Massachusetts Criminal Defense Attorney Blog

Both Katy Kartalias and Rachel Lord claimed the title of being Gary Lee Farnham's girlfriend. Kartalias found out about Lord when the latter called to inform her that she was seeing Farnham. So what does Karalias do? She confronts Farnham who supposedly responds by assaulting her. So yesterday Farnham ends up in the Salem District Court for arraignment on his new case. Kartalias decides to go along as well. And guess who else is there? Yes, you are right, Rachel Lord. When Kartalias figures out who she is she sits down next to her. The judge eventually decides to hold Farnham in custody. When that decision is announced Lord made a comment. Perhaps taking exception Kartalias sucker punches Lord in a packed courtroom. The festivities continue as Lord pulls a clump of Kartalias' hair out. Both women are placed into custody. Eventually, only Kartalias is charged. The counts are assault and battery and disrupting a court proceeding. Kartalias is already on probation and is now facing a probation violation hearing.

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Massachusetts Courtroom Fight Lands Woman In Jail

Disruption of court proceedings is a crime pursuant to Massachusetts General Laws Chapter 268 Section 13C. The law states that anyone who "causes or actively participates in the willful disruption of proceedings" and is convicted of that crime may be imprisoned by up to a year in jail. The crime is a misdemeanor. The assault and battery charge is also a misdemeanor that is punishable by up to two and one half years in the house of correction.

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Earlier this week people reported hearing gunshots being fired in a downtown Framingham, Massachusetts neighborhood. Responding officers found Carlos Montes and another man running away from the crime scene. The police followed Montes into a garage and saw him drop an object in a trash barrel. Montes was apprehended fleeing the garage. Police located a semi-automatic pistol with a large capacity magazine. Montes has been charged with illegal possession of a large capacity firearm, discharging a firearm within 500 feet of a dwelling, disturbing the peace, resisting arrest and unlawful possession of ammunition. He was already facing unrelated gun and drug charges. All cases are pending in the Framingham District Court.

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Framingham Massachusetts Man Facing Gun Charges

This article is unclear as to what type of firearm Montes is accused of possessing this time. If it is simply a firearm there is a maximum five year state prison sentence with a minimum mandatory eighteen month house of correction sentence. There is no parole eligibility until at least eighteen months of any sentence has been served. It is suggested however that this case is more severe. If the weapon seized is a machine gun Montes faces a sentence of up to life in prison. While it is unlikely that he would be sentenced that high on a case like this it would not surprise me to see this case prosecuted in the Superior Court. This is due not only to the nature of this firearm but also the fact that Montes had a pending gun case at the time.

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Melvin Cumba was at a Shaw's Supermarket last Thursday accompanied by Shannon Widener. At approximately 5:30 that evening a Shaw's employee saw Cumba shooting heroin in the woman's bathroom. Apparently Cumba had been given warnings by authorities to leave the store. He refused, argued with the police and was charged with possession of heroin, second offense, disorderly person and trespassing. Bail was set at one thousand dollars cash. Widener was arrested for an outstanding warrant out of Brockton.

Drug Charges For Man Using Heroin In Food Store

Possession of heroin in Massachusetts is a crime in accordance with Massachusetts General Laws Chapter 94C Section 34, The law states that anyone who is found in possession of heroin, a Class A substance, and is convicted of that crime can be punished by up to two years in the house of correction. For a second offense the punishment is up to five years in state prison. The latter version of the crime is a felony. This case will likely be prosecuted in the Stoughton District Court. Cumba's biggest challenge will be convincing a judge to give him a sentence that does not require him to serve jail time.

