Massachusetts Criminal Defense Attorney Blog

In Commonwealth v. Dwayne Williams, decided earlier today, the Massachusetts Appeals Court upheld the decision of a district court judge suppressing unlawfully obtained evidence. The facts in Williams are as follows:

A Boston Police Officer responded to a call stating that a man (the defendant) had been stabbed and was being treated at the Boston Medical Center. The detective went to the hospital and tried to speak with him. The defendant refused to answer any questions about the stabbing. He had blood on his clothing. The clothing was placed in a plastic bag by hospital personnel. Over the defendant's objection the officer took the clothes to the crime lab for testing. Inside one of the defendants boots the officer located some crack cocaine. The judge hearing the motion to suppress the seizure of the drugs agreed that the defendant's constitutional rights had been violated and the evidence was suppressed.

The district attorney appealed the case to the Massachusetts Appeals Court. The Court agreed with the lower court judge and found that in this case the police presumptively violated the defendant's Fourth Amendment rights by taking his clothes over his objection. The Court held that the defendant retained a possessory interest in his clothing. He never forfeited that right. There was no exception to the requirement that the police obtain a warrant prior to seizing and searching the clothes. Thus, suppression of the evidence was found proper.

Massachusetts Search and Seizure Lawyer

As a Massachusetts Criminal Attorney defending Drug Cases I handle a large number of drug cases each year. One of the best tools to combat allegations of Drug Possession or Drug Distribution is the motion to suppress. Massachusetts laws and its constitution through Article 14 provide greater protections against police intrusions than does the United States Constitution. A successful motion to suppress usually results in the district attorney not being able to prosecute the case. A dismissal of the charges will often be the end result. This is why it is critical that you choose the right lawyer to defend you against drug charges.

Continue reading "Massachusetts Appeals Court Affirms Suppression Of Illegally Obtained Evidence" »

Last Friday night Haverhill police executed a Search Warrant at a home in on Cedar Street. They found five occupants, three with hypodermic needles and two others allegedly in the Heroin Distribution business. The interior of the home was described as disgusting and atrocious. It was in complete disarray. Also at the scene was a four year old boy and a twenty one month old girl. Anthony St. Onge and Joanne Belmer, the residents of the home were charged with Possession With the Intent to Distribute Heroin a School Zone Violation and Knowingly Being Present Where Heroin is Kept. Also charged with Knowingly Being Present Where Heroin is Kept were David Plourde, Tania Cormier and Eric Balsamo. The young girl is Plourde's daughter. The case in pending in the Haverhill District Court.

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http://www.eagletribune.com/punews/local_story_086221615.html

Being Knowingly Present Where Heroin is Kept

According to Massachusetts General Laws Chapter 94C Section 35, any person who is knowingly present at a place where heroin is kept and is convicted for this crime is guilty of a misdemeanor and shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or both. Typically first offenders get their cases resolved with a continuance without a finding. Sometimes first time offenses are dismissed. Of course, if the person already has a criminal record the punishment will be greater. Regardless of their record, the defendants in this case will be closely scrutinized due to the fact that children were present at the time of the crime. St Onge and Belmer have a greater. The School Zone Violation charge carries a mandatory two year sentence. To avoid the consequences of this statute both will need a Skilled Massachusetts Criminal Defense Lawyer to defend them.

Continue reading "Police Raid Home In Haverhill, Charge Two With Possession With Intent To Distribute Heroin, School Zone Violation" »

The Lowell Sun reports that nearly seven years ago a significant amount of drug evidenced was stolen from the Dracut Police evidence storage facility. In total about eighty thousand dollars or marijuana was taken from the locked trailer. The officer took the test on December 15, 2009. The results were deemed "inconclusive with suspected countermeasures taken". The suggestion is that the officer tried to cheat the test. Consequently, on March 3, 2010 another polygraph test was given. This time, it was concluded that the officer failed. Law enforcement agencies in Massachusetts were unable to crack the case. The state statute of limitations has expired and criminal charges cannot be filed against the officer in Massachusetts. However, federal laws provide another avenue for prosecution that permits more time to file charges. An unnamed federal agency is currently investigating this case.

