Massachusetts Criminal Defense Attorney Blog

Cesar Maldonado was at the 8th Street Tavern in Haverhill, Massachsuetts having some drinks. The bartender decided to stop serving him. She then went outside the bar for a break. Maldonado followed her. He entered his van, withdrew a .45, returned and pointed it at her. She ducked. Maldonado left in his vehicle. Someone got a plate number. Later that evening Maldonado was apprehended nearby. Police located the firearm which was determined to be stolen. Maldonado has been charged with Receiving Stolen Property Over $250, Possession of Ammunition, Carrying a Firearm and Assault With a Dangerous Weapon. The case in pending in the Haverhill District Court.

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http://www.eagletribune.com/local/x2009599235/Haverhill-man-arrested-after-pointing-gun-at-bartender

Massachusetts Gun Charge Defense Lawyer

If the prosecution can link Maldonado to the gun he is going to serve a minimum mandatory eighteen month house of correction sentence. The district attorney can make the connection by getting Maldonado's prints off of the gun or by having one of the witnesses identify the weapon. Maldonado's proximity to the firearm at the time it was found also factors into the carrying charge. The police do not have to actually find you holding a weapon to get a conviction on these charges. However, if there is no identification of the weapon and it was found at a remote location then this charge can possibly be defended with some success. Search and Seizure issues might be implicated depending on what the police did when they entered the home where the defendant was arrested. The constitutionality of their search will depend not only on their actions but the sequence of events.

Continue reading "Haverhill Man Who Was Not Served Beer Pulls Out Gun, Gets Charged With Gun Possession, Assault With Dangerous Weapon" »

Detectives from Ipswich, Massachusetts and Beverly, Massachusetts observed a car being driven by Brian Sotiropoulos. The police had prior dealings with Sotiropoulos and his girlfriend, Cassandar Thomas, both from Georgetown, Massachusetts. It has been reported that the two were arrested in Ipswich on another occasion for Possession With the Intent to Distribute Marijuana and Conspiracy. The officers followed Sotiropoulos to a location where they saw him engage in what appeared to be a drug transaction. Sotiropoulos was pulled over. A subsequent search of his car revealed Percocet pills and OxyContin pills. Authorities allege that Peter Dolan of Ipswich was the buyer of illicit substances during the purported transaction. He was found in possession of four Percocet pills. Also located in Sotiropoulos' vehicle was marijuana and Xanax. Both Sotiropoulos and Thomas are charged with Drug Trafficking, Conspiracy and Possession With Intent to Distribute Drugs. Dolan has been charged with Possession of Drugs. The cases are pending in the Newburyport District Court. The district attorney's office will most likely indict the trafficking cases and the prosecution will take place in the Essex County Superior Court in Salem.

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http://www.salemnews.com/local/x1772339275/Trio-arrested-on-variety-of-narcotics-charges

Massachusetts Drug Trafficking Defense Lawyer, Newburyport, Essex County, OxyContin

The easiest case to focus on given the limited information in this article is Thomas' exposure. By all accounts she was no more than a passenger in Sotiropoulos' car. She had no role in the alleged transaction. There is no evidence that she possessed or aided or abetted in any drug distribution efforts. Being present during the commission of a crime without more does not give rise to guilt. There must be more. There must be some type of active involvement and an intent to engage in criminal activity. Thomas might prevail on a motion to dismiss. Sotiropoulos will have to take a different approach to defending his case. One thing is certain. He will be moving to suppress the stop, search and seizure of his vehicle and its contents.

Continue reading "Two From Georgetown, One From Ipswich Arrested, Charged With Drug Trafficking, Possession" »

A thirty four year old pregnant woman told Lynn, Massachusetts police that she and her boyfriend, Juan Pablo Hernandez got into a fight. Supposedly Hernandez choked her. She fell and Hernandez then kicked her several times. He prevented her from contacting the police. Eventually she left the home for several hours. The following day the woman went to a medical facility for an evaluation. She returned home and she and Hernandez got into a verbal altercation. Afterwards, the woman went to the police station and made her formal complaint. Charges against Hernandez issued in the Lynn District Court. He is facing counts of Assault and Battery by Means of a Dangerous Weapon, Intimidation of a Witness, Domestic Assault and Battery and Assault and Battery on a Pregnant Woman. Hernandez denied all charges upon his arrest.

