Legal Question in Criminal Law in Massachusetts

I have been charged for larceny for something I did not steal

I have an arraignment pending on November 16th for a stolen musical instrument from a college. The instrument had a value over $250. It was returned on October 9th to the college police who told me ''not to worry about the hearing'', I didn't need to go.

The reason I had the saxophone is because I had played with the band the previous two semesters. The director asked me to return it a few times, but I honestly kept forgetting. I got a notice about a court hearing, so I returned it and did not go to the hearing. Now because of that, I am facing criminal charges and need to go to court on November 16th.

I am very worried because this was not intentional, but I am afraid the DA is going to try and say it was. I honestly just kept forgetting to bring it back. I work long hours and every time I would remember I needed to bring it back, I would forget by the time I got home!

So at this point, the ''stolen item'' was returned, and I am left dealing with the courts. I have no idea what to expect. Should I just go in and explain my case, or do I need to have an attorney present?


Asked on 11/07/06, 1:31 pm

3 Answers from Attorneys
Martha Kovner Law Offices of Martha J. Kovner

Re: I have been charged for larceny for something I did not steal

If you have an attorney present, who knows the system, you might be able to resolve it easier than without. One would hope that the school has told the District Attorney's office that they got the instrument back and that they do not wish to prosecute--but you never know. I would recommend using an attorney to argue your case. Martha Kovner

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Answered on 11/07/06, 2:40 pm
Dmitry Lev The Lev Law Firm

Re: I have been charged for larceny for something I did not steal

I would be concerned that if you go at it alone, the DA might try to sucker you into making a plea. It will sound like an easy way out, but it may result in a criminal record or a probation (where if you get arrested in the future you would be subject to higher penalties for this same crime). I agree that it is crucial to have an attorney with you. Which court is this going to held in on Nov 16? Feel free to contact my office with any other quesitons.

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Answered on 11/09/06, 11:41 pm
Joseph Murray Joseph M. Murray, Esq.

Re: I have been charged for larceny for something I did not steal

Retain an attorney!

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Answered on 11/07/06, 5:58 pm


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