Massachusetts Criminal Defense Attorney Blog

Julio Castillo and Johnston Jones are twenty four and twenty one years old respectively. They lived together on Prince Street in Salem, Massachusetts until their arrest this week. Now both are charged with Trafficking Heroin and a Drug Violation in a School Zone. Bail for Castillo is ten thousand dollars and five thousand dollars for Jones. According to reports Salem Police had been watching their home after numerous neighbors complained of constant foot traffic in the home. The police surveillance observed cars from all over the area driving up to the premises. Local drug users and people from other towns were also seen entering and exiting the property. The home was watched for about one month before police finally gained access. When the entered they confiscated thirty three grams of heroin, and various items of drug paraphernalia. Both men are now being prosecuted in the Salem District Court however this case will ultimately be handled in the Essex County Superior Court.

Read Article:

Salem, Massachusetts Men Charged With Drug Trafficking After Police Enter Home And Seize Over 30 Grams Of Heroin

So what are these guys looking at if convicted? Trafficking Heroin Over Twenty Eight Grams in Massachusetts carries a mandatory minimum seven year sentence. The additional charge of Drug Violation in a School Zone carries an additional two years mandatory that must be served from and after the seven year sentence. In total, if convicted of these charges Jones and Castillo must serve nine years in state prison. So what should they do? Go and Hire and Experienced Massachusetts Criminal Defense Lawyer. There are always defenses to criminal accusations. The police may have violated the defendant's rights when they entered the home even if they had a search warrant. The location of the drugs in the home and the actions of the defendants weigh heavily on the potential defenses to these charges. Winning Drug Cases in Massachusetts is possible provided you have proper representation.

Continue reading "Two Salem Massachusetts Men Charged With Trafficking Heroin, School Zone Violation" »

Jorge De Souza Abrahao was arrested late last week after a woman complained that the Hudson, Massachusetts man raped her as she slept at her boyfriend's apartment. The defendant is a relative of the victim's boyfriend. The woman told police that she awoke to find Abrahao in bed with her, violating her as she slept. She pushed him off and called the police. The police obtained a search warrant for Abrahao's apartment. He was later found at his place of employment in Framingham where he was arrested. Abrahao was Charged with Rape and held on five thousand dollars in the Marlborough District Court. The case will be presented to a grand jury for indictment and prosecution in the Middlesex County Superior Court in Woburn.

Read Article:

Massachusetts Man Charged With Raping Sleeping Woman

The nature of the alleged rape in this case is not detailed by this article. Rape in Massachusetts is committed when there is any non-consensual penetration of a woman's vagina by a finger, mouth, penis or other object. It can also occur when a woman is forced to perform oral sex on the defendant. While reading this article I wonder what exactly did the woman say Abrahao was doing to her. How did he manage to enter her home and bed undetected and then engage in this act. I would think that if the facts of this case were as egregious as the article seems to indicate then a bail much higher than five thousand dollars would have been imposed. There are countless defenses to cases such as this one that an Experienced Massachusetts Rape Defense Lawyer can use to defend his client. Hopefully the defendant in this case has engaged that person.

Continue reading "Hudson Massachusetts Man Arrested In Framingham, Charged With Rape" »

Officer Paul Torino just ended his shift and went to a local CVS in his street clothes. As he went in he brushed shoulders with Joshua Desrochers and the two exchanged words. According to reports Torino stated that he did not know that he bumped into Desrochers. Desrochers started swearing at Torino as the incident became more heated. Torino supposedly then identified himself as a police officer and told Desrochers to leave. He then reported that co-defendant Ryan Trant joined in, also swearing at the officer. Torino claimed that Desrochers then positioned himself in a fighting stance. Torino responded by pushing the defendant and calling for assistance. Trant then struck Torino with the side mirror of his SUV as he attempted to drive away. Torino leaned into the car and hung as the defendants attempted to flee. Desrochers then tried to punch Torino however Torino was able to block the blows and subdue Desrochers until backup arrived. Trant supposedly parked the car and went after Torino but he too was subdued by Torino and another officer. The defendants have been charged with Resisting Arrest, Assault and Battery and Disorderly Conduct in the Hingham District Court.

