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Farrelly PC Blog & Case Results

Thursday, December 10, 2015

Farrelly PC Client Found NOT GUILTY of Second Degree Theft

A Farrelly PC client was found not guilty of Second Degree Theft following a bench trial in DC Superior Court.  The client was found not guilty by the Honorable Judge McKenna.  The client was accused of stealing funds from her employer's cash register while working.  Counsel for the client, Sean Farrelly, was able to present evidence that the client did not steal the funds but simply removed the money in order to pay for necessary goods related to the business.  

Ultimately, Judge McKenna ruled that the theory presented by the defense was plausible and the government had failed to prove beyond a reasonable doubt that the client took the money from the cash register for purposes of theft, as opposed to the legitimate business reason set forth by Mr. Farrelly.

This case was a good example of how important it is to establish an alternatively factual theory from what the government is trying to prove.  If there is an alternative explanation for the actions of a defendant, preferably one that is not criminal in nature, it injects reasonable doubt into the minds of the judge or jury and significantly increases the probability of obtaining a not guilty verdict.  Without an alternative theory, convincing a judge or jury to find someone not guilty can be much more problematic.

 Sean Farrelly is a seasoned criminal defense attorney in Washington, DC.  Read more about Farrelly PC and theft defense here.


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