Massachusetts Criminal Defense Attorney Blog

Authorities in Hudson, Massachusetts have charged John Resendes with breaking and entering, rape, assault and battery with a dangerous weapon, intimidation of a witness, assault with intent murder, domestic assault and battery, kidnapping and resisting arrest. According to reports at 4:30 in the morning Resendes broke into a woman's, entered her bedroom and assaulted her. The woman was someone with whom Resendes had a relationship. The possible cause of the incident stems from Resendes seeing her with another man earlier in the day. As the woman tried to escape the attack the defendant threw her to the ground and sexually assaulted her. She was able to call 911. The prosecution further claims that Resendes threatened the victim with a knife by holding it against her throat and suggesting that he would kill her. All charges are now pending in the Marlborough District Court. Resendes is being held without bail. The victim refused medical treatment.

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Massachusetts Man Charged With Sexual Assault, Kidnapping

In the context of this case all of these charges are serious. The rape charge itself carries a potential life sentence. Factually however this charge is not supported by this article. To be convicted of rape the district attorney must show that the defendant (Resendes) engaged in sexual intercourse, either natural or unnatural with the complainant; and that the sexual intercourse was accomplished by compelling the complainant to submit by force or threat of bodily injury and against her will. Natural intercourse consists of inserting the penis into the female sex organ. Unnatural sexual intercourse includes oral and anal intercourse, including fellatio and cunnilingus, and other intrusions of a part of a person's body or other object into the genital or anal opening of another's body. Either natural or unnatural sexual intercourse is complete on penetration, no matter how slight, of a person's genital or anal opening. In addition to the vagina, the female genital opening includes the anterior parts known as the vulva and labia. Penetration into the vagina itself is not required. The article makes no mention of what acts Resendes committed to satisfy the elements of the crime of rape.

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Trevor Brooks and Johnmark Unsworth, both of Hamilton, Massachusetts and Camilla Lambert of Manchester will likely be charged in the Ipswich District Court, (now merged with the Newburyport District Court) with breaking and entering with the intent to commit a misdemeanor and attempting to start a fire. According to reports a security guard at Gordon College found the three in the music center on the campus. None of the three are enrolled in the school and when asked what they were doing on the property they made some untrue statements. Apparently and for some inexplicably reason the group lit and eraser on fire. The three denied breaking into the property instead claiming that they gained entry through an unlocked door. One of the three defendants later went to the Wenham Police Station to make a statement about his involvement in the matter.

Two From Hamilton Massachusetts And Another From Manchester Charged With Breaking And Entering, Related Crimes

While there is obviously much missing from this article there stands a very good chance that this case will remain in the district court. The crime of Breaking and Entering With the Intent to Commit a Misdemeanor is a violation of Massachusetts General Laws Chapter 266 Section 16A. A conviction for that offense carries a maximum six month house of correction sentence. Attempting to start a fire is prohibited by Massachusetts General Laws Chapter 266 Section 5A. This crime is a felony and is punishable by up to state prison. If the defendants do not have criminal records there is a chance that this case will be resolved by a continuance without a finding. That type of disposition in Massachusetts provides a break for the defendant. Here is how that works. The judge will agree to continue the case for a specified period of time. During that time period if the defendant stays out of criminal legal trouble the case will ultimately be dismissed. I would imagine that something along these lines with certain conditions such as community service or restitution is a way in which this case might be finalized.

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Just the other day Boston, Massachusetts police arrested Amando Avila, a thirty four man from Newton, Massachusetts. The charges, trafficking more than two hundred grams of heroin. It is alleged that Avila tried to sell two kilograms of pure heroin to an undercover police officer. According to reports Avila's overall role in heroin trafficking is unknown at this time. He will however stand charged with trafficking and a school zone violation in Suffolk County. The case will no doubt be indicted by a grand jury and prosecuted in the Suffolk County Superior Court.