Read Article:

Fight With Off Duty Police Officer Gets Two Massachusetts Men Charged With Assault And Battery

So what really happened here? Well, that is a matter for a jury or judge to decide but you might think this report is tough to swallow. Certain things simply do not add up here. How would Torino not know that he bumped into Desrochers? Why then after exchanging words would Desrochers get in a fighting stance? Did Torino then "just" push him? Did Torino really try to stop Trant and Desrochers from leaving and did Desrochers then get out of the car to attack Torino? Why if they were trying to leave the scene would they then get out to fight with Torino again? Jurors are often skeptical about the testimony of police officers, particuarly in situations that involve an assault on a police officer. Every time a client comes into my office after getting assaulted by a police officer it turns out that the client in fact gets charged with Assault and Battery on a Police Officer. Police officers take complaints for such charges against defendants whom they have beaten as a pre-emptive strike in situations where they, the officers have initiated the assaultive conduct. The district attorney in this case will fight not only to prosecute the defendants but to defend the actions of the police So both of these guys need an Excellent Massachusetts Criminal Defense Lawyer who defends cases in Hingham to represent them in this case.

Continue reading "Two Massachusetts Men Charged With Assault And Battery In Hingham Court After Incident With Off Duty Police Officer" »

In July of this year Richard Cushnie was arrested in by members of the Massachusetts State Police. He was charged with Trafficking Marijuana after police found more than one hundred fifty pounds in his truck. The estimated street value of the drug is about three hundred thousand dollars. Apparently the drugs were located after police stopped Cushnie's truck and conducted a search of the vehicle. The article is not clear as to why the officers stopped Cushnie, a New Mexico native, and what their reason was for subsequently conducting the search. Cushnie is being charged with Trafficking Over 100 Pounds of Marijuana. The case has been indicted by a Middlesex County Grand Jury and is now pending in the Middlesex Superior Court in Woburn.

Read Article:

New Mexico Man Charged With Marijuana Trafficking In Woburn Massachusetts Superior Court

Many questions come to mind when reading this article. Why did the police pull Cushnie's truck over. Did they have some information relative to possible drug dealings? Were they tipped off to possible drug dealings involving this truck or the driver? Was this a routine traffic stop that escalated into something more? Was a bail set back in July when Cushnie was arrested? Did he post bail or has he been held for two and one half months? The defenses to Drug Cases in Massachusetts involving stops, searches and seizures of drugs in motor vehicles usually center on the legality of the stop. There are literally thousands of Massachusetts appellate cases that address Search and Seizure issues. Each case is fact specific and the distinction among what actions taken by law enforcement are legal and which ones are violative of someone's constitutional rights are often times slight. This is why any in Richard Cushnie's situation needs an Experienced Massachusetts Drug Trafficking Defense Lawyer like Stephen Neyman to fight his charges. Many times these cases can be won on constitutional grounds through motions to suppress or motions to dismiss.

Continue reading "Marijuana Trafficking Charges Issue In Middlesex Superior Court In Woburn After Man Caught With 150 Pounds Of Pot" »

This past Tuesday undercover police officers responded to an advertisement on Craigslist suggesting that the author was offering Sex For a Fee. The solicitation was provided by Heather Robinson who stated that she would be available at a motel in Framingham, Massachusetts. Officers arranged to meet her at her motel. During the meeting Robinson would perform full service sexual acts for one hundred fifty dollars. Once the agreement was finalized Robinson was arrested. She has been charged with Prostitution in the Framingham District Court.

Read Article:

Prostitution Charges Issue Against Woman Who Used Craigslist To Advertise For Sexual Services

So what will happen to Robinson? Well, assuming she has no prior criminal record and that she Hire an Experienced Massachusetts Criminal Lawyer she might be able to walk away from this case without a criminal record. A dismissal with court costs, pre-trial probation or a continuance without a finding are all possible dispositions in this case.

This case brings up an interesting question that is being litigated nationally these days. Is Craigslist responsible for creating a public nuisance or is it in violation of federal and state prostitution laws? Just yesterday in Illinois a federal judge dismissed a case being brought by the Cook County Sheriff complaining that Craigslist is a public nuisance and in violation of various laws pertaining to prostitution. The suit claimed in part that Craigslist "solicits for a prostitute...by arranging meetings of persons for purposes of prostitution." Similar lawsuits in other states are being filed as well. Craigslist has responded by making changes to its advertising solutions.

Continue reading "Woman Who Advertised For Sex Services On Craigslist Arrested In Framingham For Prostitution" »

According to reports David Barry of Bridgewater, Massachusetts continually made telephone calls to a neighbor and the neighbor's wife over a nine month period. The offenses started in October of last year and ended this past June. The victim complained that Barry would call late at night, saying his wife's names and the word "die". Barry is reportedly involved in youth sports in the town of Bridgewater. Charges of Criminal Harassment and Making Annoying Phone Calls were filed against Barry in the Brockton District Court.