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Massachusetts State Police broke up a large marijuana delivery yesterday in Peabody, Massachusetts. It was reported that police had set up a surveillance at a store parking area in Route 1 in Danvers. The delivery truck arrived and law enforcement personnel observed men loading marijuana from the truck onto another vehicle. Both vehicles were followed until it was determined that probable cause to stop had been established. One vehicle contained over five hundred pounds of marijuana. The other had over two hundred thousand dollars cash. Three Massachusetts men, Brian Toto of Revere and Michael Schrimpf and Phillip Watson, both of Saugus were arrested. Two men from Indiana, Melvin Vanmeter and R.J. Norton were also arrested. All of the defendants are being charged with trafficking marijuana over one hundred pounds and conspiracy. Bail has been set at two hundred fifty thousand dollars in the Peabody District Court.

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Drug Bust In Peabody Massachusetts Produced 500 Pounds Of Marijuana, Cash

In Massachusetts Trafficking Marijuana carries varied minimum sentences that depend on the quantity of drugs involved. Marijuana trafficking starts at fifty pounds. If someone traffics between fifty and one hundred pounds there is a one year mandatory minimum jail sentence. If you are caught trafficking between one hundred and two thousand pounds of marijuana you face 3 to 15 years in state prison, at least three of which must be served. Both buyers and sellers have exposure for trafficking if the quantity involved exceeds the threshold established by law. Here, the defendants are looking at three years. The case will most likely be indicted to the Essex County Superior Court in Salem, Massachusetts.

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Christopher Hayes must have thought that he would be inconspicuous shooting up heroin near a convenience store on Lowell Street in Andover, Massachusetts. He was wrong. Police detectives in the area saw Hayes sitting in a 1993 Oldsmobile. They approached the car to see what he was doing. There, in plain view and at 1:00 in the afternoon officers saw Hayes injecting himself with heroin. When he realized who they were Hayes took off. Authorities claim that in the process he tried to run over three detectives. Hayes took off. He then threw the heroin and some drug paraphernalia out of the car. Officers recovered the evidence. Hayes was ultimately apprehended and charged with possession of heroin, possession of drug paraphernalia, assault and battery by means of a dangerous weapon and assault with the intent to murder. Charges are now pending in the Lawrence District Court. Bail has been set at two thousand five hundred dollars.

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Motor Vehicle Charges, Drug Charges For Massachusetts Man Who Assaulted Police Officers

All of these charges can be prosecuted in the District Court. If the cases are kept there the maximum sentence that can be imposed is two and one half years in the house of correction for the crimes of violence, two and one half years for the drug paraphernalia and two years for possession of heroin. These sentences can be imposed consecutively if a judge deems that to be appropriate. The length of the sentence depends on the defendant's criminal record and the severity of the crime. Factors such as age, level of education and drug dependency often serve as factors that mitigate the severity of the sentence that will be imposed.

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Last Thursday night Dawn Hogan challenged a teenage girl to a fight. This was because the teenage girl was not paying enough attention to Hogan's son who supposedly had a crush on the girl. So how did the thirty nine year old Framingham, Massachusetts woman get things started? She went to the girl's home, stood on the front stairs screaming and yelling, tried to get into the home and broke a window. She did all of this in front of the girl's mother. Now Hogan has to defend charges of malicious destruction to property with a value in excess of two hundred fifty dollars in the Framingham District Court.

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Massachusetts Woman Charged With Crime After Trying To Fight Teenage Girl Who Rejected Her Son

Malicious Destruction to Property in Massachusetts is a crime in accordance with Massachusetts General Laws Chapter 266 Section 127. The law states that anyone who destroys or injures the personal property of another either wilfully or maliciously is guilty of this crime. This crime is a felony and is punishable by up to ten years in state prison. There is also a fine of three thousand dollars or three times the value of the property, whichever is greater that can be made part of the penalty. This crime is usually prosecuted in the District Courts where the maximum sentence is two and one half years in the house of correction.

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Jose Dellosantos was arraigned in the Haverhill District Court on charges of trafficking cocaine, distribution of cocaine and conspiracy. He is being held on $100,000 bail. Dellosantos, a barbershop owner from Haverhill was arrested at the shop on a warrant. Ironically, or perhaps not, Dellosantos' brother Ramon was convicted yesterday in Federal Court in Maine for conspiracy to distribute marijuana and more than 5 kilograms of cocaine. Police also arrested another barbershop owner from Haverhill in connection with these cases. Jonathan Perez was charged with trafficking cocaine, distribution of cocaine, and conspiracy to violate drug laws. He is being held on $50,000 cash bail.

