Massachusetts Criminal Defense Attorney Blog

Andrew Yuen was working the counter at Holbrook Liquors Friday night when a man came who in wearing a ski mask started demanding lottery tickets. Yuen raised his hands in submission and invited the man behind the counter to take the money from the register. Yuen then seized an opportunity to push the gun away and with the help of another store employee subdued the man and called the police. Police officers arrived and arrested Richard Hall of Holbrook. Hall was a regular at the store and had been there four hours earlier that evening. Authorities charged Hall with armed robbery while masked, assault by means of a dangerous weapon, armed assault with the intent to rob and using a firearm in the commission of a felony. Bail was set at five thousand dollars cash in the Quincy District Court.

Read Article: Liquor store employees subdue robber

The crime of armed robbery in Massachusetts is governed by Massachusetts General Laws Chapter 265 Section 17. A conviction of armed robbery carries a potential life sentence. If however the person who committed the crime was masked there is a minimum five year state prison sentence that must be imposed.

Defending this case will be a difficult undertaking. The report makes clear that in addition to the two store employees there were two girls at the counter whom Yuen was assisting when Hall entered the store. If their version of the events supports that of the store employees Hall's chance of success after trial is minimal at best. Look for him to enter into some sort of plea bargain where he might be able to get around the five year minimum sentence he now faces.

Continue reading "Man Arraigned On Masked Armed Robbery, Related Charges In Quincy District Court" »

A one month long investigation into cocaine dealing in Malden and Everett resulted in the arrest of three locals. According to reports Jennifer Verderber, 21, of Medford George Graef, 33, and John Mazzeo, 27, both of Everett, have been charged with various drug crimes. It is alleged that Mazzeo and Verderber drove to the other defendant's home and obtained from him a package containing cocaine. The two were followed and seen engaging a a drug transaction after which they were arrested. Police then went back to Graef's home where they located and seized sixty grams of cocaine, nearly three thousand dollars cash, drug paraphernalia and scales. Graef was also arrested and charged with drug crimes. Charges are now pending in the Malden District Court.

Read Article: Three Getting Arraigned On Cocaine Charges In Malden District Court

The most serious charge all three might be facing is trafficking cocaine in excess of twenty eight grams, a violation of Massachusetts General Laws Chapter 94C Section 32E. The district courts in Massachusetts do not have jurisdiction over trafficking cases so the matter will likely be prosecuted in the Middlesex County Superior Court in Woburn. There is a five year minimum mandatory sentence for anyone convicted of that crime. Based on the article, this case presents some interesting issues involving search and seizure law. Questions that come to mind are 1) did the police utilize and informant in this case, 2) to whom did Verderber and Mazzeo distribute drugs and what is that person's role in this investigation, if any, 3) what probable cause did the police have to enter Graeff's house, or how did they in fact gain entry. All three of these defendants might have some very strong defenses to these charges.

Continue reading "Cocaine Investigation In Malden, Everett Leads To Three Arrests" »

Several weeks ago DEA and Andover, Massachusetts police received information from a source that Jay Keough and Ryan Emmet were cooking up methamphetamine at Keough's parents' home on Lowell Street in Andover. Apparently Keough and Emmett had been buying cold medicine containing pseudoephedrine from drug stores in the Merrimack Valley towns of Andover, Methuen, North Andover, Lawrence and Haverhill. Various "cooking" techniques break the medicine down into ephedrine which in turn is used in the manufacturing of methamphetamine or "crystal meth". According to reports Keough manufactured the substance every 4-5 days in a first floor room that was locked, chained and guarded by a Rottweiller. Both Keough and Emmet were charged in federal court with conspiracy to manufacture methamphetamine. Both men are being detained pending a hearing.

Read Article: Massachusetts Men Caught In Their Andover Meth Lab Charged In Federal Court

Both defendants have been charged with a violation of 21 U.S.C. Section 846 and 21 U.S.C. Section 841(a)(1). 21 U.S.C. 846 makes it a crime to conspire to violate any of the laws of the drug abuse prevention and control act. 21 U.S.C. 841(a)(1) makes it a crime to manufacture, distribute or possess with the intent to distribute a controlled substance. Methamphetamine is a controlled substance in accordance with Schedule II of the act. If convicted on these charges, Keough and Emmet each face up to 20 years imprisonment, to be followed by 3 years of supervised release and a $ 1,000,000 fine.