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Boston Massachusetts Police Make Heroin Arrest, Man Charged With Trafficking, School Zone Violation

Trafficking heroin over 200 grams in Massachusetts is a felony punishable by a minimum mandatory 15 year state prison sentence. The school zone adds another minimum mandatory 2 years to the sentence. If convicted of these charges Avila will have to serve 17 years in a Massachusetts state prison. Here are some of the problems he faces in terms of defending this case. The quantity of heroin is enormous by Massachusetts standards. Two kilo heroin cases are not common in this state. The purity is a major issue. The Boston Police claim that the street value of this seizure is over two hundred thousand dollars. The greater the purity the more likely the substance will be diluted prior to distribution so that the profits of the drug dealers increase. The final street product of the heroin seized would be substantial. It would end up serving a great number of heroin users by the time it was ultimately cut up and sold. Hand to hand sales to undercover officers are very difficult to defend. When these cases are won they are usually done so through motions to suppress. At trial, the only defenses to cases such as this are duress or entrapment. Avila's lawyers have lots of work ahead of them.

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Law enforcement officials received information that Halison Hernandez of Lynn, Massachusetts was selling cocaine as part of a large scale operation. Accordingly they started an investigation. During the course of their efforts local police agencies were able to infiltrate the organization with an undercover officer who made several purchases of large quantities of cocaine from Hernandez. The investigation lasted several months. Just two days ago the work of the police culminated in a controlled buy. An undercover office paid Hernandez sixty two thousand dollars for two kilograms of cocaine. Hernandez was arrested as were Joel Gonzalez of Lynn, Massachusetts and Ryan Fulti of Salem, Massachusetts. Gonzalez and Fulti were in a separate car that was used to deliver the drugs for Hernandez. All men have been charged with Trafficking Cocaine Over 200 Grams. The case will be prosecuted in the Essex County Superior Court.

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Trafficking Cocaine in Massachusetts in an amount that exceeds two hundred grams carries the most severe punishment. Assuming there is no school zone violation the defendants face a minimum mandatory fifteen year state prison sentence. Hand to hand sales to undercover police officers are very difficult to defend. Usually the only defense to one of these cases involves entrapment. As I have mentioned in prior blog posts, entrapment occurs when the idea to commit certain crimes is provided by law enforcement or one of its agents and the target or defendant is not predisposed to commit the crime. There must be a showing of an effort on the part of the police to overcome the will of the defendant and essentially make him commit the crime or leave him with the understanding that he has no choice but to commit the criminal act.

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Casey Sorrentino of Whitman, Massachusetts and Brandon Welliver of Bridgewater, Massachusetts work together. Last Friday a manager at their place of employment saw the two exchanging money for a package of cigarettes. The manager claims to somehow have obtained possession of the cigarette package and found two percocet pills inside. He then called the police. Sorrentino was charged with possession of a Class B substance. Welliver was charged with Distribution of a Class B substance and a school zone violation. Charges will likely issue in the Hingham District Court.

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Massachusetts Man Who Sells Percocets To Co-Worker Charged With School Zone Violation

The Massachusetts school zone statute mandates that anyone who possesses drugs with the intent to distribute them within one thousand feet of a school zone or actually distributes drugs within one thousand feet of a school zone must serve at least two years in the house of correction. Even if Welliver has no criminal record he must be sentenced to jail time if he is convicted of this crime. Usually district attorneys will break these cases down if the defendant has no criminal record and allow him to plead to a lesser offense. If the person has a prior conviction, particularly one for drug offenses then the prosecution will likely seek enforcement of the statute. What strikes me as interesting about this case is how the employer actually obtained the cigarette package. It would be unrealistic to assume that Sorrentino simply gave it to him. So what was he doing going through her property? Additionally, it makes no sense that Welliver would place two percocet pills in a cigarette package. Why not just hand them to Sorrentino discreteley? It appears that there is more to this case than was reported and perhaps Welliver and Sorrentino have good defenses to these charges.

