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Health & Fitness

Jury finds Defendant Not Guilty of Larceny at the 35th District Court

On Thursday, February 20th, 2014, a jury unanimously acquitted our client of larceny.  After about 17 minutes of deliberation the jury returned with a verdict of Not Guilty.

Larceny charge in Plymouth ends in Not Guilty

Judge Plakas presided over the trial. The prosecutor for the city was from the law firm of Hemming Polaczyk Cronin Witthoff & Bennett PC. The allegation started at the Innovation Café located in the Michigan Life Science & Innovation Center. Our client, a cook responsible for back of the house duties, was accused of stealing $90 out of the cash register.

At trial, we heard from the owner, the cashier, the police detective, our client and his wife.

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The complaint testified that our client was not given access to the cash register. His testimony conflicted as to if our client left abruptly or quit shortly after money was found missing.

We also found out during his testimony and the testimony of the cashier that the accounting practices of the business were poor at best. The café does not get locked down at night and anyone in the Michigan Life Science & Innovation Center would have access to the café. The cahier had full access to the drawer and would some times put in his own change to pull out cash.

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The owner’s testimony often conflicted and was argumentative.

Our client testified that when he was hired as a cook one of his duties would be to obtain groceries from the local Bushes or Kroger. It was confirmed by the owner that the café would obtain supplies from local stores. While working at the café, our client testified that he was frequently harassed about his religion and intimidated by the cashier. This fact was confirmed by all of the café employees. The straw that broke the camels back was when the owner asked our client to pick up the groceries the next day, off the clock, without being paid. He was directed to take $40 from the register and buy groceries. When he got home and spoke with his wife they decided that he would quit. The next day he did not stop at the store. Instead, he went to work and handed his boss the $40 and informed him that he was quitting.

When our client called a week later to see if he could pick up his paycheck he was told by the owner that he could not get his check and that he was being accused of stealing. Later, a police detective called out client and our client told the detective what had happened.

Not Guilty of Larceny

The jury was quick to come back acquitting our client. He was thrilled and gave me a big hug. He walked out a free man!

If you have been charged with a crime contact a lawyer that will fight for you and not just take the first “deal”. Contact Michigan criminal lawyer, Aaron J. Boria. At The Law Office We fight for our clients and we get results. (734) 453-7806. 

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