Read Article:

Bridgewater, Massachusetts Man Charged With Making Annoying Phone Calls, Harassment In Brockton

Criminal Harassment in Massachusetts is a crime pursuant to Massachusetts General Laws Chapter 265 Section 43A. The law states that anyone who "engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and shall be punished". A first offense is a misdemeanor punishable by up to two and one half years in the house of correction. A second offense is a felony that carries a potential ten year state prison sentence. Making Annoying Phone Calls is also a misdemeanor but with much lighter consequences. A conviction for this crime, Massachusetts General Laws Chapter 269 Section 14A carries a maximum three month jail sentence. More likely than not, assuming Barry has an Experienced Massachusetts Criminal Defense Lawyer, he will walk away from these charges without a criminal record.

Continue reading "Massachusetts Man Arraigned On Charges Of Criminal Harassment And Annoying Phone Calls In Brockton Court" »

Acting in an undercover capacity Salem, Massachusetts Police Detective Bill Jennings met forty six year old Lisa Anderson at her apartment posing as a potential client. Anderson had a website listing her services as an escort or companion. She greeted Jennings in a bra, thong and nylons. The two conversed and agreed on a price of two hundred dollars an hour for sex. Anderson was then arrested and charged with one count of Prostitution and one count of Using a Building for Prostitution. The case is being prosecuted in the Salem District Court.

Read Article:

Massachusetts Woman Charged With Prostitution After Being Solicited By Undercover Officer

So what is Anderson looking at? Well, she is probable being charged under M.G.L. ch. 272 Section 53A making it a crime to engage in sex for a fee or to offer to do so. The maximum sentence is one year in the house of correction and/or a five hundred dollar fine. Using a Building for Prostitution is a crime pursuant to M.G.L. ch. 139 Section 4. The maximum sentence under that statute is three years in state prison, making this crime a felony. I would guess that if Anderson gets an Experienced Massachusetts Criminal Defense Lawyer and if she has no record or an unremarkable criminal record the district attorney will agree to dismiss the felony and continue the Prostitution charge without a finding.

Continue reading "Salem Massachusetts Woman Arrested For Running Prostitution Business Out Of Apartment" »

K.M. Allen of Lynn, Massachusetts has been indicted by an Essex County grand jury on counts of Rape of a Child, Exhibiting a Child in a State of Nudity and Enticing a Child For Sexual Purposes. The defendant met the victim on MySpace. He represented himself to be a movie producer looking for women who he offered to pay. The victim is from Boston. It is alleged that she and Allen exchanged nude pictures over the internet. In July the two met in person and had sex with one another at Allen's home. A search of Allen's home revealed the photographs the victim sent Allen. A computer that was seized from his home is being analyzed by the prosecution. The case will be prosecuted in the Essex County Superior Court in Salem.

Read Article:

Massachusetts Man Charged With Rape Of A Child After Internet Encounter Leads To Meeting For Sex

Massachusetts General Laws Chapter 265 Section 23 makes Statutory Rape a crime in Massachusetts. The law itself refers to the act as "Rape of a Child". It states specifically that anyone who "unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age, shall be punished". The conviction carries with it a potential life sentence. Consent is not a defense to Rape of a Child, nor is ignorance of the victim's actual age. In essence, the only defense to this charge is that the act never happened. These cases are not always easy to prove. The victim is not always the person who reports the rape. Many times it is a friend in whom she confided or a family member, particularly a parent who found out about the act by reading emails or text messages. The victim's reluctance to testify or, in some instances her denial of the occurrence hinders the prosecution. Corroborative evidence eases the district attorney's task in many respects. For instance, in this case the pictures, while not necessarily proof of rape are extremely damaging to the defense. They also serve as the basis for the prosecution of the other counts, a violation of M.G.L. c. 272 Section 29A. A conviction for this crime carries a minimum ten year state prison sentence. The severity of these charges suggests that Mr. Allen needs an Experienced Massachusetts Criminal Defense Lawyer to defend this case.

