Fight a Felony Theft Charge Parsippany
3rd Degree Theft Charges Dismissed Morris County NJ
If you need assistance with a theft charge in Morris County NJ, contact us today. Travis J. Tormey recently represented a client who was charged with theft in Parsippany NJ. In this case, Parsippany NJ theft charges were successfully challenged.
The property alleged to have been stolen was valued at $1,200.00, making it a third degree criminal offense punishable by up to five (5) years in NJ State Prison. Additionally, it was an indictable (felony level) offense, meaning that it had to be handled in Superior Court. As such, the matter was transferred from the Parsippany Municipal Court to the Morris County Superior Court in Morristown NJ.
The circumstances of the alleged theft were as follows: The defendant was a lymphatic care specialist who operated a business with her husband, providing in-home treatment to patients. The victim alleged that Mr. Tormey’s client had been stealing cash from her purse while in her home to provide medical treatment. The victim set up a hidden camera in her kitchen and videotaped the defendant going through her purse and taking money from it, allegedly without the victim’s consent.
However, when Mr. Tormey looked at the discovery package, which included police reports, videotapes, and all of the State’s evidence, the case did not seem so open-and-shut. The defendant had a reasonable explanation for the videotape evidence: the victim had told her to go into her purse to get cash for a Prada bag that the victim wanted the defendant to purchase for her. There were even emails between the parties discussing the purchase of the bag.
The defendant also explained to Mr. Tormey that there had been a billing dispute between her and the alleged victim. Mr. Tormey’s client believed that she had been “set up” with the videotape evidence so that the alleged victim would be able to avoid paying thousands of dollars in outstanding bills for her medical treatment. Emails and letters from the alleged victim confirmed the existence of outstanding bills with the defendant’s company, insurance coverage, and the alleged victim’s concern about being responsible for the outstanding medical bills.
Theft Crime Defense Lawyers in Parsippany NJ
Remarkably, while the case was still pending in Morris County Superior Court, the alleged victim sent the defendant a fax requesting $10,000.00 and asking for forgiveness of any outstanding medical bills. In return, the alleged victim would agree to drop the criminal charges. This extortion tactic displayed the alleged victim’s true motives and destroyed her credibility in court.
At Mr. Tormey’s behest, the Morris County Prosecutor’s Office investigated the alleged victim’s fax and decided to remand the case back to Parsippany Municipal Court for a quick resolution. Then, when the alleged victim failed to appear in court, the charges were dismissed for lack of prosecution. The defendant was vindicated and extremely happy with the result. This case represented a major victory for the Tormey Law Firm.