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The Law Pertaining to Lie Detector Tests in Massachusetts

Lie Dectector (Polygraph) Tests in Massachusetts

In Massachusetts polygraph evidence is inadmissible for any purpose in a criminal trial. This has been the law for over twenty years since the Supreme Judicial Court decided the case of Commonwealth v. Mendes, 406 Mass. 201 (1989). About seven years later the Supreme Judicial Court retreated from its stance on this position and suggested that polygraph evidence might be admissible in a criminal case provided that its reliability is established by proof that a qualified tester who conducted the test had in similar circumstances demonstrated, in a statistically valid number of independently verified and controlled tests, the high level of accuracy of the conclusions that the tester reached in those tests. Commonwealth v. Stewart, 422 Mass. 385 (1996). This ruling notwithstanding lie detector tests are still not used in criminal cases in this state. The prospect of using one of these tests in an appropriate case is something that I would welcome.

Continue reading "Massachusetts Police Officer Suspected Of Evidence Theft Fails Lie Detector Test" »

Both the Lowell Sun and the Lawrence Eagle Tribune report that Johnny Cintron of Methuen, Massachusetts was stopped last night at the intersection of Central and Market Streets in Lowell. Apparently Lowell Police had information that a man fitting Cintron's description would be in Lowell on Monday night. According to reports Cintron was seen driving his car and was stopped after running a red light. Inside the car officers located over five hundred grams of cocaine. The case is now pending in the Lowell District Court however it will eventually be prosecuted in the Middlesex Superior Court in Woburn.

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Lawrence Massachusetts Criminal Defense Lawyers

Lowell Massachusetts Cocaine Trafficking Lawyers

Trafficking Cocaine in excess of 200 grams in Massachusetts carries a minimum mandatory fifteen year state prison sentence. If Cintron gets convicted of this crime he will be in prison until he is nearly fifty years old. At that point nearly one third of his life will have been spent behind bars. To avoid this he needs to hire a Massachusetts Criminal Lawyer who can help him win this case through either suppression or trial or minimize the consequences by negotiating a resolution that will be as harsh as the statute requires. Three thoughts immediately come to mind when reading these articles. One, what information did the police have regarding Cintron and drug activity. How reliable was this information and to what extent did the police base their actions on that information. The legitimacy of their actions is likely based on that information and its sufficiency or lack thereof might be the basis for a constitutional challenge through a motion to suppress. Two, did Cintron really run a red light. I would suspect he did not unless of course he had no idea that cocaine was in his car. Three, how are the police able to show that Cintron had knowledge that the drugs were in the vehicle. Was the car his? Where were the drugs stored? Was anyone else in the car? Did someone else have access to the car? Did someone else use the car earlier? The answers to these questions might help exonerate Cintron.

Continue reading "Lowell Cops Stop Car And Find 1/2 Kilos Of Cocaine, Arrest Methuen Man" »

Last week Brenon Monteiro and Rozilene Coelho both from Marlboro, Massachusetts were arrested and charged with Trafficking Cocaine. Apparently police had obtained a search warrant. They arrived at Monteiro's home and gained entry through a back door. A drug sniffing dog accompanied the officers. The dog alerted the police to a television cabinet where approximately forty three grams of cocaine were found. Also found was a digital scale and assorted drug paraphernalia. In addition to Trafficking in Cocaine both men were charged with a School Zone Violation and Conspiracy to Violate the Drug Laws. The case will be prosecuted in the Middlesex Superior Court in Woburn. The police reported that Monteiro admitted to committing the crimes.

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http://www.metrowestdailynews.com/news/police_and_fire/x693814227/Hidden-drugs-found-in-Marlborough-say-police

Marlboro, Massachusetts Drug Crimes Lawyer

Here is what each defendant is facing. There is a minimum mandatory sentence of five years for the Cocaine Trafficking Charge since the quantity exceeded twenty eight grams and was under one hundred grams. However two years must be added to that if the defendants are convicted of the School Zone Violation. There is no minimum for the Conspiracy charge. Monteiro's problems appear much more significant than Coehlo's. The drugs were found in his apartment. He confessed to the crime. Unless there is something specifically connecting Coehlo to the drugs he has a chance of getting his case dismissed. Both of these men need an Experienced Massachusetts Drug Crimes Lawyer to defend against these allegations.