Continue reading "Lynn Massachusetts Man Charged With Child Rape In Salem Superior Court" »

Joshua Medeiros and Kimberly Vasconcellos had been watched by police for several months after neighbors complained about suspicious activity at their Somerset, Massachusetts home. The officers set up surveillance and confirmed the neighbor's complaints. They observed a pattern of cars pulling up to the home, someone entering the home and leaving after a short visit. Police also witnessed Medeiros meet with people just a short walk from the home and behind a neighboring school. They were able to set up a successful "controlled buy" with the help of an informant. With that information a search warrant was authorized. The search of the property yielded heroin, marijuana, marijuana plants and assorted drug possession and distribution paraphernalia. The couple has been charged with Conspiracy, Possession With Intent to Distribute Heroin and Marijuana, Possession of Drug Paraphernalia and Violation of the Massachusetts School Zone laws. Charges are now pending in the Fall River District Court.

Read Article:

Search of Home in Somerset Leads Cops To Pot Plants, Drug Paraphernalia, Massachusetts Couple Charged

So what happens to Medeiros and Vasconcellos now? As with most drug cases the initial focus of the defense will be on the validity of the search warrant. There will likely be a challenge to the issuance of the warrant based on either the absence of probable cause in the supporting affidavit or the integrity of the facts stated in the supporting affidavit. If the challenge is unsuccessful the defense then might center on the sufficiency of the evidence to sustain the charges against one or both defendants. Factors to consider are the relationship between the defendants, the location of the drugs found in the home, the defendant's habits as drug users, if any and more.

Continue reading "Massachusetts Couple Charged With Conpiracy, Possession With Intent To Distribute Marijuana, Heroin After Execution Of Search Warrant" »

Shortly before eight o'clock yesterday morning police arrested Fausto Garcia was arrested at his home in Haverhill, Massachusetts. Then, police obtained a warrant to search his home. They searched the premises and found one hundred forty grams of cocaine and more than twenty grams of heroin. Both quantities are sufficient to justify the charges of Trafficking Heroin and Trafficking Cocaine. In fact, that is exactly what Garcia has been charged with doing. The case is currently pending in the Haverhill District Court. No doubt the Essex County District Attorney's Office will present this case to the grand jury and obtain indictments. Ultimately this case will be prosecuted in the Essex County Superior Court that usually sits in Salem. The newspapers state that weapons charges have been filed against Garcia as well.

Read Article:

Haverhill, Massachusetts Man Present When Search Warrant Is Executed Gets Charged With Trafficking After Heroin And Cocaine Seized

So what does this mean for Garcia. Well he better hire an experienced Massachusetts Criminal Defense Lawyer who handles drug cases. He is looking at a minimum mandatory ten year sentence on the cocaine case and another five years on the heroin case. The sentences can be higher than this but usually when someone gets convicted of multiple drug offenses the sentence on the less severe cases runs concurrent with the sentence on the case requiring a greater minimum mandatory. Anytime I get a case like this one I immediately look to see if the defendant's constitutional rights have been violated. If so, I filed a Motion to Suppress the Illegal Search and Seizure. Most of the time when these motions succeed the case gets dismissed. In this case it is critical to know what the police observed prior to arresting the defendant and what information they had, if any that drugs were in his home. It is also important to learn who else lived in the home and from what location in the home the items were seized. Sometimes these cases are triable as well, particularly where there is a strong suggestion that someone other than the defendant had possession of the drugs.

Continue reading "Haverhill Massachusetts Man Charged With Trafficking Cocaine And Heroin" »

Christopher Leonard of Randolph, Massachusetts was charged with Armed Assault With Intent To Murder, Discharging a Firearm Within 500 Feet of a Building and Improper Storage of a Firearm after a dispute with his neighbor over a fence ended up in a shooting. According to reports Leonard and his wife were in their yard last Friday night when the neighbor, John Rota went onto Leonard's property to discuss an ongoing dispute regarding a fence that separates the neighbor's properties. The discussion turned violent when Leonard hit Rota who responded by throwing a beer can at Leonard. Supposedly Leonard then pulled out a gun and shot Rota in the stomach. Afterwards Leonard tried to stop the bleeding and tended to Rota's wound. Leonard's wife told police that he had been out drinking earlier in the evening and that he becomes violent when he drinks. Leonard is licensed to carry firearms. His bail was set at twenty thousand dollars by a judge in the Quincy District Court.

