Massachusetts Criminal Defense Attorney Blog

The Brockton Enterprise reported today that George Lunt of Plymouth, Massachusetts has been charged in Massachusetts Federal Court with two counts of Transportation of Child Pornography and One Count of Possession of Child Pornography. The indictment reflects incidents alleged to have occurred in November of 2008 and January of 2009. The article provided no detail of the criminal activity nor were there any detailed press releases.

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http://www.enterprisenews.com/news/cops_and_courts/x1621115924/US-attorney-brings-child-pornography-charges-against-Plymouth-man

Massachusetts Child Pornography Defense Lawyer

Transporting Child Pornography and Possessing Child Pornography are Federal Crimes proscribed by 18 U.S.C. Section 2252A. The law prohibits Receiving Child Pornography, Distributing Child Pornography and Reproducing Child Pornography. It makes no difference whether the material is physically in a person's possession or on his or her computer. Transportation of Child Pornography under this statute carries a five year minimum sentence and a maximum of twenty years. Possession of Child Pornography carries no minimum and up to ten years in prison. There are affirmative defenses to these charges. If the person portrayed as a child was actually an adult at the time the material was produced no crime has been committed. The article makes no mention of the facts of the acts George Lunt is alleged to have committed.

Continue reading "Plymouth Man Charged With Transportation Of Child Pornography In Massachusetts Federal District Court" »

On April 29, 2010 the manager of a local storage company contacted the Framingham Police to report an incident. He stated that around 6:30 p.m. an employee heard his wife tell someone that they could not urinate on the outside of the business property. The offender then turned towards the woman, penis in hand. She complained. He responded that if she was offended then to stop looking. A male employee then attempted to confront the man who by that time was sitting in his SUV. The driver of the SUV, a police officer pointed a gun at him and stated "move it or get shot; you are interfering with the police". The officers being accused are Scott Brown and Lenny Pini. Apparently the storage facility manager provided police with security videos.

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http://www.metrowestdailynews.com/news/police_and_fire/x88774638/Framingham-cop-accused-of-gun-threat

Assault by Means of a Dangerous Weapon Lawyer Massachusetts

Massachusetts General Laws Chapter 265 Section 15B states that anyone who assaults someone with a dangerous weapon is guilty of a felony and faces up to five years in state prison. To proved someone guilty of this offense the district attorney must prove that the accused used "an outward demonstration of force" and that he or she had the "apparent ability to injure" the victim. Certainly brandishing a gun alone would satisfy the elements of the offense. That, coupled with a verbal threat makes the prosecutor's case even easier to prove. The surveillance videotape provides an interesting twist to this case. If the video is clear and corroborates the witnesses' account of the crime the officers are in trouble. If however it is not so clear and tends to show exaggeration on the part of the manager this case becomes more defensible.

Continue reading "Framingham Police Officers Being Investigated For Assault With A Firearm" »

Brandon Payne of Lynn, Massachusetts was arrested last week and charged with the Attempted Murder of Elder Palma. He joins co-defendants Earl Damico and Darkens Bonnett, also charged in connection with last week's shooting. Payne is also facing charges of Possession of a Firearm, Possession of Ammunition, Breaking and Entering in the Nightime, Receiving Stolen Property Valued in Excess of $250 and Possessing a Firearm in During the Commission of a Felony. The case is currently pending in the Lynn District Court but it is expected that this case will be prosecuted in Salem in the Essex County Superior Court. It is expected that Payne will be held without bail as is the case with Damico and Bonnett.

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Essex County Massachusetts Firearms, Violent Crimes Lawyer

Boston, Massachusetts Felony Defense Lawyer

Massachusetts General Laws Chapter 265 Section 18B states that anyone who possesses a firearm during the commission of or attempted commission of a felony is guilty of an additional offense, requiring a mandatory minimum five year state prison sentence. If the weapon is a large capacity weapon there is a ten year minimum mandatory sentence. Judges are not permitted to suspend these sentences nor can they place the defendant on probation. This statute gives the district attorney a significant advantage during the plea bargaining process. In exchange for them dropping this charge they will at times offer a reduced sentence on a plea to the other charges. This provides them with great leverage early on.

