Massachusetts Criminal Defense Attorney Blog

A Home Invasion that took place in Westford, Massachusetts has resulted in the issuance of criminal charges against three Massachusetts men. According to reports the victims were supposedly drug dealers who were targeted due to their access to weapons and money associated with drug dealing activities. It is alleged that Daniel Cummins and Carlos Vega of Bedford tried to tie up one victim and duct tape another. Kamil Sylvain of Cambridge, Massachusetts has also been charged with this crime. Cummins brother Christopher was arrested in connection with this case on May 15th of this year. The charges now pending in the Ayer District Court are Home Invasion, Assault and Battery and Assault by Means of a Dangerous Weapon. All defendants are being held on bail pending a hearing on dangerousness.

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Massachusetts Men Charged With Home Invasion To Be Prosecuted In Woburn Superior Court

Quite often these cases are not as clear cut as the police reports seem to suggest. A typical scenario involving a dubious home invasion claim occurs when a drug deal goes bad. In that situation the "victim" calls the police and makes a report claiming that the defendants broke into his home, assaulted him, committed various acts of violence and made certain threats. Obviously the caller never reports that all parties were involved in drug transactions or other illicit activities. Nor does the caller admit that the assaultive conduct was a mutual undertaking and that he came out on the losing end of the battle. Experienced Criminal Defense Lawyers are quick to see what actually happened and use this to their advantage in defending their clients.

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Boston.com reported that two middle aged Massachusetts men are facing possible felony charges after a road rage incident that occurred shortly after six in the morning yesterday. According to the reports William Wilton was driving too slowly by Edward Murphy's standards. Wilton pulled over to let him pass by however Murphy stopped next to Wilton's car so that the two could exchange words. So what did Murphy then do? He waived a miniature baseball bat at Wilton in a threatening manner. Wilton then withdrew a firearm and brandished it towards Murphy. Murphy called the police and later gave a statement. Wilton was arrested and found in possession of a firearm that he is licensed to carry. The incident took place in Milton. Both men face charges of assault by means of a dangerous weapon. The case will be prosecuted in the Quincy District Court.

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Massachusetts Men Involved In Road Rage Incident Looking At Felony Charges

If this article is accurate and the men did not make incriminating statements this case is a defense attorney's dream. Both of the men have the right to exercise their Fifth Amendment privileges. That means that neither has to say anything in court. Should they choose to invoke this privilege the prosecution might not be able to prove its case. If charges issue against both of these men I would highly doubt that they would elect to testify against one another. It makes no sense. It is also a risky proposition in that truthful testimony would result in self-incrimination. Do not be surprised to see both of these cases get dismissed.

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Reports state that Ralphie Arroyo from Framingham, Massachusetts was arrested yesterday in the early morning after choking his wife until she could not breathe. The woman told the police that Arroyo punched her in the head as well. A witness claimed to have seen the woman throwing household items out of a window just before the incident occurred. A mark was observed police on the woman's head but there is no mention of anyone having seen something on her neck. The woman claimed to have been depressed and was looking out of a window just prior to the attack. The prosecution has charged Arroyo with domestic assault and battery in the Framingham District Court. Bail has been set at one thousand seven hundred dollars.
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Domestic Assault And Battery Charges For Framingham Man

The American Bar Association has recently published some interesting statistics about Domestic Violence. Approximately twenty five percent of all women nationally were either raped or physically assaulted by a spouse or someone with whom they had a dating relationship. About one third of all female murder victims were killed by an intimate partner. It is statistics like this that rightfully cause judges concern about cases like this that are being prosecuted.

In this case however reports suggest a story other than the one the woman told the police. Her statement to the police that she was just staring out of the window during a moment of depression conflicts with the observation of the witness who saw her throwing objects out of the window. While this in no way condones acts of violence towards anyone it certainly effects the credibility of the complaining witness. Inconsistencies such as this can be fatal to a prosecution. This fact will no doubt be exploited in some regard by Arroyo's defense lawyer.