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Last Saturday John Murphy, a twenty two year man from Marblehead, Massachusetts was arrested and charged with rape of a child with force and drugging a person for sexual intercourse. He is now being held on a fifty thousand dollar bail that was set in the Lynn District Court. According to reports the victim is a fourteen year old girl. She was at a local playground two weeks ago and met with the defendant. Shortly thereafter police were called to the playground where they found the girl passed out. She was taken to a local hospital and then Boston's Children's Hospital where she underwent a sexual assault screen and full toxicology examination. Alcohol and prescription drugs were found at the scene. From the article it is unclear how the police linked Murphy to the assault and just what if anything Murphy did to the girl.

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Massachusetts Man Held On High Bail After Serious Sexual Assault Allegations

The sexual assault charges Murphy faces are extremely serious. Drugging a person for sexual intercourse is a felony in Massachusetts in accordance with Massachusetts General Laws Chapter 272 Section 3. The law states that anyone who causes someone to take drugs with the intent to overcome that person's will so that he or she can have sexual intercourse with the person is guilty of this crime. The punishment is not less than ten years in state prison and up to life in prison. The crime of rape is also punishable by as much as life. Facts that defense lawyers would like to know about this case are as follows: What does the victim remember? Is there physical evidence such as semen or DNA from Murphy that links him to the girl? Were there any other witnesses to the alleged acts? What was in the girl's system? What evidence at the scene can be linked to the defendant?

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Following a six month criminal investigation involving several Massachusetts law enforcement agencies two Northborough residents were arrested last week and charged with various drug related crimes. It was reported that either Edward Letourneau or Mary Anne Belanger, residents of Northborough were distributing cocaine from their home. When police made the arrests they found over fifty grams of crack cocaine, other drugs (Class E substances) and ammunition. Letourneau was charged with trafficking cocaine, possession with the intent to distribute cocaine, possession of ammunition and conspiracy. Belanger was charged with conspiracy. Criminal charges against both defendants are pending in the Westborough District Court. Final jurisdiction of these charges will likely be in the Worcester Superior Court.

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Criminal Charges Filed Against Two Massachusetts Men Caught With Cocaine

Trafficking cocaine carries a minimum mandatory state prison sentence in Massachusetts. The threshold for trafficking cocaine is fourteen grams. When more than twenty eight grams and less than one hundred grams is alleged to be the amount trafficked the minimum mandatory sentence is five years. Conspiracy charges do not carry any mandatory period of incarceration. It appears that the police investigation centered on controlled purchases of cocaine either using undercover police officers and/or confidential informants. The article is silent as to whether the arrest was made pursuant to a warrant, after a controlled buy or during the execution of a search warrant.

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Five people have been indicted by a Federal Grand Jury in the Federal District Court for the District of Massachusetts on Conspiracy to Traffic Marijuana Charges. It is reported that Dmitriy Goldinshteyn of Framingham, Massachusetts along with Myooran Nakeswaran and Mark Belenkii, both from Newton, Massachusetts as well as Mary Roberts and Vadim Khait are named in the indictments. Goldinshteyn was arrested at his home in Framingham at six o'clock in the morning. He has been released on a twenty five thousand dollar personal appearance bond. It is alleged that the conspiracy started in early 2004 and that involved over one thousand kilograms of marijuana.

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Marijuana Trafficking Conspiracy Cases Pending For Five From Massachusetts

Conspiracy to traffic one thousand kilograms or more of marijuana in Federal Court is punishable by a minimum mandatory ten years in federal prison according to the relevant statutes. The Federal Sentencing Guidelines suggest the following in cases such as this one. First, the quantity itself makes this a level 32 offense. If the defendant's criminal history is a category 1 the guidelines suggest a sentence of 121 months to 151 months be imposed. The defendant's level can be decreased by at least two levels depending on his role in the conspiracy. The defendant's level of participation can also be a factor that leads to a reduction in the base offense level. There can also be a reduction in base offense level if the defendant accepts responsibility for his actions. Finally, the defendant may be eligible for a "safety valve" that permits the judge to sentence him under the minimum mandatory sentence. This article is vague as to what each defendant's role in this operation was. As of today there was no press release providing additional information on this case.

