Massachusetts Criminal Defense Attorney Blog

According to reports in the Lowell Sun and Lawrence Eagle Tribune, on April 20, 2011 police received a call about a road rage incident on Route 93. They arrived to find Dennis Keohane with six stab wounds. Apparently Keohane and the defendant Breslin Reyes of Lawrence, Massachusetts had an exchange on the highway. They exited the road got out of their vehicles and got into a fight that resulted in Keohane being stabbed. Yesterday Reyes was arrested. He is being charged with Assault and Battery By Means of a Dangerous Weapon Causing Serious Bodily Injury. The case in currently being prosecuted in the Lowell District Court.

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http://www.eagletribune.com/local/x1250115066/Lawrence-man-arrested-in-Tewksbury-road-rage-incident

Lawrence Massachusetts Criminal Defense Attorney, Violent Crimes

The crime of Assault and Battery By Means of a Dangerous Weapon Causing Serious Bodily Injury is a felony and punishable by up to fifteen years in state prison. The statute governing this crime is Massachusetts General Laws Chapter 265 Section 15A(c). For the purpose of this law the phrase "serious bodily injury" is defined as bodily injury which results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death. I am not sure how applicable this section of the law may be to this case given Keohane was released from the hospital that evening. If this case remains in the district court the maximum penalty Reyes faces is tow and one half years in the house of correction.

Continue reading "Lawrence Massachusetts Man, 19 Charged In Lowell District Court With Stabbing After Road Rage Incident" »

Acting on a tip police officers from Beverly, Massachusetts started investigating whether a local woman was providing Sex For a Fee. The woman ran an ad in backpage.com. The ad suggested certain services were available for certain prices. An undercover detective posing as a customer responded to the ad. He met with the woman who offered him her services. Backup officers heard the conversation via a transmitter. They entered the home and made an arrest. It turns out that a Peabody, Massachusetts police officer recognized a picture of the woman as someone who was warned by his department to stop posting such advertisements. Heeding the warning the woman moved from Peabody to Beverly. Officers from Danvers and Ipswich were involved in the investigation. At the time of the arrest heroin was found in the woman's apartment however no heroin charges were filed.

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http://www.salemnews.com/local/x333452032/After-warning-woman-facing-prostitution-charge

Massachusetts Prostitution Laws

Prostitution laws vary from state to state. Each state authorizes a jail sentence for first offense convictions for prostitution. Similarly, every state permits incarceration for people who are customers. The Massachusetts laws make it a crime to ask for, receive or pay for sex. If convicted in Massachusetts there is a possibility of a one year jail sentence. Nevada is the only state that currently permits prostitution is some form. Each county in Nevada sets its own laws relative to prostitution. In 2009 Rhode Island repealed a law that permitted prostitution.

Continue reading "Beverly Massachusetts Woman Advertising Erotic Massages Charged With Prostitution " »

Just yesterday the Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Benjamin Cruz wherein after the defendant prevailed on a Motion to Suppress an illegal Search and Seizure the district attorney appealed to the state's highest court. The Court held that the mere odor of burnt marijuana without more does not give rise to reasonable suspicion of criminal activity. Cruz concluded as follows. In June of 2009 Boston Police officers were in the Jamaica Plain section of Boston working undercover. The defendant was sitting in a parked car smoking what initially looked like a cigar. The officers approached the car and detected an odor of burnt marijuana. Both the driver and the defendant (front seat passenger) appeared nervous. Backup units were called and the defendant was ordered out of the car. Upon questioning the defendant admitted to having crack cocaine in his possession. The lower court judge concluded that the officers should not have ordered the defendant out of the car. Upholding this decision the Supreme Judicial Court found among other things that Cruz's behavior did not give rise to reasonable suspicion of criminal activity, rather it was more indicative of infractionary conduct, i.e. Possession of Less Than One Ounce of Marijuana which is not criminal activity. The Court further held that the police had not made a showing that probable cause existed to support a search of the car in that there was no reason to believe that a quantity of marijuana consistent with criminal activity was in the car.

