ATTORNEY GERALD J. NOONAN GETS LARCENY CHARGE AGAINST MARINE CORP. VETERAN AND REGISTERED NURSE DISMISSED UPON PROOF THAT SHE DID NOT COMMIT ANY CRIME.

While the Defendant was in a relationship with her boyfriend, her boyfriend placed an advertisement online for the sale of a kitchen table and chair set. An older couple responded to the advertisement, they paid the boyfriend for the furniture and when they arrived to pick up the furniture the boyfriend did not provide the furniture. Defendant had broken up with her boyfriend and she had no knowledge of the incident. The older couple (understandably) was upset because they paid for the furniture and never received it. The older couple filed an Application for Criminal Complaint against the Defendant for Larceny under $1,200 by False Pretense pursuant to G.L. c. 266, §30.

Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented evidence that the Defendant did not commit any crime at all – it was her boyfriend who committed the crime. The boyfriend was the person who sold the furniture to the victims, failed to deliver the furniture, and kept the proceeds of the sale. There was no probable cause to charge the Defendant, as she committed no crime.