Much can be done to defend people accused of this offense. Over the past ten years Federal Case Law has evolved favorably to the defense. It is becoming more common for a minor participant in a drug conspiracy to be punished for his or her actual role in the offense than rather than for the entire quantity of drugs alleged in the indictment. Thus, in a case where it is alleged that multiple defendants trafficked over one thousand kilos of marijuana there can be great disparity among the sentences for each participant.

Continue reading "Five Indicted On Marijuana Conspiracy Charges In Massachusetts Federal Court, One From Framingham, Two From Newton" »

Pedro Alix and Christopher Hassapis, both from Salem, Massachusetts along with Carlos Vieira of Peabody, Massachusetts now stand charged with assault with a dangerous weapon, armed robbery and assault and battery after forcing their way into another man's home for the purpose of committing a robbery. The victim in this case reported that on Tuesday night he was outside of his home counting his rent money when a car occupied by the defendants appeared. The men got out of the car, charged at the victim, ran into his home and robbed him at gunpoint. Police found the victim outside and bleeding from wounds to his face. Other police officers who received a radio call recalled seeing the car earlier that evening with two of the defendants riding in it. They went to a location where the three were known to hang out and were given permission to enter by an unidentified female. Officer found the defendants in possession of crack cocaine. They also located a replica gun on the premises. The victim was able to identify the gun and the car but none of the defendants. Bail has been set at one hundred thousand dollars cash at the Salem District Court.

Criminal Charges For Three Massachusetts Men Following Home Invasion

There is an interesting issue in this case. The victim has not identified the defendants. You can bet however that the district attorney will proceed with this prosecution. The defendants will be indicted. The case will be handled in the Essex County Superior Court in Salem, Massachusetts. Most likely the prosecution will proceed by introducing into evidence the gun and photographs of the car in which the defendants were riding. They will also have the police officers who saw two of the defendants in the car earlier that evening testify as to her observations. However, absent any positive identification either through the victim or evidence from the scene such as fingerprints, footprints or DNA the case will rest solely on circumstantial evidence. These cases can be a defense attorney's dream. Based on the information in the article do not be surprised to see the home invasion charges dismissed against one or more of the defendants. Acquittals after a trial would not surprise me either.

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Shortly after 11:10 p.m. yesterday a Massachusetts State Trooper observed a car pass him on Route 495 at a speed estimated around one mile per hour. A chase followed. The officer observed the vehicle exit the highway at Route 110 in Haverhill, Massachusetts. According to the officer the driver's speeds ranged from fifty five miles per hour to eighty five miles per hour once off of the highway. Haverhill Police officers observed the car for short periods of time but were unable to follow it. The car was finally found abandoned on Central Street in Haverhill. Two men walking near the scene were arrested. One of the men, Aldis Sureo was charged with receiving stolen property. The other man, Aneudis Mendez was charged with disorderly conduct. Charged are pending in the Haverhill District Court.

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Car Chase Leads To Criminal Charges For Two Massachusetts Men

One thing that comes to mind when reading this article is why did the police stop Sureo and Mendez. Massachusetts law states that in order to lawfully conduct an investigatory stop there can be no more than a brief non-intrusive detention of the person and it must be supported by specific and articulable facts sufficient to give rise to reasonable suspicion. If officers ask questions with a show of authority an illegal seizure may have occurred. If the officers actions were sufficiently coercive or intimidating a seizure might have occurred. The positioning of officers during the encounter factors into its constitutionality as well. In cases such as this one the defendant's chance of success often rests on the legality of the stop. A motion to suppress can at times result in a dismissal of the case.

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Twenty three year old Benjamin J. Sciucco, 23 was at the Tavern at the Square, a new bar in Salem, Massachusetts this past weekend. Just before closing time he struck another bar patron with a glass beer mug. An employee of the establishment located a Salem Police Officer who was near the bar and reported the incident. Using the description given by the employee the officer located Sciucco and made an arrest. Sciucco has been charged with assault and battery by means of a dangerous weapon and possession of marijuana. The case will be prosecuted in the Salem District Court.