As many of our blog posts have suggested Motions to Suppress when argued properly and effectively can result in suppression of evidence and ultimately a dismissal of a criminal case. Attacking police conduct on constitutional grounds is what Criminal Defense Lawyers in Massachusetts often do when defending the accused. We take the approach that every case is worth fighting. That attitude has resulted in dismissals and acquittals for countless defendants over the years.

Continue reading "Massachusetts Supreme Judicial Court Rules That Odor Of Burnt Marijuana Does Not Give Rise To Probable Cause Or Reasonable Suspicion To Justify Search And Seizure" »

This past Friday evening Salem, Massachusetts police officers saw what looked to them like a drug transaction. The suspect, Aquiles Sanchez took off in his car leading officers on a chase. He then fled on foot. However, sixty two year old John Carr saw the cruiser lights and knew something was wrong. He saw Sanchez walking through a neighbors' yard. Carr told him to stop. He did not. Instead he took off running. Carr chased Sanchez and tackled him. Carr's son and other neighbors helped out. Eventually the police arrived and made an arrest. Sanchez is being charged with Trafficking Oxycodone, Operating to Endanger and Resisting Arrest. The case will be prosecuted in the Essex County Superior Court.

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http://www.salemnews.com/local/x7462022/Salem-man-helps-police-by-tackling-drug-suspect

Essex County Drug Trafficking Defense Lawyer

As a Massachusetts Drug Crimes Defense Lawyer I am interested in knowing exactly what observations the police made that led them to charge Sanchez with Trafficking Oxycodone. Usually, officers see only "what they believe to be a drug transaction". Their reports talk about the suspect's "furtive movements" or an "exchange" they believe constituted drug distribution. Rarely are binoculars or cameras used to capture the exchange. Also, the suspected "purchaser" is needed to help prove the crime. This person usually engages a lawyer and cooperation for the purchaser is rarely used since he or she is likely to be charged with possession of the controlled substance only. Large scale drug dealers rarely conduct their business in public so the fact that Sanchez was found in possession of ten thousand dollars is not in this case likely to be supportive of this allegation. I am interested in knowing how much of the drugs were found on the purchaser and if this quantity had a value near the amount of money Sanchez was carrying. If these factors do not add up then the trafficking case might be defensible.

Continue reading "62 Year Old Salem Man Tackles Drug Trafficking Suspect, Detains Him Until Police Arrive" »

After four days of deliberations a Northern California jury rendered its verdict in the Barry Bonds perjury/obstruction of justice case. The three perjury charges stemmed from allegations that Bonds made false statements while under oath before a federal grand jury in 2003. The jury was unable to return verdicts on those counts and a mistrial was declared. On two of these three counts the jury was leaning heavily towards acquittal. However the jury did convict Bonds of obstruction of justice, a crime permitting incarceration for up to ten years. The factual basis for this conviction originated from Bonds' response to the question : "Did Greg [Anderson, Bonds personal trainer] ever give you anything that required a syringe to inject yourself with?" Bonds' response centered on his friendship with Anderson and his celebrity status. Prosecutors claim that he never answered the question. Understandably, defense attorneys are seeking to have the judge vacate this conviction.

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http://www.enterprisenews.com/news/cops_and_courts/x1890540711/Bonds-guilty-of-obstruction-of-justice

Massachusetts Federal Criminal Defense Attorney

18 U.S.C. §1503 lays out the law for a Federal Obstruction of Justice Charge. In essence, anyone who "endeavors to influence, obstruct, or impede, the due administration of justice, shall be punished". This statute was designed to target any corrupt conduct endeavoring to obstruct or interfere with the administration of justice. The Barry Bonds jury was asked to determine if his evasive answer to one question satisfies the elements of the statute beyond a reasonable doubt. Legally the word "corrupt" implies an evil or wicked purpose. The prosecution must also prove a beyond a reasonable doubt the defendant's specific intent to impede the administration of justice. I can fully appreciate Bonds' lawyers' efforts to have this conviction vacated. While his arguably rambling response to the question before the grand jury was non-responsive an intent to impede the administration of justice seems to be a reach, notwithstanding the jury's verdict. This issue will be argued again on May 20th, this time to the trial judge alone. Perhaps the conviction will be vacated.

