Massachusetts Criminal Defense Attorney Blog

Danvers, Massachusetts Police officer Graig Lebrun was on a routine patrol when he decided to run the plates on a 1996 Mitsubishi. The plates were reported stolen and the car was pulled over. It was also determined that the car owner had outstanding arrest warrants. Just before pulling the car over Lebrun saw the driver make movements and lean over as if he were trying to hide something. He then arrested the driver, Robert Kaufman of Lynn, Massachusetts. In Kaufman's possession the police found over nine grams of crack cocaine. Kaufman has been charged with Possession With Intent to Distribute Cocaine and a School Zone Violation. The cocaine was packaged in twenty eight bags. The case is being prosecuted in the Salem District Court.

Read Article:

http://www.salemnews.com/local/x535473515/Driver-charged-with-crack-crimes

Salem, Massachusetts Criminal Lawyers, Possession With Intent, Cocaine

People who follow this blog know that cases like this one hinge on the strengths and weaknesses of the stop, Search and Seizure. If the police lacked probable cause to make the stop the case against Kaufman will be dismissed. This case presents some interesting facts. The report of "stolen plates" is somewhat suspect in that the plates belonged to the car Kaufman was driving. Getting copies of the turret tape is a way to check that the officer had the information he claims he had when he went after Kaufman. The warrants provide a stronger basis for the stop. However the timing of the officer's knowledge of that information will play a critical role in this case. If he learned about this only after an unconstitutional stop then the events might warrant dismissal. His report coupled with the dispatch (turret) tapes will help determine the legality of the police officer's actions.

Continue reading "Danvers Cop Stops Lynn Man, Finds Crack Cocaine, Drug Charges Filed" »

This past weekend Lawrence, Massachusetts police responded to a call for a fight.
While on their way to the scene the officers were apprised that shots were fired. They arrived and saw two men fleeing. Officers were initially able to stop Rafael Ortega. Ortega's girlfriend told the police that she and Ortega were at a party. A couple of guests arrived and trouble started. One of the guests called the girlfriend a name. She pushed him in the face. He responded by punching her in the face. Ortega came to her defense. The man was armed. Ortega disarmed him to protect himself and his girlfriend. He also fired one or two shots to scare the individual away. When he heard the police cars Ortega fled and discarded the weapon. He told this story to the police and led them to the weapon. Ortega has been charged with Discharging a Firearm Within 500 Feet of a Dwelling and Within 100 yards of a Street, Possession of a Firearm, Carrying a Firearm and Possession of Ammunition. The case is pending in the Lawrence District Court. This case might be indicted and prosecuted in the Essex County Superior Court in Salem.

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http://www.eagletribune.com/local/x124776832/Two-facing-gun-charges-following-fight

Massachusetts Gun Charge Lawyer

If Ortega's story is true he has a legitimate defense to this case. Massachusetts law permits you to defend yourself. Ortega had every right to disarm his assailant. When he did, his possession of the weapon did not constitute a crime. Rather, this is lawful behavior consistent with self-defense or the defense of another, his girlfriend. What gives Ortega's story a ring of truth is twofold. One, his girlfriend provided this information to the police at the time of the incident thereby quieting any thought of this being a fabrication. Second, Ortega was cooperative with the police and essentially told the same story. It would not surprise me at all to see Ortega acquitted either after a trial or after a motion to dismiss.

Continue reading "Lawrence Man Who Was Defending Himself And His Girlfriend Charged With Gun Possession" »

Last week Newton residents Steven Elliott and Kristin Kimball pleaded not guilty at their arraignment. Both stand charged with Rape of a Child, Posing a Child in the Nude and Contributing to the Delinquency of a Minor. Elliot is also charged of Aggravated Rape of a Child and Possession of Child Pornography. The incident is alleged to have occurred in Marlborough, Massachusetts. Elliott was released on five thousand dollars bail. Kimball was released on her own recognizance. The case is being prosecuted in the Middlesex Superior Court in Woburn. No further details were given in the article referenced below nor does the Middlesex County District Attorney's Office reference this case in its press releases.

