Massachusetts Criminal Defense Attorney Blog

This past weekend Lynn, Massachusetts police contacted Saugus police after receiving a call that two individuals were shooting weapons from a black pick-up truck. The vehicle was located by Saugus police who arrested Noah James Bradley of Lynn and Andrew Sinoni of Salem. Both men were charged with discharging a firearm within five hundred feet of a building. Sinoni was charged with the additional crime of illegal Possession of a Firearm. The case is pending in the Lynn District Court where it will likely remain for the duration of the prosecution. The firearms possession charge carries a minimum mandatory eighteen month jail or house of correction sentence pursuant to Massachusetts General Laws Chapter 269 Section 10(a). The charge of discharging a firearm within 500 feet of a building carries a fine of between fifty and one hundred dollars and a maximum three month jail sentence. The latter crime is a misdemeanor and there is no minimum mandatory sentence associated with that offense.

Read Article:

Firearms Possession And Related Charges For Lynn, Massachusetts And Salem, Massachusetts Men

The news is pretty good for Bradley. If he kept his mouth shut and their are no witnesses who can identify him as one of the shooters in the car he just might escape a conviction in this case. Of course this also assumes that he was not checked for gunshot residue and if he was that the test is negative. Sinoni on the other hand might have a problem. I am assuming that when the Saugus police stopped the vehicle he had possession of the weapon and that his why he alone is being charged with Possession of a Firearm. Checking the 911 and dispatch might also unearth some information that results in the filing of a Motion to Suppress the stop. If successful the charges against both could be dismissed.

Continue reading "Two Massachusetts Men Charged With Discharging A Firearm And Possession Of A Firearm After Shooting From Their Truck" »

Sean Dodd of Taunton, Massachusetts has been arrested and charged with Rape of a Child By Force. The victim is the daughter of his girlfriend with whom he lived. The prosecution alleges that the thirty one year old Dodd sexually abused and raped the girl over a three year period, beginning when she was twelve years old. When the victim was fifteen her boyfriend convinced her that what Dodd was doing was wrong. She then confronted him in an effort to end the abuse. She claimed that while doing so she was struck by Dodd. The police investigated the assault but were never informed about the sexual abuse. One of the victim's friends' apparenty told her the victim's mother about the Rapes at which point Dodd was kicked out of the house. The victim's mother has recently taken out a Restraining Order against Dodd. The case in now pending in the Taunton District Court but will probably be prosecuted for Rape in the Bristol County Superior Court in New Bedford.

Read Article:

Taunton, Massachusetts Man Charged With Raping Girl Over Three Year Period

These cases are difficult to defend even under the best circumstances. A likely scenario is that there is no physical evidence linking Dodd to the crimes and that there are no eyewitnesses. The case will rest solely on the complaining witnesses' testimony. How then can Dodd effectively rebut these accusations? It is tough because jurors often ask: "Why would the girl lie about something as heinous as this?" Perhaps Dodd will be able to show that the girl had a reason for lying. Maybe she sought attention from her mother or her boyfriend. Maybe she hated Dodd for reasons that do not implicate criminal conduct on his part. You can explore many of the reasons for false sexual abuse allegations by reading the Nichols Consulting Blog or Website. For Dodd the battle is just beginning.

Continue reading "Massachusetts Man Charged With Rape Of A Child After Abusing Girlfriend's Daughter For Three Years" »

Cambridge, Massachusetts police arrested Ricky White of Dorchester for dealing cocaine in Central Square last week. According to reports, just after midnight a Cambridge Police Sergeant was on patrol when he noticed White behind the wheel of his idling car. White, who was on his cell phone drove around the block, parked and entered a local housing project. White returned to his car and was followed by the officer. The officer then reported that White failed to use a turn signal and a stop was effectuated. Upon contacting the defendant the officer smelled marijuana and saw a bag of marijuana inside a larger bag in plain view in the car. A search of White and the car followed. Seized in the course of the investigation were Suboxone pills, Vicodin pills, five bags of cocaine totaling twenty five grams, over two thousand dollars cash and some marijuana. White his being charged with trafficking cocaine over fourteen grams, possession with the intent to distribute marijuana, possession with the intent to distribute a Class B substance and more. The case is now pending in the Cambridge District Court however once an indictment issues the case will be prosecuted in the Middlesex County Superior Court in Woburn.