Continue reading "Feds Break Up Meth Lab In Andover, Arrest Two" »

On January 18, 2009, while at a Metallica concert Brewster, Massachusetts police officer Joseph Houston was throw out of the Boston Garden after urinating on another concertgoer. Houston then tried to get back into the concert by flashing his police badge. According to earlier reports Houston was told that if he did not leave the concert he would be charged with trespassing. Houston again tried to use his badge to regain entry to the Garden. Failing to heed the second warning Houston tried to again to go back into the concert. He was arrested. Later, the parents of the person on whom he urinated reported that incident to the Boston police and charges ultimately issued. Now, Houston in charged with assault and battery and open and gross lewdness.

Read Articles: Cape Cod Police Officer Suspended After Concert Incident

Brewster Police Officer Charged With Felony Stemming From Actions At Concert

The most serious charge Houston faces is the open and gross lewdness. In Massachusetts this is a felony in accordance with Massachusetts General Laws Chapter 272 Section 16. There is a maximum three year state prison sentence that can be imposed if the case is prosecuted in the Superior Court. This case will most likely be handled in the Boston Municipal Court where Houston can be sentenced to no more than two years in the house of correction.

To convict someone of this crime the district attorney must prove five elements beyond a reasonable doubt. 1) that the defendant exposed his genitals to one or more persons, 2) that this was intentional, 3) that he intended public exposure, 4) that the act was done in a way to produce shock and 5) that someone was in fact shocked by the act.

Continue reading "Former Massachusetts Cop Charged With Open And Gross Lewdness, Assault And Battery" »

The Lowell Sun reported that a forty one year old Dracut, Massachusetts man has been charged with assault with intent to commit murder, assault and battery, and assault and battery by means of a dangerous weapon after he supposedly stabbed his wife nine times with a large butcher knife in front of their two young children. According to the article the victim had recently moved out of the couple's home with their children. The children were visiting with him and around 5:30 the victim went back to the house to pick them up. After a brief discussion the defendant threw the woman down on the ground, stabbed her with a butcher knife and threatened to kill her. The children ran to a neighbor's house. The neighbor returned and pulled the defendant off of the woman. A district court held the defendant without bail pending a dangerousness hearing and a competency hearing. Charges are pending in the Lowell District Court.

Read Article: Lowell, Massachusetts Man Held In Domestic Violence Incident

Competence to stand trial in Massachusetts is governed by Massachusetts General Laws Chapter 123 Section 15. The law states that at any time a judge may order an evaluation to determine whether a person is competent to stand trial. If possible, the examination is to be conducted at the courthouse or where the person his being held. After the examination, the judge may order the person committed to the Bridgewater State Hospital for a period of up to twenty days. The treating personnel at the hospital may request an additional twenty days, or up to forty days for observation and further examination. If the person is found competent the case will resume its schedule. If not, then the case is continued until the person becomes competent.

Competency evaluations are used primarily when people engage in irrational acts or behave in ways that are uncharacteristic. In this case it appears that the defendant "flipped out" possibly due to the deterioration of his marital situation. In almost every case a person is ultimately found to be competent. It may take several months or in rare instances years but trial or a resolution of the case is almost always inevitable.

Continue reading "Dracut Massachusetts Man Held Without Bail After Stabbing Wife" »

Eric Sideri owns Angela's Coal Fired Pizza in Tyngsboro, Massachusetts. On Saturday night he and his manager Al Guevara pistol whipped and beat an employee Sideri believed stole twenty thousand dollars from the business. According to reports Sideri left the business sometime Saturday night seemingly in a bad mood. Guevara, who manages another one of Sideri's stores came into the establishment. Shortly after the business closed Guevara told the cleaning crew to leave the property. Guevara started to count the evening's take when Sideri re-arrived and began accusing the victim of taking his money. Sideri then proceeded to beat the victim with the bat. Sideri then tied the victim's hands behind his back, withdrew two guns and threatened to blow his brains out. Sideri then stuck the larger of the two guns in the employee's mouth and threatened to kill him. Sideri and Guevara then allowed the victim to leave the store. The victim called the police and his girlfriend and went to the hospital for treatment of his injuries. Sideri was arrested at his home. A warrant has been issued for Guevara's arrest. Sideri has been charged in the Lowell Distict Court with three counts of assault and battery with a dangerous weapon, threatening to commit the crime of murder, larceny of a motor vehicle and kidnapping.