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http://www.wickedlocal.com/newton/news/x1380095779/Newton-residents-charged-in-Marlborough-child-rape

Posing a Child in the Nude, Massachusetts

The crime of Posing a Child in the Nude is proscribed by Massachusetts General Laws Chapter 272 Section 29A. There are several subsections of that law. The law itself is designed to punish anyone who is involved in exhibiting someone under the age of eighteen in a state of nudity, "for the purpose of representation or reproduction in any visual material". The statue has a ten year minimum sentence and a maximum of twenty years. Consent is not a defense to these charges. Whereas the defendants also face charges of Rape of a Child, a child being under the age of sixteen, it is clear that the victim in this case must be younger than sixteen.

Continue reading "Two Newton Massachusetts Residents Arraigned On Charges Of Rape Of A Child, Related Sex Crimes" »

According to the Metrowest Daily News, Vandie Porter, a forty three year old man from Wayland, Massachusetts is being charged with Assault With Intent to Kill, Assault and Battery by Means of a Dangerous Weapon, Threatening to Commit a Crime and Assault and Battery. It is reported that Porter and another man got into a fight at a gas station on Boston Post Road early yesterday morning. Before the police arrived Porter fled. He was located about two hours later at which time he was arrested. The complainant received only minor injuries. The case will initially be prosecuted in the Framingham District Court. If the district attorney intends to prosecute all of the current charges the case will be indicted and transferred to the Middlesex Superior Court in Woburn.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x1985977297/Wayland-man-charged-with-attempted-murder

Having been practicing Criminal Defense Law in Massachusetts for over twenty years it strikes me as somewhat strange that the charges in this case are so severe. The victim was barely hurt. I know that there is an allegation that a weapon was used however that it referred to only as a "sharp metallic object". There is a suggestion that Porter and the other person knew each other. You would think that if the weapon were a knife are something similar that either the victim or a witness would be able to say so. These days gas stations and many other businesses have security cameras inside the establishment and in the area of the pumps and parking lots. It is quite possible that obtaining this tape, if it exists might be a significant piece of Porter's defense. Often times these recordings are destroyed or lost with the passage of time. With that in mind it becomes imperative for defense lawyers to get Court Orders to access and preserve that material if there reason to believe that the video will be helpful with the defense of the accused.

Continue reading "Wayland Massachusetts Man, 43, Facing Assault And Battery Dangerous Weapon Charges In Framingham" »

Police in Marlborough, Massachusetts were conducting an investigation that led them to an apartment on Main Street. The investigation resulted in the application for and issuance of a Search Warrant at that apartment. Last Thursday night the Search Warrant was executed. Officers found a twenty two caliber handgun, loaded. They also found some Drug Paraphernalia such as scales and packaging agents. The apartment was rented to Evan Higgins who was not home at the time the search warrant was executed. Higgins was not home when the Search Warrant was executed. The police however located him later that night. Higgins was arrested. In his car the police found another handgun and a Class B drug. He has been charged with Carrying a Firearm, Possession of a Firearm, Possession With the Intent to Distribute Class B and a School Zone Violation.

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http://www.metrowestdailynews.com/news/police_and_fire/x1177408402/Police-arrest-Marlborough-man-on-gun-and-drug-charges

Marlborough, Massachusetts Drug Crimes Defense Lawyer

As a Massachusetts Criminal Defense Attorney who handles Drug Cases on a daily basis I would like to know what in fact the police investigation showed prior to their applying for a Search Warrant. On several occasions in the past I have blogged on the requirements for obtaining a Search Warrant in Massachusetts and the attacks that can be made on the constitutionality of the search. I have also blogged on various defenses that can be raised in the event the Search is upheld as constitutional. In this case, I would also like to know who if anyone Higgins lived with, the configuration of the dwelling, the presence or absence of clothing belonging to someone other than Higgins and the neighbors' observations regarding the tenant of that apartment. Simply finding drugs or guns in someone's home does not mean that the person targeted by the police was responsible for the contraband.

