Tough not to get caught-crimes that weren’t so smart. Part III


 Last week’s story was about a bank robber that didn’t take traffic into consideration to say the least. This week’s bank robber story gets caught because of an explosive situation.

Story number 3: heated argument leads to exploding dye packs A bank robber goes into a bank and demands money from the teller. The teller hands the suspect several stacks of money, with one of the stacks containing an exploding dye packet. The suspect takes the money and leaves. Unlike the story from last week, this suspect was wearing disguise and the police is having a difficult time to identify the suspect. The bank tellers didn’t get a good look at the suspect and reviewing the cameras don’t lead to a better description.

Everything is looking pretty good for the suspect so far as he really hasn’t given to police too much to work with. The suspect has a girlfriend and about a week later they are together. During this time, the suspect has used some of his stolen money, but hasn’t used any money from the stack that contains the dye pack.

The suspect’s girlfriend wants to go to the bank, so the suspect drives her and is planning to wait for her in the car. The suspect and his girlfriend arrive at the bank and park in the lot. While in the parking lot the suspect and his girlfriend get into an argument about money. The girlfriend has no idea that the suspect has robbed a bank. However, she does know that the suspect has some money in the bag in the back seat.

The argument escalates and the girlfriend runs out of the car and decides to bring the bag of money with her. The suspect knowing that the money is stolen, quickly runs after her. Both of them start fighting over the bag while they are inside the bank. As they tug at the bag and money the dye packet suddenly explodes. They are both arrested by the police and the girlfriend is later released.

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Tough not to get caught-crimes that weren’t so smart. Part II


Last week’s story was about a breaking and entering that wasn’t planned out very well to say the least.  It’s difficult to imagine that this week’s story could top last week’s.  Remember that the suspect from last week left fingerprints and blood at the scene and then tried to cash in numbered scratch tickets.  Before you rush to judgment, just wait to hear what this next person did. 

 Story number 2: Traffic anyone? 

A suspect decides to rob a bank downtown Boston late Friday afternoon.  He goes into the bank without a hat, sunglasses, or any type of disguise.  The bank has a main entrance and a side entrance.  The suspect has a getaway car and driver waiting at the side entrance.  As a result, the suspect wants to wait for the bank window that is closest to the side entrance.

 The problem starts with the fact that there aren’t too many people waiting in line.  There are several windows open and several bank tellers are asking the suspect if he needs help with anything.  The suspect is persistent in his desire to wait for that one bank teller closest to the side door.  The suspect ends up waiting for the bank teller closest to the side door for up to 10 minutes.  This gives the other bank workers ample opportunity to look at the suspect.  If that isn’t enough, the cameras are recording him this entire time. 

 Finally, the suspect goes up to his desired window and hands the bank teller a note demanding money.  The bank teller calmly hands over the money and the suspect flees out the side door.  With all the information the police probably would have caught the person sooner or later, but this is when the situation makes a turn for the worse. 

 Not really planning out his getaway route, the suspect takes 93 South for his escape.  Now anyone that works in Boston knows that 93 South on a late Friday afternoon is similar to a parking lot.  The police find out that the suspect fled onto 93 South, get onto 93 South, put on their lights and gently weave through traffic.  The suspect is found stuck in traffic not more than 3 exits away from downtown. 

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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Tough not to get caught-crimes that weren’t so smart. Part I


During my travels you hear a lot of silly stories.  First, I didn’t represent any of these people.  Second, these stories are much better than my imagination can provide.  And finally, if you ever find yourself wanting to violate the law, please reconsider.  Over the next several weeks, I have four crime stories that will make you scratch your head.

Story number 1: Trying to hit the lottery

A suspect breaks the window of a liquor store.  The suspect probably didn’t think about the situation too clearly because blood is found on the window sill.  Either the person cut his or her hand on the window while breaking it, or the broken glass cut the suspect on the way in.  The suspect didn’t wear gloves leaving DNA and finger prints everywhere.