Continue reading "Two Cocaine Trafficking Arrests Made After Cops Execute Search Warrant At Marlboro Home" »

The Suffolk County District Attorney's Office has charged seven in connection with Cocaine Trafficking activities alleged to have occurred in Chelsea, Revere and Boston. According to reports, Ferney Pereanez was making about one hundred thousand dollars per week in cocaine sales. This account coincides with the district attorney's press release claiming that the organization was responsible for moving a kilo of cocaine each week. The investigation into these actions spanned two years. Law enforcement used wiretaps wherein they seized hundreds of cell phone calls. Surveillance cameras were also used in this case. Also arrested in connection with this case were Luis Pereanez, Martha Garcia, Julio Burgado, Maritza Franco, Wilmar Andres Medina and Biviana Lotero Montoya, 36. Bails in this case were set in amounts ranging from twenty five thousand dollars to five million dollars. The quantity of cocaine exceeded two hundred grams. The cases are being prosecuted in the Suffolk County Superior Court in Boston.

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http://news.bostonherald.com/news/regional/view.bg?articleid=1240279&format=&page=2&listingType=Loc#articleFull

Boston, Massachusetts Cocaine Trafficking Defense Attorney

I would not expect each defendant to pursue the same strategy in this case. Everyone's role in this operation was probably unique. There was likely an organizer, runners, purchasers, street level dealers and more. Some of the defendants were charged with Conspiracy, others with Distribution of Cocaine, and a few with Trafficking in Cocaine. The penalties for each differs as does the level of responsibility. The magistrate presiding over the arraignment of the defendants obviously recognized that, thus disparity of bails set. It would not surprise me at all to see sentences in this case range from probation to lengthy state prison sentences. Hiring a Top Massachusetts Defense Lawyer is the first step in helping the cause.

Continue reading "Wiretaps And Surveillance Cameras Used To Arrest Seven In Connection With Colombian Cocaine Trafficking Organization" »

Thirty four years ago Eleanor Wadsworth was beaten, shot and killed at Pike's Funeral Home in Gloucester, Massachusetts. Wadsworth was sixty five at the time and she worked and lived at the funeral home. Last March Gloucester police re-opened the case. Their investigation which included interviewing several witnesses suggested that Wadsworth was killed by three people during a robbery. The suspects are Norman Pike, the funeral home owner's grandson, Kevin Ireland and another man not identified. Pike left Gloucester just days after the incident. Ireland currently lives in Gloucester and was recently arrested on this case. Pike, aka Dan Franklin who now lives in San Francisco if fighting extradition. Ireland is being arraigned today in he Gloucester District Court.

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http://www.boston.com/news/local/breaking_news/2010/03/police_charge_t.html

Prosecuting "cold cases" can at times be a daunting task. Witnesses' may no longer be available to testify. Those who remain can have problems recounting sufficient detail to sustain a conviction. Experienced Massachusetts Criminal Defense Lawyers are often able to attack any memory defects and show juries the doubt necessary to sustain an acquittal. If there are no eyewitnesses to the murder as suggested by the article and neither of the defendants cooperates it will be difficult for the prosecution to recreate the events in a way that satisfies its burden. It would not surprise me to see defense lawyers pointing the finger at the deceased suspect and identifying him as the sole culprit.

Continue reading "Two Charged In Gloucester Murder That Occurred More Than Thirty Years Ago" »

Sean Shanahan of Winthrop, Massachusetts has been charged with Enticing a Minor, Indecent Assault and Battery and Rape of a Child. The prosecution is alleging that over the past February vacation a fourteen year old girl was staying at his home visiting Shanahan's daughter. Shanahan was seen going into his bedroom with the girl. On an earlier and undisclosed date the girl was at the defendant's home watching a movie during which he supposedly rubbed her thigh underneath a blanket. The prosecution has alleged that he made incriminating statements to his daughter and that he asked his wife to get rid of his computer, suggesting that there was inculpatory material on that item. This case will be prosecuted in the Suffolk County Superior Court.