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Lynn, Massachusetts Man Accused Of Kicking, Choking Pregnant Girlfriend

According to Massachusetts General Laws Chapter 265 Section 13A Assault and Battery on a Pregnant Woman in Massachusetts is a felony. It carries with it a possible five year state prison sentence. Most of these cases are prosecuted in the district court where the maximum penalty that can be imposed is two and one half years on the house of correction. Hernandez might have some viable defenses to this case. The complainant took her time reporting the incident to the police. Even after receiving medical treatment she returned home to Hernandez. It was not until after they had a verbal argument that she made her complaint. Jurors might think that anyone in her position would contact the police immediately. They might also wonder why she returned to him the night of the alleged assault and the next day after receiving a medical evaluation. Cases like this are often triable from a defense perspective. Common sense suggests that something is terribly wrong with this story. That something could create a reasonable doubt in the mind of the factfinder.

Continue reading "Lynn Man Charged With Domestic Assault After Choking Pregnant Girlfriend" »

Thomas Colbert of Brockton, Massachusetts was arrested Monday and charged with Trafficking Marijuana. It was reported that Colbert went to a shipping facility where marijuana had just been delivered. He arrived in a rented truck. Apparently authorities had been tipped off by a trucking company in Abington that suspicious packages had been delivered from a California address. Drug sniffing dogs alerted police to the possibility that the packages contained marijuana. Colbert, a local wedding photographer tried to take possession of the packages and was arrested. Police located about seven hundred pounds of marijuana in the boxes. The drugs were "professionally wrapped" to conceal the odor of the drugs. The street value of the substance is estimated at over one million dollars. Colbert's relatives pooled their money and came up with the forty thousand dollars bail money.

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http://www.boston.com/news/local/massachusetts/articles/2010/08/18/abington_arrest_nets_1m_in_marijuana/

Plymouth County Superior Court Marijuana Trafficking Lawyer

Massachusetts General Laws Chapter 94C Section 32E is the charge Colbert must defend in this case. The law in Massachusetts states that anyone convicted of Trafficking Marijuana in Excess of one hundred pounds and less than two thousand pounds must serve a minimum mandatory three year sentence if convicted. The key to the prosecution's success in this case will be established by Colbert's actions at the time he was at the trucking facility coupled with any evidence preceding his arrival suggesting that he intended to access the substance. Renting a truck is certainly a factor that works against him absent a realistic and innocent explanation for that act. What strikes me as odd in this case is that the sender went to great lengths to ensure that the marijuana was packaged in a manner to would avoid drug detection by dogs. Apparently they used fabric softener, shrink wrap, newspapers and grease to mask the odor. How then did the dogs end up smelling the substance. If law enforcement opened the substance prior to the dogs alerting them to their finding then Search and Seizure issues are implicated and perhaps a Motion to Suppress might succeed.

Continue reading "Brockton Man Charged With Trafficking Marijuana Posts $40,000 Bail" »

David Casey of Peabody is being held on one thousand five hundred dollars bail out of the Lynn District Court. He is charged with Assault and Battery by Means of a Dangerous Weapon and Malicious Destruction of Property. It is alleged that on Wednesday night police from Saugus were called for a report of shots being fired. They arrived to find a man with blood on his hands and his face. They then learned that Casey had driven by a Saugus home and shot at three people on a porch. One of the people was shot in the leg. The victim then chased and caught Casey. The two fought. Casey struck the victim with the gun in the head. The victim then hit Casey in the face several times. Casey was apprehended. No one needed medical treatment.

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Gun, Assault Charges for Peabody Man Who Shot at Saugus Man

Saugus, Peabody, Lynn Firearms Defense Lawyers

Cases like this are usually prosecuted in the district court. The Assault and Battery by Means of a Dangerous Weapon charge carries a possible ten year state prison sentence. The weapon charge carries a possible five year state prison sentence. Both are felonies. Both can be prosecuted however in the district court where the maximum sentence is two and one half years in the house of correction. These are serious charges. Most people do not know that even though the weapon used here is a BB gun there is still a mandatory minimum eighteen month house of correction sentence that Casey must serve if he is convicted of this crime. This is why he needs an Experienced Massachusetts Criminal Lawyer to defend him.