Continue reading "Marlborough Man Arrested, Faces Cocaine And Firearm Charges, School Zone Violation" »

This past Tuesday Boston Police responded to a report of an Armed Robbery in the Allston section of Boston. When they arrived Darryl Barboza left the scene riding a bicycle. He got off of the bike and went to the rear of a home at which time he took out the Firearm and brandished it towards an officer. Barboza then discarded the gun. Police located a twenty five caliber handgun in the area. The weapon was fully loaded. Barboza, who is twenty eight years old has been charged with Unlawful Possession of Ammunition, Assault by Means of a Dangerous Weapon and Carrying a Firearm. Barboza is also being charged with being an Armed Career Criminal.

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Armed Career Criminal and Gun Possession Charges Filed Against Boston Man

Massachusetts Armed Career Criminal Defense Lawyer

If the statute under which Barboza is being prosecuted is Massachusetts General Laws Chapter 269 Section 10G(b) he is looking at a minimum mandatory ten year state prison sentence. This is due to the fact that he has two prior gun convictions, one in 2002 and the other in 2004. There may be a problem for the prosecution however in that the predicate prior convictions must be for "violent crimes". In Massachusetts Possession of or Carrying a Firearm does not automatically satisfy this element. There must be some use of the weapon or conduct that presents a serious risk of physical injury that accompanied the prior conviction to satisfy this aspect of the statute.

Continue reading "Boston Man Charged With Carrying A Firearm, Assault After Pulling Gun On Police Officers" »

This past Friday an investigation by members of the Salem, Massachusetts police department as well as officers from Ipswich, Beverly and the Essex County Sheriff's office effectuated an arrest. The suspect is a sixty three year old Salem man. Ronald Marshall was the target of a month long investigation during which it was learned that Marshall was selling drugs out of his Appleton Street home. The police officers executed a Search Warrant around 3:00 p.m. on September 10, 2010. They found Oxycodone, Morphine and assorted other pills, Class C drugs in Massachusetts. They also located and seized over twenty pounds of Marijuana. Since the home lies within one thousand feet of a school zone the additional charge of School Zone Violation will be filed. The drugs are valued in excess of one hundred thousand dollars. The marijuana alone has an estimated value of seventy five thousand dollars. It is reported that Marshall has criminal convictions for Drug Trafficking and Weapons Charges. The case is being prosecuted in the Salem District Court for now. It is likely that given his prior criminal history and the quantity of drugs that Marshall will be defending these allegations in the Essex County Superior Court.

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http://www.salemnews.com/local/x187426892/Big-drug-bust-nets-pot-pills-in-Salem

Salem, Massachusetts Drug Crimes Defense Attorney

I am interested in knowing with what the district attorney will charge Marshall. Trafficking Marijuana cannot be charged since the threshold for Marijuana Trafficking in Massachusetts is fifty pounds. Many of the pills in Marshall's home are of a prescription nature may not be unlawful for Marshall to possess. There are no details provided by the article that explain how the police got to Marshall. More importantly, there is no factual explanation of how the officers got the requisite information to obtain a warrant to search Marshall's home. Some of the things a Massachusetts Drug Crimes Defense Lawyer will want to know is whether someone other than Marshall lived in the home, what room the drugs were found in, how the drugs were packaged, whether there was any drug trafficking or distribution paraphernalia seized during the search and who was present when the warrant was executed.

Continue reading "Salem Police Find Man 63 In Possession Of Marijuana, Morphine, Oxycodone And More, Drug Charges Filed" »

Yesterday morning Lynn, Massachusetts Police observed Wilford Wright and two other people on Washington Street engaged in what they believed was a drug transaction. The officers reported that once Wright made eye contact with them he "tucked something into his pocket and began walking into the" Washington Street address. The officer asked him to stop. He refused. They then asked him where he was going. He responded that he was going to his friend's apartment. One of the police officers then tried to Pat Frisk Wright. Wright resisted. Supposedly he then pushed the officer and a struggle ensued. Wright was subdued with pepper spray. Police then seized some crack cocaine. Wright was charged with Possession With Intent to Distribute Cocaine, Resisting Arrest and Assault and Battery on a Police Officer. The case is pending in the Lynn District Court.

