Massachusetts Criminal Defense Attorney Blog

Jeanette Bearden of Carson, California was arraigned in the Lynn District Court yesterday after undercover police officers arrested her for Prostitution. Bearden, 44 had placed in advertisement on www.backpage.com in which she offered unspecified services. Responding to the ad were local police officers. One of the officers called the number listed by Bearden. Bearden referred him to her website which provided a service and rate chart. With a surveillance operation in place the officer went to Bearden's hotel room in Saugus, Massachusetts. She solicited him telling him that he would have to take his clothes off. The surveillance team entered the room and effectuated an arrest. The operation took place this past Wednesday. Bearden has been charged with Sexual Conduct for a Fee. Bail in the amount of two thousand five hundred dollars was set.

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Massachusetts Prostitution Defense Attorney

Backpage has become the most popular website for this type of activity. Its popularity has soared since Craigslist got rid of its domestic erotic services section back in September of 2010. Making arrests for this activity is relatively easy however curtailing the activity is not. You can read internet articles and see that arrests are made daily using the investigative techniques that resulted in Bearden's demise. However, compare this to the number of advertisements that are placed daily and you will see that eradicating this activity is impossible. Many of the people arrested in these operations are from out of state. They fly into a different city, set up their operation, work and leave after a short stay. This makes monitoring their activity difficult if not impossible. Prostitution laws differ from state to state. The prostitutes know this. Websites post comparative laws for prostitution convictions. This enables the more savvy participant the opportunity to keep his or her operation fluid and more likely to avoid detection.

Sex For a Fee in Massachusetts is a misdemeanor. There is a maximum one year house of correction sentence that can be imposed upon a conviction for the offense. For first time offenders a good Massachusetts Criminal Defense Attorney might be able to get the charges dismissed on court costs or convince the district attorney to agree to pre-trial probation. This makes your selection of a criminal lawyer all the more important. Before hiring a lawyer for a Prostitution in Massachusetts charge make sure that the lawyer has explained to you all of your rights and options. You also want to make sure your lawyer has experience in the court where you have been charged and that he or she has appeared before the judges who sit in that courthouse.

Continue reading "Prostitute Arrested In Saugus For Sexual Conduct For A Fee After Cops Respond To Backpage Advertisement" »

The Brockton Enterprise reported that Theresa Foley of Stoughton, Massachusetts was arrested at her workplace following an investigation in which police allegedly witnessed her sell drugs on six separate days. The investigation began earlier this month when a Dedham Police Detective gained information that Foley was dealing drugs. Police investigating the allegations set up surveillance. They witnessed Foley leave work, travel to nearby parking lots and engage in hand to hand sales. It is further alleged that Foley was observed selling drugs from her home as well. Armed with this information the police followed Foley one last time. Following her established pattern she was seen selling to a man in a pickup truck. The man, a resident of Norwood was stopped by the police. In his possession they found a couple of bags of heroin. The purchaser was charged with Possession of Heroin and Conspiracy. Foley was then arrested. She has been charged with Conspiracy, Distribution of Heroin, a School Zone Violation and Possession of Class A With Intent to Distribute. The case in pending in the Dedham District Court. Foley was also found in possession of Drug Paraphernalia. It is reported that she confessed to these crimes.

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http://www.enterprisenews.com/news/cops_and_courts/x157799408/Police-Stoughton-woman-caught-dealing-drugs-on-lunch-break

Dedham Drug Crimes Defense Attorney

The strength of the district attorney's case here lies in what Foley possessed when she was arrested, as well as in her confession. While observing the sales might constitute circumstantial evidence that she was involved in drug dealing it would not be enough to sustain a conviction if that was the only evidence in the case. I have blogged on this before. When someone is seen selling drugs and the buyers are caught with the drugs the prosecution cannot usually prove the sale. This is because the buyer has a constitutional right not to testify due to his or her involvement in the criminal activity. Thus, if the buyer is himself not caught with drugs in his possession there is not nexus between the seller and buyer sufficient to sustain the prosecution. Simply put, the district attorney needs the buyer's cooperation, something that is extremely rare. However, the police observation certainly gives rise to reasonable suspicion to stop and frisk the seller. If the seller is found in possession of the drugs the prosecution then becomes more viable.

Continue reading "Stoughton Woman Arrested In Dedham After Cops Watch Her Deal Drugs From Workplace" »

According to a report on boston.com Norman Barnes of Dorchester, Massachusetts Kidnapped a fifteen year old girl on May 7th, kept her against her will and forced her to work as a prostitute. On Thursday the girl was able to escape from her hotel room. She went to the hotel lobby and contacted some relatives. One of the relatives got hold of a state trooper who was nearby. The trooper arrested Barnes. It is alleged that Barnes made the girl work as a prostitute in Dorchester, Danvers and Quincy. Authorities have also accused Barnes of raping the girl.