Continue reading "Peabody Man Charged With Assault And Battery Dangerous Weapon After Pistol Whipping Saugus Man With BB Gun" »

Francis O'Leary and Brian Aylward both of Lowell, Massachusetts have been charged with Trafficking in OxContins in Middlesex County. According to a report in the Lowell Sun, Lowell police were told that O'Leary was on his way to the scene of the arrest to pick up some drugs. The police were also tipped off as to what Aylward looked like and the type of car he would be driving. Confirming the tip the police saw the car. They pulled it over for an expired sticker. During a search officers located marijuana, heroin, oxycontins and percocets as well as a significant amount of money. Both O'Leary and Aylward have served lengthy state prison sentences. Some of the charges issued include a School Zone Violation, Trafficking Class B, Possession With Intent to Distribute Class C, Possession with Intent to Distribute Class D, Possession of Class B, Possession of class A, Heroin, Conspiracy and more.

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Two From Lowell With Felony Convictions Charged With Drug Trafficking

Typical to any drug case involving a stop and search of a motor vehicle the key to the defense of this case will likely rest on the constitutionality of the Motor Vehicle stop. Here, the question will be "Did the expired inspection sticker give police the right to further search the car or was there some other reason that the search ensued?". Additionally, the credibility and reliability of the informant may come into play. The basis of the information supplied by this person to law enforcement and whether or not this person has proven to be reliable in the past are factors to be weighed when determining whether or not a constitutional violation has occurred.

Continue reading "Two Lowell Men Arrested, Charged With Drug Trafficking, OxyContins" »

This past Sunday Angel Ruiz of Lawrence, Massachusetts was arrested in the early morning hours. Authorities allege that Ruiz Raped and beat a woman with whom he had a relationship. Neighbors heard the woman screaming. Officers responding to the scene were informed that cut the woman and left the house. The woman was airlifted to a Boston hospital for treatment. The woman's children were home at the time of the attack. Ruiz has been charged with Violation of a Restraining Order, Aggravated Rape, Assault and Battery, Larceny and Intimidation of a Witness. The case will be prosecuted in the Essex County Superior Court in Salem. The victim was released from the hospital.

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http://www.eagletribune.com/local/x1388784548/Man-charged-in-violent-rape

Massachusetts Rape Defense Lawyers

Ruiz is facing a big fight. These charges are severe. The Rape charge carries a maximum sentence of life pursuant to Massachusetts General Laws Chapter 265 Section 22(a). This is the more severe Rape Charge, commonly referred to as Aggravated Rape. The district attorney will have to prove not only non-consensual sex but also that the act resulted in serious bodily injury. That aspect of the law might appear satisfied by the fact that the victim was cut and that her injuries necessitated hospitalization. If the prosecutor cannot meet its burden as to the aggravated portion of the offense then there is a maximum twenty year sentence for a conviction of this crime. Either way, if this article is factually accurate Ruiz is facing a lengthy state prison sentence if his is convicted. As with any serious case in this jurisdiction, Ruiz needs to Hire an Experienced Massachusetts Rape Defense Lawyer.

Continue reading "Lawrence Man Arrested For Rape, Violating Restraining Order Against Former Girlfriend" »

Back in 2003, after receiving complaints about unusual activity in an apartment building Lowell Police began an investigation. They eventually learned that a woman, "Jane Doe" was running a prostitution ring out of her apartment. An undercover officer went to her apartment looking for sex. An arrest of a thirty eight year woman from Newton was made. She in turn told officers that she was hired by Doe as a prostitute. Apparently Doe was initially running her business in Maine. She moved to Lowell in 2000 when Maine police shut her down. Other reports have her working in Lowell since 1995. Doe also operated in Waltham and Methuen. She had as many as eight prostitutes working for her at one time. Doe defaulted in 2004. She allegedly confessed to having worked in the prostitution business for nearly thirty years. Charges of Deriving Support from Prostitution, Keeping a House of Prostitution and Procuring a Place for Prostitution are pending in the Lowell District Court.