Read Article: Pizza Restaurant Owner Charged With Kidnapping, A & B Dangerous Weapon

In the context of this case the most serious charges are the kidnapping and assault and battery by means of a dangerous weapon. Kidnapping is prohibited by Massachusetts General Laws Chapter 265 Section 26. The maximum sentence after conviction is ten years in state prison unless a firearm was used in the commission of the offense or serious bodily injury resulted. Since no firearm was recovered it is impossible to prove the enhancement provision of this statute. Serious bodily injury is defined as "bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ or substantial risk of death." It does not appear that that provision is implicated in this case either. Assault and battery by means of a dangerous weapon is a crime pursuant to Massachusetts General Laws Chapter 265 Section 15A. This too is punishable by up to ten years in state prison unless aggravating circumstances accompany the act. That is not the case here.

Continue reading "Massachusetts Man Beats Employee With Bat, Guns Over Alleged Theft Of $20,000" »

Amesbury, Massachusetts police had their work cut out for them early Saturday morning when they stopped a 2002 Pontiac sedan operating erratically on Route 110. When Officer David Noyes activated his lights the car's four occupants started behaving strangely. When he contacted the driver he noticed the smell of alcohol coming from inside the vehicle. Noyes quickly learned that the driver had a warrant out of the Newburyport District Court for an OUI conviction and that he was operating on a revoked driver's license. The passengers had become unruly and Noyes called for assistance. The responding officers patted down the passengers and conducted a search of the car. During the search the police located a loaded semi-automatic firearm. A small bag of cocaine was found on one of the passengers and two additional bags were located in the car. All four had criminal records including cocaine distribution, larceny of a motor vehicle, robbery and possession of a dangerous weapon. Three of the subjects had pending criminal cases in other courts.

As a result of this incident several charges were filed in the Newburyport District Court including carrying a firearm, possession of ammunition, possession of cocaine, OUI second offense, driving with a revoked license, open container violation and minor in possession of alcohol. Bail for each was set at $25,000 pending arraignment.

Read Article: Boston Men Charged With Drug, Gun Violations, OUI Second After Routine Traffic Stop

Of all the charges these guys are facing the most serious is the gun possession charge. In Massachusetts possession of a firearm is proscribed by Massachusetts General Laws Chapter Section 10. The law states that anyone who carries a firearm without being properly licensed to do so is guilty of a felony. There is a mandatory minimum eighteen month sentence that you must serve if you are convicted of this crime. The firearm charges in this case might be very difficult for the prosecution to prove. All four defendants are charged with possessing the gun. This is because the police were unable to determine who actually possessed the weapon. While there can be a joint venture theory used by the prosecution to attribute possession to all defendants the likelihood of getting convictions of this basis is slim.

Recently in Essex County the district attorney's office has been fingerprinting firearms in cases such as this. If the prints match up to one of the occupants in the car a conviction against that person becomes more likely. Essex County has a gun court now held in Peabody. This might be where this case is ultimately prosecuted.

Continue reading "Traffic Stop Results In Gun, Drug, OUI Charges In Newburyport District Court" »

Brian Sewall is 58 years old and in 1992 he was convicted of sexually assaulting two boys. He was living on Main Street in Peabody, Massachusetts in September. Peabody and Salem police learned of his whereabouts in September and began looking for him after hearing that he was frequently observed in the company of a fifteen year old boy. Authorities found him on leaning into a car in what reports suggest was some sort of drug related activity. He was arrested for illegal possession of narcotics. When police learned that he had not registered as a sex offender he was charged with that crime too. The defendant was sentenced to six months in the house of correction for the sex offender violation. He has an outstanding warrant in New Hampshire for the same offense. Sewall has been charged with this crime at least four other times in Massachusetts. Other criminal convictions for the defendant include larceny, fraud, DUI and more.