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Boston Rape Defense Lawyer

It appears from this article that Barnes is going to be charged with Rape, Kidnapping and Inducing a Minor Into Prostitution at the very least. The latter crime is the only one with a minimum mandatory sentence. Massachusetts General Laws Chapter 272 Section 4A states that anyone who induces a minor to becoming a prostitute must serve at least three years in state prison. The law requires the district attorney to prove beyond a reasonable doubt that the minor was not already engaged in the business of prostitution. This is a unique law in that it permits the defense to introduce evidence that the minor was in fact a prostitute prior to the defendant's involvement with her. In most cases, the Rape Shield Statute prohibits evidence pertaining to a victim's sexual history. At times prosecutors drop this charge and proceed with other charges that arguably keep the door closed on evidence that might show a victim's sexually active or suspect past.

Continue reading "Dorchester Man Arrested, Charged With Kidnapping Girl 15, Forcing Her To Work As A Prostitute" »

According to the Brockton Enterprise, Jesse Sheridan of Norton, Massachusetts has been arrested and charged with Drug Trafficking, Possession With Intent to Distribute Marijuana and Possession With Intent to Distribute Oxycodone. The article states that Sheridan was arrested after a "months-long investigation", the specifics of which were not disclosed. The charges are pending in the Taunton District Court however it is likely that this case will be prosecuted in the Bristol County Superior Court.

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http://www.enterprisenews.com/news/cops_and_courts/x1292319642/Norton-police-seize-170-oxycodone-pills-from-Village-Way-condominium

So what exactly is Oxycodone? It is a prescription drug advertised and prescribed to relieve moderate to severe pain. It comes in liquid and tablet forms. It is a highly addictive drug. It can be habit-forming. Studies suggest that Oxycodone addicts have a tendency to turn to heroin as a cheaper alternative once their prescriptions run out or they are unable to pay for the drug. Oxycontin pills with 80 milligram strength can sell for as much as one hundred dollars per pill on the streets. Heroin on the other hand can be accessed in small yet temporarily satisfying quantities for under ten dollars per hit. Prosecutors in Massachusetts understand the dangers of Oxycodone and they endeavor to punish the dealers with stiff, unforgiving sentences. It is at times the job of the Massachusetts Drug Trafficking Defense Lawyer to educate the prosecutors and sometimes the judges that not all of these dealers are in it for a profit. Many sell these drugs simply to support their unfortunately severe habits. The trafficking operations of these people are often shoddy and disorganized. Their motives, i.e. to satisfy their habits will be obvious. In these situations, if the case is not suitable for trial or a successful Motion to Suppress plea negotiations come into play. Here is where the experience of your lawyer becomes critical.

Continue reading "Police Seizure Of Oxycodone Leads To Arrest Of Norton Massachusetts Man, Drug Trafficking Charges" »

Andrea Davio-Michaud is forty years old. She is an inmate at M.C.I. Framingham. She has been convicted of Identity Fraud and Credit Card Fraud and is serving a sentence for those crimes. In October of last year Davio-Michaud reported that she had been raped at a halfway house where she was serving out the remainder of her sentence. She claimed to have been approached from behind by an unknown man while she was in the bathroom, dragged to her room and raped. A police investigation disclosed inconsistencies in her story. Then, her husband told authorities that Davio-Michaud had made several other false rape claims in the past and that she would injure herself to support her fictitious story. Yesterday, Davio-Michaud pleaded guilty to Filing a False Police Report and was sentenced to six months to be served concurrently with the sentence she is now serving. The case was prosecuted in the Framingham District Court.

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http://www.metrowestdailynews.com/news/police_and_fire/x1990774051/Woman-pleads-guilty-to-false-rape-report-in-Hopkinton

Framingham Rape Defense Lawyer

Massachusetts General Laws Chapter 269 Section 13A states that anyone who knowingly makes a false police report is guilty of a misdemeanor and can be punished for up to one year in the house of correction. In the context of this case it seems like a rather minor charge given that if someone had been charged with Rape as a result of the lies that person's life would be turned upside down. He would suffer the stigma of a heinous accusation, possibly lose his job and have to spend money retaining a Massachusetts Criminal Lawyer who defends Rape Cases. Based on this article it appears that Davio-Michaud had a great lawyer representing her.

Continue reading "Framingham Inmate Pleads Guilty To Making A False Rape Report" »

Earlier today the Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Levy, SJC 10778. A brief history of the case is as follows: The defendant filed and argued a Motion to Suppress a search in the Brockton District Court. The motion was allowed. The district attorney appealed the decision. The appeal was allowed the ruling of the lower court was reversed. The Supreme Judicial Court permitted further appellate review. It agreed with the lower court and overturned the Massachusetts Appeals Court's decision.