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Massachusetts Prostitution Defense Attorney

The crime of Deriving Support from a Prostitute is a felony and punishable by up to five years in state prison. There is a two year mandatory minimum sentence for anyone convicted of this crime. There does not appear to be concurrent jurisdiction with the district court so there is a chance that this charge will either be dropped or indicted to the Middlesex County Superior Court in Woburn. The crime of Keeping a House of Ill Fame is punishable by a maximum sentence of two years. Procuring someone to Practice Prostitution also has a maximum sentence of two years. The article fails to state at which phase of the prosecution Doe went into default. If the witnesses are still available to testify against her and her confession survives a Motion to Suppress a plea bargain will likely follow. The severity of her sentence will depend on what charges the district attorney is adamant about prosecuting, the judge who presides over the case and the Experience of Doe's Massachusetts Criminal Attorney.

Continue reading "Maine Woman Facing Old Charges For Running Prostitution Ring In Lowell" »

Justin Legault and Corey Douglas of Lynn, Massachusetts and Steven Piazzo of Saugus, Massachusetts have all been charged with Breaking and Entering in the Nighttime with the Intent to Commit a Felony and Larceny. According to the Lynn Item the three broke into a liquor store on Western Avenue and stole some bottle of vodka. Police were called to the scene around 2:00 a.m. Tuesday. They found Piazza and Douglas covered with soot, consistent with the fact that the liquor store had been partially destroyed by fire previously. Witnesses saw Piazza drop a duffel bag. When the police located the bag they found inside four vodka bottles. The bottles were smoke damaged. This case will be prosecuted in the Lynn District Court.

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Essex County Criminal Defense Lawyer, Breaking and Entering, Larceny

Lynn, Massachusetts Burglarly Lawyers

Absent any prior criminal history none of these men should have a criminal conviction from this case. The case, while serious is one for which district attorneys and judges tend to show some compassion. Most of the time cases like this one are continued without a finding. This leaves the defendant with a record that courts can access in the event a defendant gets in trouble again. It informs the parties that the person got a break on a previous case. The Breaking and Entering charge carries a possible twenty year prison sentence. It is a Felony in Massachusetts. The Larceny charge is also a felony carrying with it a maximum five year state prison sentence.

Continue reading "Teens From Lynn, Saugus Charged With Breaking And Entering, Larceny" »

Tyrone Farrar of Lawrence, Massachusetts was arraigned yesterday in the Newburyport District Court on charges of Statutory Rape. Farrar, a security guard at the Frost School is accused of having consensual sex with a fourteen year female student from that school. Initially, Farrar, the victim and the victim's mother all denied that Farrar's relationship with the girl was of a sexual nature. This changed however this past weekend when Farrar was arrested for OUI Drugs in Salisbury, Massachusetts with the girl in the car. The prosecution alleges that after the arrest both Farrar and the girl admitted to having sexual relations on several occasions over the past year. The victim claims that the sex started when she was thirteen years old. Reports state that Farrar was also the girl's basketball coach. Farrar has been held without bail pending a dangerousness hearing. Charges are now pending in the Newburyport District Court. The Rape of a Child charges will be indicted and prosecuted in the Essex County Superior Court in Salem.

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http://www.eagletribune.com/local/x1243783675/Lawrence-school-security-officer-charged-with-statutory-rape

Essex County Statutory Rape Defense Lawyer

Farrar is in a lot of trouble. Back in June of this year a Melrose, Massachusetts basketball coach, James Connor plead guilty to similar charges and was sentenced to twenty to thirty years in state prison. Connor was fifty two years old at the time. He will be eligible for parole when he is seventy two years old. While many people think that the "consensual" nature of Statutory Rape (Rape of a Child in Massachusetts) lends itself to leniency often times it does not. Farrar, as a security guard and coach is in a position of trust when it comes to the development and safety of the people under his care. A violation of that trust particularly in a sexual manner is often punished harshly in Massachusetts. The sexual acts, helping the victim sneak out of her house, the presence of drugs and a firearm, having the girl out into the early hours of the morning will all factor into his sentence if Farrar is convicted. In so many regards this case presents great challenges for Farrar's Massachusetts Criminal Defense Attorney.

Continue reading "Lawrence Security Guard, Coach, Charged With Statutory Rape In Essex County" »