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Last week after receiving complaints about "suspicious activity" Methuen, Massachusetts police began a surveillance in the area of Wheeler Street and Lowell Street. Officers observed a couple of cars arrive and "engage in some sort of transaction". Believing that they had just witnessed a drug deal the police moved in and arrested twenty two year old Gustavo Baez-Franco. On his possession and in his car the police found eighty eight grams of cocaine and thirty eight grams of heroin. The drugs that were found in the car were located in a hidden part of the console. Nearly four thousand dollars cash were also seized from Baez-Franco. No drugs were found in the other car. The case will initially be prosecuted in the Lawrence District Court and subsequently indicted to the Essex County Superior Court in Salem. The charges will be trafficking heroin and trafficking cocaine.

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Cocaine and Heroin Trafficking Charges Filed Against Massachusetts Man

The defense of this case will rely heavily on a motion to suppress the search of the defendant and the seizure of the drugs the police found as a result. Police are not permitted to act on a hunch that a drug deal was just consummated. They must have reasonable articulable facts that warrant the intrusion. Their actions must meet the Constitutional protections afforded the defendant. Searches like this one are often suppressed. The result of suppression is typically a dismissal of the case.

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Just a couple of days ago a Lynn, Massachusetts woman was arrested and charged with threatening to commit a crime, assault and battery by means of a dangerous weapon and trespassing. The victims are her former husband and his friend. According to reports Janice Bolen-Kavanaugh and co-defendant Zlatan Sarajlic encountered the ex-husband's friend. Sarajlic had a handgun. Bolen-Kavanaugh asked where he lived and he gave a fake address. He went home. Bolen-Kavanaugh then appeared tried to enter his home by pushing in a window screen. The victim went into the next room to warn Bolen-Kavanaugh's ex-husband Steven Kavanaugh. Bolen-Kavanaugh then swore at the victims and told them that Sarajlic was going to kill them. Sarajlic then manipulated the slide on the gun and held it in the air. When the defendants heard sirens they fled. Both were arrested. Sarajlic has also been charged with assault and battery by means of a dangerous weapon and trespassing. Bail for Bolen-Kavanaugh was set at three thousand dollars. Bail for Sarajlic was set at two thousand dollars. The report disclosed that Steven Kavanaugh was charged with violating a restraining order against his ex-wife.

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Massachusetts Woman Charged In Case Of Domestic Violence

Fortunately for the defendants in this case the police never found the firearm. Possession of a gun in Massachusetts carries a mandatory minimum eighteen months sentence to the house of correction. The defendants now have to defend against the assault and battery by means of a dangerous weapon case and the trespassing case. The assault and battery by means of a dangerous weapon carries a potential two and one half year jail sentence if the case is prosecuted in district court or up to ten years in state prison if the district attorney indicts the case. This case will likely remain in district court. The absence of a weapon makes this case difficult to prosecute. Where there are multiple victims rarely is there a consistent description of the weapon, or for that matter the circumstance surrounding the incident. Jurors like physical evidence. It makes them feel more comfortable about their decision to convict. The absence of the weapon and the allegation that one of the victims violated a restraining order against one of the defendants weakens the prosecutor's case.

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Just last week Lowell, Massachusetts police were dispatched to Chase Street after a report that a twenty eight year old man was struck by a car. When they arrived they found the man bleeding from his head. Witnesses told the police that the vehicle appeared to deliberately drive close to the man with the intent to "playfully swerve at him". These witnesses believed that the defendant knew the victim. Apparently the victim's shoes got caught in the car's tires and his head hit the pavement causing a noise that sounded like he cracked his skull. The driver of the car, Devone Debenedictis of Billerica, Massachusetts was arrested and charged with assault and battery by means of a dangerous weapon. Charges are now pending in the Lowell District Court.