Read Article:

Dorchester, Massachusetts Man Caught With Marijuana And Cocaine Faces Trafficking Charges In Middlesex County

The defense of this case will center on the legality of the officer's stop of the vehicle, search of its contents and White and the subsequent seizure of the drugs. Defense attorneys will file a motion to suppress. It will be up to a judge to determine whether or not the officer had probable cause to stop the car and conduct the following search. The credibility of the officer becomes critical at this point. Here is what I see as potential flaws in the prosecution of this case. Obviously the officer had his suspicions of White. He saw him on his cell phone with his car idling. White then drove around and went into the projects for a short visit. To the officer this was suspicious activity. So what did he do? He followed White and looked for him to "slip up". He then claims that White failed to use a turn signal so he stopped him. Is this true? I mean after all according to the officer White properly operated his car prior to entering the projects without incident. Why then suddenly abandon such caution after supposedly making a drug deal? Then, after the stop the officer detects the smell of marijuana. Come on now. The bag was sealed and inside another bag. White was not charged with operating under the influence of marijuana nor did the officer say that he smelled the odor of burnt marijuana. A good idea in this case for the motion to suppress might be to place the bag of marijuana near the judge at the same distance as it was from the officer when he stopped White. Then see if the judge smells the marijuana during the hearing. I doubt he or she will.

Continue reading "Boston Massachusetts Man Arrested For Trafficking Cocaine In Cambridge" »

Fidel Sena was arrested yesterday after being identified as the perpetrator of an assault and battery with a baseball bat on an unnamed fifty three year old Salem, Massachusetts man. Salem Police were called around 9:30 p.m. to a location where there was a fight with bats. They arrived to find the victim on the ground. A witness identified the car that Sena was driving and provided the police with its license plate number. Sena was stopped and arrested. The case will be prosecuted in the Salem District Court for now. The victim's medical condition was not released however it was reported that he was not bleeding from the head at the scene. Felony charges of Assault and Battery By Means of a Dangerous Weapon have likely issued.

Read Article:

Massachusetts Man Charged With Assault And Battery By Means Of A Dangerous Weapon After Hitting Fifty Three Year Old With A Baseball Bat

There are a couple of issues that immediately come to mind when reading this article. One is: Who saw what? Police responded to a fight with bats. Does that mean that the victim had a bat as well? Does that mean that he too was a combatant? If so, self-defense can be considered as a defense to these charges. If there were no witnesses to the actual incident and if in fact the "victim" and Sena were engaged in a fight, Sena can file an application for a complaint against the victim. Additionally, if the victim were the initial aggressor he might not be inclined to testify against the defendant. I would also imagine that the status of the victim's medical condition will determine at least in part how the prosecution develops.

Continue reading "Peabody Massachusetts Man Charged With Violent Criminal Assault And Battery" »

After a Clerk's Hearing in the Newburyport District Court Alan T. Pearsall, of West Newbury, Massachusetts was charged with Motor Vehicle Homicide. On June 25, 2009 Pearsall was involved in an accident with a motorcycle that ended in the death of Haverhill, Massachusetts couple Earl and Maryella Morris. It was reported that Pearsall crossed over the center of the street to avoid a bicyclist. In doing so he entered lane in which the Morris' were traveling. A police accident reconstructionist formed the opinion that Pearsall was attempting to get back into his lane of travel and that the Morris' tried to avoid the collision by putting the motorcycle on its left side. Apparently Morris denied being at fault when interviewed by police at the scene. Morris was surprised when police accused him of being in the wrong lane of traffic at the time of the crash. He is being charged with Motor Vehicle Homicide in the Newburyport District Court.

Read Article:

Motor Vehicle Homicide Charges Issued Against Massachusetts Man Involved In Fatal Collision

The standard for issuing Criminal Complaints in Massachusetts is low and Pearsall should not be surpised that he must now defend against serious criminal charges. The standard that the prosecution must show is that there is probable cause to believe that a crime was committed and that the defendant was the person who committed the crime. Clerk Magistrates will often lean towards issuing the complaints particularly in cases like this one where death or serious bodily injury resulted. So now Pearsall has to defend against these charges. How is he going to do this? Without hesitation I would recommend engaging a private accident reconstructionist to determine how the crash occurred. The article seems to suggest that this accident was entirely Pearsall's fault. There is however no reference to the speed of the vehicles involved. Nor is there any explanation as to why the victims veered left as opposed to right, the seemingly more natural direction to take in an effort to avoid the crash. What if anything did any independent witnesses observe either during or just before the crash? What happened after the crash that might have resulted in Pearsall's car coming to rest in the position in which it was found? There are hundreds of questions like these that our accident reconstructionists explore when assisting our office in the preparation of defenses in cases such as this one.