Continue reading "Arrest Made In Connection With Shooting In Lynn, Suspects Charged With Attempted Murder, Gun Possession" »

Elizabeth Cushman, also known as Mama Deuce is being held on two thousand five hundred dollars cash bail for supposedly threatening a witness on a Domestic Violence case. It is alleged that Cushman who might have a role in the Deuce Boyz organization called and left a threatening message on the voicemail of a victim in a case involving Raymundo Henriquez, the reputed leader of the Deuce Boyz, a Lynn based street gang. Cushman is thirty nine years old. She has a history of Firearms Charges. There are also allegations that Henriquez has threatened the same woman whom authorities claim he assaulted a while ago. The case is pending in the Salem District Court.

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http://www.salemnews.com/local/x712215916/Woman-charged-with-threatening-a-witness

Witness Intimidation in Massachusetts

In Massachusetts the crime of Intimidation of a Witness is proscribed by G.L. 268 Section 13B. The law states that anyone who threatens, injures, emotionally assaults or otherwise intimidates a potential witness in a case is guilty of a felony and faces up to ten years in state prison. The legislative intent of the statute is to protect witnesses from being intimidated or harassed so that they do not become reluctant to give truthful evidence in investigatory or judicial proceedings. An essential element of the crime is the offer of a bribe or the use of intimidation, force, or the threat of force. The district attorney must prove all elements beyone a reasonable doubt. Intimidation has been defined as putting person in fear for purpose of influencing his or her conduct.

Continue reading "Lynn Woman Charged In Salem With Witness Intimidation" »

In Graham v. Florida the Supreme Court of the United States held that the Eighth Amendment's prohibition against cruel and unusual punishment prohibits a juvenile offender to be sentenced to life in prison without parole for a nonhomicide crime. In 2003 Graham was sixteen years old. He and some friends tried to rob a Jacksonville, Florida restaurant while masked. They were unsuccessful but in the course of the activity the restaurant manager suffered an injury that required stitches to his head. Graham was prosecuted as an adult. The statute under which he was prosecuted permitted a sentence of life without the possibility of parole. Pursuant to a plea agreement Graham's lawyer succeeded in having him placed on probation for three years. There was no adjudication of guilt at the time the plea agreement was accepted. Presumably, if Graham complied with the terms of probation he would not have a criminal record at the conclusion of the probationary period. Several months later Graham was alleged to have been involved in another crime. Accordingly, his probation officer sought to have him violated. A judge agreed that Graham was in violation of his probation. In accordance with that decision a finding of guilty entered on the 2003 case. The judge then sentenced Graham to life in prison without the possibility of parole.

Reversing the Florida Court's sentence the United States Supreme Court held that "Graham deserved to be separated from society for some time in order to prevent... an escalating pattern of criminal conduct,...but it does not follow that he would be a risk to society for the rest of his life." A sentence of this length against a juvenile offender deprives him of the chance "to demonstrate growth and maturity". In a somewhat cautious twist however the Supreme Court held that states to not have to guarantee "eventual freedom to a juvenile offender convicted of a nonhomicide crime". The juvenile offender must however be given "some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation".

The Court noted that thirty seven states, the District of Columbia and a federal statute permit life sentences without the possibility for juveniles convicted of nonhomicide offenses. Six states forbid any life sentence for juvenile offenders, Alaska, Colorado, Montana, Kansas, Kentucky and Texas. Ironically, each of those states with the exception of Alaska has a death penalty. Massachusetts allows for life without parole for juveniles found guilty of murder only.

Perhaps there is now hope in Massachusetts. Challenges to life sentences imposed against juveniles convicted of murder will likely be challenged on Eight Amendment grounds. There is ample dicta in Graham suggesting that statutes for life sentences without the possibility of parole should be reassessed. In accordance with G.L. c. 265 Sec. 2, Massachusetts mandates life without parole upon murder convictions of juveniles.

Jonathan Chenevert is from Evansville, Indiana. He has an Indiana Firearms License for two guns. He is in Massachusetts to work on a water tank in Essex County and he is staying in a local hotel. Just the other day, a member of the hotel housekeeping staff found one of the guns under his pillow. The other was found in a storage container in Chenevert's room. Law enforcement was called. Now, Chenevert is facing Gun Possession Charges in the Salem District Court. The reason is that even though he is properly licensed in Indiana he did not have a firearms identification card, a requirement under Massachusetts law. In addition, it is alleged that he did not properly store the guns. Bail was set in the amount of one thousand dollars.

