from evidence -- thereby damaging the prosecution's case. Back on April 23, 2008, when the case was finally scheduled for trial, Attorney Yannetti convinced a judge to dismiss the case without prejudice. The prosecution, however, then re-applied for a new complaint in East Boston. Attorney Yannetti therefore filed a second motion to dismiss, before a different judge. Today, that new judge allows Attorney Yannetti's motion to dismiss, agreeing that Client's speedy trial rights were violated. Result: Case Dismissed.

January 16, 2009
Concord District Court
Clerk's Hearing
Client, a graduate student, was facing a complaint for shoplifting from a local farm stand. If the complaint had issued, Client would have had an entry on her criminal record. Today, Attorney Yannetti persuades the police prosecutor and assistant clerk magistrate that the application for complaint against her should be dismissed. As a result, a CORI check will not reveal to an inquiring employer that this case ever existed. Result: Application for Complaint Dismissed.

December 12, 2008
Theft Investigation
Client allegedly stole in excess of $8,000 from her ex-husband by fraudulently withdrawing money from their joint account. After a month of negotiation with her ex-husband's attorney, Attorney Yannetti convinces them not to report Client to any law enforcement agency. Instead, her ex-husband agreed to accept restitution of the monies taken, a return of his remaining personal property and payment of his attorney's fees. Today, the settlement agreement is finally signed and the matter is resolved amicably without police involvement. Result: No Charges are Brought.

October 16, 2008
Boston Municipal Court
Central Division
Docket No. 0801-CR-6378
Client, a 24 year-old student finishing his last semester in college, was arrested in August for attempting to cash a counterfeit check at a local bank. A conviction for this felony would damage Client's ability to obtain employment in an accounting firm, which was his career ambition. Client therefore hired Attorney Yannetti. Today, Attorney Yannetti convinces the prosecutor not to take the case to trial, and to instead allow Client to be placed on pre-trial probation. The judge agrees. This means that Client does not admit to any crime. After six months, the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.

August 13, 2008
Woburn District Court
Clerk's Hearing
Client, a recent high school graduate, was allegedly caught shoplifting at a department store. Attorney Yannetti schedules the matter for a clerk's hearing. If a complaint were to be issued against him, Client could have her future prospects for education and/or employment severely damaged. Today, Attorney Yannetti persuades an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.

July 18, 2008
Boston Municipal Court
Roxbury Division
Docket No. 0802-CR-0642
Client, a 22 year-old college student, was charged with larceny from a building and two counts of credit card fraud. He allegedly stole a man's wallet from a locker room, then used the credit cards to buy a baseball cap and sunglasses. Client hired Attorney Yannetti to advocate for him. While the criminal case was pending, Attorney Yannetti presented the prosecutor with evidence of client's mental health problems -- including proof that his medication had been dangerously increased shortly before the date of the alleged theft. Attorney Yannetti also presented evidence of Client's stellar background. Today, Attorney Yannetti persuades the prosecutor and the judge to place Client on pre-trial probation -- meaning that Client does not admit to any crime. Client merely has to pay restitution for the stolen items and the case ultimately is dismissed with no repercussions for Client's record. Result: Case Dismissed.

July 11, 2008
Worcester District Court
Docket No. 0762-CR-10407
Client was charged with possession of stolen credit cards and uttering (using) those same stolen cards. The state police found the stolen cards in client's wallet. They also found stolen merchandise (and receipts) on Client's person and also in the car in which he was riding. After his arraignment, Client hires Attorney Yannetti to investigate. Attorney Yannetti files a motion to suppress all of the evidence that was seized. On May 5, 2008, Attorney Yannetti cross-examined the arresting state trooper during a hearing on that motion to suppress. After considering all of the evidence and the legal arguments presented, the judge thereafter allowed Attorney Yannetti's motion to suppress. Today, the prosecutor announced in open court that he would not appeal the judge's ruling -- so all charges were dismissed. Result: Motion to Suppress Allowed, Case Dismissed.

May 2, 2008
Brookline District Court
Docket No. 0809-CR-0174
Client was allegedly caught on video stealing another woman's expensive pocketbook from the bar area of a restaurant. Client, who often frequented that establishment, was also allegedly caught stealing tips from the bar ten days later. Client was therefore charged with larceny over $250 (a felony) and larceny under $250 (a misdemeanor). Attorney Yannetti eventually convinces the prosecutor to dismiss the felony charge and to recommend a continuance without a finding on the misdemeanor larceny charge. Client needs only to make restitution for the pocketbook and its contents and the case will be dismissed in six months. Result: Felony Dismissed, Client avoids conviction on misdemeanor.

