Larceny From the Person

Larceny from the person is defined as the wrongful taking of personal property from the person of another, or from the immediate area of control of another, with the intent to deprive that person of such property permanently. “Victims” often throw around words like steal or pickpocket, which is often just colloquialism and doesn’t explain what may or may not have happened.

In order to prove the defendant guilty of this offense, the Commonwealth must prove four things beyond a reasonable doubt:

1. That the defendant took and carried away property;

2. That the property was owned or possessed by someone other than the defendant;

3. That the defendant took the property from the person of someone who owned or possessed it or from such a person’s area of control in his or her presence; and

4. That the defendant did so with the intent to deprive that person of the property permanently.

It is important that if you are charged with any type of crime involving larceny, that you speak to an experienced criminal defense attorney as soon as possible. Do not hesitate to contact out office at (978) 342-3422 or visit us at www.bclawma.com.

Opinion Evidence in OUI Cases

Many times the prosecution is forced to rely on opinion evidence when someone is charged with Operating Under the Influence (OUI). It is very important that you retain an experienced OUI attorney to navigate and poke holes in the Prosecution’s argument. Here, at Boyle & Carbone, P.C., we not only have the experience, we also have a passion for helping those who may have been taken advantage of.

Often, the Prosecution will address many physical observations that were made by the arresting officer such as slurred speech, glassy eyes or an odor of alcoholic beverage. It is the job of defense counsel to refute these observations and give the judge or jury another reason why, for instance, a person’s eyes were glassy. Maybe he or she just got out of work and was really tired. Police Officers may offer their opinion but they are not medical personnel and this makes the information less credible and open for a defense attorney to attack.

If a preexisting medical condition has anything to do with an arrestee’s failure to complete any physical tests or as to his or her appearance, counsel may offer the opinion of a treating physician as to why he or she was unable to perform or appeared a certain way.

If you, or anyone you know has been arrested for an OUI, please call our experienced defense team today. (978) 342-3422.