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http://www.salemnews.com/local/x1414106047/Man-charged-after-gun-found-in-his-hotel-room

Cases like this one are unfortunate but not unique. The defendants, in this case Chenevert, always believe that they have the lawful right to possess a firearm. After all, they properly purchased the weapon. They properly registered the weapon. They are properly licensed to own and carry the weapon. Knowing that to be the case they handle the item as they expect they can, completely unaware of the potential consequences. They take the firearm out of state as they believe they can. Then they travel to Massachusetts and unbeknownst to them the rules change. Now they are committing a crime. With a good, Experienced Massachusetts Criminal Defense Attorney cases like this one can be dismissed even though the law required a mandatory eighteen month jail sentence. Hiring a Criminal Lawyer in Massachusetts can be the most critical decision of your life. Make sure the lawyer you retain has defended cases like this and that he or she focuses on defending the accused. Gun Possession is a felony and in these circumstances you should not have a conviction.

Continue reading "Indiana Man Charged With Gun Possession In Salem Even Though He Had A Firearms License" »

The Waltham News Tribune reports that Justina Morin of Adams Street has been charged with Possession of Cocaine and Possession With the Intent to Distribute Cocaine. According to the police, last Thursday Morin sold about three and one half grams to an undercover officer. Morin texted the officer and made arrangements to meet him at a specified location for the purpose of selling cocaine to him. This was not the first time Morin sold to this officer. On April 8, 2010 she allegedly sold him one hundred dollars worth of cocaine at a Dunkin' Donuts parking lot on Main Street. Morin has been released on personal recognizance. The case will likely be prosecuted in the Waltham District Court.

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http://www.dailynewstribune.com/news/copsandcourts/x1773732506/Waltham-woman-accused-of-selling-cocaine

Waltham, Massachusetts Cocaine Sales Defense Lawyer

Hand to hand sales to undercover police officers can be difficult to defend. A typical defense in cases like this is entrapment. Most people think that police officers acting in an undercover capacity give rise to an entrapment defense. It does not. Rather, to prevail under this theory it must be established that the defendant was not predisposed to dealing drugs and that the undercover police pressured him or her in a way that overcame their will not to sell drugs. Even the most Experienced Massachusetts Drug Crimes Defense Lawyers find difficulty in successfully presenting entrapment defenses.

Continue reading "Waltham Woman Charged With Cocaine Possession, Distribution After Selling To Undercover Officer" »

A Lynn, Massachusetts police officer who was on Essex Street observed a car with five people traveling near him. He detected an odor of marijuana coming from the car. He followed the car and noticed that it did not have an inspection sticker. He pulled it over and questioned the driver, Toniea Coleman. Coleman was told that she was being stopped due to the odor of marijuana. All occupants were asked to get out of the car. Once they did they were searched. One of the passengers, Kerlin Aubourg had a large amount of cash in his possession. The rear passengers, Andre Sanders, Ali McMillan and Tyla Monteiro were taken from the car. Sanders was found to be in possession of marijuana. Monteiro was found in possession of marijuana. There were open containers of alcohol in the car. A loaded firearm was found in the trunk of the car. Seven grams of crack were found in the car as well. Authorities allege that Monteiro admitted that the gun belonged to him. He has been charged with Possession With Intent to Distribute Class B, School Zone Violation, Possession of Ammunition and Possession of a Firearm. Monteiro was also found in possession of additional crack cocaine. The others face the same charges. Aubourg is from Malden, the rest are from Lynn.

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Lynn, Massachusetts Drug Possession, Distribution, School Zone, Firearm Lawyer

Search and Seizure Lawyers In Massachusetts

Since the new marijuana laws went into effect there has been a considerable amount of litigation centering on what now constitutes a lawful stop when police officers smell marijuana. Possession of one ounce or less of marijuana is no longer a crime in Massachusetts. It is a civil infraction punishable by a fine of one hundred dollars. Thus, the question now is what right do police officers have to stop a car simply because they smell marijuana. Police must have a reasonable suspicion to stop a car and question its occupants. The officers must have specific and articulable facts that the people committed a crime. Here, it is questionable as to whether or not an officer can truly smell burning marijuana in a traveling vehicle. Supporting that contention is the absence of any evidence showing that marijuana had in fact been smoked. Also in this case there were five people involved. The article does not make clear who the officer suspected of criminal activity. It is unlikely that this stop will survive constitutional scrutiny as to all defendants, particularly if all defendants Hire an Experienced Massachusetts Criminal Lawyer.