Massachusetts Man Arrested On Drug Charges, Brother Convicted Same Day

Trafficking Cocaine in Massachusetts is a felony. While the charges are extremely serious and prosecuted only in Superior Court the sentence that must be imposed depends entirely on the amount of the drug and whether or not the actions took place within one thousand feet of a school zone. This article makes no mention of quantity nor is it suggested that the events took place in a school zone. Also missing from this report is reference to any drugs obtained or seized by the police. Similarly, the account is silent on the presence of drug trafficking paraphernalia.

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Charline Rosemond was found dead on April 13, 2009 in Somerville, Massachusetts. She ahd gone missing five days earlier. The cause of death was a gunshot wound to her head. Police and the Middlesex County District Attorney were investigating her death. The prosecution believes that Dokens Joseph has information of value to their investigation. According to reports "Joseph is a significant witness in the case and it is alleged that he knowingly provided false material information to a Grand Jury during this investigation." Because authorities believed that he provided false information under oath Joseph has been charged with two counts of perjury. He was arraigned in the Middlesex County Superior Court in Woburn. Bail was set at $100,000 cash.

Massachusetts Man Charged With Perjury In Connection With Murder Case

Massachusetts Perjury Laws are set out in G.L. c. 268 Section 1. The law states that anyone who lies in a judicial proceeding "to the issue or point in question" or "wilfully swears or affirms falsely" in a matter requiring an oath is guilty of perjury. If the crime is a capital crime there is a potential life sentence that can be imposed. The fact that perjury was charged in this case shows the seriousness with which prosecutors in Massachusetts take a person's obligation to testify truthfully. Any attempts to subvert an investigation through perjury will likely be charged as a criminal offense.

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Emmanuel Mieles of Lawrence, Massachusetts has been charged with carrying a firearm, possession of a firearm, resisting arrest, underage possession of alcohol and discharging a firearm within one hundred feet of a highway. The twenty year old Massachusetts resident was sought by police who were dispatched to a pizza restaurant. When officers arrived Mieles pulled out a handgun, fled the scene and was observed throwing the weapon over a fence. When Mieles was apprehended police detected an odor of alcohol on his breath. They also found a .22 caliber handgun with an expended casing remaining in the weapon.

Lawrence Massachusetts Man Facing Gun Charges

Of all the criminal charges Mieles is facing the most serious is the charge of carrying a firearm. Massachusetts General Laws Chapter 269 Section 10(a) is the governing statute in this case. A conviction of that statute requires a minimum mandatory eighteen month house of correction sentence. The charge of discharging a firearm within one hundred fifty feet of a highway carries a maximum thirty day sentence with no minimum. That charge will be difficult to prove if the prosecutor does not have any witnesses who can testify when and where the weapon was fired and that the defendant was the person who fired the weapon.

Massachusetts prosecutors all take gun cases very seriously and endeavor to obtain convictions that require anyone convicted to serve the minimum mandatory sentence.

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Today Rylan Coulstring was arraigned in the Hingham District Court. The charges brought by the prosecutor are breaking and entering, disturbing the peace and trespassing. At 12:30 a.m. yesterday a man checking on his boat in a local shipyard heard a noise coming from another boat. The man then saw the defendant with a ladder climbing to get into the boat. He called the police. The police arrived and Coulstring initially refused to leave. He ultimately surrendered.

Weymouth, Massachusetts Man Charged With B & E

The crime of Breaking and Entering in Massachusetts is a felony if committed in the nighttime. Massachusetts General Laws Chapter 266 Section 16 states that anyone who breaks into a building, vessel, ship or vehicle with the intent to commit a felony shall be punished. The crime itself is a felony and there is a maximum twenty year sentence that can be imposed if convicted of this crime in the superior court. This crime can also be prosecuted in the district court where the maximum sentence that can be imposed is 2 1/2 years in the house of correction. In cases such as this the primary question that arises is what was the defendant's intent. Was he looking to commit a felony or did he intent to do something else? This factual distinction serves as the primary basis for defending these cases. It poses great difficulty for prosecutors. For this reason cases such as this are often resolved by way of plea bargain.