Continue reading "Barry Bonds Convicted Of Obstruction Of Justice" »

Police in Harwich, Massachusetts observed Gianni Trombetta engaged in what they believed to be a Narcotics Sale in a local parking lot. The time and date of this sale was not disclosed in the attached article however there is a suggestion that police were investigating this matter for months. An arrest warrant was secured and at a later time Trombetta was arrested. Police found over eighteen grams of cocaine in his possession at the time of the arrest. This is a quantity that satisfies the threshold for Trafficking Cocaine in Massachusetts. Subsequently officers searched Trombetta's home. They did so after obtaining a Search Warrant. During the execution of the search warrant officers found more cocaine, approximately ten grams worth. Jilliam Prudeaux who was living at that address with Trombetta was arrested. She has been charged with Possession With the Intent to Distribute Cocaine.

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http://www.capecodtoday.com/blogs/index.php/2011/04/12/harwich-pair-arrested-on-cocaine-distrib?blog=80

Cape Cod Drug Trafficking Defense Law Firm

This article makes me suspicious about the validity of the search warrant. The Massachusetts case of Commonwealth v. Olivares, 30 Mass.App.Ct. 596 (1991) the Massachusetts Appeals Court found there was no probable cause to search a residence where there was no specific information in an affidavit connecting the defendant's residence to drug sales except observation of the defendant departing from the house and going to his place of business where a controlled buy occurred. If that is the situation here then Prudeaux has a chance to have the search suppressed.

Continue reading "Cape Cod Pair Charged With Cocaine Distribution, Possession With Intent After Cops See Sale, Execute Search Warrant" »

According to a report in the Lawrence Eagle Tribune a couple, Nicole Callahan and Brad Barton, living on Vernon Street in Haverhill invited Robert Donovan and Daniel Barley to their home. Shortly after their arrival one of the two brandished a Firearm. They demanded money from the victims. The couple said that they did not have any money. Barton was then pistol whipped. Callahan saw a gun pointed at her. The assailants left. The police were called. Callahan provided their names and stated that both were staying at a local hotel. Haverhill police went to the hotel and located Donovan and Barley in a car. A search of the car revealed a firearm. The defendants have been charged with Possession of a Firearm, Possession of Ammunition, Armed Robbery and Assault With a Dangerous Weapon. The case is currently pending in the Haverhill District Court.

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http://www.eagletribune.com/haverhill/x564244885/Two-men-arrested-for-armed-robbery-assault-on-Bradford-couple#

Any Massachusetts Criminal Defense Attorney reading this article will immediately sense something is illogical with the victim's story. The defendants who are staying in a local hotel were supposed to "hang out" with Barton and Callahan. They get "invited" to their home, an apartment. For no reason they pull out a gun and demand money. Why would the defendants think that these people had money to surrender? The "something else" the article refers to that the defendants "had in mind" is exactly what a good criminal lawyer will investigate to defend this case.

Continue reading "Pistol Whipping In Haverhill Massachusetts Ends With Two Being Charged With Armed Robbery, Gun Possession" »

John Coppinger is a level three Sex Offender living in southeastern Massachusetts. Two days ago he walked into a Target store in Kingston around 9:30 in the evening. According to a report in the Quincy Patriot Ledger Coppinger asked a store employee if it was okay for him to wear shorts in the store. He then took off his pants and was wearing "revealing skin-tight underpants" and walked around the store, stopping at one point in the woman's bathroom. Store security personnel escorted him out of the store to the parking lot where he was arrested by local police. Coppinger is being charged with Open and Gross Lewdness and Accosting and Annoying a Person of the Opposite Sex. The charges are pending in the Plymouth District Court. Coppinger has been convicted of Open and Gross Lewdness eleven times in the past.

