Massachusetts Criminal Defense Attorney Blog

Yesterday a Lawrence, Massachusetts police detective went to Miguel Francisco Acosta's home on Myrtle Street to serve him with a Restraining Order. On the way there the detective was notified that Acosta had an outstanding warrant. When the officer and his backups arrived they were permitted entry by a female. Acosta was present. He was arrested. The police gave him the opportunity to get some pants on. They followed Acosta into the adjoining room and found a significant amount of Marijuana, Heroin, Drug Trafficking Paraphernalia and a Handgun. Acosta has been charged with Trafficking a Class A Substance, Possession With Intent to Distribute Marijuana, a School Zone Violation, Intimidation of a Witness, Unlawful Possession of a Firearm and Assault With a Dangerous Weapon. The case is currently pending in the Lawrence District Court however it is probable that the prosecution will end up in the Essex County Superior Court in Salem.

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http://www.eagletribune.com/local/x1758586621/Lawrence-man-arrested-on-drug-assault-charges#

In preparing to defend this case Experienced Massachusetts Drug Defense Attorneys would investigate several facts. Did the woman who allowed the police to enter the home have the authority to do so? Was there a valid outstanding warrant to arrest Acosta? Did Acosta really invite the officer into the bedroom when he was putting on his pants? Who owned or rented the home? Who else stayed in the bedroom where the drugs were located? Did that person or people have a criminal record for drug offenses. Where in particular were the drugs located in the room? In a hidden place or in plain view? What about the Firearm? Where was that located? The answers to these questions might provide the basis for a viable defense to these charges. A proper defense might result in Acosta not having to serve the mandatory jail time associated with these crimes.

Continue reading "Lawrence Massachusetts Man Arrested For Drug Trafficking, Gun Possession After Police Serve Restraining Order" »

Around 7:00 a.m. Christmas morning Salem, Massachusetts police received a 911 call from a woman crying and asking for help. The police responded to her home and found Franklin Sousa shirtless and pulling down the shades. The police went to the door where they were greeted by a woman covered with blood. Sousa ran out the back door. He was chased by a police officer. Sousa was reportedly holding something in his hand. When the officers subdued him he was injured. The complaining witness stated that she and Sousa had dated and were living together. On Christmas Eve Sousa became hostile. The woman claims that she barricaded her apartment door to keep Sousa out and went to sleep. She woke up with Sousa standing over her. He then struck her. Sousa has been charged with Domestic Assault and Battery, Malicious Destruction to Property, Resisting Arrest, Witness Intimidation, Assault and Battery on a Police Officer, Disorderly Person and Resisting Arrest. The case is pending in the Salem District Court.

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http://www.salemnews.com/local/x480667508/Salem-man-held-in-attacks-on-his-girlfriend-police#

Salem Massachusetts Domestic Violence Defense Lawyer

As a Massachusetts Criminal Defense Attorney here is what I see as concerning about these allegations. The complaining witness barricades herself in her room in an attempt to keep a violent Sousa out. She then goes to sleep without calling the police. She wakes up in the morning with him standing over her. Then he squeezes her face causing her to bleed. You have to wonder why she did not call the police immediately. You also have to wonder what Sousa was doing and where he was from the time of the barricade on Christmas Eve until 7:00 in the morning, as the article says with his shirt off. Facts like this that do not make sense often serve as a starting point for defenses to criminal accusations.

Continue reading "Salem Massachusetts Man Facing Domestic Violence Charges, Assault And Battery On A Police Officer After Christmas Morning Skirmish" »

Jeremy Gardner and Walter Smith have both been indicted by a Middlesex County Grand Jury for charges relating to the death of Gregory Vilidnitsky, a Framingham man. Gardner is from Maine. Smith is from Vermont. According to the Metrowest Daily News both defendants, carpenters, were working in Wayland and had been out drinking near their hotel. It is reported that Gardner was driving a vehicle that struck the victim who was paving at the time. The car then hit an oil truck. Gardner fled and Smith tried to drive the damaged vehicle away. Gardner has been charged with Motor Vehicle Homicide, OUI Second Offense and Leaving the Scene of an Accident. Smith has been charged with OUI Fourth Offense.