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Commonwealth v. Levy

The district court judge found that in January of 2007 a surveillance was set up by Brockton Police monitoring the use of payphones near a market. It was believed that those phones were being used to conduct drug transactions. One particular evening around 10:00 p.m. two women and a male pulled up to the payphones in a car. The man got out and made a brief call. The three then left in the car and drove a short distance away. The man got out of the car and paced up and down the street. Minutes later another vehicle containing three occupants approached. The man got into the car for a short, thirty second drive. He then got out of the car and got back into his own vehicle. Believing that a drug transaction had occurred the police stopped the second vehicle. The defendant was seated in the front passenger seat. He was asked to get out of the car. He was searched and in his boot officers found twenty eight packages of crack cocaine.

The Supreme Judicial Court held that the police did not have probable cause to arrest Levy and to search his boot. In support of that decision the Court found that no police officer witnessed any sort of exchange indicative of a drug transaction. None of the parties were known drug dealers or users. Reasonable suspicion did exist justifying a stop and questioning. The search however required probable cause which was not present in this case.

Continue reading "Massachusetts Supreme Judicial Court Affirms Suppression Of Evidence Found In Brockton Man's Boot" »

According to a report on Boston.com, Andrew Curda of Peabody, Massachusetts has been arrested in connection with Drug Trafficking activity in Massachusetts. It is alleged that Curda sold cocaine to an undercover law enforcement officer on three occasions. Curda is being charged with Trafficking Cocaine, a School Zone Violation and Possession of Oxycodone. Police from Beverly, Ipswich and Everett were involved in the investigation. Apparently the website Tip411 was instrumental in the investigation. The case will initially be prosecuted in the Peabody District Court.

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http://www.boston.com/yourtown/news/peabody/2011/05/peabody_man_charged_with_drug.html

Drug Crimes Defense Attorney in Massachusetts

So what exactly is tip411. Anyone can use a cell phone to send an anonymous tip to a local police department. The tip itself is one hundred anonymous so there is no way to identify the sender. It is not a substitute for an emergency 911 call. Rather it is a way for concerned citizens to make their community safer without fearing reprisals from the people they report. Information regarding caller identification cannot be subpoenaed either. Obviously, from the perspective of a Massachusetts Criminal Attorney certain constitutional issues might arise from the follow up of one of these tips. Regardless of the existence of the tip, the police are still constrained by Fourth Amendment guarantees and Article 14 protections. The anonymous tipster lacks the reliability or basis of knowledge needed to sustain Searches and Seizures in certain instances. An legal attack on this information may in some instances result in the dismissal of drug charges.

Continue reading "Peabody Massachusetts Man Arrested On Cocaine Trafficking Charges, School Zone Violation" »

Criminal jury trials in Massachusetts and for that matter everywhere are not always at exciting as the avid follower of lawyer televisions programs might believe. There can be times where a jury trial is just downright boring. Technical evidence such as DNA or medical testimony can send the average person into lala land. Jurors want to see evidence that is juicy and graphic. They want to hear horrifying or sexy eyewitness testimonies. Some trials however simply do not involve that type of fun stuff. Instead, prosecutors and defense attorney must focus on facts and details that can put jurors to sleep. In fact, that sometimes happens. That's right. Jurors can fall asleep. So how do Massachusetts Criminal Defense Attorneys and the Massachusetts Courts handle this issue? The answer to that came out today in Commonwealth v. Dyous, 10-P-603.

Commonwealth v. Dyous, 10-P-603, May 12, 2011

In Dyous, a Larceny case, the district attorney prosecuting the case alerted the trial judge to the fact that a juror had been sleeping "quite a bit". The judge refused to make an inquiry and claimed that she did not observe the juror actually sleeping. The defendant was convicted and this became an issue on appeal. The Massachusetts Appeals Court clarified some long standing principles regarding the right to a trial by an impartial jury. It made clear that an impartial juror must also be attentive. Once this fact is brought to the trial judge's attention it is the obligation of that judge to take action. The judge is to conduct a voir dire to see if the juror is capable of rendering a verdict based on the evidence. Obviously, if he or she slept through part of the trial this task would be impossible. In Dyous, the Massachusetts Appeals Court found that the absence of a voir dire left serious doubts as to the juror's attentiveness thereby compromising the verdict and requiring a reversal of the conviction.

