Massachusetts Criminal Defense Attorney Blog

Police in Marlborough, Massachusetts searched the home of Konstantin Berger Tuesday after obtaining a Search Warrant. Once inside officers located an assortment of prescription drugs and some marijuana. They also found some cash and packaging agents along with a canister of mace. Berger stands charged with Possession With Intent to Distribute Drugs and Conspiracy. He is also facing a Firearm Charge.

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http://www.metrowestdailynews.com/news/police_and_fire/x1097218331/Marlborough-man-arrested-on-drug-charges

Marlborough, Massachusetts Drug Crimes Defense Lawyer

Massachusetts General Laws Chapter 269 Section 10(h) makes it a crime to possess ammunition. The crime is a misdemeanor punishable by up to two years in the house of correction. "Ammunition" as defined by G.L. c. 140 Section 121 included mace. The proof against Berger is not set out in this article. As with all Search Warrant cases obtaining a conviction depends on where the contraband was found and the links if any of the defendant to the substance. If for instance Berger had roommates and the substances were found in their rooms or clothing proving him guilty of these offenses would be far more difficult that if he had been hovering over the drugs and ammunition when the officers executed the search warrant. It appears that someone other than Berger was present in that the crime of Conspiracy was charged. The law requires more than one person to sustain a prosecution for conspiracy. The defenses in cases like this one are countless.

Continue reading "Marlborough Man, 21 Charged With Possession With Intent To Distribute Drugs, "Ammunition" Possession" »

Lynn, Massachusetts police responded to a supermarket after receiving a report of alleged criminal activity. They arrived to find Maria Rios of in a bathroom, crying. She complained that her boyfriend, Hector Diaz accused her of doing drugs and punching her in her while riding in Diaz's car. Rios was uncooperative with the police. However, while at the police station, Diaz arrived with cuts on his neck and face. He was bleeding. Diaz claimed that it was Rios who threw the punches and caused his injuries. Both Diaz and Rios were arrested. They have been charged with Domestic Assault and Battery. The case will be prosecuted in the Lynn District Court.

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Lynn Massachusetts Domestic Violence Defense Lawyer

Cases like this one are often easy to defend. In Domestic Assault and Battery matters identifying the culpable party can be hard to determine. Initially, one of the parties will report being assaulted by the other. Sometimes the accused will file a cross-application for a complaint claiming that he or she was the victim. If there are not witnesses to the alleged crime than the prosecution might not know who to prosecute. By the time the case is set for trial both parties are apt to invoke their Fifth Amendment privilege assuming the privilege is available. At this point the prosecution will be unable to proceed and the case or cases will be dismissed. In this case both Rios and Diaz have a privilege against self-incrimination. Their Massachusetts Criminal Lawyers will probably have them invoke their respective privileges and the cases against both will be dismissed.

Continue reading "Lynn Couple Fight Over Drugs, Get Charged With Domestic Assault And Battery" »

Michael Provencher was arraigned Tuesday in the Marlborough District Court on charges of Child Enticement. According to the Metrowest Daily News, Provencher girl under the age of sixteen received a text of a sexual nature from Provencher. It is alleged that the girl knows Provencher. Bail was set in the amount of two thousand dollars, a sum that Provencher posted.

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http://www.metrowestdailynews.com/news/police_and_fire/x198685033/Marlborough-man-charged-with-sending-sexual-text-to-minor

Massachusetts Child Enticement Defense Lawyer

Child Enticement in Massachusetts is a felony. It is punishable by up to five years in state prison. The facts of this case suggest that Provencher will be prosecuted in the district court where the maximum he faces is two and one half years in the House of Correction. The law punishes anyone who the district attorney can prove beyond a reasonable doubt entices someone under the age of sixteen with the intent to violate one of several statutes; i.e. Indecent Assault and Battery, Rape, Statutory Rape, Prostitution, Child Pornography and more. Factual impossibility is not a defense to this crime meaning that you can be convicted in a sting operation using undercover decoys who are not under the age of sixteen. The law pertaining to this crime is broad and unforgiving. These cases are often difficult to defend and require the expertise of an Experienced Massachusetts Criminal Defense Lawyer. Never wait. Hire a lawyer now and start your defense.