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http://www.bostonherald.com/news/regional/view/20100310child_rape_charge_rocks_tsa_logan_employee_pats_down_air_travelers_at_scan_stations/srvc=home&position=2

Statutory Rape Defense Attorneys in Massachusetts

The crime of Rape of a Child in Massachusetts is defined by Massachusetts General Laws Chapter 265 Section 23. The law requires the district attorney to prove beyond a reasonable doubt three things. First, that the defendant engaged in sexual intercourse with the victim; second, that the victim was under the age of sixteen at the time of the crime and third that the sexual intercourse was unlawful. This third element requires the prosecutor to prove that the sexual intercourse occurred outside of a marital relationship. Given the charges in this case and the facts set out in the article it appears that the act was consensual. Shanahan supposedly asked his daughter how she would feel about him dating a girl her age. After confronting the victim after leaving Shanahan's room the daughter was told by her friend that she would have to deal with things.

The prosecution will try to prove its case by putting the victim, the defendant's daughter and his wife on the stand. It is unclear how much physical evidence exists in this case, if any however the testimony of the victim alone is often sufficient to secure a conviction. The daughter's testimony will be corroborative of the victim's and extremely damaging. The same holds for the wife's testimony assuming she does not invoke the marital privilege and withhold her testimony.

Continue reading "TSA Worker Facing Charges Of Rape Of A Child Arraigned In East Boston" »

At 4:00 a.m. yesterday morning police responded to 27 Washington Street in Lawrence, Massachusetts for a call regarding commotion at that address. A patrolman knocked on the door waiting for someone to answer. While doing so he saw the defendant, Sandy Santos placing "something" underneath a seat cushion. The patrolman was then permitted to enter the home. When he did he looked under the cushion and saw a loaded .38 caliber handgun. Santos was arrested and charged with Carrying a Firearm, Unlawful Possession of Ammunition and Possession of a Loaded Firearm. The report states that the gun is being tested for fingerprints and DNA. The case is being prosecuted in the Lawrence District Court.

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http://www.eagletribune.com/punews/local_story_068001139.html

Massachusetts Gun Case Defense Lawyer

The charge of Carrying a Firearm carries with it a mandatory minimum eighteen month house of correction sentence. However, the statute prohibiting that activity, Massachusetts General Laws Chapter 269 Section 10(a) exempts such conduct where the activity occurs at home or at work. Here, the article states that Santos was at home at the time of the incident. I am also curious as to why the gun would be tested for fingerprints. The article states that the officer saw Santos place the gun underneath the seat cushion. Why then would it be necessary to have it printed or tested for DNA evidence. It is also suspect that Santos would offer entry to the officer. There was no search warrant. There was no probable cause to arrest. The officer had no legal right to enter the property. Why then would Santos open the door and let him in? This case is full of issues that bode well for the defense.

Continue reading "Lawrence Man Charged With Gun Possession After Police Him Try Hide Firearm Under Seat Cushion" »

Roberto Perez is eighteen years old. Authorities allege that on Saturday night he stabbed a sixteen year old male, also from Rockland. The victim was airlifted to a Boston hospital where he was listed in stable condition. Perez is facing charges of Assault and Battery by Means of a Dangerous Weapon and Assault With Intent to Murder charges. Several people called 911 to report a group of people fighting. Responding police found the victim and subsequently found and apprehended Perez. The case is now pending in the Hingham District Court but will likely be indicted and prosecuted in the Plymouth County Superior Court in Brockton.

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http://www.boston.com/news/local/breaking_news/2010/03/man_arrested_in_12.html

Assault With Intent to Murder in Massachusetts

Witnesses have described the incident as a fight. Self-defense is commonly employed to counter allegations that a defendant was the aggressor in a fight. When a defendant utilizes a self-defense argument the burden shifts to the prosecution to prove beyond a reasonable doubt that the defendant did not act in self-defense. Defendants have the right to use self-defense when they reasonably believe that they are being attacked or immediately about to be attacked and that their physical safety is at immediate risk. They can use no more force than is reasonably necessary under the circumstances of the case to defend themselves. The defendant must also try to avoid combat before resorting to force. Depending on how the fight evolved Perez might be able to defend his case on this theory.

