Massachusetts Criminal Defense Attorney Blog

Last Friday Daniel O'Brien was arrested in Littleton, Massachusetts after trying to entice a twelve year old girl to meet him at a local train station. O'Brien is from Virginia. Authorities claim that after months of online exchanges with the girl he came to Massachusetts by train as planned. When he arrived he was met by local police and arrested him. O'Brien had a return ticket for the girl in his possession. Charges of Attempted Kidnapping and Child Endangerment are now pending in the Ayer District Court. Bail was set at fifty thousand dollars cash.

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Man To Be Arraigned For Attempted Child Abduction In Massachusetts

Typically in cases like this law enforcement officials are able to produce email and other computer generated correspondences between the victim and someone else. Identifying that other person accurately can be problematic. People use other people's computers. Predators use fictitious names. IP addresses help narrow the search for the suspect but do not necessarily direct police to the culprit. Defending these case can be challenging. In Massachusetts Criminal Defense Lawyers who Defend Internet or Cyber Crimes are necessary in these types of cases. Your best chance of success is hiring a Massachusetts Internet Crimes Lawyer to protect your rights. Prosecutors take these cases very seriously and they are usually prosecuted in the Superior Courts.

Continue reading "Man Charged With Attempted Child Kidnapping In Ayer Massachusetts Court" »

On November 17, 2009 the Massachusetts Appeals Court issued its decision in Commonwealth v. Hollister. The issue in Hollister was whether the erroneous admission of a ballistician's certificate amounted to harmless error. The facts in Hollister are as follows:

The defendant was found near his truck. Inside the unlocked glove box authorities located a loaded firearm. Hollister tried the case without a jury and was found guilty of Unlawful Possession of a Firearm, Carrying a Firearm Without a License and Improper Storage of a Firearm, all Crimes that are Felonies in Massachusetts. To establish operability of the firearm the district attorney relied on a statute that permits proof through a certificate of analysis. The defendant objected to the admission of the certificate. This case was tried prior to the United States Supreme Court's decision in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527, 2542 (2009). The Melendez-Diaz decison makes clear that such certificates violate a defendant's Sixth Amendment Right to Confrontation. The district attorney argued on appeal that the violation of Hollister's rights was harmless error. The Appeals Court disagreed reasoning that absent any independent evidence that the gun was operable the case must be reversed.

While it is unlikely that prosecutors in Massachusetts will continue to proceed on firearms cases with a certificate of analysis alone, Massachusetts Gun Possession Defense Lawyers now know that if a prosecution is handled in this manner the district attorney must somehow show that the gun was operable. Evidence such as bullet holes, expended projectiles or ejected cartridge casings might relieve them of the obligation to produce the ballistician in order to prosecute their case.

Continue reading "Massachusetts Appeals Court Holds That Admitting Firearm Ballistics Certificate In Gun Case Warrants Reversal" »

The Brockton Enterprise reported last week that Terrico Burnett of Middleboro, Massachusetts was arrested in connection with an incident that occurred on Halloween night. According to the article, the alleged victim, an acquaintance of Burnett's complained of being Raped and Assaulted by the defendant. Nothing further was reported about this matter.

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Rape And Assault Charged Against Middleboro Man

It always amazes me when media outlets report no more than general unspecified allegations about reported criminal activity. In this case the report suggested that Burnett was being held without bail at the Plymouth County Correctional Facility pending his arraignment. I immediately wonder why. The act purportedly occurred on October 31, 2009. The victim was an acquaintance. There is no suggestion that Burnett's whereabouts were an issue. You would think that in Massachusetts a violent act such as Rape would trigger an immediate arrest particularly where the identity of the perpetrator is known. As a Massachusetts Rape Defense Lawyer who has represented defendants in Plymouth County I would want to know what took so long to report the incident. If the matter was reported immediately what took so long to go out to arrest Burnett. Where there any witnesses who heard or saw something corroborative of the complainant's story. What physical evidence links the defendant to this crime.

Continue reading "Plymouth County Massachusetts Man Arrested And Charged With Rape And Assault " »

Michael Ehlert is eighteen years old. Michael Leoni is seventeen year old. Both live in Marblehead, Massachusetts. Both are now facing serious felony charges in the Lynn District Court. It would not surprise me at all to see these charges indicted and prosecuted in the Essex County Superior Court in Salem. According to reports Ehlert and Leoni viciously attacked a school age boy who was walking home in the early evening hours on October 29, 2009. When the boy passed by the defendants they dragged him into a local cemetery, choked him, beat him, kicked him and searched him for money. They made him smoke a cigarette, stole his wallet and made him lead them to the victim's home where they located and stole his iPOd. As a result of these acts Leoni has been charged with Assault With Intent to Rob, Kidnapping, Assault and Battery by Means of a Dangerous Weapon and Larceny. Ehlert has been charged with the same crimes along with Intimidation of a Witness. All of these Crimes are Felonies in Massachusetts.