Continue reading "How To Handle Sleeping Jurors In Massachusetts" »

On January 21, 2011 Geison Ferraras of Lawrence, Massachusetts was at his home, a third floor apartment on South Broadway. Police executed a Search Warrant targeting someone else in the building. They found drugs and guns on the second floor. However, during the course of the search they also came across Ferraras who was "hiding in a back stairwell" according to prosecutors. The guns and drugs were not found on Ferraras' possession. They were found nearby. The amount of drugs exceeds fourteen grams but is less than twenty eight grams. In addition to the Firearms, Ammunition was located. Ferraras is being charged with Trafficking Over 14 Grams of Cocaine and Possession of Firearm. The case is being prosecuted in the Essex County Superior Court in Salem, Massachusetts.

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http://www.eagletribune.com/local/x123359621/Police-Man-found-hiding-with-guns

As every Massachusetts Criminal Defense Lawyer knows merely being present at or near the scene of a crime is not sufficient to sustain a conviction. At least for now this appears to be the position of the defendant in this case. Massachusetts judges give a jury instruction in many cases like this one that tells jurors that being present even if the person knew that a crime was committed or was about to be committed does not mean that he or she is guilty of that crime. Rather, the prosecution must prove intentional participation in the crime beyond a reasonable doubt before a jury can convict. It would be expected that the district attorney in this case would have more evidence than is mentioned in the newspaper account given that this case is being prosecuted in the Superior Court.

Continue reading "Lawrence Massachusetts Man Arraigned On Charges Of Carrying A Firearm, Cocaine Trafficking Stemming From January Search Warrant" »

Yesterday around 5:30 p.m. Lawrence, Massachusetts police officers responded to a call complaining about people sitting in a car using drugs. Officers investigating the call arrived to find four people sitting in a parked car in a restaurant parking lot. The article reporting this incident suggests that all four were either using or about to use heroin. During the investigation, the driver later identified as Gary Hartwell was found with a ligature around his arm and a needle in the driver's door containing liquefied heroin in a state ready for immediate use. Hartwell was charged with Possession of Heroin, Operating Without a License and Knowingly Being Present Where Heroin is Kept. The three passengers are facing similar Drug Charges. Two additional loaded syringes were found in the car. The case is being prosecuted in the Lawrence District Court.

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http://www.eagletribune.com/local/x1892928801/Four-charged-with-drug-offenses

Massachusetts General Laws Chapter 94C Section 35 makes it a crime to knowingly be present where heroin is kept or to knowingly be in someone's presence who is in possession of heroin. The crime is a misdemeanor and punishable by up to one year in the house of correction and/or up to a one thousand dollar fine. This law in somewhat unique in that it requires affirmative responses of anyone who becomes aware that heroin is in his or her presence or on someone they are with. Usually laws do not punish people who are "present only". As a matter of fact, there is a jury instruction that tells jurors that if they find that a person was merely present at a crime scene that person cannot be convicted for that crime. The opposite is true here and anyone charged with this offense should contact a criminal defense lawyer right away.

Continue reading "Lawrence Massachusetts Police Arrest Three On Heroin Charges" »

Christopher Rossi was arrested this past weekend. He has been charged with Indecent Assault and Battery, Child Enticement and Rape. Yesterday he was arraigned in the Framingham District Court and held on twenty five thousand dollars cash bail. The article reporting this store provided little in the way of detail noting primarily that Rossi admitted to having committed the alleged crimes, even going so far as to flag down the police who responded to the call. It is alleged that the acts occurred over a three year period. An indictment to the Middlesex Superior Court in Woburn is all but certain given the nature of these charges.

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http://www.metrowestdailynews.com/news/police_and_fire/x1760689900/Ashland-man-admits-to-sexually-assaulting-girl

As a Massachusetts Criminal Defense Lawyer I can tell you that no crime is more difficult to defend than allegations of sexual assault involving children. The repugnant nature of these crimes makes every aspect of the defense difficult. Jury selection is extremely difficult. It is often quicker to impanel juries in murder cases than in Massachusetts Child Rape Cases. Prospective jurors in criminal cases in Massachusetts are immediately informed of the allegations against the defendant. Judges ask a myriad of questions concerning the criminal process and they typically conclude by asking the jurors if there is anything about the nature of the allegations that would prevent them from sitting impartially. Right away hands get raised and one by one the jurors are brought to the side bar where they voice their discomfort with the subject matter. Many of them make clear that they cannot sit on such a case and be fair and impartial. The good news is that these people will not be sitting on the case. Massachusetts judges usually do a great job helping weed these people out to make room for twelve impartial people to judge the facts. Even though these cases are hard to defend I usually find that the juries I have in child sexual assault trials are the most well screened and attentive. This reminds me that no matter how severe the charges a good defense can result in success.

Continue reading "Massachusetts Man, 22 Facing Child Rape Charges Arraigned In Framingham" »