Continue reading "Massachusetts Man Free On Bail After Being Charged With Child Enticement Through Texting" »

On Saturday Lynn, Massachusetts police responded to a call complaining of noise at an apartment on Common Street. Hearing the loud music, the officers went to the door of the home. They smelled a strong odor of marijuana. They knocked on the door. Someone opened the door. Two of the individuals Nelson Joel Irizary-Alvarado and Henry Ocasio were found in another room. Both seemed nervous. Officers searched the room and found a large quantity of heroin, about ninety four grams total. The officers searched under the bed and found a gun. Both of the defendants are being charged with Trafficking Over 28 Grams of Heroin, a School Zone Violation, Carrying a Firearm and Possession of Ammunition. This case will be prosecuted in the Essex County Superior Court in Salem.

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Salem Massachusetts Drug Trafficking Defense Lawyer

Since the passing of the New Marijuana Laws in Massachusetts the issue of Illegal Search and Seizure is constantly being litigated. Possession and use of small quantities is no longer considered a criminal act in Massachusetts. A fine may be imposed. Thus, the contention is that the odor of marijuana is not suggestive of criminal activity. Why then in this case did the Lynn Police enter the home. There was no reason to do so. There was certainly no reason to search the property once they did in fact enter. It is highly unlikely that Alvarado or Ocasio consented to the entry and search. Remember, if the search is found to be unconstitutional then the evidence seized will be suppressed. That will effectively end the prosecution.

Continue reading "Lynn Massachusetts Men Held After Excessive Noise Leads Cops To, Gun Possession, Heroin Trafficking Charges" »

The Brockton, Massachusetts Police gang unit made a stop on Belmont Street Monday night after seeing what the newspaper refers to as "suspicious behavior". The driver, identified as Paul St. Andre was searched. During the course of the search a large quantity of heroin was located on St. Andre. His two passengers, Kareena Miller of Plymouth and Ashleigh Simpson of Halifax were also searched and found in possession of heroin. All three have been charged with Drug Crimes. St. Andre is facing Heroin Trafficking Charges and a School Zone Violation. Simpson and Miller are being charged with Possession of Heroin, a Class A substance. The cases are currently pending in the Brockton District Court however it is probable that St. Andre will be prosecuted in the Superior Court.

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http://www.enterprisenews.com/news/cops_and_courts/x512664850/Three-arrested-in-Brockton-on-heroin-charges

"Suspicious activity" is not adequate grounds to justify a stop of a motor vehicle and subsequent search of its driver and passengers. There must be more. This article suggests that the police officers were acting on a hunch. Massachusetts courts have held that in order to justify a stop in Massachusetts police must have reasonable suspicion grounded in specific, articulable facts, not a mere hunch. I would be interested in seeing the police report in this case to see if the police had more than is suggested by the article, a mere hunch. It appears that a Motion to Suppress will be one weapon St. Andre and the women will use towards defeating these allegations.

Continue reading "Brockton Police Make Heroin Arrest, Man From Brockton, Women From Halifax, Plymouth" »

Joshua Berry and Anthony Stiefel, both from Salem, Massachusetts have been charged with crimes after having been arrested for throwing snowballs at a couple of women and a car. According to the Salem News, police arrived at the scene after hearing yelling near New Derby Street and Front Street. They learned from two women that the defendants had thrown snowballs at them. One was hit in the face. The other woman's car was hit and scratched. Berry was charged with Malicious Destruction to Property Over Two Hundred Fifty Dollars and Disturbing the Peace. Stiefel was charged with Assault and Battery by Means of a Dangerous Weapon, a snowball.

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http://www.salemnews.com/local/x530791138/Two-men-arrested-in-snowball-attack#

Here is what I find troubling about these charges. Both of these men have been charged with felonies. It seems unlikely that either of them intended any harm to either the victims or the car. If the article is correct, they were drunk and acted inappropriately but unlikely had the criminal intent typically with felony charges in Massachusetts. However, they nevertheless have to defend against these charges. Usually, cases like this are resolved by continuing the case without a finding with restitution to the victims. This is conditioned on the accused not having a criminal record. With the assistance of an Experienced Massachusetts Criminal Lawyer, and provided that neither of the defendants has a criminal history the consequences should not be severe.