Woman Hits Lowell Massachusetts Man With Her Car, Gets Charged With Crimes

The article reporting this incident is replete with facts that suggest that this was an accident rather than a crime. The witnesses' observation that the car was swerving "playfully" certainly does not support criminal activity. Similarly the fact that the victim fell as a result of his sandal getting caught in the car tire is indicative of an unfortunate accident. One of the elements of assault and battery by means of a dangerous weapon in Massachusetts is the intent to touch the victim. All accounts in this case reveal a lack of intent to touch or injury the victim. Such conduct is not criminal in the context of the crime charged. The outcome of this case should be interesting.

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Shortly after 12:00 a.m. last Wednesday morning Gabriel Diaz was arrested by the Haverhill, Massachusetts Police Drug Unit. An informant told them that a van would be driving in the High Street area and that it would contain drugs. Using this information the police made the stop of the vehicle. They determined that Diaz did not have a driver's license. This being an arrestable offense they detained Diaz and searched his car. While doing so they found a cocaine diluting agent, inositol and a scale. Believing that more drugs were present they called in a K-9 unit. The dog sniffed out a hiding compartment in the seat. Inside the police located a loaded nine millimeter handgun, sixty four grams of rock cocaine, nineteen grams of heroin and some cash. Diaz has been charged with trafficking cocaine, trafficking heroin, possession of a firearm, possession of ammunition and more. Charges are now pending in the Haverhill District Court. The case will ultimately be prosecuted in the Essex County Superior Court in Newburyport, Salem or Lawrence.

Drug and Gun Charges Filed Against Lawrence Man Arrested in Haverhill

Here are some things to think about with this case. Anytime police use informants as a basis for stopping a vehicle you can be sure that the defense attorney will move to suppress the stop and search. The police must establish that the information is reliable and the information he supplies must be sufficiently corroborated. Challenging the credibility of his information is a great way to get the search suppressed, the drugs thrown out and the case dismissed. You might also want to think about Diaz's relationship to the vehicle. Was it his? If not, what evidence is there that he had knowledge about the "secret" compartment in the vehicle. Another question that comes to mind is where was the scale and inositol found? Was it located in plain view such that Diaz must have known it was there or was it secreted in another part of the car.

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On July 8, 2009 Cambridge, Massachusetts Police arrested Manuel Pimentel. He was charged with trafficking cocaine and a school zone violation. According to reports Pimentel was caught in a surveillance effort that originated after complaints for drug activity were reported in a specific part of Cambridge. Here is what happened. Shortly after 6:00 p.m. Pimentel drove into the surveillance area in a minivan. He was seen making a phone call. He then started looking around for someone. A plain clothed detective approached him and identified himself. Pimentel reached towards the center console. Officers then forcibly removed the defendant from the minivan. In the process they located cocaine on the passenger seat in a container. Assorted drug paraphernalia was seized as well.

Cambridge Massachusetts Police Bust Man For Trafficking Cocaine, School Zone Violation

So how is the defendant going to fights this case? A motion to suppress the search would be a nice start. The Fourth and Fourteenth Amendments to the United States Constitution and Article 14 of the Massachusetts Declaration of Rights prohibit police officers from subjecting individuals to warrantless and unreasonable searches and seizures without probable cause. There are exceptions to the warrant requirement however case law suggest that that does not apply here. In a recent case with facts similar to this one suppression of the evidence resulted. That case, Commonwealth v. Klement, 2007 WL 1079993, 1 (2007) reported that the stop was based on a hunch where a man flagged down a minivan. The minivan slowed and pulled up to him and the man went to the minivan's passenger side window, leaned in and appeared to speak to the occupants. The police stopped and searched based on a hunch. The United States Supreme Court and the Massachusetts Supreme Judicial Court have both held "hunches" do not provide a legal basis for searches and seizures. Klement held that the officer was acting on a hunch.

