Felony Theft Charge Dismissed

Aug 21, 2008 - by Richard Samdperil

District Court - Richard Samdperil's client was charged with possessing illegal drugs and receiving stolen property.  Under the NH Criminal Code, Receiving Stolen Property is a form of theft, and theft charges involving property valued at over $1000 are felony offenses punishable by up to 7 1/2 - 15 years in prison.  (Click here for more information about Larceny, Theft and Receiving Stolen Property offenses.)

If a person has been charged with a felony but not yet indicted by a grand jury, he or she is entitled to a preliminary hearing -- or probable cause hearing -- in the distict court.  In this case, the State presented evidence that the client possessed video and computer equipment, and several pieces of jewelry.  Attorney Samdperil argued that the state's evidence was insufficient to prove that the property was stolen or that his client knew it had been stolen.  The judge agreed that the prosecutor's case was lacking and dismissed the charge of receiving stolen property.

Although the prosecutor may still present the charge to a grand jury, a probable cause hearing presents a unique opportunity to challenge the state's evidence and gain valuable information about the case.  If you are charged with a felony, contacting an experienced defense lawyer early is critical to developing a good defense strategy and possibly preventing the charge from ever going to a grand jury.  If you are the target of an investigation or have been charged with theft, we can help.  Call us at either of the numbers listed.  We represent clients throughout New Hampshire.