Legal Question in Criminal Law in Massachusetts

breaking and entering, larceny

My house was broken into recently and about $4000 worth of jewelry was stolen. The person was arrested and charged with breaking and entering and with larceny of a total of 7 pieces of jewelry. I have not noticed his name in the paper. How does a person who has been arrested have their name withheld from the newspaper? Only 3 pieces of jewelry were recovered from a pawn shop. I was informed he may face jail time because this is not his first offense. If the police do not retrieve my jewelry, how do I pursue the $4000 for my loss. I own a 3 family home and of course I have homeowner's insurance but I do not have apartment insurance, can this be covered under my homeowner's policy?

Thank you for your time and advice.


Asked on 8/15/05, 7:40 pm

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: breaking and entering, larceny

File a claim against your homeowner's insurance as your chances of recovering restitution through the probation department of the Court where the burglar is convicted sound slim. Good Luck!

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Answered on 8/16/05, 4:18 pm
George Davis Law Office of T. George Davis, Jr.

Re: breaking and entering, larceny

Do you have any way to document your losses? Do you have receipts for the purchases? Do you have photos of the jewelry and a way to definitively establish the value of what was stolen? If you are able to concretely document what was stolen, I recommend you provide that documentation to the police, and that you inform both the police and the district attorney that you want the court to mandate restitution as part of any disposition in this case. Hopefully, the judge will mandate that restitution be paid to you at the time the perpetrator as part of his sentence. Of course, you may have to wait until he serves his sentence, if any, before you receive any payments, but I would try to see if the court will help you out in this way. Again, you should work with the police and the district attorney in that regard, and your ability to document your actual losses will be key. Good luck.

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Answered on 9/05/05, 1:22 pm


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