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Massachusetts Men Charged With Assorted Violent Crimes In Connection With Robbery Of Another Teenager

In the context of these facts all of these crimes are considered very Serious Felonies in Massachusetts. The Robbery charge alone carries a maximum life sentence. Assault and Battery by Means of a Dangerous Weapon carries a potential ten year sentence. Kidnapping convictions can also result in the imposition of a ten year state prison sentence. There are however a few thoughts that come to mind when reading about this case. How was it that nobody saw the victim being dragged into the cemetery? Why did he not yell out for help when walking back to house? Could he have run away when going back to his home or could he have yelled out to a neighbor for help? Was the attack unprovoked or was there something that precipitated the event? These are questions that an Experienced Massachusetts Defense Lawyer will address in preparing the defense of these defendants.

Continue reading "Two Marblehead Massachusetts Teenagers Arrested And Charged With Robbery, Kidnapping, Assault In Connection With Beating" »

Edwardo Fontes, of Plymouth, Massachusetts, along with John Silva and Vanderlee Fernandes both of Brockton were arrested yesterday in connection with a shooting in Stoughton. It was reported that the three men robbed two others and fled in a car. A witness provided the description of the car and later in the evening the car was stopped in Brockton. No weapons were recovered and no one specified what items were taken from the victims. One of the victims was shot in the leg, the other in the stomach. Each defendant has been charged with Armed Robbery, Assault and Battery by Means of a Dangerous Weapon and Assault with the Intent to Murder. The case is now pending in the Stoughton District Court but will likely be prosecuted in the Norfolk County Superior Court in Dedham.

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Gun And Robbery Charges Filed Against Massachusetts Men Involved In Shooting In Stoughton

Cases like this are always interesting to defend. I imagine that whatever happened between the defendants and the victims was a far cry from your typical robbery. Here is why. The police declined to identify what property if any was stolen from the victims. The robbery took place behind a structure suggesting that the parties agreed to meet somewhere out of sight. There is no identification of the person who supposedly made the call to the police nor is it clear that such person actually witnessed the robbery or shooting. This sounds very much like a drug deal gone bad. This might be a difficult case for the district attorney to prosecute. An Experienced Massachusetts Robbery and Assault Lawyer who practices in the Stoughton Court and Norfolk Superior Court might be able to effectively defend the defendants in this case.

Continue reading "Three Massachusetts Men Charged With Robbery, Firearms Offense After Shooting Victims During Theft" »

This past Sunday evening, just past 6:30 p.m. members of the Quincy, Massachusetts Police Department executed a search warrant at John Keller's residence. The search warrant was issued after an eighteen month police investigation suggested that Keller was dealing drugs out of his Chester Street apartment. When the police searched the home they found Cocaine, Ecstasy, Heroin, and other Controlled Substances. They also found ammunition and nearly fifty thousand dollars cash. The investigation started as a result of neighbor complaint about numerous people making frequent visits to the apartment. As part of the investigation undercover police officers made controlled buys of various substances. During the search the police found over one hundred grams of cocaine, Class C drugs, Oxycodone pills, marijuana, digital scales and more. Keller has been charged with Trafficking Cocaine, Trafficking Heroin, a School Zone Violation, Unlawful Possession of Ammunition and various Miscellaneous Crimes. Bail was set at one hundred thousand dollars cash in the Quincy, Massachusetts Man Held On Drug Trafficking, Gun Charges

It appears that the most serious charge is Cocaine Trafficking which in Massachusetts carries a minimum mandatory ten year sentence where the quantity exceeds one hundred grams. The School Zone Violation adds another two years to this sentence. If Keller is convicted of both of these crimes he will have to serve twelve years in state prison. Naturally as with any case there can be defenses to these allegations. I would expect to see a challenge to the issuance of the Search Warrant. It would not surprise me if people other than Keller were being investigated and had some involvement in these activities during the course of the investigation. Their roles might ameliorate some or all of Keller's responsibility for some of the crimes he has been charged with. One thing is certain. If he has not already done so Keller needs to Hire an Experienced Massachusetts Drug Defense Lawyer right away.

Continue reading "Man In Quincy Massachusetts Charged With Drug And Gun Violations After Police Find Cocaine, Heroin, Guns And Ammunition During Search Of Home" »

Last Saturday evening Terrence Moore was on his way to Cambridge. According to reports he never made it because he was allegedly abducted by three men; Christopher McPherson and Lance McDonald of Lynn and Christopher Kravitz of Peabody. Police received a call that Moore had been kidnapped and that he was being held in Lynn. The call apparently came from Moore's brother and/or sister who related to police that the incident likely arose as a result of a debt possibly owed to one of the defendants. Moore's brother agreed to meet with the suspects near the Nahant Rotary to free Moore. The police arrived and spotted Moore. They arrested the three defendants charging each with Kidnapping, Assault and Battery by Means of a Dangerous Weapon and Assault and Battery.

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Three Massachusetts Men Charged With Kidnapping

Kidnapping in Massachusetts is a crime pursuant to Massachusetts General Laws Chapter 265 Section 26. The law states that anyone who confines someone against his will is guilty of kidnapping and can be sentenced for up to ten years in prison. The statute has provisions for more Aggravated forms of Kidnapping as well. If for example the kidnapping is committed with the use of a firearm or assault weapon there is a ten year mandatory sentence attached. If serious bodily injury results there is a twenty five year minimum mandatory sentence.