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Just last week the Quincy Patriot Ledger reported that if Brian Cherry survived the beating he took from Michael McGunigle he paralysis or blindness could result. The article stemmed from an incident that occurred on July 6, 2009 in Abington, Massachusetts. It was alleged that McGunigle left his dog tied to a vehicle outside a local restaurant for about an hour. The dog acted aggressively towards passersby and Cherry commented to McGunigle that the dog should be crated. The comment purportedly set McGunigle off. Witnesses then observed the defendant strike Cherry who fell to the ground and struck his head. Initially McGunigle was arrested and charged in the Brockton District Court with aggravated assault and battery and released on three thousand dollars cash bail. Unfortunately Cherry did not survive the attack. He died at a local hospital this past weekend. Now, McGunigle has been charged with Manslaughter. He has been indicted and will have to defend against these charges in the Plymouth County Superior Court. Earlier today McGunigle surrendered himself to authorities.

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Massachusetts Man Faces Manslaughter Charges After Beating Results In Death

Articles about this case have suggested that the defendant has claimed that he acted in self-defense. Massachusetts law permits a person to act in self defense and use reasonable force to defend himself from a physical attack. Self-defense is a complete defense to manslaughter charges and if believed by a jury the accused will be acquitted. Once evidence of self-defense has been shown at trial the district attorney must prove beyond a reasonable doubt that the defendant did not act in self defense. This defense takes on a very different understanding when used in connection with a charge of manslaughter, voluntary or involuntary.

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Jeremy Fife has been charged with Possession of Child Pornography stemming from an incident that occurred at a swimming pool supply business, Fife's place of employment. This past weekend a store manager opened Fife's laptop and found the desktop filled with files suggestive of child pornography. Danvers, Massachusetts police were immediately called and they began to question Fife. Fife claimed that the files were accidentally downloaded by a file sharing program that was supposed to download music. Fife claimed to have deleted as many files as he could however authorities found at least one hundred photographs depicting child pornography. The judge sitting the Salem, Massachusetts District Court set bail at ten thousand dollars and ordered Fife to have no contact with children, not go near any schools, and not possess or use a computer.

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Child Pornography Charges Issue Against Massachusetts Man

Possession of Child Pornographic Material is a crime in Massachusetts in accordance with Massachusetts General Laws Chapter 272 Section 29C. This crime is a felony in Massachusetts and a conviction of this offense can subject you to up to five years in state prison. A typical defense to this crime is an individual's lack of intent. It is often argued that the material was sent to the defendant gratuitously. I often recommend to my clients charged with this type of offense to engage a computer expert who can examine the computer's hard drive and determine whether the defendant actively procured the material or was himself the victim of someone else's criminal activity. While these experts can be expensive I highly recommend them in cases such as this one.

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Jonathan Chadwick, John Curley and William Chadwick have all been indicted by an Essex County Massachusetts grand jury on charges of assault and battery by means of a dangerous weapon. The charges stem from the beating of Justin Goodwin, a gay man who was enjoying an evening at a bar in Gloucester on April 10, 2009. Goodwin was at the Old Timer's Tavern with his sister. Apparently he tried to defend her at which time the bar's bouncers escorted him outside. There, he was beaten unconscious by the defendants. Goodwin sustained twelve broken bones in his face. Several plates now hold his face together. The case will be prosecuted in the Essex County Superior Court in Salem, Massachusetts.

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Essex County Massachusetts Men Indicted For Beating Man At Gloucester Bar Facing Up To 15 Years In Prison

Assault and battery by means of a dangerous weapon is a felony in Massachusetts. The crime is codified in Massachusetts General Laws Chapter 265 Section 15A. While the crime itself carries a maximum ten year state prison sentence there is an aggravated form of the crime that permits a judge to sentence someone convicted to up to fifteen years. Subsection (b) of the statute permits a more severe penalty when the crime results in serious bodily injury. The phrase "serious bodily injury" means bodily injury which results in a permanent disfigurement or a substantial risk of death.

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Dimitrios Paicopoulos is twenty seven years old. He is from Newton, Massachusetts. Just last week Mr. Paicopoulos found himself in some trouble. A narcotics task force arrested him at his home. They conducted a search of his home, presumably pursuant to a search warrant. They found over ten thousand dollars cash, some narcotics packaging materials and over seven hundred eighty milligram Oxycontin pills. According to reports this investigation started after numerous neighbors complained about what they believed to be drug activity in their neighborhood. Bail for Mr. Paicopoulos has been set at one hundred thousand dollars in the Newton District Court. The defendant now faces drug trafficking charges.