Continue reading "Two Salem Massachusetts Men Charged After Throwing Snowballs At Women, Car" »

This past Monday Alejandro Gomez went into the Lowell District Court on a district court matter. He was recognized by authorities and quickly arrested and arraigned on charges that he stabbed and tried to kill Dennis Cruz back on November of 2010. It is alleged that Cruz and Gomez's estranged wife were watching a basketball game at her home. Cruz left the home and was ambushed by Gomez. Cruz was stabbed several times and ended up in the emergency room with severe injuries. Gomez was charged with Assault with Intent to Murder and is currently being held without bail. The case will be prosecuted in the Lowell Superior Court.

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Lowell Massachusetts Criminal Defense Lawyer

The article states that Cruz had identified Gomez as his assailant. The issue then becomes one of identification. In Massachusetts the district attorney must prove identification beyond a reasonable doubt. Jurors are instructed to weigh several factors in deciding whether identification has been proven. They are to consider the witnesses' opportunity to observe the accused, whether or not the identification process was compromised or suggestive and whether or not the identification witness appears credible. An Experienced Massachusetts Criminal Lawyer will scrutinize these factors and attack the identification where required. Cases are often won by the defense by showing that the identification of the accused was unreliable.

Continue reading "Lowell Stabbing Suspect Apprehended While In Court On Another Case" »

Braintree, Massachusetts police learned that a 2004 Honda that had been stolen might be in their town. A Braintree police sergeant spotted the car leaving an apartment building parking lot. The car was stopped and the driver identified as Mary Ajede of Lynn, Massachusetts was arrested. She has been charged with Unlicensed Operation of a Motor Vehicle and Receiving a Stolen Motor Vehicle. The charges are pending in the Quincy District Court.

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http://www.patriotledger.com/news/cops_and_courts/x198684717/Lynn-woman-charged-with-driving-stolen-car

Quincy Car Theft Defense Lawyer

To convict someone of Receiving a Stolen Motor Vehicle the district attorney must prove beyond a reasonable doubt that the defendant knew that the car was stolen. Sometimes proof of knowledge is easy. For example, if the ignition was punched you can assume the defendant knew that the car was stolen. If the defendant goes through illicit channels to "purchase" the car you might be able to infer knowledge. However, if there was no damage to the car and no other evidence that the defendant knew that the vehicle had in fact been stolen the prosecution might have a tough time securing a conviction. Our office has represented several people accused of this crime who realistically and legitimately believed that the car they were driving belonged to the person who permitted them to use the car. These people have been acquitted of these charges.

Continue reading "Lynn Woman Found Driving Stolen Car In Braintree Faces Receiving Stolen Motor Vehicle Charge" »

Korin O'Doherty, John Chiellini of Everett and Emanuel Silveira or Revere were arraigned in the Haverhill District Court on Monday on charges of Armed Robbery. It is alleged that the three robbed a TD Bank in Georgetown last week. According to reports a young woman wearing a red hooded sweatshirt handed a teller a note. She demanded money. She told the teller that she had a gun. The teller gave her money and she left the bank. At about the same time a local auto body employee saw Chiellini and Silveira acting suspiciously. Knowing that the bank had just been robbed the employee called the police. One of the auto body shop owners got the plate of the car. He gave this information to the police. The defendants were located together in Saugus, Massachusetts. O'Doherty confessed to the crime and implicated the other two. Chiellini and Silveira denied involvement in the robbery. O'Doherty stated that she and Chiellini conceived the robbery plan while patients at a local alcohol, drug and mental health treatment facility. She stated that Silveira picked them up and took them to the bank. The article is silent as to what if any evidence aside from O'Doherty's statement shows that the other two had knowledge that she planned to rob the bank.

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http://www.newburyportnews.com/local/x419264948/Police-Man-woman-planned-bank-heist-while-in-Baldpate#

Essex County Massachusetts Bank Robbery Defense Lawyer

I am interested in knowing how strong the evidence is against Chiellini and Silveira absent O'Doherty's statement. Naturally there is the assumption that they were involved. They were present when O'Doherty went into the bank. Silveira picked the other two up. All three left Georgetown together. However, even in all of this is true, why did the two men get out of the "getaway car" by the bank and act "suspiciously" as reported by the auto body shop employee. Why not remain in the car and leave the scene once O'Doherty got back in. Why ask for directions about how to get to Route 95. Why not just drive. One would think that if Silveira and Chiellini were actively and knowingly involved in this plan there would have been just a bit more preparation than shown here. Absent O'Doherty's testimony the other two might have a good defense to these charges.

