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DC Theft Lawyer

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.


Wednesday, December 9, 2015

Second Degree Theft Charges in Washington, DC DISMISSED

A Farrelly PC client had his Second Degree Theft Charges dismissed by the court on the day of trial.  The client faced a maximum penalty of 180 days in jail and/or a $1,000 fine if convicted.

 Read more about Farrelly PC and theft defense here.


Tuesday, September 1, 2015

Second Degree Theft Charges DISMISSED in Washington, DC

A Farrelly PC client had his Second Degree Theft Charges dismissed by the court on the day of trial.  The client faced a maximum penalty of 180 days in jail and/or a $1,000 fine if convicted.  The client had his charges dismissed after successful completion of a Deferred Prosecution Agreement, which is a type of diversion.

 Read more about Farrelly PC and theft defense here.  Read more about Deferred Prosecution and diversion here.


Thursday, July 16, 2015

Washington DC Theft, Receipt of Stolen Property and Unlawful Entry Charges DISMISSED

Farrelly PC client has one count of second degree theft, one count of receipt of stolen property and one count of unlawful entry filed in Washington, DC Superior Court dismissed pursuant to a diversion agreement.  All three counts carry a maximum penalty of 180 days in jail and/or a $1,000 fine.

Read more about Farrelly PC and criminal defense here.  Read more about diversion agreements here.


Wednesday, December 10, 2014

Farrelly PC Secures DC Court of Appeals Remand of Case Due to Improper Conviction

As reported on the Public Defender Service for the District of Columbia’s Criminal Law Blog, on November 13, 2014, the D.C. Court of Appeals remanded a case to the D.C. Superior Court after finding that a Farrelly PC client was improperly convicted of second degree theft.  A full copy of the appellate opinion is available here.


Read more . . .


Tuesday, October 14, 2014

Farrelly PC Client Acquitted of Unlawful Entry and Second Degree Theft

On October 1, 2014, a District of Columbia judge found a Farrelly PC client not guilty of Second Degree Theft and Unlawful Entry.  The verdict followed a bench trial in the District of Columbia Superior Court presided over by the Honorable Yvonne Williams.

Prior to the commencement of trial, counsel for the United States Attorney’s Office disclosed a 911 call made by a witness to the alleged theft.  Due to the late disclosure of the evidence, counsel for the accused, Sean Farrelly, was able to keep the 911 call out of the government’s case in chief. 


Read more . . .


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