Felony Theft Acquittal: Winning Through Pretrial Investigation
Procedural Outcome
Our client faced felony theft charges tied to an alleged check fraud scheme that had been investigated at the federal level before proceeding in state court. Attorney Max Frizalone discovered a previously overlooked 911 call in which the client had reported the fraud to police days after realizing they had been tricked. Using subpoena power, Mr. Frizalone obtained the call recording and compelled the negligent officer to testify. The jury heard the full story and returned a Not Guilty verdict.
Problem: Felony Theft Charges from a Check Fraud Scheme the Client Reported
Our client was accused of participating in a check fraud scheme, with the prosecution arguing that:
- The client knowingly took part in the fraudulent activity
- Bank records proved involvement
But neither the federal agents nor state investigators had caught a critical fact: our client had called law enforcement to report the fraud just days after realizing they had been deceived into participating.
That call had been completely overlooked during the investigation. No one followed up, and no one told the prosecution that their defendant had tried to be a whistleblower.
Action: Subpoena Power, 911 Call Recovery, and Jury Presentation
Digging Deeper Into the Discovery Materials
- While reviewing the prosecution's discovery, Mr. Frizalone noticed references to a phone call made to law enforcement that federal agents had ignored in their analysis.
- Using subpoena power, he requested the 911 audio recording and associated police reports, identifying the officer who responded to the call.
Uncovering the Exculpatory Call
- The subpoenaed records confirmed a previously ignored 911 call made by the client to police, reporting the theft only days after realizing they had been deceived.
- The client had tried to alert law enforcement, but the call was never followed up on.
Subpoenaing the Negligent Officer
- Mr. Frizalone did not stop at finding the call. He used compulsory subpoena power to bring the responding officer into court.
- The subpoena forced the officer to testify about:
- Why the client's report had been ignored
- Why no follow-up investigation was conducted
- How the oversight affected the prosecution's narrative
Presenting the Full Story to the Jury
- At trial, Mr. Frizalone built a clear narrative for the jury:
- He played the actual recorded 911 call where the client reported the theft.
- He showed how his investigation uncovered evidence that both federal agents and local police had missed.
- He cross-examined the officer, exposing investigative failure and undermining the prosecution's entire theory.
The jury saw the reality: the client was not a willing participant in the fraud but was, in fact, a victim of it.
Resolution: Jury Returns Not Guilty
The jury returned a Not Guilty verdict, resulting in:
- No felony conviction
- No criminal record
- Full exoneration
This result saved the client from the long-term consequences of a felony theft conviction, including job loss, reputational damage, and potential incarceration.
Key Takeaway
| Element | Detail |
|---|---|
| Charges | Felony theft (check fraud scheme) |
| Court | Maryland Circuit Court (jury trial) |
| Key Defense | Pretrial investigation, subpoena power, 911 call recovery, cross-examination of negligent officer |
| Outcome | Not Guilty verdict, no criminal record |
| Attorney | Max Frizalone |
Legal Entities Referenced
- Court: Maryland Circuit Court
- Charges: Felony Theft under Maryland Criminal Law Section 7-104
- Procedure: Subpoena Duces Tecum, 911 Record Request, Jury Trial
- Legal Concepts: Exculpatory evidence, subpoena power, investigative gaps, criminal intent, defense of duress/deception
- Investigative Agencies: Federal law enforcement (initial investigation), local police (responding officer)
Frequently Asked Questions
Can defense attorneys find evidence that police missed?
Absolutely. In this case, a crucial 911 call was ignored by both federal and state investigators. Thorough pretrial investigation and the strategic use of subpoena power brought the evidence to light and changed the entire outcome.
Why is subpoena power important in criminal defense?
Subpoenas allow defense attorneys to compel the production of evidence and require witnesses, including law enforcement, to testify in court. Without issuing subpoenas in this case, the client's 911 call and the officer's negligence would have remained hidden.
How can I know if my case has overlooked evidence?
Only a thorough pretrial investigation can reveal gaps in the prosecution's case. Defense attorneys who dig beyond the discovery packet can find the evidence that makes the difference between a conviction and an acquittal.
Facing felony charges? Do not leave your defense to chance. Contact FrizWoods today for a free consultation. We fight for the full truth, because your future depends on it.