Legal Question in Criminal Law in Massachusetts

Question regarding no evidence submission

Quick question. Person was arrested for larceny from a retail store, where they worked. This person did not commit crime and pleaded not guilty. Pre-trial is coming up and absolutely no evidence against the employee has been turned in by the company to their lawyer. The lawyer sent the store a notice about a month ago, no response. I understand that the company has to comply with a request for evidence, but what if the pre-trial comes and they have not submitted anything against this person? Could they have submitted it to the state and not the defendent's lawyer? Does the pre-trial get moved until they do get some sort of response or would it get thrown out?


Asked on 1/22/05, 7:44 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Question regarding no evidence submission

Is this a Mass or RI arrest?

In Mass., there is no notice that one sends to a store; you can summons the store for records, and should they fail to comply, you can see a show cause hearing of why they should not be held in contempt. As to the absence of evidence, there is an absence of information as to why you believe there is no evidence.

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Answered on 1/22/05, 7:59 pm


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