Read Article: Peabody Sex Offender Sentenced In Salem Superior Court

The crime of failing to register as a sex offender in Massachusetts is governed by Massachusetts General Laws Chapter 6 Section 178H. The law states that anyone who fails to register after having been convicted of particular designated sex offenses is guilty of a crime. For a first offense the law requires a minimum six month jail sentence. For second and subsequent offenders the punishment is a minimum five years in prison.

Continue reading "Peabody, Massachusetts Man Receives 6 Month Sentence For Failing To Register As Sex Offender" »

In a 4-2 decision the Massachusetts Supreme Judicial Court affirmed a Superior Court judge's decision to suppress a search made pursuant to a warrant. As a backdrop, the defendant in this case filed a motion to suppress cocaine, marijuana and drug related paraphernalia seized in his home during the execution of a search warrant. The search warrant was issued in reliance on a police officer's affidavit. The affidavit stated:

1. That an informant told the officer that he had been buying cocaine from the defendant. The informant provided the defendant's address. Police corroborated that this was the defendant's address.
2. The informant told the officer that in order to buy drugs from the defendant he would call the defendant and arrange a location and time for the deal.
3. Using this information the officer set up a controlled buy. Surveillance watched the defendant leave his home and meet the informant at the predetermined location. Undercover officers witnessed the transaction.
4. The officer concluded that in his experience the defendant's manner of operation was consistent with drug dealers' tactics designed to evade law enforcement by changing times and delivery locations and that in these situations the drug dealers use their homes to store the narcotics.

Three days later the officer applied for and obtained the search warrant.

Citing earlier cases, the Massachusetts Supreme Judicial Court held that when the target location of a search warrant "is a residence, there must be specific information in the affidavit, and reasonable inferences a magistrate may draw, to provide 'a sufficient nexus between the defendant's drug-selling activity and his residence to establish probable cause to search the residence.'" The Court continued that "Information establishing that a person is guilty of a crime does not necessarily constitute probable cause to search the person's residence." On these facts the Court concluded that there was no "particularized information based on police surveillance or otherwise, that would permit a reasonable inference that the defendant likely kept a supply of drugs in his apartment." One single observation of the defendant driving from his home to the location of the drug deal was insufficient to establish probable cause in this case.

See Commonwealth v. Pina, Slip Opinion, SJC-10240 March 19, 2009.

A large majority of drug cases handled by criminal defense lawyers involve search and seizure issues. Motions to suppress can result in judges excluding evidence unlawfully seized by law enforcement officials. The result is often a dismissal of all charges in that the district attorney is unable to go forward without the items seized.

Continue reading "Massachusetts SJC Finds Affidavit Insufficient For Issuance Of Search Warrant" »

Stephanie Lighten and Jennifer Lighten are married. They live in Pittsfield, Massachusetts. Last Tuesday in the late afternoon police responded to a call at the couple's home. Jennifer Lighten told police that her wife Stephanie tried to forcibly inseminate her with a turkey baster and her brother's semen. According to reports Stephanie threw Jennifer on the couch, grabbed at her clothing and threatened to impregnate her. Jennifer broke free and sought shelter in a bathroom. Stephanie broke down the bathroom door. Jennifer the fled the home followed by Stephanie. Witnesses saw the incident continue down the street. Domestic violence related charges have been brought against Stephanie. Right now charges of assault with the intent to commit rape have issued. Police seized the container of semen. The defendant was released on her own recognizance. a "refrain from abuse" order has issued as well. \

Read Article: Domestic Violence Charges For Woman Who Tried To Inseminate Wife

The Massachusetts Abuse and Prevention Act is codified under Massachusetts General Laws Chapter 209A. The act defines abuse as causing harm, attempting to cause harm, threatening to cause harm or forcing someone into sexual relations. The act applies to family or household members; people who are related to one another by blood or marriage, or who reside together, or who have been in a substantive dating relationship. Acts of violence against people falling within this definition are commonly categorized as domestic violence. The underlying act can be a criminal act such as an assault and battery, with or without a dangerous weapon, rape, murder and more. This statute sets out the criteria for obtaining restraining orders in Massachusetts as well.

