Last week a Canton Jury returned a verdict of Not Guilty at the 35th District Court. A local Canton citizen was arrested and charged with Larceny. He knew he wasn’t guilty and he hired the right lawyer, Aaron J. Boria. In less than 5 minutes the jury acquitted him of the charge.
Our client walked out of the Canton Court a free man.
If you have been charged with Larceny in Canton or another crime you need to call Canton criminal defense lawyer, Aaron J. Boria (734) 453-7806.
Larceny Lawyer in Canton
Western Wayne Police Task Force was following our client. The police secretly watched him pull in and out of several tire shops that had closed for the night. Our client was observed driving into the parking lots and then driving away.
Finally, at the Discount Tire store on Ford Road in Canton he pulled in and went to the back of the store near the dumpster. Against the exterior wall was a stack of used tires in what we would later find out to be called a lace pattern. Our client started loading his truck with the tires. Police quickly moved in on him, guns drawn, and arrested him.
Our client tried to tell police that he thought the tires were garbage. Nonetheless, police booked him. The next day the officer contacted the store manager who wanted to press charges and our client was charged with the crime of larceny.
Believing he did nothing wrong, our client hired Canton criminal defense lawyer Aaron J. Boria and we took the case to trial.
The case was heard at the 35th District Court, which has jurisdiction over Canton, Northville City, Northville Township, Plymouth City, and Plymouth Township. Judge Gerou oversaw the trial. The jury consisted of 6 women and one man who turned out to be the alternate so the women decided.
The Canton Prosecutor called several police witnesses and the Discount Tire Store manager. Video of the arrest and other exhibits were submitted as evidence; the trial lasted one full day.
The store manager testified that they pay a special service to dispose of these tires and they were not for the public to take. He also testified that it is illegal to just dispose of the tires and doing so would result in a fine and criminal liability. He went on to state that Discount Tire does not let the public have these tires because there is potential for civil liability.
The Canton ordinance on Larceny states, “It shall be unlawful for any person within the township to steal or attempt to steal or unlawfully take or attempt to take any money, goods, chattels, or property of any other person.” Because the ordinance makes no mention of a required value the prosecutor tried to argue that our client was guilty by the mere fact of taking anything.
The Canton Prosecutor also argued that because my client took the tires at night, while wearing dark clothing, and went to the back of the store and shut his car’s lights off that he knew he was committing a crime.
Boria argued that the tires were garbage and you cannot steal garbage. Boria asked the jurors to use their common sense. The jurors did use their common sense and found our client not guilty in less than five minutes of deliberation.
Larceny in Canton – Larceny Penalties
If you have been charged with larceny in Canton you could be charged under the state law, MCL 750.356, or under Canton Ordinance section 46-82.
In this case the value of the goods was under $100, so the potential penalty under either law is up to 93 days in jail and a $500 fine plus costs. There is also the possibility of treble damages, meaning you could be ordered to pay three times the value of the item taken.
Had our client been convicted it is likely that he would have been placed on probation for 6 months to a year, ordered to pay fines and costs, ordered to do either community service or work program, and also ordered to complete an economic crime program.
A collateral consequence is that this theft crime would be permanently added to his criminal record. If you are not a citizen larceny is a crime of moral turpitude and can have a negative impact on immigration status and even result in deportation.
Canton Larceny Lawyer
Canton criminal lawyer, Aaron J. Boria, has appeared hundreds of times over the years at the 35th District Court. Boria has won multiple jury trials, obtained reductions from felonies to misdemeanors, and outright dismissals. Results that some other lawyers brag about are simply routine at our office.
If you have been charged with a crime you want the best lawyer around. Call criminal defense lawyer, Aaron J. Boria. We obtain results that other lawyers simply do not. (734) 453-7806.