Continue reading "Five Arrested In Lynn, Gun And Drug Charges Filed" »

Around 2:00 a.m. Monday morning Taunton, Massachusetts police received a 911 call from a woman who had locked herself in a bathroom after having been beaten by her boyfriend according to the Brockton Enterprise. The officers who responded located the woman in the bathroom and appearing scared. She alerted them to the fact that her boyfriend, Peter Azille was hiding behind the bathroom door. The two were separated. Azille yelled to the woman not to talk to the police. He maintained an aggressive attitude towards law enforcement officials, was handcuffed and arrested. The woman refused medical treatment yet due to her representations Azille was charged with Kidnapping and Domestic Assault and Battery. His actions towards the police and witnessed by the police resulted in him being charged Witness Intimidation and Resisting Arrest.

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http://www.enterprisenews.com/news/cops_and_courts/x1920417408/Taunton-man-charged-with-kidnapping-assaulting-girlfriend

Massachusetts Criminal Lawyer, Resisting Arrest

As I have mentioned many times in the past Resisting Arrest in Massachusetts is all to often a charge issued against people who have been assaulted by the police during the course of an arrest or investigation. Many times police officers try to deflect their violent, aggressive and at times illegal conduct by charging suspects with crimes that they did not commit, simply to avoid being sued for their behavior. Assault and Battery on a Police Officer is another such charge brought for the same reasons. Each and every time I meet with a client who has been charged with Resisting Arrest or Assault and Battery on a Police Officer the client has been visibly beaten and bruised by the police officer who created the charge. Here, given that the victim did not receive medical treatment and is the defendant's girlfriend there stands a chance that the Kidnapping and Domestic Crimes will not be prosecuted successfully. That is why it is imperative that Azille Hire a Massachusetts Criminal Lawyer who has experience defending charges of violence against police officers.

Continue reading "Southeastern Massachusetts Man Charged With Kidnapping, Domestic Assault On Girlfriend" »

Around 3:00 a.m. Monday Lynn, Massachusetts police responded to a call for an Assault. The victim reported that her child's father, Anthony Gainey knocked on her door. When she answered he pushed the door open, entered the apartment and threw her into a wall. Once she fought back Gainey pulled out a firearm, put it to her head and threatened to kill her. She screamed and Gainey left the home. He entered a vehicle in which co-defendant Keron James Franklin was seated. Police located the car and arrested the occupants, Gainey and Franklin. Franklin was found in possession of a Knife, Crack Cocaine, Percocet pills and Marijuana. He is being charged with Distribution of Class D and Distribution of Class B. Gainey is being charged with Breaking and Entering With the Intent to Commit a Felony, Assault and Battery by Means of a Dangerous Weapon and Domestic Assault and Battery.

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http://www.thedailyitemoflynn.com/articles/2010/05/11/news/news14.txt

Domestic Violence Defense Lawyers in Massachusetts

Cases charging defendants with acts of Domestic Violence in Massachusetts can be difficult for district attorneys to prove. Take for instance this case. Gainey and the complainant had a relationship that produced a child. Issues centering on children are often emotionally charged. People say and do things that they do not mean or are not true. It is unlikely that Gainey really had a gun. If he had the presence of mind to rid himself of the weapon after this dispute it would be due to his fear that the police were looking for him. It would logically follow that Franklin would then get rid of his drugs. Gainey's might defend this case by suggesting the complainant is lying. Absent corroboration of her story this might be a viable defense. Franklin faces a different situation. His defense will center on the legality of the Search and Seizure. Absent reasonable suspicion the police had no legal reason to frisk him. Franklin was not in any way involved in the incident at the woman's apartment. He was simply in a car, waiting for Gainey. Absent an articulable suspicion the pat frisk might be deemed illegal and Franklin's case could be dismissed in its entirety.

Continue reading "Lynn Men Arrested, Face Gun, Drug And Domestic Violence Charges" »

Quincy drug unit detectives arrested Javier Vargas two days ago after he was observed engaged in a drug deal with another Massachusetts man. The location of the deal was the Crown Colony officer park, an area that has recently seen an increase in Drug Distribution activity. According to reports in the Quincy Patriot Ledger Vargas and another were seen following one another, coming to a stop side by side and engaging in suspicious activity. As the cars separated police contacted the alleged purchaser who had just injected heroin in the parking lot. This individual provided information about Vargas and was not charged with a crime. Police then located Vargas, pulled him over and searched him and his car. They located twenty eight bags of heroin. Vargas who is from West Roxbury was charged with Distribution of Heroin, Trafficking Heroin and a School Zone Violation. The case is pending in the Quincy District Court but will likely be indicted and prosecuted in the Norfolk Superior Court in Dedham.