Here, the article is unclear as to what charges were brought against the defendant. Most likely she was charged with assault and battery. The maximum sentence for a conviction of this crime is 2 1/2 years in jail.

Continue reading "Massachusetts Woman Charged In Domestic Violence Incident" »

MIT Police Officer Joseph D'Amelio was arrested Saturday night on charges of trafficking oxycontins.  Yesterday he was arraigned in the East Boston District Court and held on five hundred thousand dollars cash bail.  His cousin and co-defendant Anthony Cristallo was arrested and charged with these drug crimes as well.  According to reports a local Federal Express office opened a package sent from Florida believed to contain drugs.  Once the drugs were located Massachusetts State Police were notified.  An undercover trooper posing as a Federal Express employee then delivered the package to its intended location where it was signed for by an individual named Smoot.  Smoot called D'Amelio who arrived and checked the pills.  He in turn called Cristallo who showed up with sixteen thousand dollars he paid to Smoot for the pills.  All three were arrested. 

Read Article:  Cop Charged With Trafficking Oxycontins

Press Release:  High Bail Set For 2 Caught Trafficking

Drug Trafficking in Massachusetts is the possession with the intent to distribute an illegal substance or the actual distribution of the drug at a threshold quantity.  All trafficking offenses in Massachusetts carry in minimum sentence.  The threshold for trafficking class A and class B substances is fourteen grams.  There are many defenses to the charge of trafficking in Massachusetts.  Affirmative defenses depend on the circumstances of the case.  Often times district attorney's offices in Massachusetts enter into plea bargains wherein case dispositions can be negotiated to something below the established mandatory sentence. 

Continue reading "MIT Police Officer Charged With Trafficking Oxycontins" »

Last Friday the Massachusetts Appeals Court reversed a conviction for indecent assault and battery on a child over the age of fourteen and assault with the intent to commit rape of a child.  The reason:  prosecutorial misconduct based on an improper closing argument. 

At the time of the crime the victim was fifteen years old.  She testified that she and the defendant became acquainted at her school bus stop.  The defendant would drive up to the bus stop and talk to her ultimately convincing her to skip school and go the mall with him.  She ultimately agreed and got into his car believing that the two were headed to the mall.  The defendant stopped at an apartment purporting to change his clothes.  He went into the bathroom and when he returned he pulled down his pants and tried to make her perform oral sex on him.  He then held her down, grabbing her breasts and pulling her underwear down.  The victim resisted and advised the defendant that she was having her period.  The defendant stopped his attack and drove the victim back to school.  The defense suggested that the victim lied about the assault and that she and the defendant consensually went to the apartment to kiss.  In her summation the prosecutor vouched for the victim's credibility asking the jury why she would come into court four years later to tell this story to a group of strangers (the jury).  The defense lawyer objected.  The trial judge overruled the objection and the jury convicted the defendant.

Reversing the verdict the Appeals Court held that "[a] prosecutor may not . . . suggest to the jury that a victim's testimony is entitled to greater credibility merely by virtue of her willingness to come into court and testify."  This tactic is an improper effort to bolster the credibility of a witness.  The Appeals Court also held that since the victim's credibility was the key factor in the case the error was not harmless. 

Commonwealth v. Ramos, Slip Opinion March 13, 2008. 

Continue reading "Massachusetts Appeals Court Reverses Sex Crimes Conviction" »

On Thursday police in Cape Cod, Massachusetts executed a search warrant at an apartment in Brewster.  This came on the heals of a lengthy investigation involving police from Brewster, Orleans and a Cape Cod Drug Task Force.  The result was the arrest of the residents of the apartment and a Chatham man.  During the raid officers seized approximately five hundred dollars worth of cocaine and four thousand dollars cash.  The two residents of the home were charged with possession of heroin with intent to distribute, possession of  heroin with intent to distribute in a school zone, and conspiracy to violate drug laws. The Chatham man was charged with possession of heroin and possession of cocaine.  The cases are pending in the Orleans District Court. 