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Assault And Battery Charges Filed In Salem Massachusetts Against Man Who Hit Bar Patron In Face With Beer Mug

It is not that often that someone simply hauls off and hits someone in the face with a beer mug. Typically there was some sort of provocation or instigation that prompted the act. In terms of using this as a defense the law in Massachusetts places limits on the use of force. In order to avail yourself of the use of a dangerous weapon in the course of self defense the defendant must reasonably and actually believe that he was in immediate danger of great bodily harm or death. He must have done everything reasonable in the circumstances to avoid physical combat before resorting to force. He also cannot use more force to defend himself than was reasonably necessary in the circumstances. If the defendant intends to use this defense in this case much will depend on the actions of the person he struck with the glass mug.

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According to reports Lynn, Massachusetts police had a warrant for Johnny Rodriguez's arrest stemming from an incident last Saturday night. At that time, Rodriguez was stopped by police officers who were following up on recent shootings. Rodriguez was able to escape in his car and a warrant for his arrest issued. Surveillance was set up outside his home on Monday. Police entered is apartment and secured his arrest. In the process they observed an open safe containing a couple of handguns and an assault rifle. A search warrant was then issued permitting the police to search the apartment. During the search additional firearms were located along with ammunition and over two hundred grams of cocaine. A substantial amount of cash was seized as well.

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Firearms, Drug Charges For Lynn Massachusetts Man

I would assume that Rodriguez has been charged with unlawful possession of firearms, possession of ammunition, possession with intent to distribute marijuana and trafficking cocaine. While all of these charges are considered serious Rodriguez stands to serve the most time on the cocaine trafficking charge if convicted. Trafficking cocaine over two hundred grams in Massachusetts comes with a mandatory minimum fifteen year state prison sentence after conviction. The firearms charges carry a minimum mandatory eighteen month sentence. There is no minimum mandatory sentence associated with convictions for the possession of ammunition and the marijuana charges.

During the bail hearing Rodriguez's lawyer suggested that the police officers' search exceeded the scope of the warrant. If this is true then perhaps some of the items seized will be suppressed. Here is one thought that comes to mind. If Rodriguez's home was under surveillance why did the police need to enter his apartment to effectuate the arrest? It would make more sense if they apprehended him when they saw him about to enter the establishment rather than wait for him to get inside. If the defense can show that getting inside the apartment was illicitly orchestrated to establish probable cause to obtain the warrant Rodriguez might be able to convince a court to suppress the search.

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Shubar Charles has been held in the Essex County Jail since April on a one hundred fifty thousand dollar cash bail since he was first charged with cocaine and gun crimes in the Lynn District Court. He has now been indicted by an Essex County Grand Jury and his case will be prosecuted in the Salem Superior Court. On April 3, 2009 police went to Charles home armed with a warrant for a New Bedford criminal case. When they located Charles he was in possession of cocaine, a handgun and some ammunition. Charles had some prior drug convictions. The district attorney charged him with possession of a firearm, possession of ammunition and possession with the intent to distribute cocaine.

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Lynn Massachusetts Man With Prior Criminal Record Indicted For Guns, Drugs

The firearm charge itself carries a maximum five year state prison sentence. There is a minimum mandatory eighteen month sentence that Charles will have to serve if convicted of this crime. The crime of possessing ammunition is a misdemeanor punishable by up to two years in the county house of correction. The possession with intent to distribute Class B carries a maximum ten year state prison sentence with no minimum mandatory under most circumstances. However where the defendant has prior convictions there is a minimum mandatory three year state prison sentence. According to this article Charles has prior convictions. He is facing a mandatory three year sentence on all counts. The firearm count and the charge of possession with intent to distribute cocaine can run concurrently if a judge chooses to do so after a trial or a guilty plea. Sometimes these cases can be plea bargained to reduce the minimum mandatory exposure that the defendant is facing. That often depends on the nature of the offense, the person's criminal record and any personal history that might warrant the consideration of a lesser sentence.

