Legal Question in Criminal Law in Massachusetts

i was living at my boyfriendsmothers house and ended up getting into drugs and stole jewelry from his mother. the items i stole i ended up selling to 2 pawn shops. the mother called the police because i had admitted taking them and the police ended up filing a criminal complaint against me with the offense code 266/30/A larceny over 250. The police went to the shops and took pictures of the jewlrey and the mother said it was hers. i talked to the mother and she told me if i got everything back i stole from the pawn shops the case would be dropped. on the top of the criminal complaint there is an X next to WARRANT is requested because prosecutor represents that accused may not appear unless arrested. Can i go to these pawn shops and buy these items back without being arrested?

Asked on 3/08/11, 7:34 am

2 Answers from Attorneys

Unfortunately, the case may be out of your friends mothers hands. It appears that the police may have had probable cause for the complaint (charge). I doubt if you will be able to buy them back since the police may have already taken possession of them to use as evidence against you during trial. One question that I have for you is, who did you make the admissions to? Was it to the police or the mother. If to the police, were you given your Miranda Warning? It's in your best interest to consult with a criminal defense attorney. If you live in the Lowell area, I would be happy to look over your case and provide a free consultation. You may reach me at (978) 703-0702. Best wishes with everything.

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Answered on 3/08/11, 8:23 am

Dominic Pang The Law Office of Dominic L. Pang

The police likely seized the stolen jewelry as evidence. Now that the police are involved, it is not up to the boyfriend's mother to drop or not drop the case. It's solely within the district attorney's office to decide if they want to proceed with the case against you. The pawnshop should have taken a copy of your driver's license when you sold the jewelry there, and given you a receipt for the jewelry. The police would likely seize those too. Finally, there were pawnshop employees you dealt with who may remember you, and probably video surveillance footage showing you selling the jewelry. Given the expected strength of the evidence against you, I wouldn't not expect the prosecutor to dismiss the case even though the victim got her property back. One thing for sure is that you need a lawyer to defend you against these felonies, if for no other reason than to help you negotiate a good plea deal.

Best of luck,

Dominic Pang (617.538.1127)

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Answered on 3/08/11, 12:45 pm

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