Criminal Defense Attorney

Breaking and Entering, Larceny from a Building, Identity Fraud – “Time Served” – Superior Court

RV, a 42-year-old disabled man, was charged with breaking into a local business, taking an employee’s wallet (while she was in another part of the building), taking her credit card and purchasing MBTA passes. This little transgression caused him to be charged with Breaking and Entering, Larceny from a Building, Identity Fraud, amongst others (he had also been charged in other break-ins). He was held in jail for over 1 year. During that time he was represented by another lawyer. RV and that lawyer did not get along well. Eventually he fired the other lawyer. In place, Henry Fasoldt was appointed to represent RV.

RV was quasi-homeless. He had been in and out of trouble for many years; mostly for small-time, petty incidents. Unfortunately, the local police and businesses had been getting frustrated with him. The prosecutor’s office decided to “indict” RV, in order to bring the case to Superior Court, thereby having the option to try to obtain a harsher punishment against him.

The police arrested RV based on their opinions that RV was the person seen in surveillance videos (one from the business, the other from the MBTA).

RV and Henry got along very well. Henry and RV met many times; they reviewed the evidence (which included video footage, witness statements, and a strange chain of individuals whom claimed that they could properly identify the person in the videos). RV just wanted someone to “listen” and understand. Never rude or unreasonable, RV merely felt that some of the evidence was weak and that the was being punished for previous misdeeds and refusing to accept their earlier plea offers (before the case was indicted). Henry agreed.

They challenged the evidence in several pre-trial motions; unfortunately, but not surprisingly, the motions were “denied.” Undaunted, RV elected to have a trial. Up and until one week before the the trial the prosecutors maintained that they wanted RV to serve 5 years in state prison. Two days before the trial was to begin the prosecutor came to Henry and offered a “time-served” disposition. In other words, if RV plead guilty to some of the charges, the court would “sentence” RV to the amount jail time had already served while awaiting trial; he would be released on the spot. RV agreed to take the prosecutor’s offer. After pleading guilty he was released that day. He went to live with his older brother.