Massachusetts Criminal Lawyer Blog
According to a recent article in the MetroWest Daily news, a Marlborough resident was ordered held on $20,000 bail in Marlborough District Court Thursday, December 20th. The man was arraigned after police said he stole more than $5,000 in checks from his girlfriend’s parents. The man has been charged with two counts of uttering a false check and two counts of larceny by check over $250.
The alleged victims – the parents of the man’s girlfriend – reportedly contacted police on Wednesday and said that the man had stolen checks from them and had tried to cash one of them at St. Mary’s Credit Union earlier in the day.
The alleged victims reportedly told police that they were contacted by a branch manager. The branch manager allegedly told them that the man had tried to cash the check but could not do so because there were insufficient funds in the account. Officers reportedly stopped a car in which the man was riding and arrested him Thursday.
Police allege that over the previous month, the man had drained the account. The man allegedly had written himself twelve checks for a total of $5,551.
The alleged victims reportedly positively identified the man in a surveillance video. The man was also allegedly seen passing checks and receiving cash on December 5th and December 18th.
Investigators are reportedly working with the bank to get surveillance footage from other times when the man was believed to have passed false checks. The man is facing serious charges, including larceny over $250, which is a felony in Massachusetts.
To prevail on the charge of uttering requires that the Commonwealth prove that whoever passed the document knew it was false. However, in Massachusetts, courts may consider a bounced check to be prima facie evidence that the person who passed the check intended to defraud, unless the person deposits enough money to cover the check within 48 hours of being notified by the bank that the check has passed. In other words, simply passing a false check and not depositing money to cover the debt can be evidence that you knew there were insufficient funds in the account and were deliberately trying to defraud the bank. Therefore, the man needs a skilled attorney that can fight these charges and the presumption that he was intending to defraud by allegedly passing the checks.
If convicted of these charges, the man is facing serious penalties. Larceny of property valued at $250 or more is a serious offense in Massachusetts, punishable by up to five years in prison. Larceny of property worth less than $250 is punishable by up to one year in prison. These charges can have a serious impact on his future if he is convicted. A felony conviction can impact a person’s ability to secure employment, own a firearm, or have custody of his or her children.
The man needs an experienced Massachusetts criminal defense attorney to fight these charges. If you or a loved one is facing charges of uttering a false check or larceny, contact me today for a free consultation.