Read Article:  Raid On Cape Cod Apartment Results In Drug Charges

Unless the case is indicted to the Superior Court the most serious charge any defendant is facing is the school zone violation.  The Massachusetts school zone statute is Massachusetts General Laws Chapter 94C Section 32 J.  The law states that anyone who is convicted of either trafficking or possession with the intent to distribute or the actual distribution of controlled substances while within one thousand feet of a school zone must serve a minimum mandatory two year house of correction sentence.  There is no early parole associated with this sentence.  It is not a defense to these charges that the defendant did not know that he was in a school zone. 

Recently, there have been efforts in Massachusetts to rescind this statute.  Lawmakers have acknowledged that the statute as written exceeds its designed intent to punish those who sell on school property or to school aged children on school grounds.  The consequences of this law work disparately between people who live in the inner city and those who live in suburbs or more rural areas. 

Continue reading "Three Cape Cod Residents Charged With Heroin Crimes" »

Deivy Rosario is a 27 year old Lawrence, Massachusetts man living on East Haverhill Street.  He has been indicted in New Hampshire and charged with conspiracy to sell heroin and intimidation of a witness.  According to reports, Rosario contacted a police officer who was instrumental in an earlier arrest of Rosario's brother for heroin trafficking activities.  Rosario contacted the officer late last year indicating that he wanted a "face-to-face" meeting because his brother told him to "look her up".  The brother, Luis Peguro-Tejada was arrested and charged last year after police seized three hundred twenty seven grams of heroin and $14,000 from his apartment. 

Rear Article:  Massachusetts Heroin Dealer Charged In New Hampshire

Intimidation of a witness in Massachusetts is a criminal act pursuant to Massachusetts General Laws Chapter 268 Section 13B.  The law states that anyone who directly or indirectly, threatens or attempts to cause or causes injury to someone who may be a witness in a criminal proceeding is guilty of the crime of intimidation of a witness.  There is a possible ten year prison sentence for a conviction of this crime in Massachusetts making this a felony.  In Massachusetts and most states this crime is taken very seriously.  Prosecutors make a strong effort to protect witnesses, particularly police officers who are threatened in connection with their duties.  Typically, the more "real" the threat the more serious the punishment will be if the defendant is convicted. 

Continue reading "Lawrence, Massachusetts Heroin Dealer Charged With Conspiracy, Witness Intimidation" »

A pharmacist at a Framingham drug store noticed that two bottles of oxycontins, each containing one hundred pills was missing from the store.  He called the Framingham Police.  It turns out that Igor Minevich, a 23 year old pharmacy technician who had been working at the store for less than three weeks had taken the drugs.  He turned himself in to the police station and admitted to taking the pills.  Minevich also told the police that all of the pills were gone and that he had given them all to friends.  The defendant was charged with trafficking oxycontins and possession with the intent to distribute oxycontins.  The case is pending in the Framingham District Court.  Minevich was released on personal recognizance. 

Read Article:  Pharmacy Technician Who Stole Oxycontins Charged With Trafficking

Oxycontin is a class B substance substance in Massachusetts.  Trafficking class B substances is a felony pursuant to Massachusetts General Laws Chapter 94C Section 32E.  A conviction carries a minimum mandatory sentence that varies depending on the weight of the substance that was trafficked.  Trafficking in Massachusetts is simply the possession with the intent to distribute or actual distribution of a controlled substance that exceeds a threshold weight.  In this case the defendant admitted to distributing the substance.  If it is determined that he distributed a quantity that meets the trafficking minimum he will have a tough fight ahead of him.  If however the evidence shows that much of this substance was for personal use and the quantity distributed was minimal the defendant might have a legitimate defense to the trafficking charge.  The article suggests that Minevich was using this substance.  This is corroborated by the statement of the pharmacist who reported the theft of the oxycontins to the police. 

Continue reading "Framingham Pharmacy Worker Charged With Trafficking OxyContin" »

Last Friday Danvers Police Detective Stephen Baldassare rented 3 rooms at a motel on Route 1 North.  He then set up dates with women who were advertising "erotic services" on the internet.  The first woman arrived and agreed to provide sexual services for two hundred dollars.  She was arrested by police in an adjoining room.  The second woman arrived a couple of hours later and agreed to perform a sex act for one hundred eighty dollars.  She was also arrested.  One hour later the third woman arrived and agreed to similar services for one hundred fifty dollars.  This was the final arrest in this investigation that night.  All of the women were charged with sexual conduct for a fee in the Salem District Court. 