Continue reading "Rockland Man Faces Assault And Battery Dangerous Weapon Charges After Stabbing Incident" »

Yesterday police in Westport, Massachusetts arrested Dean Macedo of Fall River and charged him with five counts of Identity Fraud. Apparently Macedo, who was working as a sub-contractor for a construction company got a copy of certain contractor's licenses. Using that information he secured building permits in New Bedford. Macedo had his own roofing company. An employee at one of the jobs Macedo obtained through the permit scam was injured and filed a workman's compensation claim. Authorities quickly learned that Macedo had been pulling permits using the identity of others in several towns. The case will be prosecuted in the New Bedford District Court.

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http://www.abc6.com/news/86389667.html

Identity Fraud and Identity Theft in Massachusetts

Massachusetts General Laws Chapter 266 Section 37E prohibits Identity Fraud and Identity Theft in Massachusetts. The law states that anyone who uses someone else's personal identifying information for the purpose of making a financial gain shall be punished by up to two and one half years in the house of correction. This is a misdemeanor in Massachusetts. These crimes are becoming more prevalent in Massachusetts each day. It would not surprise me to see the potential punishment increased by the legislature in the near future, particularly in light of cases such as this one where someone is injured and without financial recourse due to the fraud.

Continue reading "Fall River Man Arrested And Charged With Identity Fraud" »

Rong Zhang was arrested at her Billerica, Massachusetts apartment and charged with Prostitution after police investigated incidents leading them to believe that she was running a prostitution ring from her home. The investigation started when neighbors complained about an unusual volume of activity at Zhang's home. Apparently men would enter the property and leave about one half hour later. Police began watching the apartment and confronted a man they saw leave and enter Zhang's home. The man said that he had responded to an add for a massage. Armed with that information the police, acting in an undercover capacity arranged for a massage of their own. When the officer entered the home he saw Zhang wearing seductive clothing. She started to negotiate fees for sexual acts. The officer then placed her under arrest. The case is pending in the Lowell District Court. Zhang has been charged with Sexual Conduct for a Fee.

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http://www.lowellsun.com/local/ci_14503995

Lowell Prostitution, Sex For a Fee Lawyer

Provided Zhang has no criminal record it is likely that she will get out of this mess without a criminal record. First offense prostitution cases are either dismissed or continued without a finding. Hiring an experienced criminal defense lawyer in this area can help to secure such a result. The crime is a misdemeanor carrying a maximum one year jail sentence and no minimum sentence. The act does not have to occur for the prosecution to get a conviction. Zhang was released on her own recognizance suggesting that she has either no criminal record or a very insignificant history.

Continue reading "Woman Arrested In Billerica For Prostitution" »

Carlos Vergara of Philadelphia, Pennsylvania and Ana Maria Feliciano of Brockton were arrested after undercover police officers purchased drugs from the pair in the South Shore Plaza parking garage. According to reports this was not the first transaction involving the two in recent times. It is alleged that Vergara and Feliciano sold drugs in the Stoughton area and will be facing charges there as well. As to this incident, officers arranged to meet the two at the mall. An officer entered their car where he bought four bags of heroin and four bags of cocaine. Surveillance officers immediately descended and made the arrest. Both now face charges of Conspiracy, Distribution of Cocaine, Distribution of Heroin and a School Zone Violation. The article does not say how officers initially learned of the drug dealings of the two. Charges are pending in the Quincy District Court.

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http://www.enterprisenews.com/news/x699611902/Couple-charged-with-selling-drugs-in-South-Shore-Plaza-garage

Hand to Hand Sales of Drugs in Massachusetts

Drug sales to undercover police officers are rarely a cut and dry completely indefensible matter. Usually the officers get to the suspects through informants who provide information about the person's drug activities. Many times the information is inaccurate. Informants often get paid for their services. They might get cash. They might get some consideration for a pending case of their own. Their pending case might even get dismissed. Police who use informants are obligated to prove that the informant was reliable, the the information he provided was truthful and at times must be sufficiently corroborated. If these standards cannot be met then the undercover "controlled" purchase might be suppressed. I have no doubt that Search and Seizure issues will come into play in this case.

Continue reading "Brockton Resident And Another Arrested For Drug Dealing In Braintree Mall" »