Continue reading "Massachusetts Man To Face Criminal Charges For Motor Vehicle Homicide In Newburyport" »

Prosecutors in Essex County Massachusetts say that Kimberly Mastronardi, a Marblehead resident stole over one half million dollars in a five year period from her employer. It is alleged that she did so by submitting false payroll records in her capacity of bookkeeper of a small plumbing company. Mastronardi's employer got wind of this situation when earlier this year when vendors complained of not getting paid. Earlier this year police were alerted to the company's suspicions. In March Mastronardi was arrested and charged for the criminal activity in the Lynn District Court. Bail has been set at five thousand dollars. This is not Mastronardi's first brush with the law. In 1998 she was arrested on similar charges when an employer claimed that she stole approximately one hundred thousand dollars. She was also employed as a bookkeeper at that time. In 2002 the defendant was convicted of improper use of a credit card out of Salem.

Read Article:

Massachusetts Woman With History Of Theft Accused Of Larceny From Employer

Given the amount of money stolen from the employer I would be surprised if the prosecution of this case remains in the district court. Usually district attorneys indict cases like this one and prosecuted the defendants in the Superior Court. This permits the prosecution to ask for more jail time after a conviction. It also gives a judge discretion to sentence to a county house of correction or state prison. It appears like this case will be indicted as a "larceny by scheme", notwithstanding the fact that there were several larcenies associated with the defendant's conduct. To be convicted of that crime the prosecution must prove that successive takings were "actuated by a single, continuing criminal impulse or intent or are pursuant to the execution of a general larcenous scheme, such successive takings constitute a single larceny, regardless of the extent of the time which may have elapsed between each taking."

Continue reading "Marblehead Massachusetts Woman Charged With Stealing Over $500,000 From Employer" »

A twenty one year old woman was sitting on her porch late last week when Pamphra Mulondo of Framingham, Massachusetts rode his bike by home. He stopped, pulled down his fly and fondled himself for two minutes. The woman then walked to a local drug store and saw Mulondo again. She became nervous and asked store employees to contact the police. The defendant was arrested and charged with open and gross lewdness and disorderly person. The case is pending in the Framingham District Court.

Read Article:

Framingham Man Charged With Sex Crime After Fondling Himself In Front Of Woman

Open and gross lewdness in Massachusetts is a felony proscribed by Massachusetts General Laws Chapter 272 Section 16. A conviction of this offense carries a possible three year state prison sentence or a two year house of correction sentence if the district attorney chooses to prosecute the case in the district court. This crime requires the district attorney to prove that the defendant intentionally, indecently and offensively exposed himself in such a way as to produce alarm. To convict someone of this crime a jury must be convinced beyond a reasonable doubt that the defendant acted in such a way as to alarm or shock. Here, the actions of the defendant appear to satisfy the elements of this offense. If he does not have a criminal record a good lawyer should be able to get this matter continued without a finding.

Continue reading "Framingham Massachusetts Man Charged With Open And Gross Lewdness After Exposing Himself To Woman" »

The Norfolk County District Attorney's Office has charged Eric Lopez with Indecent Assault and Battery on a Child Under the Age of 14 and Unarmed Burglary. According to reports Lopez and the victim lived in the same apartment building. Lopez purportedly went into the victim's bedroom, took offer her underwear and committed an offensive touching. Apparently the girls' mother was not home during the incident but returned in time to see Lopez leaving the home. The case was reported to the police and Lopez is currently being prosecuted in the Quincy District Court. Bail has been set in the amount of twenty five thousand dollars.