Acts of prostitution at the motels along Route 1 are increasing as the internet has become a way to sell and arrange for these services.  Crimes through the use of the internet are increasing and Massachusetts police departments such as Danvers and Peabody are "developing more cases through computer investigations". 

Read Article:  Today's Prostitutes Using The Internet To Attract Business

Engaging in sexual conduct for a fee is a criminal act in accordance with Massachusetts General Laws Chapter 272 Section 53A.  Anyone who solicits sex for money or offers sex for money is subject to a five hundred dollar fine and up to one year in jail.  If the article referenced in this post is accurate, all women have violated this law.  Many times cases like this can be resolved in a manner where the accused will not have a conviction, particularly if the person has no criminal record. 

Continue reading "3 Charged As Prostitution In Massachusetts Is Being Advanced Through The Internet" »

Last week an 30 year old Fitchburg, Massachusetts man was arrested on allegations that he kidnapped, beat, threatened and sexually assaulted three women in a carjacking incident.  He is now being held without bail at the Bridgewater State Hospital and being evaluated for mental health issues.  Shortly after 10:00 p.m. Wednesday one of the victims was driving her car when the defendant approached and told her to get in the back.  The man then began hitting one of her passengers while threatening to kill all of the occupants.  When the woman fought back the defendant hit her in the mouth cutting her lip.  The defendant intended to force the women to drive him to Boston.  However, 911 calls made by one of the women prompted the assistance of the state police and the man was ultimately apprehended.  The defendant was charged with kidnapping, assault with the intent to commit rape, carjacking, assault and battery, threatening to commit a crime, assault with a dangerous weapon and resisting arrest. 

Read Article:  Man Charged With Sexual Assault, Assault and Battery After Kidnapping and Carjacking Three Women

In the context of this case the carjacking is most likely the most serious charge carrying with it a possible 15 year state prison sentence.  There is also a five year minimum sentence that must be imposed if someone is convicted of carjacking while armed with a dangerous weapon.  The article states that the defendant in this case was wearing a chain around his neck containing a razor blade.  A razor blade can be considered a dangerous weapon thus possibly requiring the imposition of the mandatory five year sentence if this man is convicted of this crime. 

Continue reading "Massachusetts Man Charged With Carjacking, Kidnapping Held Without Bail" »

James Routenberg of Westford, Massachusetts has been charged with motor vehicle homicide stemming from an incident that occurred on February 26, 2009.  According to reports, Routenberg lost control of an SUV he was driving on Worcester Road when he struck a tree.  His passenger, a 36 year old man from Maynard was killed in the crash.  Police stated that the defendant's blood alcohol was a .20, two and one half times the legal limit.  In addition to motor vehicle homicide Routenberg is being charged with negligent operation.

Continue reading "Massachusetts Man Charged With Motor Vehicle Homicide While Driving Drunk" »

After a two month investigation law enforcement officials in Norfolk County Massachusetts seized 340 pounds of marijuana at homes in Quincy and Canton.  In all three men were arrested and charged with trafficking marijuana.  The men have been identified as Tuan Ngoc Pham of Quincy; Jeffrey Falcone of Boston; and Alexandros Kostopoulos of Abington.  In addition to the drugs authorities seized $355,000 in cash.  The street value of the drugs are estimated at more than $1,000,000.  Bail was set on all men at the arraignment.

Read Article:  Massachusetts Men Arrested In Drug Raid

Certain thoughts come to mind when reading this article.  It is highly likely that the searches of the homes were conducted pursuant to search warrants.  This typically implicates confidential informants or controlled buys or both.  The validity of the search warrant might be challenged.  If successful the fruits of the search, in this case the drugs get suppressed meaning that they cannot be introduced in court.  Often times this terminates the prosecution.  If the search is found to be lawful there are other defenses that might apply to one or more of the defendants.  These are predicated on what the investigation disclosed prior to the search, what happened at the time of the search and whether or not the defendants spoke to the authorities after they were arrested.