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http://www.metrowestdailynews.com/news/police_and_fire/x1732522163/Men-indicted-in-crash-that-killed-Framingham-highway-engineer

Middlesex County Massachusetts Motor Vehicle Homicide Defense Lawyer

The severity of these charges is best evidenced by the fact that both defendants have been indicted for crimes that could be prosecuted in the district court. The most serious charge that Gardner is facing is the Motor Vehicle Homicide charge which is a felony in Massachusetts and carries with it a possible fifteen year state prison sentence. As a Massachusetts Criminal Defense Attorney I would like to know what evidence shows that Gardner was impaired at the time of operation. There is no indication that he took a breathalyzer test nor is there any indication that he took and failed any field sobriety tests. Also why did each defendant accuse the other of operating the car. Eyewitnesses should be able to identify the driver. If they cannot then perhaps this issue will become a point of contention at trial.

Continue reading "Two Men Indicted In Middlesex County For Motor Vehicle Homicide After Killing Framingham Man" »

The Brockton Enterprise reports that Antonio Gomes, a Brockton, Massachusetts resident was arrested after allegedly pulling a knife during a "road rage" incident in Norton. A man reported that Gomes was driving behind him in an erratic manner. Gomes then passed the man and brandished a knife. The incident happened in Norton. Gomes reportedly got out of his car, argued with the other driver and waived a knife at him. He then drove away. The victim called the police who stopped and arrested Gomes. The defendant has been charged with three counts of Assault by Means of a Dangerous Weapon.

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http://www.enterprisenews.com/news/cops_and_courts/x934173956/Brockton-man-allegedly-pulls-knife-in-Norton-traffic-dispute

The Wikipedia defines road rage as a form of aggressive or angry behavior by a driver of a car or other vehicle. The acts that form the deed include insults, rude gestures, driving in an unsafe or threatening manner or some sort of threatening conduct while operating a motor vehicle. Sometimes road rage incidents develop into violent criminal acts, even murder. Massachusetts does not have a road rage statute. Rather, this state charges the offender with the underlying crime committed during the road rage event. Here, there were three occupants of the victim's car, all of whom the prosecution claims were victims of Gomes use of the knife. The underlying crime here is Assault by Means of a Dangerous Weapon, a felony in Massachusetts. I would imagine that if Gomes does not have a criminal record this case might be continued without a finding conditioned upon some sort of anger management counseling.

Continue reading "Brockton Man Charged After Road Rage Incident In Norton" »

According to the Lowell Sun two men were arrested in Burlington, Massachusetts last week. Both are being charged with Trafficking Heroin Over 28 Grams, Conspiracy to Violate the Controlled Substances Law and a School Zone Violation. The defendants, Wilkims Soto-Suazo and Jesus Pantonja are from Norwood, Massachusetts and Hyde Park, Massachusetts respectively. Apparently the Range Rover the defendants were in was under surveillance. Officers pulled it over on the Winn Street ramp by Route 128. A canine unit sniffed out over fifty six grams of heroin. The article is silent as to where in the vehicle the drugs were found and what evidence links each defendant to the substances.

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http://www.lowellsun.com/local/ci_16910612

As I have mentioned many times in the past the validity of the stop is an issue that an Experienced Massachusetts Criminal Defense Attorney will investigate. An unlawful stop often results in the suppression of the evidence that has been seized as a result of the stop. There had to be a reason that the vehicle was pulled over on the ramp rather than at another location. There also had to be a reason that the police called for a canine unit. If the officers had probable cause to arrest at the time of the stop there would be no need to take this measure. An inventory search of the vehicle could have been conducted at the station. Thus, the question of why these men were pulled over is critical. It would also be necessary to know the length of time these people were detained before the canine unit arrived. These factors affect the constitutional analysis of this case. The next issue to tackle is the location of the drugs in the vehicle as well as ownership of the car. If the car was borrowed and the drugs were in a "hide" the district attorney will have to prove knowledge of the existence of the drugs in the vehicle. At times proof of this sort can be difficult particularly where it was necessary to get a dog to locate the substance.

Continue reading "Burlington Massachusetts Cops Make Heroin Bust, Two Charged With Trafficking Over 28 Grams" »

Joel Matias of Lawrence, Massachusetts received good news yesterday when he entered a Lawrence District Court courtroom and had an Assault With a Dangerous Weapon case against him dismissed. That case involved a shooting that occurred this past summer after two groups got into a fight and someone fired a handgun. After getting the case dismissed Matias went down the hallway to get an electronic monitoring device removed. While doing so he allegedly passed two girls and called them snitches. The device was removed and Matias was arrested and charged with Witness Intimidation.