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http://www.patriotledger.com/news/cops_and_courts/x1773729607/Surveillance-by-Quincy-police-nets-an-alleged-West-Roxbury-heroin-dealer

Quincy and Dedham, Massachusetts Drug Trafficking Defense Lawyer

Usually in cases like this one the person who is caught buying the drugs gets charged with possession, particularly where he or she is seen injecting the drugs. This is done for a couple of reasons. First, the user or purchaser just committed a crime. Second, if charged he will Hire a Massachusetts Criminal Lawyer which will eliminate him as a potential witness in the case. As a Massachusetts Drug Trafficking Defense Lawyer I would have my investigator contact the purchaser to see if his story matched the facts related in the police report. If not this individual might be a valuable witness either at trial of to attack the validity of the Search and Seizure of Vargas.

Continue reading "West Roxbury Man Arrested For Trafficking, Distribution Of Heroin And School Zone Violation In Quincy" »

Linda Ricciardelli is forty three years old. She is a bus driver. She has been charged with Trafficking Heroin and Trafficking Oxycontin. She is also facing Gun Charges in the Lynn District Court stemming from the same investigation. According to the Salem News an investigation started after Ricciardelli's neighbors made unspecified complaints to police. A series of controlled buys of drugs from Ricciardelli was conducted. Yesterday she was arrested after selling one hundred fifty eighty milligram Oxycontins to an undercover person. Ricciardelli's home was subsequently searched. The search revealed a substantial amount of cash, heroin and Percocets. Previous undercover buys from Ricciardelli in Lynn resulted in the seizure of Firearms. Bail has been set at five thousand dollars cash. As of now Ricciardelli has been charged with Trafficking, Possession With Intent and Possession of Controlled Substances.

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http://www.salemnews.com/local/x1036628224/Woman-charged-in-sales-of-guns-opiates

Peabody Drug Trafficking Defense Lawyer, Heroin, Oxycontin

Massachusetts Courts have stated that information establishing that a person is guilty of a crime does not necessarily constitute probable cause to search the person's home. Similarly, probable cause to expect that drugs will be present in a home is not established by the fact that the defendant lives there. Even if the defendant drives from his home to the location of a drug transaction, and returns to his home on the transaction's conclusion, that, with nothing more does not provide probable cause to issue a search warrant. As a Massachusetts Criminal Lawyer with Experience Defending Drug Cases I would be interested in learning more about this investigation. If Ricciardelli is able to prevail on a Motion to Suppress man of the charges against her will be dismissed.

Continue reading "Peabody Bus Driver Charged With Trafficking Heroin, Oxycontin Released On Bail" »

Rafael Diaz of Lawrence, Massachusetts has been charged with Assault With Intent to Murder and Assault and Battery by Means of a Dangerous Weapon after stabbing a patron at a Lawrence nightclub this past Saturday. The victim, Javier Laboy was treated at Lawrence General Hospital and gave a description of Diaz. The police located Diaz at his home. He greeted the officers with a box cutter in his hand. His clothes had blood on them and he had a lump on his forehead. Diaz offered information that suggests Laboy might have been the first aggressor. The case is pending in the Lawrence District Court. If Laboy's injuries are insignificant and Diaz has an unremarkable it is not likely that this case will be indicted to the Essex County Superior Court in Salem.

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http://www.eagletribune.com/local/x537290981/Man-stabbed-in-fight-at-social-club

Self Defense in Massachusetts

In Massachusetts if the defense of Self Defense is presented it is the obligation of the prosecution to prove beyond a reasonable doubt that the accused did not act in self-defense. Everyone has the right to defend himself. To do so however the following circumstances must be present: 1) that the defendant had a reasonable belief that he was being attacked or about to be attacked; 2) the he limit the force he uses to that which is reasonably necessary under the circumstances and 3) that he do all he reasonably can to avoid combat. In close cases judges in Massachusetts are supposed to give the defendant the benefit of any doubt and give a self-defense instruction. Depending on what happened at the nightclub self-defense might be an option for Diaz to set out at trial. It would be interesting to see what the patrons who witnessed the incident have to say.

Continue reading "Lawrence Man Arrested, Charged With Assault And Battery After Stabbing At Nightclub" »