Continue reading "Three Massachusetts Men Arrested And Charged With Trafficking Marijuana" »

In February 2008 31 year old Elias Efremidis was arrested and charged with trafficking cocaine after police found 2 kilos of cocaine in his hotel room.  Also found in the room was $4,000, an electronic scale, a beeper and individual packages for the cocaine.  The defendant posted $25,000 bail and fled, defaulting on his pending case.  Recently, the Massachusetts man was found in Virginia where he was arrested on unrelated charges.  He is now 52 years old and he will be brought back to Massachusetts where he will have to defend against the 1988 cocaine charges as well as a charge of failing to appear after release on bail.  Efremidis is charged with trafficking over 200 grams of cocaine. 

Read Article:  Massachusetts Drug Trafficking Defendant Apprehended In Virginia

Drug trafficking is the most serious drug charge you can face in Massachusetts.  To prove someone guilty of cocaine trafficking the prosecution must show that the defendant possessed an illegal substance, in this case cocaine, that the person had the intent to distribute the cocaine and that the amount of cocaine exceeded a certain threshold.  In this case the defendant was charged with trafficking more than 200 grams of cocaine.  This is the most serious cocaine charge in Massachusetts.  There is a mandatory minimum 15 year state prison sentence that must be imposed on anyone who is convicted of this crime.  Sometimes in old cases such as this the drugs have inadvertently been lost or destroyed.  If that is the case the defendant might have a chance at defending against these charges. 

Continue reading "Boston, Massachusetts Man Arrested On 1988 Cocaine Trafficking Case" »

Dung Van Tran, 38 from Boston was convicted by a Suffolk County jury yesterday of arson, home invasion, assault with intent to murder and aggravated assault and battery by means of a dangerous weapon.  The prosecution alleged that as a result of an abusive relationship the defendant's wife left the marital home in October of 2006.  She rented an apartment for herself and the couple's infant daughter.  The day of the incident Tran entered the apartment bringing with him a gasoline can and a lighter.  While inside he doused the 14 month old girl, himself and a live-in babysitter with gasoline.  The defendant then set himself and the other on fire.  All were injured.  The young child was burned over thirty percent of her body requiring several surgical procedures.  After a five day trial Tran was convicted.  Sentencing is scheduled for March 11th. 

Read Article:  Jury Convicts Man Who Burned Baby, Caretaker, Self

All of the charges Tran was convicted of are serious felonies.  Perhaps the most serious in this case is the home invasion.  Home invasion in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 265 Section 18C.  This law states that anyone who enters someone else's home knowing that someone is present and does so while armed with a dangerous weapon, and uses force or threatens the use of force on someone in the home is guilty of home invasion.  A conviction of this crime carries a minimum twenty year sentence. 

Continue reading "Boston, Massachusetts Man Convicted Of Arson, Home Invasion" »

From December 2007 through May 2008 several banks were robbed in the towns of Natick, Newton, Watertown, Quincy, Belmont, Boston and Arlington.  Each time the robber wore a disguise and passed a note demanding 50's and 100's.  In that six month period the robber stole more than $48,000.00.  Law enforcement got a break in these cases when they received an anonymous note that Christopher Politis might be their man.  Following up on the tip the FBI placed a GPS device on Politis' car.  That led them to a bank robbery at the Village Bank in Newton.  Politis' accomplice during the last bank robbery was Donald Gillis who was also charged and convicted.  Both men pleaded guilty in federal court and face up to twenty years in federal prison.  In total, Politis pleaded guilty for his role in fourteen bank robberies. 

Read Article:  Two Plead Guilty To Bank Robbery In Boston Federal Court

Politis was most likely charged with violating 18 United States Code Section 2113(a).  This law states that anyone who forcibly or violently or by intimidation steals from a bank, credit union or any savings and loan faces up to 20 years in federal prison, or a fine or both.  Going into banks disguised and making demands for money satisfies the elements of this offense.  As with most cases in federal court the facts in this case were overwhelmingly favorable to the prosecution.  In cases such as this plea bargaining is the best way to minimize the defendants' sentence, particularly where the Federal Sentencing Guidelines assign credit to anyone who accepts responsibility for his actions. 

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