Read Article:

Quincy, Massachusetts Man Charged With Sex Crime, Breaking And Entering

Indecent Assault and Battery on a Child Under the Age of Fourteen is a felony pursuant to Massachusetts General Laws Chapter 265 Section 13B. If the district attorney chooses to indict the case and prosecute it in the Superior Court a conviction can result in a ten year state prison sentence. If the case is kept in the District Court the maximum sentence is two and one half years in the House of Correction. If convicted of this crime Lopez will have to register with the Massachusetts Sex Offender Registry Board (SORB). There are certain dispostions short of trial that might permit Lopez to avoid a conviction and the requirement of registering as a sex offender. The absence of a criminal history, victim credibility issues and good lawyering are factors that will weigh heavily in regard to the outcome of this case.

Continue reading "Massachusetts Man Faces Indecent Assault And Battery Charges" »

John Monteiro of Randolph, Massachusetts has been charged with Carrying a Firearm, Second Offense, Assault With Intent to Commit Murder and related Violent Crimes. Authorities have alleged that Monteiro shot another man outside of an Ashland restaurant. The victim was treated at a local hospital. Monteiro is being held without bail pending a hearing on dangerousness in the Framingham District Court.

Read Article:

Massachusetts Man Held Without Bail After Shooting Incident In Ashland

The Second Offense Firearm case is going to be difficult for Monteiro to defend absent an affirmative defense such as self-defense. Massachusetts General Laws Chapter 269 Section 10(d) states that anyone with a prior firearm possession conviction must serve a minimum mandatory five year state prison sentence if convicted of a like offense. Even if Monteiro disposed of the weapon prior to getting arrested the district attorney can prove this case through circumstantial evidence such as the victim's bullet wound and the recovery of the expended projectile, shell casings and related firearms evidence. If however there are no independent witnesses and the victim decides not testify the prosecutor's job becomes much more difficult. The article states that this is probably not a random act. If the victim and Monteiro were involved in a dispute involving illicit activities it would not surprise me to see the victim refuse to cooperate with authorities.

Continue reading "Randolph Massachusetts Man Charged With Attempted Murder, Firearm Possession After Shooting In Ashland" »

After a six month long investigation members of several law enforcement agencies, both federal and state made several arrests in connection with alleged cocaine trafficking activities in New Bedford, Massachusetts and throughout Bristol County. The target of the investigation was Paul J. Pereira, 35, of 67 Lindsey St., New Bedford. Earlier in the year police officers received information that Pereira was dealing cocaine and pills. In July of this year the investigation led the authorities to wiretap warrants on Pereira's telephone and the phone of Michael Martin, a drug supplier. The monitored telephone conversations resulted in the issuance of arrest warrants and search warrants at various locations throughout Bristol County. Drug purchasers and dealers alike were arrested and charged as a result of this investigation. At Pereira's home police seized shotguns, handguns, and ammunition. Pereira was arrested carrying a large sum of cash and some crack cocaine. The investigation led to the seizure of over two hundred grams of cocaine, twenty four firearms, ammunition and drug paraphernalia. Once this case is billed by a grand jury Pereira will be prosecuted in the New Bedford Superior Court. The most serious charge will likely be Trafficking Over 200 Grams of Cocaine.

Read Article:

Six Month Investigation Leads To Arrest Of Southeastern Massachusetts Drug Dealer, Gun And Drug Charges Issue

The strength of the district attorney's case will lie primarily in the validity of the wiretap warrant and the search warrants that were issued. Wiretaps can issue in Massachusetts only after an application and with a showing by the applicant that there is probable cause to believe that a designated offense has been, is being, or is about to be committed and that evidence of the commission of such an offense may thus be obtained or that information which will aid in the apprehension of a person who the applicant has probable cause to believe has committed, is committing, or is about to commit a designated offense may thus be obtained; and with a showing that normal investigative procedures have been tried and have failed or reasonably appear unlikely to succeed if tried. If through a Motion to Suppress a judge determines that the warrant should not have issued then all of the information obtained from the telephone conversations will be stricken and cannot be used as evidence.

Continue reading "New Bedford Massachusetts Drug Dealer, Over A Dozen Others Arrested For Cocaine Trafficking And Conspiracy" »

Since February of this year police officers from Danvers and Salem along with Massachusetts State Police officers have been investigating leads that Rogers Arias has been dealing cocaine from his bright yellow Lexus. Yesterday after Arias allegedly sold cocaine to an undercover police officer he was arrested. According to reports the arrest of Arias is the first of several to come as a result of this ongoing investigation. Local police officers stated that they had received an anonymous call of suspicious activity involving a car fitting the description of Arias' Lexus. Following this lead officers set up their operation and effectuated their arrest. It is reported that the defendant conducts his operations in Salem, Peabody and local malls. He is being held without bail pending his arraignment on charges of conspiracy, school zone violation, cocaine possession and distribution of cocaine. The case is pending in the Salem District Court. Arias also has cases pending in the Salem and Peabody courts.