April 29, 2008
Boston Municipal Court
Central Division
Docket No. 0801-CR-3248
Client, a graduate student with a clean record and a very bright future, was arrested at a high-end department store for allegedly shoplifting a designer shirt. If this matter proceeded to an arraignment, Client would incur an entry on his criminal record, which would adversely affect his job search upon graduation. Today -- when Client was scheduled to be arraigned on this theft charge -- Attorney Yannetti successfully convinced the prosecutor and judge to dismiss this case before his arraignment. Client needs only to pay $250.00 in court costs and there will be no entry on his criminal record at all. Result: Case Dismissed.

April 23, 2008
Boston Municipal Court
Central Division
Docket No. 0801-JC-2345
Client was the local station manager for an airline. His employer alleged that he embezzled approximately $36,000.00 over the course of a year by skimming money from DVD rentals and liquor sales on flights. Over the course of a year (while this felony larceny case was pending in the East Boston Division of the Boston Municipal Court), Attorney Yannetti convinced a judge to suppress many documents from evidence -- damaging the prosecution's case. Today, when the case was finally scheduled for trial, Attorney Yannetti convinced a judge to dismiss the case entirely. Result: Case Dismissed.

April 18, 2008
Boston Municipal Court
Central Division
Docket No. 0701-CR-8040
Client, a fully disabled out-of-state Gulf War veteran, allegedly participated in a counterfeit check scam. When he tried to deposit counterfeit checks into his bank account (in order to finance home improvements designed to make his residence more handicapped-accessible), the police charged him with uttering a false instrument, two counts of forgery and two counts of attempted larceny by check. Client contacted Attorney Yannetti, who after investigating this matter agreed to represent Client pro bono publico. For three court dates (including Client's arraignment), Attorney Yannetti successfully convinced three judges to waive Client's appearance in court, so that he would not have to travel several hours to get to Massachusetts. Today, Attorney Yannetti finally convinces the prosecutor to file a nolle prosequi of all charges. A nolle prosequi is the functional equivalent of an outright dismissal, as the prosecutor essentially announces that he chooses not to prosecute the case. Client never appears in court. Result: Case Dismissed.

April 18, 2008
Boston Municipal Court
Central Division
Docket No. 0301-CR-0029
Back in 2003, Attorney Yannetti successfully convinced a judge to place Client on pre-trial probation, then ultimately to dismiss this felony larceny case against Client. Five years later, Client re-hired Attorney Yannetti to petition the court to seal the official records regarding this case. Today, Attorney Yannetti convinces the judge to permanently seal the records. As a result, Client can now truthfully answer on any job or school application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.

January 7, 2008
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a medical school graduate applying for his residency, was charged with shoplifting after allegedly taking some men's cologne from a downtown department store. If a criminal complaint was issued against him, his prospects for employment would be greatly diminished. Client hires Attorney Yannetti, who schedules the case for a clerk magistrate's hearing. Today, Attorney Yannetti convinced the assistant clerk magistrate that no complaint should be issued against Client. Client's record therefore remains completely clean. Result: Application for Complaint Dismissed.

January 4, 2008
Boston Municipal Court
Central Division
Docket No. 9801-CR-2782
This past Monday, Attorney Yannetti succeeded in obtaining a new trial and a "Not Guilty" verdict for Client regarding this old shoplifting case. Over the past few days, Client wrestled with the decision of whether he should still petition the court to seal the case, in light of his acquittal. He ultimately decided that he did indeed want to have the case sealed. Today, Attorney Yannetti convinces the judge to permanently seal the records. As a result, Client can now truthfully answer on any job or school application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.

December 31, 2007
Boston Municipal Court
Central Division
Docket No. 9801-CR-2782
Client was given pre-trial probation for a shoplifting case in 1998. The charge was ultimately dismissed after he successfully completed probation in 1999. In 2007, Client hired Attorney Yannetti to petition the court to seal the official records regarding this case. Today, Attorney Yannetti instead brought a motion for new trial, which the judge allowed. Attorney Yannetti then convinced the judge to return a verdict of "Not Guilty." Result: Motion for New Trial Allowed, Client found Not Guilty.

August 7, 2007
Lynn District Court
Docket Nos. 0613-CR-5817; 0613-CR-5832; 0613-CR-5843
Clients, an elderly woman and her two daughters, were all originally charged with shoplifting on a joint venture theory. Back in October 2006, all three women hired Attorney Yannetti, who succeeded in convincing the prosecutor and the judge to dismiss all three cases upon the payment of $100 court costs by each Client. All three Clients subsequently re-hired Attorney Yannetti to petition the court to seal the official records regarding these cases. Today, Attorney Yannetti convinces the judge to seal all of the records. As a result, each Client can now truthfully answer on any job or school application that they were never arrested, charged or convicted of these crimes. Result: Cases Permanently Sealed.