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http://www.eagletribune.com/local/x1168755064/Assault-charge-dismissed-teen-arrested-in-courthouse

Massachusetts Witness Intimidation Defense Lawyer

The Witness Intimidation statute in Massachusetts is quite broad. The law, G.L. 268 Section 13B, makes it a crime for anyone to either directly or indirectly threaten, injure, or attempt to do harm to anyone who is a witness to or someone interested in a criminal matter at any stage. The statute also prohibits giving gifts to or in any intimidating such people. A conviction for this crime carries a potential ten year state prison sentence. The district court had jurisdiction of these charges as well and there is a maximum two and one half year sentence for anyone convicted in that court for intimidating a witness. As a Massachusetts Criminal Defense Lawyer I would like to know who witnessed Matias make the threats. It makes no sense that someone who just got his case dismissed would be making threats as such in the courthouse. Usually witnesses are intimidated in an effort to prevent them from testifying against someone. This occurs before the resolution of a case, not once the case has terminated. This situation sounds like someone took exception to the dismissal and wanted to keep Matias on his heels.

Continue reading "Witness Intimidation Charges Filed Against Lawrence Massachusetts Teen Immdiately After Dismissal Of Assault Case" »

Last week Boston Police responded to a call for a Breaking and Entering on Seaver Street. At around 1:00 a.m., shortly after receiving the call, officers spotted a subject fitting the description of the suspect walking nearby with two other individuals. As police approached they noticed the defendant, Antoine Lewis of Randolph, Massachusetts appearing to be carrying a heavy object in his jacket pocket. The police and Lewis engaged in a struggle. The officers seized a loaded nine millimeter handgun. Bail was set at fifty thousand dollars cash. Lewis already served more than two years for a prior gun possession charge. Lewis will likely be charged with Illegal Gun Possession in the Suffolk County Superior Court.

Massachusetts Gun Possession Defense Attorney

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Boston Firearm Defense Lawyer

Illegal Gun Possession in Massachusetts is made a crime under Massachusetts General Laws Chapter 269 Section 10. For people like Lewis who are charged with a second offense a conviction carries a mandatory five year state prison sentence and a maximum seven year sentence. Being properly licensed with a carrying permit and a firearm identification card serves as an affirmative defense to these charges. For Lewis however it appears that these defenses are not viable. Attacking the legality of the stop, Search and Seizure is always a tact to take and might be the only possible avenue for relief in this case. Regardless, Lewis' Massachusetts Criminal Defense Lawyer has his work cut out for him.

Continue reading "Randolph Man Facing Gun Charges In Boston For Second Time" »

According to the Newburyport News Cody Harkness of Amesbury, Massachusetts is being charged with Unarmed Burglary, Home Invasion, Malicious Destruction to Property Valued at More Than $250 and Breaking and Entering. The victim is a downstairs neighbor who was sleeping when Harkness broke into her home. Apparently the defendant opened a door in a common area of the home that led to the victim's closet. From there he entered her room and touched her body. The victim woke up and yelled. Harkness left. Harkness, who had not been identified by the victim at that point asked her what had happened. She in turn told the police that he might have information about the intruder. The police contacted Harkness and noticed that he had in his possession that the victim said the suspect was wearing. Other evidence suggested to the officers that Harkness had in fact committed the crime. He eventually admitted involvement. The charges are now pending in the Newburyport District Court. Bail was set at two thousand five hundred dollars.

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http://www.newburyportnews.com/local/x1613327262/Amesbury-teen-charged-after-home-invasion