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Oxycontin Bust Results In Seizure Of over 700 Pills, Trafficking Charges For Massachusetts Man

So what actually happened here? Well, if neighbors truly complained about the suspected drug activity in their neighborhood the law enforcement investigation that commenced likely did so with a surveillance of the home. Police officers might have observed unusual traffic into the property such as a vast array of frequent visitors entering and leaving the premises after very short visits. The police probably stopped one of the visitors and located drugs on that person. That person then told the police that he or she had just purchased certain drugs from the defendant. The police would then learn how the defendant would be contacted for such drug activity. They would next enlist an undercover officer, one of the purchasers who they had just stopped or a confidential informant to get a better perspective on the quantity of drugs that Paicopoulos could supply. Once controlled buys proved successful a warrant was obtained for the arrest of the defendant and a search of his home.

There are many possible defenses to this crime such as attacking the legality of the search warrant or putting the district attorney to the constitutional task of proving that the drugs seized belonged to the defendant and not someone else who resided in the home. Cases like this are often won with challenges to the constitutionality of the search through motions to suppress. A motion to dismiss based on an Insufficiency of the evidence can be a method of attacking as well.

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Pembroke, Massachusetts police responded to a call for a woman who claimed to have been beaten and strangled by her boyfriend, Dennis Roberts. According to reports the two were at home arguing when the defendant pushed the woman to the floor. He then tried to strangle her, threatened to kill her if she called the police and then took her cell phone. The girlfriend succeeded in calling the police who arrested Roberts. The woman was taken to a hospital in Brockton for treatment. Dennis was arraigned in the Hingham District Court. Bail was set in the amount of five thousand dollars.

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Pembroke Massachusetts Man Charged With Attempted Murder

Most likely this case will be prosecuted in the Hingham District Court rather than the Plymouth County Superior Court. While incidents of Domestic Violence are often prosecuted in the Superior Court the magnitude of the assault usually dictates where the district attorney's office will handle the case. While this case is serious the facts pale in comparison to many instances of domestic violence. Take for example the case of Richard T. Lowry, a forty eight year old Peabody, Massachusetts man who was charged with multiple counts of domestic assault and battery, assault and battery by means of a dangerous weapon, assault with a knife, intimidation of a witness, kidnapping and attempted murder. Lowry was held without bail after it was alleged that he beat his wife while holding their infant child, kicked her with his military boots and put a knife to her throat.

The strength of Domestic Assault and Battery Cases often depends on the willingness of the victim to assist the district attorney with the prosecution. A large percentage of these cases are dismissed due to the victim's refusal to testify against his or her spouse or significant other. If there are no independent witness to the crime then prosecuting can be very difficult if not impossible.

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Last year, on June 28, 2008 Boston, Massachusetts resident Michael Wilder was at a party in Ashland, Massachusetts. The alleged victim was there at the same time. Apparently she was not feeling well and went outside. It is at that time that the woman claims that Wilder assaulted her. The victim reported the incident that day and Wilder was arrested by members of the Ashland Police Department and charged with Rape and Assault and Battery. Charges initially issued in the Framingham District Court and bail was set in the amount of ten thousand dollars. Now that Wilder has been indicted the case will be prosecuted in the Middlesex Superior Court in Woburn. According to reports Wilder has an open drug case in Waltham as well.

Boston Man To Face Rape Charges Stemming From Incident At A Party One Year Ago

In looking at this case here are some things that a Massachusetts Rape Defense Lawyer might be looking at. What information can other people who were at the party provide? Did the victim come back into the party after the alleged and if so what was her demeanor? Is there any physical evidence, i.e. DNA, pubic hair or saliva corroborating the victim's complaints? How long after the act was the complaint made? Why did it take over one year to indict the case? During the discovery process and in the course of trial preparation these questions will likely be answered.

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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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