Read Article:

Danvers, Massachusetts Police Arrest Man On Drug Charges After Making Undercover Purchase

Although the article is unclear it appears that Arias is being held in anticipation of having his bail revoked pursuant to Massachusetts General Laws Chapter 276 Section 58. That law allows a court to revoke bail on a pending case for up to sixty days once a defendant gets arrested on another charge. The law requires the judge determine "that the release of said person will seriously endanger any person or the community and that the detention of the person is necessary to reasonably assure the safety of any person or the community". Judges do not have to revoke bail in these situations however often times they do particularly where the person is accused of committing the same offense for which he has already been released on bail.

Continue reading "Danvers Massachusetts Man Held Without Bail After Arrest For Cocaine Distribution And Possession" »

This past Monday night Malden, Massachusetts police stopped a car that had been reported stolen in Brockton. After removing a passenger from the car the driver struck two police officers with his vehicle and pinned another officer against a parked vehicle. Two suspects, James Calo of Malden and Mark Dwyer of Framingham were arrested. A third suspect, Alexander Nesom was shot and killed by police officers. Dwyer initially evaded apprehension but was caught less than twelve hours later. When the police were able to stop the vehicle they found four bags of heroin on Calo. Charges of receiving motor vehicle and possession with the intent to distribute heroin are pending in the Malden District Court.

Read Article:

Shooting Suspects Arrested And Arraigned In Malden District Court

One charge not mentioned in the article that I would think would issue is assault with the intent to murder. If the driver of the car deliberately drove into the three police officers he hit he can be charged with this crime. Assault with the intent to murder is a crime pursuant to Massachusetts General Laws Chapter 265 Section 18. This crime is a felony and is punishable by up to twenty years on state prison. This crime must be prosecuted in the Superior Court. To prove armed assault with the intent to murder the government must proved beyond a reasonable that the defendants 1) committed an assault; 2) having a specific intent to kill the victim; and 3) that they did so acting with malice, which is defined as an absence of justification or mitigation. In cases such as this one the driver defends these charges by presenting evidence that he never intended to strike the officers with the vehicle, rather that he was trying to make his escape. The passenger's defense will embrace his lack of knowledge as to the actions that driver ultimately took.

Continue reading "Seemingly Routine Motor Vehicle Stop In Malden Massachusetts Results In Officers Getting Injured, Shots Fired And Drug Charges Filed" »

Just the other day a joint drug task force executed a search warrant at 43 Union Street in Southbridge, Massachusetts. Present at the time were Santos Sanchez and Yasmin Torres. Sanchez had outstanding federal warrants in other jurisdictions. During the execution of the search warrant law enforcement personnel found twenty two grams of cocaine, fourteen rounds of ammunition, a nine millimeter firearm, over eight grams of marijuana, drug trafficking paraphernalia and prescription pills. Sanchez is being held on a half million dollar bail. Sanchez was charged with trafficking cocaine, a school zone violation, possession of a firearm, possession of ammunition and related drug charges. Yasmin Torres has been charged with the same crimes and was released on a low bail.

Drugs, Guns Found At Home Of Southbridge, Massachusetts Man

There are a multitude of defense strategies often associated with these types of cases. For one thing the validity of the search warrant can be challenged through a motion to suppress the search and seizure. If successful all of the items seized pursuant to the search warrant get suppressed and cannot be used as evidence against the defendants. Motions to dismiss work at times as well on cases such as this one. Where there is not telling whose substances these are and it is legally impossible for the district attorney to prove the case beyond a reasonable doubt the case can get dismissed. Trying cases like this one can result in an acquittal also. An Experienced Criminal Defense Lawyer will try to attribute the drugs to the other defendant, particularly if the cases are severed.

Continue reading "Worcester County Man Charged With Trafficking Cocaine, Firearms Possession After Execution Of Search Warrant" »