Massachusetts Home Invasion Defense Lawyer

This article is somewhat confusing as to what the actual charges are that Harkness is facing. The headline states Home Invasion. Home Invasion in Massachusetts is criminalized under Massachusetts General Laws Chapter 265 Section 18(c). It is a felony and a conviction carries with it a mandatory twenty year state prison sentence with a maximum life possibility. The Newburyport District Court does not have jurisdiction of this crime and I would imagine that the district attorney's office will use its discretion and reduced the charges to something within the district court's jurisdiction. Additionally, if the article is correct it might be difficult for the prosecution to prove a couple of necessary elements of the offense beyond a reasonable doubt. The prosecution must prove that Harkness was armed with a dangerous weapon. There is no indication that he was. Also, the prosecution must prove use of force or the threat of the imminent use of force. None of that seems to be present her. The body of the article, as opposed to the headline states that unarmed burglary is the charge here. The statute addressing that crime is G.L. c. 266 Section 15. There is a requirement that the district attorney prove however that in addition to the breaking and entering, that Harkness intended to commit a felony while inside the victim's home. There is no evidence supporting that element. This crime also must be prosecuted in the Superior Court so again I believe that there will be a modification of charges so that the district court can keep jurisdiction of the case.

Continue reading "Amesbury Teenager Facing Serious Felony Charges After Breaking And Entering Neighbor's Home" »

Mark Balboni and Chelsea McKay were arrested last night and are facing charges this morning in the Brockton District Court. The Brockton Enterprise reports that after months of investigating police officers from East Bridgewater, West Bridgewater and Whitman Searched a home at 2 Natalie Drive. During the Search officers found hundreds of prescription drugs, mostly painkillers. Balboni has been charged with Trafficking OxyCodone and Possession With the Intent to Distribute other substances. McKay has been charged with Conspiracy, Possession With Intent to Distribute Oxycodone and Marijuana. The case will be prosecuted in the Plymouth County Superior Court in Brockton. It is alleged that Balboni trafficked over twenty eight grams of oxycodone.

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http://www.enterprisenews.com/news/cops_and_courts/x1714274838/Police-seize-hundreds-of-painkillers-from-East-Bridgewater-home

Plymouth County Superior Court Drug Lawyer

Trafficking Oxycodone in the amount is a violation of Massachusetts General Laws Chapter 94C Section 32E(c). Anyone convicted of committing this offense in Massachusetts is guilty of a felony and must serve a minimum mandatory seven year sentence. The lack of detail in this article makes analyzing the defendant's chances of success difficult. Questions that a Massachusetts Criminal Defense Attorney would like answered are: 1) did the officers have a search warrant; 2) if not, did they have consent to search and if so, from whom; 3) what evidence do the officers have that links each individual to the drugs he/she is accused of intending to distribute; 4) where these defendants targeted as part of this investigation and for how long. Massachusetts Courts provide great protections against unlawful Searches and Seizures. Many cases are won by showing that a search was illegal. When consulting a lawyer make sure you go over each of these rights to see if your case is one that might be dismissed due to unlawful police conduct.

Continue reading "Pair From East Bridgewater Charged With Trafficking OxyCodone After Home Is Searched" »

According to the Brockton Enterprise police in Raynham, Massachusetts have found some success in an year long investigation. They just arrested Peter Cardin of Raynham and Ainsley Jennifer Long of Bridgewater, Masschusetts. Both have been charged with Trafficking Heroin. On December 1, 2010 officers executed a search warrant at Cardin's home. During the course of the search they found over fifteen grams of heroin, enough to charge Trafficking. They also located assorted Drug Trafficking Paraphernalia. Cardin has been charged with Conspiracy, Possession of Class E, Possession of Class C and Trafficking Heroin. Long has been charged with Possession of Class E, Trafficking Heroin, Conpiracy and Being Present Where Heroin is Kept.

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http://www.enterprisenews.com/news/cops_and_courts/x88621348/Raynham-police-charge-two-with-heroin-trafficking

Before the prosecution can convict either of these defendants of a crime many gaps in this article have to be filled. Aside from the usual question, i.e. the probable cause to get a search warrant, the district attorney will have to show how it is that each are responsble for these crimes. On several occasions I have written that "mere presence" at the scene of a crime is insufficient to satisfy the prosecutor's burden. There is an instruction that judges give jurors in cases like this one that says just that. The prosecution must prove more. It must prove beyond a reasonable doubt that the defendant intentionally exercised dominion and control over the substance with the intent to distribute the product, and/or that he or she aided or abetted in the act. This article is silent as to those details.