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Robert Demaio is twenty nine years old and homeless. He admittedly has problems with alcohol and anger management. Last Friday Demaio beat up another man in a Beverly, Massachusetts park causing him to suffer sever brain damage. The victim is a fifty one year old Lynn, Massachusetts man who authorities say is likely to die from the injuries he suffered in the beating. Demaio has been charged with assault and battery causing serious bodily injury. The criminal case is currently pending in the Salem District Court. Bail has been set in the amount of $100,000. When the police encountered Demaio they observed his hand to be swollen, consistent with having punched someone.

Assault And Battery Charges Filed Against Homeless Man Who Beat 51 Year Old

Massachusetts General Laws Chapter 265 Section 13A makes assault and battery a crime in Massachusetts. The law states that anyone who commits this crime and causes serious bodily injury while doing so is guilty of aggravated assault and battery. A conviction of this offense can result in up to five years in state prison. However, if the victim dies from the injuries Demaio is likely to face more serious charges such as manslaughter or even murder. If the injuries to the victim are as serious as reported I would not be surprised to see this case indicted to the Superior Court in Essex County. Given that Demaio has a history of violence a superior court prosecution is a likely scenario.

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On January 26, 2009 Victor Oliveira's home in Saugus, Massachusetts was raided. The police found 139 OxyContin pills, each 80 milligrams some other drugs and over eight thousand dollars cash. According to reports Oliveira told police that he was selling the OxyContin pills. After initially bringing this case in the Lynn District Court the case was indicted by the Essex County District Attorney's Office. All charges against Oliveira are pending in the Essex County Superior Court in Salem, Massachusetts. Oliveira has been charged with trafficking over twenty eight grams of a Class A substance.

Essex County District Attorney Indicts Massachusetts Men For Drug Trafficking

From the looks of things it seems like the strength of any defense lies in the defendant's ability to attack the constitutionality of the search warrant. In order to obtain a search warrant the police must establish probable cause for a magistrate or judge to conclude that a particular object or place is being used to conduct criminal activity. The person who requests the search warrant must provide an affidavit that establishes facts that support the need for a search warrant. The affidavit must pass federal and state constitutional scrutiny. Typically the Massachusetts courts make the search warrant requirements more difficult to sustain than do the federal courts. Oliveira will likely file a motion to suppress. If successful there is always a good chance that his case will be dismissed.

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At about 10:30 p.m. police officers in Massachusetts saw what they believed was someone drinking beer in a car in Brockton. The car was pulled over and the driver then took off, speeding all the way to Quincy. The suspect's car hit a tree near a garage and the driver and one of three passengers were arrested. The driver, Joseph Cooper was charged with operating to endanger, assault with a dangerous weapon and attempted murder. It is alleged that he tried to ram a police cruiser head on. The driver was also operating with a suspended license. One of the passengers was charged with resisting arrest. The other two escaped on foot.

Boston Massachusetts Men Charged With Crimes After Chase

Here is an interesting question. What if anything are the two men who escaped criminally responsibly for? Unless one or both of them were drinking the beer the answer is probably nothing. There is no legal way to charge them with any criminal activity given the facts of this article. While the prosecution typically charges people who accompany the principles as joint venturers there is nothing here suggestive of criminal behavior on their parts. So why did they run? Well, perhaps they had outstanding warrants. Maybe they did not want to get charged with "resisting arrest" as did the passenger. Here is another point. Why was the passenger being arrested? It is difficult to hold any passenger accountable for the conduct of a driver absent some evidence that he or she shared the same criminal intent, desired the same result and stood ready, willing and able to assist in the crime.

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