Criminal Defense Without Compromise
Lawrence Criminal Defense Attorneys Secure Dismissal of Larceny and Threat Charges
Jurisdiction: Lawrence District Court
Date: June 3, 2024
Erkan & Sullivan, P.C. recently achieved a significant victory for a client facing charges of larceny and threat to commit murder. Through rigorous cross-examination, the attorneys at Erkan & Sullivan, P.C. were able to systematically expose the complaining witness’ lack of credibility, leading to a favorable outcome for their client.
Case Background:
The client was initially charged with larceny and threat to commit murder. The case was first tried to a jury, where the defense attorneys exposed numerous inconsistencies in the testimony of the complaining witness. This meticulous approach led to a mistrial after the prosecution inadvertently mentioned the client’s pretrial release conditions in an unrelated shooting case.
Key Legal Challenges:
- Larceny Charges: The client was accused of taking money under disputed circumstances.
- Threat to Commit Murder: The client was also charged with threatening to burn down the towing company where the alleged larceny took place.
- Mistrial: The first trial ended in a mistrial due to prejudicial information being revealed by the prosecution.
Outcome:
Upon returning for retrial, Erkan & Sullivan, P.C. successfully negotiated the outright dismissal of the larceny charge. Additionally, the charge of threat to commit murder was dismissed after a general continuance, effectively clearing the client’s record and allowing them to move forward without the burden of these serious charges.
Key Points Exposed During Cross-Examination:
Inconsistency 1: The Firefighter License Plate
During cross-examination, it was revealed that the complaining witness initially testified that the client had falsely claimed to be a firefighter, resulting in a reduced towing fee. However, it was later established that the client never made such a claim; the license plate with a firefighter emblem was a donation tag available to the general public, not an indicator of the client’s profession. This inconsistency undermined the complaining witness’ credibility and cast doubt on his overall testimony.
Inconsistency 2: The Alleged Threat
The complaining witness claimed that the client had threatened to burn down the towing company with everyone inside. However, through detailed questioning, it became apparent that there was no corroborating evidence to support this claim. Furthermore, the complaining witness’ account of the threat changed multiple times, raising questions about the reliability of his statements.
Casting Doubt on Video Evidence Claims
During the trial, the complaining witness claimed there was video evidence showing that the parking permit was planted after the car was towed. Our attorneys meticulously dissected this claim, pointing out several critical issues:
- Lack of Video Evidence: Despite the complaining witness’ assertions, no such video was ever produced. This absence of evidence was a significant point of contention.
- Contradictory Testimony: The complaining witness’ description of the video and its contents varied during different testimonies, suggesting that the claim was fabricated.
- Unreliable Witness: The inconsistencies in the complaining witness’ statements about the video, combined with the other discrepancies in his testimony, cast significant doubt on his credibility and the reliability of his claims.
Why Choose Erkan & Sullivan, P.C.?
Experienced Lawrence Criminal Defense Attorneys: Our legal team, led by highly respected attorneys with decades of experience, provides robust defense strategies tailored to each client’s unique situation.
Expert Lawrence Threats to Commit a Crime Defense Attorneys: We have extensive experience in defending clients against charges related to threats, ensuring that every angle is explored to achieve the best possible outcome.
Skilled Lawrence Larceny Defense Attorneys: Our attorneys are proficient in handling larceny cases, utilizing their deep knowledge of the law and effective defense tactics to protect our clients’ rights.
Dedicated Lawrence Trial Lawyers: We are committed to providing vigorous representation in court, leveraging our trial experience to challenge the prosecution’s case and advocate for our clients.
Contact Erkan & Sullivan, P.C. Today
If you or a loved one are facing serious charges, contact Erkan & Sullivan, P.C. Our dedicated team is here to provide the defense you deserve.
- Phone: (978) 474-0054
- Fax: (978) 474-0080
- Address: 300 High Street, Andover, MA 01810
- Email: info@es.legal
Erkan & Sullivan, P.C. – Defending Your Rights, Protecting Your Future