Read Article:

Massachusetts Man Shoots Neighbor During Dispute Over Fence

A couple of thoughts come to mind when reading this article. Did Leonard act in self-defense? Even if he did the law in Massachusetts makes clear that people can use force in self defense however no one can use more force than is reasonably necessary under the circumstances of this case. In a case like this jurors will consider the relative sizes of the combatants, their actions and the location of this incident. Keep in mind that this happened on Leonard's property suggesting that Rota could have been the aggressor. Rota used a dangerous weapon on Leonard prior to the shooting. Further actions by Rota not addressed in the article could give rise to a legitimate self-defense claim. The fact that Leonard immediately assisted Rota suggests that the shooting might have been an accident. An "accident" in Massachusetts is defined as an unexpected happening that occurs without intention or design on the defendant's part. It means a sudden, unexpected event that takes place without the defendant's intending it. Here, brandishing the gun does not necessarily mean that Leonard intended to fire it. The act of shooting might have been an accident, a valid defense to these charges.

Continue reading "Massachusetts Man Charged With Assault With Intent To Murder In Quincy After Shooting Neighbor" »

Devin Joseph Sheehan-Powers of Boston was indicted by an Essex County Grand Jury last week following his arrest for a July 15, 2009 incident. According to reports Sheehan-Powers was observed by Lynn Police chasing down a disabled man while brandishing a knife. Law enforcement officers saw Sheehan-Powers then punch the victim in the face and steal his cell phone. The attack was described as brutal. The officers who witnessed the incident chased the defendant and were able to apprehend him shortly after observing the crime. He was found in possession of the knife and crack cocaine. Bail in the case has been set at ten thousand dollars. The case will now be transferred from the Lynn District Court to the Salem Superior Court. Sheehan-Powers has formally been charged with armed robbery, possession of cocaine, assault and battery with a dangerous weapon causing serious bodily injury, aggravated assault and battery, mayhem and resisting arrest.

Read Article:

Boston Man Charged With Assortment Of Violent Crimes, Drug Possession After Assault On Winthrop Man

The crime of mayhem in Massachusetts is proscribed by Massachusetts General Laws Chapter 265 Section 14. The law states that the prosecution must prove that the defendant had the malicious intent to maim or disfigure the victim and that with that intent he "cuts out or maims the tongue, puts out or destroys an eye, cuts or tears off an ear, cuts, slits or mutilates the nose or lip, or cuts off or disables a limb or member, of another person". Alternatively the prosecution can obtain a conviction for this crime if it proves beyond a reasonable doubt that the defendant, possessing the intent to "maim or disfigure, assaults another person with a dangerous weapon, substance or chemical, and by such assault disfigures, cripples or inflicts serious or permanent physical injury upon such person". A conviction of this crime carries a potential twenty year state prison sentence. The article suggests that the prosecution in this case will be proceeding under the second theory given the victim needed eye surgery at a Boston hospital.

Continue reading "Boston Man Indicted By Essex County Grand Jury For Robbery, Assault And Battery, Drugs" »

A Massachusetts man and known sex offender was arrested and charged with Attempted Rape earlier this week. Police allege that Scott Gagnon of Tewksbury assaulted a woman who was jogging on Plum Island and attempted to rape her. The woman managed to escape and call the police on her cell phone. Gagnon is a level 3 sex offender. He was convicted of sex crimes for which he had served twenty seven years in state prison in Massachusetts. Just last week Gagnon was caught soliciting a prostitute in Haverhill. He was charged and arrested with that crime as well. Gagnon, 51 is being held on fifty thousand dollars cash bail. The case is currently being prosecuted in the Newburyport District Court. It is expected that the case will be indicted and handled in the Essex County Superior Court.

Read Article:

Tewksbury, Massachusetts Man Charged With Sex Crime, Attempted Rape After Attacking Plum Island Woman

Undoubtedly the prosecution in this case will be looking for the maximum sentence authorized if Gagnon is convicted. Assault With the Intent to Commit Rape is a felony in Massachusetts proscribed by Massachusetts General Laws Chapter 265 Section 24. A conviction carries a possible twenty year sentence for first time offenders and life for second and subsequent offenders. This case will likely rest exclusively on the testimony of the victim. It appears that there were no witnesses to the incident. There is no mention of physical evidence corroborating the victim's story in this article. Naturally, if such evidence does exist it makes the prosecution's case stronger. A key strategy to Gagnon's defense will be to try to make sure his prior convictions are not mentioned or even eluded to at trial. Most likely Gagnon will go to trial on this case unless the prosecution or a judge permits him to plead to a sentence he can accept.

Continue reading "Massachusetts Man Charged With Attempted Rape After Attack On Newburyport Beach" »