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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
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Experience:  Attorney
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Is Larceny from a person a felony in mass?

Resolved Question:

Is Larceny from a person a felony in mass?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 2 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.

The penalty depends on the character and value of the property stolen. Below, I will draw out the relevant parts of Massachusetts General Laws Chapter 266, Section 30 that specify the penalties for larceny. If the property stolen is a firearm or exceeds $250 in value, the penalty can include prison for up to 5 years or a fine of up to $25,000 and jail for up to 2 years. If the property is worth less than $250, up to a year in jail or a fine of up to $300. Penalties also differ if the property is stolen from a common carrier, an express business, an elderly or disabled person, if the property is a trade secret or real property.
Customer: replied 2 years ago.

7 yrs ago I stole $49 from a buisness. Was charged was larceny from a person and they wern disabled or elderly. The state police are telling me I now need to give my DNA ( 7 yrs later) because this is a felony. I have always been led to believe that this is a misdemenior. And it is chapter 266 section 25 not section 30. Are they wrong or am I.

Expert:  Thoreau (T-USA) replied 2 years ago.
Thank you for clarifying. That is a different larceny statute. Under Section 25, the penalties include "prison for not more than five years or in jail for not more than two and one-half years." That would be a felony. That said, law enforcement, when engaging in an investigation, cannot generally require an individual to submit DNA information without a court order. If law enforcement is investigating you for an alleged crime, you should absolutely retain an attorney and have your attorney handle any discussions with officers. A suspect is not obligated to speak to officers without his attorney present and he may demand his attorney's presence at any time. Your attorney will guide you in any discussions you choose to have with law enforcement and that guidance is very important because anything you say can be used against you. Because admissions can be very damaging and because people often make damaging statements without realizing it at the time, you definitely should include your attorney in any discussions you have with law enforcement.
Customer: replied 2 years ago.

Im not part of any investigation but it is a new law in mass i believe. I no other people with felonys and we got the same letter. I no it didnt seem legal to me either but everyone recieved the same letter and the state police that everyone with a felony is now required to give DNA. And to top it off they want the DNA giver to pay $125.00. Thanks

 

Expert:  Thoreau (T-USA) replied 2 years ago.
Thank you for your message. I believe I better understand your question now. You did not previously specify a conviction and a conviction for a felony can change the obligation of an individual to furnish DNA to the state. Please be patient and I will respond with a revised answer momentarily.
Customer: replied 2 years ago.

The dna thing is capter 22e section 11. It is hard to understand. But id I was charged 7 yrs ago am i still obligated to give the dna?

 

Expert:  Thoreau (T-USA) replied 2 years ago.
You are correct that DNA submission is addressed in MGL Chapter 22E. You did not previously mention conviction and, for that reason, I misunderstood your question.

MGL Chapter 22E, Section 3 requires anyone who has been convicted of an offense punishable in state prison to submit a DNA sample. MGL Chapter 22E, Section 4 allows the state to require the person submitting the samples to pay the related costs and it authorizes the state to use reasonable force in taking DNA samples from convicts who resist. MGL Chapter 22E, Section 11 sets forth penalties for refusing to provide a DNA sample. Penalties include a fine of up to $1,000 and/or up to six months in jail. Murphy v. Dept. of Correction, 711 N.E.2d 149 (Mass. 1999) allowed the state to collect DNA from an individual who had previously been convicted of a felony when the individual was arrested at a later date for a crime that did not fall under the collection statute. Extensive case law research is well beyond the scope of what can reasonably be provided here. However, you may wish to have your attorney perform such research to evaluate whether he might be able to show that you should not be accountable under the statute if you have not since been arrested, as your attorney may find that there is a basis to fight the demand. That said, if your attorney isn't successful in the matter, additional charges may result and you would need your attorney to help you defend against those as well.
Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
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