Continue reading "Three Caught After Georgetown Bank Heist, Charged With Armed Robbery In Haverhill District Court" »

This past weekend Brockton, Massachusetts police attempted to pull Dana Tate over for alleged Motor Vehicle Violations. An officer began speaking with
Tate who suddenly took off. A chase ensued. Tate crashed his vehicle into a tree and a snow bank. He then took off as on foot as did his passenger, Dwayne Douglas who is from Dorchester. In the course of their pursuit police located a firearm and twenty six grams of cocaine that had apparently been tossed. Officers also found over three thousand dollars cash in the car. Both men were arrested. They have been charged with Trafficking Cocaine, Illegal Possession of a Large Capacity Firearm, Possession of Ammunition and a School Zone Violation.

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http://www.enterprisenews.com/news/cops_and_courts/x1260129839/Two-charged-in-Brockton-with-cocaine-trafficking-and-gun-violations

Brockton Massachusetts Cocaine Trafficking Defense Lawyer

The starting point for a defense investigation in this case is the legality of the initial stop. The article states that Tate was suspected for having committed Motor Vehicle Violations. What were these if any? What right did the officers have to stop the vehicle? What did they ask Tate initially or more importantly what did they do during the initial stop? Finally, were there any independent witnesses to the stop. Next, where were the drugs found? What links these defendants to the drugs? Were there any prints on the drugs? Who tossed the drugs? Who witnessed this? The same analysis applies to the gun. Finally, did the defendants admit to anything. The answers to these questions and questions like these usually provide a basis for a defense in a criminal case.

Continue reading "Police Chase Ends Up With Two Men, One From Brockton, The Other From Dorchester Facing Gun, Cocaine Trafficking Charges" »

Police in Marlborough, Massachusetts had information that Robert Barberio of Leominster, Massachusetts was selling heroin and had some in his possession. Consquently, officers pulled his car over and conducted a search. They found Barberio in possession of several hundred dollars. Barberio's passenger, Darlene Tabor was searched as well. In her pocketbook officers found eight small bags of heroin. Both were arrested. At the station police found three more bags of heroin on Barberio. The two have been charged with Possession With Intent to Distribute Heroin, Class A, a School Zone Violation and Possession of Heroin. This is Barberio's Second Heroin Possession Offense.

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http://www.metrowestdailynews.com/news/police_and_fire/x1401026797/Two-arrested-on-heroin-charges-in-Marlborough

One crime on which we rarely blog is the crime of Possession of Heroin, Second and Subsequent Offense. This is a felony in Massachusetts. The law states that anyone who has a conviction for Possession of Heroin and is convicted for a second and subsequent Possession of Heroin is to be imprisoned for up to five years. This crime is treated more severely than possession cases involving other drugs. This case might not go that far however. There is no indication from this article that the police had adequate probable cause to stop the vehicle and conduct a search. Even if they did, I question their right to arrest Barberio. Probable cause to arrest him cannot be based on the discovery of heroin on Tabor. Additionally, the search of her pocketbook is suspect as well. No doubt a Motion to Suppress will be pursued in this case.

Continue reading "Marlborough Massachusetts Drug Investigation Results In Arrest Of Two, Both Charged With Possession With Intent To Distribute Heroin" »

Police in Braintree, Massachusetts recently investigated reports from a minor child that Michael Cimmino of Braintree had engaged in inappropriate touching. The arrests took place on Saturday afternoon and Cimmino was arraigned in Quincy on Monday. Bail was set at fifty thousand dollars cash. It is further alleged that the incident occurred at Cimmino's home. The victim is under the age of fourteen. The article in the Quincy Patriot Ledger provided very little detail about the incident, instead focusing on the charges themselves and the conditions of release that restrict Cimmino should he make bail. Cimmino has been charged with Assault With Intent to Commit Rape on a Person Under the Age of 14, Indecent Assault and Battery and Kidnapping. It is unclear as to whether or not the Norfolk County District Attorney will indict these cases or prosecute the charges in the district court.