July 18, 2007
Salem District Court
Docket No. 0736-CR-0154
Client, a 26 year-old college graduate, confessed to his employers that he had stolen nearly $5,000 worth of prescription pills over a series of months from the pharmacy at which he worked as a technician. Client was then charged in court with six counts of larceny of a drug -- a felony for which there is no district court jurisdiction. Attorney Yannetti first convinces the district attorney's office not to indict Client so that his case will remain in district court and not be transferred to superior court. Then today, Attorney Yannetti convinces the prosecutor to: (1) dismiss five of the six charges outright; (2) reduce the only remaining charge to simple larceny and (3) recommend a continuance without a finding on that remaining charge. Result: Client avoids indictment, has five of six charges against him dismissed, and avoids a criminal conviction on the remaining charge.

June 28, 2007
Marlboro District Court
Clerk's Hearing
Client, a mother of two who is in the process of applying for a green card, was facing a felony larceny charge as a result of allegedly stealing $317 worth of goods from a department store. If a complaint had issued against her today, it might have affected her immigration status. At the clerk magistrate's hearing today, Attorney Yannetti convinces the clerk magistrate and police prosecutor not to issue the criminal complaint. Client only needs to pay $100 in court costs and she avoids prosecution. Result: Application for Complaint Dismissed.

June 20, 2007
Natick District Court
Clerk's Hearing
Client, an immigrant applying for citizenship, was facing a felony larceny charge as a result of allegedly embezzling over $1600.00 from her employer. If a complaint had issued against her today, it would have stained her otherwise clean criminal record. At the clerk magistrate's hearing today, Attorney Yannetti convinces the clerk magistrate not to issue the criminal complaint. Client only needs to perform eight hours of community service and she avoids prosecution. Result: Application for Complaint Dismissed.

May 15, 2007
Boston Municipal Court
Central Division
Clerk Magistrate's Hearing
Client, a facilities manager, was facing a charge of attempted larceny, as a result of his alleged attempt to cash a bogus check at a check-cashing store. Today, Attorney Yannetti successfully argues that Client was actually the victim of a mail scam. Before trying to cash the check, Client had been informed that he had "won a lottery drawing" held by his credit card company -- and received in the mail a bogus check that he actually believed was genuine. Attorney Yannetti convinces the police prosecutor and the clerk magistrate that a complaint should not issue against client -- thus preserving his clean criminal record. Result: Application for Complaint Dismissed.

March 30, 2007
Boston Municipal Court
Central Division
Docket No. 0701-CR-1368
Client was scheduled to be arraigned today on a complaint alleging attempted larceny, as a result of his alleged attempt to cash a bogus check at a local bank. Prior to his arraignment today, however, Attorney Yannetti successfully argues that Client was actually the victim of a mail scam. Before entering the bank, client had been informed that he had "won a lottery drawing" held by his credit card company -- and received in the mail a bogus check that he actually believed was genuine. Attorney Yannetti convinces the district attorney's office and the judge that Client should not be arraigned on the charge and that Client should instead be granted a clerk's hearing to contest the issuance of the complaint. Result: Client's case is remanded for a clerk's hearing, so that no entry appears on his criminal record.

February 6, 2007
Boston Municipal Court
Brighton Division
Docket No. 0608-CR-1911
Client, a salesman, was charged with larceny over $250.00, a felony, as a result of allegedly failing to mail a camera to a customer who had purchased it from him on eBay. Attorney Yannetti convinces the prosecutor and the judge to dismiss the case outright today in exchange for Client agreeing to refund the customer's money. Result: Case Dismissed.

January 16, 2007
Boston Municipal Court
Central Division
Docket No. 0501-CR-5985
Client was charged with larceny by scheme for allegedly cashing fraudulent checks, on multiple dates, at a check-cashing store. At the pre-trial hearing today, Attorney Yannetti convinces the prosecutor and the judge that Client was not at fault. Result: Case Dismissed.

January 10, 2007
Boston Municipal Court
Central Division
Docket No. 0601-CR-2964
Client was charged with shoplifting as a result of allegedly stealing six pairs of sunglasses from a store. Client had prior offenses for shoplifting on his criminal record -- cases regarding which Client had been represented by other attorneys, and cases to which client had pled guilty upon the advice of those other attorneys. On this new case, Attorney Yannetti enlists the court psychologist to evaluate Client for a rare sleep disorder. The court psychologist becomes a defense witness and files a report opining that Client was not criminally responsible for the crime. Today, Attorney Yannetti finally convinces the prosecutor and the judge to place Client on pre-trial probation - meaning that Client does not admit to any crime and the case ultimately is dismissed with no repercussions for Client's record. Result: Case Dismissed.

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David Yannetti Attorney at Law
10 Winthrop Square
Boston, MA 02110
Phone: 617-338-6006
Fax: 617-451-2570
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