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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16548
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What is larceny by scam? And can they charge you w / no co

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What is larceny by scam? And can they charge you w / no co defendendant and shoplifting only? And myif it is a larceny 4, can they lower it to a 3rd degree larceny? Connecticut courts suck and i am not to happy with the way it seems like they make up the rules as they go along,not to mention,the person i love is being locked up for something he didnt do! Ct legal is w the bullshit ,cause this persons record isnt bad at all,yet they try to throw the bullshit at him! Please give me some answers asap.thanks a bunch!!!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hi,

Larceny by scam/larceny by trick, is simply another form of theft that is committed by fraud.

Yes, plenty of people get charged for crimes and don't have co-defendants. Sometimes, even when two people are together, only one will get arrested. It all has to do with the facts and circumstances of each case.

A State Attorney is free to prosecute a case the way he sees fit. But you have this the other way around. The lower the level of larceny, the more serious the crime. A Larceny in the 3rd degree in Connecticut is a Class D Felony. (See link) A larceny in the 4trh Degree is a Class A Misdemeanor. (see link) The difference involves the value of the property that was allegedly stolen.

A state attorney can absolutely reduce the misdemeanor (or the felony) to something lower for purposes of a dispositon, if the defendant wants a deal and the prosecutor is so inclined. On a first arrest, he can even agree to a diversion or deferral offer, which is a special form of supervision where after taking anti theft classes, paying fines, and doing some community service, someone who completes the requirements successfully can get his or her case dismissed at the end of their supervisory period, so that they won't have a criminal conviction on their record.

Regardless, if your boyfriend is incarcerated, he should be able to get an attorney appointed with him with whom he can fight his case if he wishes to go to trial and put the State to its proof of if he would rather have a deal negotiated for him.

The best thing you can do for him at this time, since he'll have a lawyer, is to help raise the money to bail him out. If he wants an offer he'll get a better one once he's out on the street because while he's "in" the State Attorney is holding all of the bargaining chips.

Good luck with his case.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16548
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 7 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

ok but they r telling him they want to change his larceny 4 and make it a 3! Is that illegal?


 

Customer: replied 1 year ago.

i know the laws and that a 3 is a felony ,but he only has a 4 ,so how can they try to make his life hell in CT giving him a 3?

Expert:  Zoey_ JD replied 1 year ago.

Hi,

I misunderstood because you asked if it could be reduced to a Larceny 3, when what you want to know is if it can be increased to a larceny 3.

The answer is yes. Police are not lawyers. When they make an arrest, they make their best judgment about what charges should be brought, but sometimes when the State Attorney sits down with the officers and his other witnesses, he sees more information and realizes he's got a more serious crime than was first thought. So yes, he can increase the charges. In the same way, if he believes he's got a less serious charge he can reduce them.

Most times what a person is arrested for originally is what the case will continue to be all about, but it is common enough to have it changed too, and perfectly legal.

They are increasing it because the prosecutor believes he can prove the more serious charge beyond a reasonable doubt. That doesn't mean he's right, but it does mean he thinks he's right. To see why he might have done it, you have to compare the two statutes and focus on what's different about the felony charge. For one thing, for example, the value of the property taken is more in the felony, but as you can see there are three other reasons that the State Attorney could be using to justify his decision, depending on the facts of the case.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16548
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 7 other Criminal Law Specialists are ready to help you

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