Once inside, the suspect looks for valuable items to take.  The suspect takes some alcohol and rummages through an empty cash register.  Finally, the suspect comes up with a great idea of taking scratch tickets and lottery tickets.  The problem is that the tickets are numbered and once they are cashed in, the police will know what store cashed the winning tickets.  Moreover, most convenience stores will have cameras.

When the person cashed the winning tickets the police had his face on tape.  In the end, the fingerprints were enough to track the person down, but the police were able to retrieve the tape from the store that cashed the scratch ticket.  The suspect gave the police plenty of evidence to find and to later prosecute him.  This definitely wasn’t one of the best thought out crimes.  If you think this story is silly, just wait as the stories get progressively worse.

 

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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A dollar makes all the difference


As the economy is getting worse, theft rates are going up.  That shouldn’t be much of a surprise to anyone, but did you know that the cost of the item by a dollar can make a world of difference? 

 In a Massachusetts larceny case, the Commonwealth represented by the prosecutor needs to prove three things.  First, the defendant took and carried away property.  Second, the property was owned by someone else.  And finally, the defendant intended to take and keep the item. 

 Now, the cost of the item is very important when it comes to being the defendant.  If the item taken is worth$250 or more, then a person can be charged with larceny over $250.  If the item is worth $249 or under, then the person is usually charged with larceny under $250. 

 Larceny over $250 is a felony, while the charge of larceny under $250 is considered a misdemeanor.  The burden is on the prosecutor to prove that the item is worth $250 or more. 

 It seems very silly that there is such a difference in the law and potential penalties based on a single dollar.  When the statutes were drafted $250 was a lot of money.  Perhaps the legislature at the time felt as though anyone taking anything worth that much money should be considered a felon.  The reality today is that most people have items that are worth over $250 on their persons.  Most cell phones, Ipods and definitely computers are well over that threshold.  Sometimes one dollar does make all the difference. 

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Passing a bad check could land you in cuffs


We write checks all the time. Most people will at least write one check a month. Thankfully for debit cards you are less likely to see someone pull out a check book at a store. However, writing checks is still a big part of paying bills for most people. Passing a bad check, could land you in jail.

If you write a check and there are insufficient funds in your checking account, you could be charged with larceny by check. Essentially, the prosecution needs to prove that:

• you wrote the check

• got something in return for writing that check

• knew that you didn’t have enough funds in your account

• wrote the check with the intent to defraud someone

With the economy as bad as it is, a lot of people are struggling to pay their bills. As a result, people’s bank accounts are dwindling and this could lead to more checks being bounced. When you bounce a check, it is pretty easy for the prosecution to prove that you wrote a check and got something in return. After all, most of us write checks to pay bills or in exchange for something.

It is much more difficult for the prosecution to prove that you knew that you didn’t have enough funds in your account, or had the intent to defraud. The prosecutor can’t look into your brain and see what your intent was, so they will have to rely on other evidence. One of the most common ways for the prosecution to try to prove that you knew there was insufficient funds and had the intent to defraud, is to look at the account. For example, if you wrote a check for $5,000 and your account usually has $5,000 or more, then it won’t help the prosecutor’s case much. On the other hand, if you write a check for $5,000 and your account never had more than $10 in the account, then that will be a problem for you.

Most people who bounce a check will never be charged with anything. Times are difficult making bad checks more common. In the end, to avoid any possible problems check you account status and make sure checks clear.

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For more information about this post:

MA General Laws Chapter 266: Section 37. Fraudulent checks, etc.; drawing or uttering http://www.mass.gov/legis/laws/mgl/266-37.htm

Jury Instructions on Larceny by check http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/jury-instructions/criminal/pdf/8460-larceny-by-check.pdf

News day report on larceny by check scam http://www.newsday.com/long-island/nassau/cops-elmont-man-charged-with-attempted-larceny-1.1429338

Berkley man faces larceny by check charge http://www.wickedlocal.com/berkley/news/x1564860184/Berkley-man-faces-list-of-charges-in-alleged-check-scheme

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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