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http://www.patriotledger.com/news/cops_and_courts/x1458589871/Braintree-volunteer-accused-of-child-sex-abuse-suspended

Braintree, Massachusetts Assault With Intent to Rape Defense Lawyer

There is a fundamental legal principle that I have yet to blog on and deserves some attention today, the being the Presumption of Innocence. Every day we read articles like this one, void of any detail yet sensational enough to ruin an innocent person's life. I am not assigning fault to anyone for this. It is the duty of the prosecution to protect the public and to prosecute people they believe might have committed crimes. It is the duty of the press to report the facts of the cases, a task that is usually done thoroughly in criminal cases. However, it is important to understand that all people accused of committing crimes in this country enjoy a presumption of innocence. Judges must ask prospective jurors if they will adhere to this principle of law. If they cannot then they are not to serve on the jury. The jury is reminded of this principle prior to retiring to their deliberations. Here, Cimmino has been charged with one of the most serious offenses we have. When reading this article people are bound to make judgments even in the absence of facts to support those thoughts. From the perspective of a Massachusetts Criminal Defense Lawyer it is important to keep some thoughts in mind. Who was home at the time this supposedly happened. What did these people hear or see. What exactly did the child report and is it possible that under these circumstances Cimmino could have done this.

Continue reading "Braintree Massachusetts Man Charged With Kidnapping Indecent Assault And Battery And Assault With Intent To Rape After Being Reported For Inappropriate Touching" »

While on patrol this past weekend Lawrence, Massachusetts police officers observed two cars apparently involved in a collision. When they stopped to investigate the officers came in contact with Jonathan Amador and Luis Aguayo, aka Julio Cesar Vincente Peguero. The police asked the drivers of both vehicles for their licenses. One of the drivers was Amador. Amador started speaking with the driver of the other car. Apparently the two knew each other. Meanwhile the officers observed plastic bags containing Crack Cocaine and Heroin in the vehicle's front passenger cupholder. Bother Amador and Aguayo were arrested and charged with Possession With the Intent to Distribute Heroin, Class A, Possession of Heroin and Possession of Cocaine, Class B. The case is pending in the Lawrence District Court where it will likely be prosecuted.

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http://www.eagletribune.com/local/x413853691/Pair-nabbed-with-drugs-in-minivan-cupholder#

Two things come to mind immediately when reading this article. The first is the credibility of the investigation. The report would have you believe that after a minor accident the defendants left an obvious quantity of drugs in the vehicle in plain view. Most people realize that police will respond to accident scenes. In cities like Lawrence their response time will be quicker than in suburbs or rural areas. Amador and Aguayo must have known that the police would arrive shortly and would have concealed the drugs had they feared detection. I would be interested to hear what the occupants of the other vehicle observed relative to the search of the car. Their statements might give cause to file a Motion to Suppress the evidence seized. The second issue that is see is attribution. Whose drugs were these anyway. The report has them in the passenger side of the vehicle thereby suggesting that they did not belong to Amador. However, Aguayo could argue that he was unaware of the presence of the substances in the car in that it belonged to someone else.

Continue reading "Lawrence Massachusetts Police Arrest Two, Charge With Crack Cocaine Possession And Possession With Intent To Distribute Heroin After Drugs Found In Car Cupholder" »

An unidentified eighteen year old went to Quincy, Massachusetts last Thursday to buy some Marijuana. There he met with Tommy Dao of Braintree, Massachusetts and Nicholas Morganelli of Quincy. Instead of getting his Drugs however the teenager was robbed. Dao has been charged with Unarmed Robbery. Morganelli has been charged with Possession With Intent to Distribute Marijuana. According to reports in the Patriot Ledger Morganelli was found in possession of thirty eight small bags of marijuana.

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http://www.patriotledger.com/news/cops_and_courts/x338105899/Man-robbed-trying-to-make-pot-buy-in-Quincy

Quincy Drug Defense Lawyer
Quincy Robbery Defense Attorney

Most people do not understand that someone who is in the process of committing a crime can also be the victim of a crime. As an example of this, our office reports countless people who break into drug dens or stash houses to steal drugs and/or money. Many times in the course of these events the occupants of the home become injured or scared. The assailants if caught are charged with either Breaking and Entering or Home Invasion or both. Many of these people thought that their actions would go unprosecuted simply because their victims were involved in criminal activities. Here, Dao can be charged with Robbery if he tried forcibly took from the victim property with the intent to deprive that person of that property. However, something does not appear right with this report. If Morganelli intended to distribute the drugs why not just sell them to the victim. The prosecution charged him with Possession With the Intent to Distribute the Marijuana found in his possession. If he in fact did intend to sell the drugs why not do so here? If the point was to rob the victim there was no need for him to have the drugs with him in the first place.

Continue reading "Braintree Man Charged With Robbery, Parnter With Possession With Intent After Marijuana Deal Fails" »