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This past Sunday night various Massachusetts police agencies received information from the Maine branch of the DEA advising them to watch for a certain vehicle expected to drive through the northern Essex County area along Route 495. Apparently law enforcement had information that one of the occupants had a large quantity of cocaine in his possession. With this information one Massachusetts state trooper came upon the vehicle and claimed that the vehicle had a broken right tail light. The trooper stopped the vehicle and with backup from the Haverhill and Merrimac police conducted an investigation. At that time officers located a large quantity of cocaine on Clinton Jennings, a Bronx, New York native. They also found cocaine on Courtney Nye. The driver and another passenger, Nicolas Norris and Daniel Borders respectively were also arrested. All four men have been charged with trafficking cocaine. The case is currently pending in the Newburyport District Court where bail was set at one hundred thousand dollars.

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Men From Maine And New York Charged With Trafficking Cocaine In Essex County Massachusetts

A couple of questions immediately come to mind when reading this article. Why would anyone trafficking cocaine drive with a broken tail light? Faulty equipment such as defective or broken tail lights are the easiest way to get pulled over legitimately. The answer to that question is simple. Either the tail light was not broken when the driver got into the car that evening or the driver had no idea that his passengers had large quantities of cocaine in their possession. The best way to prove that the tail lights were not broken is to get photographs from gas stations where the vehicle filled up earlier that evening. Here is another question. Why are Norris and Borders charged with trafficking cocaine? What evidence is there that they knew that Jennings and Nye had cocaine in their possession? More importantly, how is the district attorney going to prove their intent relative to trafficking? Merely being present at a crime scene is not sufficient evidence to sustain a conviction. How about the quantity of cocaine? How much cocaine was seized? The amount triggers the minimum mandatory sentence that these men face if convicted.

It appears that a motion to suppress will be filed the lawyers for each of these men. If successful the drugs get suppressed and cannot be used as evidence at trial. This effectively ends the case. I imagine for at least two of these men, Jennings and Nye, the success of their defenses lies with the validity of the stop. Keep in mind that under Massachusetts law stopping someone for a broken tail light does not give police the right to remove the driver and occupants from the vehicle and conduct a search of the driver, occupants or vehicle.

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Following up on an investigation concerning Jeremy Lawrence's activities Framingham, Massachusetts police officers engaged in an undercover operation. In doing so they succeeded in purchasing two small baggies of cocaine from Lawrence at the Jefferson Hills Apartments. After the purchase other officers confronted Lawrence in a parking lot. Lawrence immediately placed his hands in his waistband. Officers ordered him to stop. He continued these actions until he was subdued by the police. Jeremy Lawrence was searched. Found in his possession were over fifty bags of cocaine, thirteen bags of crack and a baggie of marijuana. Lawrence was charged with trafficking cocaine and a school zone violation. The case is now pending in the Framingham District Court. Bail was set at $2,500.00.

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Dorchester Man Gets Arrested In Framingham For Drug Trafficking

Undercover operations of this nature are quite common. Officers learn from informants or through other aspects of an investigation the identity of people who might be dealing drugs. Since catching the person in the act is the best way to prove his guilty they set up undercover buys. Many times the police will pose as drug users or drug dealers, get an introduction to their suspect and gain his confidence. They arrange to purchase a specified quantity of drugs and after doing so an arrest is made. Frequently, my clients who have been arrested as a result of one of these operations ask me if this is entrapment. The simple answer is usually "no". Entrapment in Massachusetts requires more that law enforcement placing the idea of the criminal wrongdoing in the defendant's mind. There must be an effort to overcome the defendant's will not to commit the crime through coercive behavior that ultimately results in him relenting and doing the act. If the district attorney shows that the defendant was already predisposed towards criminal activity then there is no coercion.

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