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http://www.patriotledger.com/news/cops_and_courts/x1076645165/Repeat-sex-offender-arrested-in-Kingston-sans-pants

Massachusetts Open and Gross Lewdness Defense Lawyer

Acts like this are commonly referred to as exhibitionism or flashing. In general terms this occurs when someone exposes his or her private parts in a public place. This act is performed to attract the attention of others or for sexual purposes. When it is intended to cause shock or alarm the act becomes a criminal offense in Massachusetts. Some people have a psychological condition that causes them to behave in this manner. The condition is called apodysophilia. There are no conclusive scientific theories as to what causes this behavior. Treatment for the disorder typically consists of psychotherapy and/or medications that effect hormones.

Continue reading "Convicted Massachusetts Sex Offender Charged With Open And Gross Lewdness After Walking Around Store In Underpants" »

Armed with a Search Warrant yesterday Brockton, Massachusetts Police went to 28 Bunker Avenue, the home of Kamal Smith. They arrived to find Smith in his bedroom. He had near him a handgun, ammunition and some Marijuana. During the search officers also found nearly twenty grams of crack cocaine with an estimated street value of two thousand dollars. The bags of crack were individually wrapped. It is likely that Smith will be charged with Trafficking Cocaine Over Fourteen Grams in the Plymouth County Superior Court. It is also expected that charges of Unlawful Possession of a Firearm will issue as well. Additionally, over twenty Percocet pills were found and seized. Smith faces charges of Possession With the Intent to Distribute Class C and a School Zone Violation for this.

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http://www.enterprisenews.com/news/cops_and_courts/x1076645145/Brockton-police-seize-2-000-worth-of-crack-cocaine-in-drug-bust

Brockton Massachusetts Drug Trafficking Defense Lawyer

So what are the indicia of Trafficking here as opposed to simple possession. The prosecution will argue several factors in support of this contention. The quantity of the drugs is most significant. The district attorney will have a drug expert, probably an experienced narcotics officer who will say that the quantity of drugs exceeded what is expected for someone who consumes those substances. The individual packaging also suggests the intent to sell. The gun they will argue was used as protection from potential drug rip offs. Conversely, Smith might be able to show a large drug habit and a recent purchase of the drugs. The absence of scales, packaging materials, drug receipts and more may help cast some doubt on the allegations of distribution as well. Smith's Massachusetts Criminal Defense Attorney will investigate defenses such as this as well as likely mounting an attack on the legality of the Search.

Continue reading "Brockton Man, 30 Arrested For Cocaine Trafficking, Firearm Possession After Cops Execute Search Warrant" »

Two days ago Donald Slason of Dedham, Massachusetts was arrested. He has been charged with Possession of Child Pornography and Transportation of Child Pornography in the Massachusetts Federal District Court. No details other than the United States Attorney's press release were provided.

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http://www.thecypresstimes.com/article/News/National_News/MASSACHUSETTS_MAN_INDICTED_ON_CHILD_PORNOGRAPHY_CHARGES/42718

Massachusetts Federal Child Pornography Defense Lawyer

18 U.S.C. §2252 and 18 U.S.C. §2252A are the primary Federal Child Pornography Statutes. Federal law takes effect when the images are transported across state lines or when the image was created with materials that were transported across state lines. People sending this material to someone in the same state might still be subject to this law if the server for the email is in another state. Mailing Child Pornography triggers the viability of this statute. It is also illegal to download Child Pornography from internet websites. Anyone convicted for transporting or distributing child pornography is subject to a five year mandatory minimum prison sentence of five years. The federal statute has certain affirmative defenses built in to it. This however is not an exhaustive list of the potential defenses that can be set forth during the trial of these charges. Many downloads come in bulk transfers made unintentionally. This can occur through emails or file share programs. People innocently searching for certain information can inadvertently access and download child porn. For instance, the website whitehouse.com used to be a website containing adult content. People who searched for this site thinking they were looking up facts about our presidents' home were innocently surprised to find out that they were looking at something other than the White House. It is critical that anyone charged with this crime immediately contact an Experienced Child Pornography Defense Lawyer.

Continue reading "Dedham Man To Face Child Pornography Charges In Massachusetts Federal Court" »