Continue reading "Couple From Raynham, Bridgewater Charged With Heroin Trafficking" »

The Lynn Item reports that Todd Ciepiela of Peabody, Massachusetts has been indicted by an Essex County Grand Jury for Carjacking stemming from a September incident. In the morning hours of September 26th a fifty six year old woman went to a local 7-11 store. As she went to get into her car she was grabbed and forcibly pulled away from her vehicle by Ciepiela who also grabbed her keys. The woman was also thrown to the ground. Fortunately she suffered no injuries. Several days later the defendant was arrested in Revere, Massachusetts. Ciepiela has been charged with Unarmed Robbery and Carjacking. The case will be prosecuted in the Essex County Superior Court in Salem.

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Essex Superior Court Criminal Defense Lawyers

Often times when someone is arrested for a crime like this days after its occurrence the primary issue at trial becomes one of identification. These crimes occur quickly and victims are not always able to make positive identifications of their assailants. Additionally, people who steal cars in this manner do so with the intention of obtaining objects of value such as pocketbooks, wallets or other items left in consoles or glove compartments. Sometimes the vehicle is stripped and parts or components are sold. It is rare that the individual will continue to drive the vehicle for an extended period of time as the district attorney claims Ciepiela did. Many cases are won by challenging the integrity of identifications.

Continue reading "Peabody Man Indicted For Carjacking By Essex County Grand Jury" »

Elizabeth Roger of Ashland, Massachusetts and Elizabeth Powers of Worcester, Massachusetts were arrested in the early morning hours after being pulled over for a minor Motor Vehicle Violation. Specifically it is alleged that Powers ran a stop sign. During the stop officers located just over one ounce of marijuana. The two teenagers have been charged in the Framingham District Court with Possession With Intent to Distribute Marijuana, a Class D Substance and Conspiracy to Violate the Massachusetts Drug Laws.

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http://www.metrowestdailynews.com/news/police_and_fire/x1743711391/Two-women-accused-of-dealing-marijuana-in-Framingham

Just last year Massachusetts changed its drug laws relative to possession of marijuana. The new law, codified by Massachusetts General Laws Chapter 94C Section 32L states that anyone who possesses one ounce or less of marijuana shall be guilty of a civil offense only, punishable by a fine of one hundred dollars. If the offender is under the age of eighteen he or she must attend a drug awareness program. Unfortunately for Roger and Powers the quantity of marijuana exceeds one ounce. However, the article is not clear as to whether the substance was weighed while packaged or if the packaging was taken off prior to weighing the substance. This can make a huge difference in the outcome of this case. The weight of the substance cannot include the packaging. I just finished a case where the quantity of the drug (in this case cocaine) was initially weighed at just over fourteen grams, subjecting my client to a mandatory minimum sentence. When the cocaine was re-weighed without the packaging the total weight was less than fourteen grams, thus making the crime one that was not subject to minimum mandatory sentencing. The defendants here, Roger and Powers might be able to move to suppress the search depending on what occurred at the time of the stop and what the arresting officer reported.

Continue reading "Teenagers Arrested In Framingham, Charged With Possession With Intent To Distribute Marijuana" »

Darrell O'Malley of Wilmington, Massachusetts and Steven Santella of Lowell, Massachusetts have been charged with Drug Crimes violations after police saw O'Malley provide Santella with Heroin in an affluent Westford, Massachusetts neighborhood. According to a report in the Lowell Sun the act occurred at about 10:30 in the morning in the area of Oak Hill Road. Apparently detectives had been watching the two for a period of time. The police believed that drug deals had been occurring. Both men have been charged with Possession With Intent to Distribute Heroin, Class A, Possession of Heroin, Class A, a School Zone Violation and Conspiracy. The case is pending in the Ayer District Court.

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Westford Drug Crimes Defense Attorney

Westford, Massachusetts Drug Defense Lawyer

Conspiracy to Violate the Drug Laws in Massachusetts is proven by showing three things beyond a reasonable doubt. One that the defendant joined with one or more people in an agreement, two, to do something unlawful or something lawful by unlawful means and three, that the defendant joined the conspiracy knowing of the unlawful plan and with an intent to carry it out. Conspiracy in the context of drug cases in Massachusetts is a violation of Massachusetts General Laws Chapter 94C Section 40. Whether or not the acts of O'Malley and Santella amount to conspiracy depends on what information the police had pertaining to an agreement. Given the information provided by this article Conspiracy might be difficult to prove in this case.

Continue reading "Lowell, Wilmington Men Caught In Drug Deal In Westford" »