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Lynn Man Charged With Assaulting Police Officers, Possession With Intent to Distribute Class "B"

Massachusetts Criminal Defense Lawyer, Drug Cases

In order to justify the stop and eventual frisk of Wright the police must have reasonable suspicion to believe that a crime had been committed, was being committed or was about to be committed at the time of the stop. Here the police believed that a drug deal was occurring. The article fails to specify what exactly the police observed and how they determined this to be criminal activity. The absence of detail or lack of experience of the officer, if any may serve as a basis for attacking the validity of the stop. Also, if the police used more force than necessary at the stop then the stop morphs into an arrest. There is a requirement that police have probable cause to effectuate an arrest. Suppression will lie if the use of force by the police exceeded what was necessary for the stop and a judge determines that the stop was actually an arrest lacking probable cause.

Continue reading "Lynn Police Watch Drug Deal, Make Arrest For Possession With Intent To Distribute Cocaine " »

Eric Churchill is sixty one years old. This past weekend a neighbor told the police that around noon Churchill appeared in her backyard, drank some beers pulled down his shorts and exposed himself. The complainant told him that she did not approve of this conduct. She claimed to be shocked. The woman reported the incident about six hours later. The woman told the police that another man, a neighbor witnessed the incident. She further told the police that this man would deny the incident had occurred. The police confronted Churchill. He denied behaving as reported. The police also spoke with the witness. He too stated that this never happened. Churchill will be charged with Open and Gross Lewdness. The case will be prosecuted in the Salem District Court.

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http://www.salemnews.com/local/x994340091/Man-61-is-charged-with-exposing-self

Essex County Sex Crimes Defense Lawyer

The crime of Open and Gross Lewdness in Massachusetts is a felony proscribed by Massachusetts General Laws Chapter 272 Section 16. This law was enacted in 1784. To convict someone of this crime the district attorney must prove that the accused exposed his genitalia or buttocks to someone, that this was done intentionally, that this was done publicly or with a reckless disregard that there would be some public exposure to some who might be offended by the conduct, that the act was designed to cause alarm or shock and that shock or alarm resulted. While the complainant in this case used the proper buzz words jurors might be reluctant to believe her story. She did not report the incident for six hours. When making the complaint she inexplicably told the police that the eyewitness would refute the allegations as he in fact did. This suggests that the incident did not occur and that perhaps the complainant had a motive for making a false complaint. It seems like Churchill's defense lawyer has a lot to work with in this case.

Continue reading "Salem Man 61 Charged With Open And Gross Lewdness" »

Brockton, Massachusetts police officers were on routine patrol Monday evening when they observed a group near a certain car. The police approached the group and the car pulled away. Officers noticed that the car did not have a valid inspection sticker. They pulled the car over. They also saw someone in the car making movements they believed to be suspicious. The car was searched. The officers found one hundred seventy grams of marijuana and a .380 caliber handgun. The driver, Vanden Keith and his occupants, Olivio Correia and Timothy Correia were arrested. Both Keith and Olivio Correia were charged with Conspiracy, a School Zone Violation and Possession With Intent to Distribute a Class D Substance, Marijuana. Timothy Correia faces the same charges as well as a complaint for Carrying a Firearm. The cases are pending in the Brockton District Court.

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http://www.enterprisenews.com/news/cops_and_courts/x1169807821/Brockton-police-gang-unit-arrests-three-for-drugs-handgun

Brockton Drug Defense Lawyer

Massachusetts General Laws Chapter 94C Section 40 codifies the crime of conspiracy in Massachusetts. The law states that anyone who conspires to violate the controlled substances laws in Massachusetts shall be punished. The maximum penalty for conspiracy is the same as the maximum sentence authorized for the offense that underlies the conspiracy charge. There is no minimum mandatory sentence for a conspiracy conviction. The standard for proving a conspiracy his high. Massachusetts Courts have held that even where police officers, who had been observing the occupants of an automobile drinking and smoking for twenty minutes, and saw the driver, who appeared to be very high on something take a bag later found to contain a controlled substance from the front seat and stash it under the seat lacked sufficiency to support a finding that a rear-seat passenger had conspired to violate the Controlled Substances Act. Facts like these might be applicable to the Keith and the Correias.

Continue reading "Brockton Teenagers Charged With Drug Possession, Conspiracy, Gun Possession After Routine Traffic Stop" »