The lawyer arguing bail for Kravitz stated that the three defendants and the victim in this case have mental health issues. This suggestion, if true might serve as a basis for a defense in this case. It may also serve as a mitigating factor in getting a favorable resolution for one or more of the defendants.

Continue reading "Men From Peabody And Lynn Massachusetts Charged With Kidnapping In Essex County" »

The Lawrence Eagle Tribune reported that local police detectives received information from a concerned citizen that a drug deal was underway near a neighborhood convenience store. After receiving the call the police surveilled the store. They observed a car pull up, the driver get out and approach another vehicle. Officers observed the driver, Jason Ayala of Boston then walk into the convenience store. The other vehicle left the area and was stopped by the police at which time its occupants, Michael and Kerry Hagger of Methuen were arrested. The Haggers have been charged with Possession of Heroin and Possession of Cocaine. Ayala was charged with Distribution of Heroin and Possession With Intent to Distribute Heroin and Cocaine. Another individual, Carlos Manuel Rodriguez of Lawrence, presumably a passenger in Ayala's car was charged with the same crimes as Ayala. Inside Ayala's car the police found crack cocaine, heroin and cocaine. This case will be prosecuted in the Lawrence District Court.

Read Article: Heroin And Cocaine Charges Filed Against Lawrence, Methuen And Boston Natives In Lawrence District Court

Here is an interesting fact. The district attorney will most likely not be able to prove the most serious charge against Ayala and Rodriguez, that being the charge of Distribution of Cocaine and Heroin. Here is why. Even though the police saw what they believed to be a drug transaction they never witnessed the actual exchange of items. To win that case the prosecution will need the help of the Haggers. The Haggers will not likely testify against them in that they both have Fifth Amendment privileges they will likely exercise. As to the drugs that remained in Ayala's car there will be a question as to whose drugs those were. That further complicates the prosecution's case. All of the defendants also stand a chance of suppressing the stop of the Hagger vehicle. There is an abundance of case law in Massachusetts that suggests that the police must see more than is articulated by this article before they can conduct a stop of a vehicle. A Motion to Suppress the stop, if successful might result in a dismissal of all charges against all of the defendants.

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The Essex County District Attorney's Office has just indicted two Lynn, Massachusetts men for Sex Crimes Charges. Carlos Gabriel was indicted for Rape of a Child or Statutory Rape for incidents involving a fifteen year old girl from July through September of this year. Authorities allege that Gabriel who is twenty five years old had sex with the underage girl eight times over the summer. If convicted Gabriel could be sentenced to life in prison.

In an unrelated matter Nelson Nunez of Lynn has been charged with Assault With Intent to Rape, Assault by Means of a Dangerous Weapon, and Indecent Assault and Battery. Prosecutors claim that on August 22, 2009, at knifepoint Nunez assaulted a woman, demanded sex from her and pulled off her clothes. Nunez faces up to twenty years in state prison if convicted of these offenses.

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Rape Related Charges Filed Against Lynn Massachusetts Men

These two cases show some of the great disparity inherent to Massachusetts laws. The article suggests that Gabriel and the victim engaged in consensual sexual acts. The law in Massachusetts and most other states makes clear that consent is not a defense to the charge of Statutory Rape. However, a potential life sentence for these acts seems quite unreasonable when compared to the situation involving Nunez. His acts, if committed as reported were violent and committed with force. The maximum sentence he faces is significantly lower than the maximum sentence Gabriel is looking at. This is why having an Experienced Massachusetts Rape Defense Lawyer is of paramount importance in cases like these. Defendants like Gabriel and Nunez need a Massachusetts Criminal Defense Lawyer who can either successfully try these cases or work out the most just resolution.

Continue reading "Essex County District Attorney Indicts Two Lynn Massachusetts Men On Separate County Of Rape, Assault" »

Just after midnight the other day Framingham, Massachusetts police received a call from a local pizza restaurant employee complaining that Ryan McArthur was causing problems after he was denied entry to the establishment. When the police arrived they observed McArthur in the street waiving his arms. When they exited their cars McArthur supposedly then charged the officers. As the police tried to subdue McArthur the defendant struggled and tried to escape. He was ultimately apprehended and charged with two counts of Assault and Battery on a Police Officer and Resisting Arrest. Charges are now pending in the Framingham District Court.

Assault And Battery Charges Issue Against Framingham Man After Scuffle With Police

People think that Assault and Battery on a Police Officer is a difficult charge to defend. It is natural to think that a jury or a judge will believe a police officer over a defendant and that you have no chance to win a case like this one. That however is not true. As I have written in past blog posts Assault and Battery on a Police Officer is a charge that the police bring any time they apply force, particularly excessive force to a suspect. They realize that if they do not bring that charge they risk getting sued for their conduct. Experienced Massachusetts Criminal Defense Lawyers understand this trend and often prepare their client's defenses to these charges with that in mind.

Continue reading "Framingham Massachusetts Man Charged With Assault And Battery On A Police Officer, Resisting Arrest After Being Denied Entry To Pizzeria" »