Massachusetts Criminal Defense Attorney Blog

Earlier today four Massachusetts teenagers were being arraigned in Quincy District Court. All four are being charged with murder after a twenty one year old Randolph man was killed over the weekend. After the arraignment someone in the audience yelled out words of support to the defendants. The victim's family took exception to that. A fight broke out requiring the Quincy District Court court officers and the Quincy police to intervene. In all, five people were arrested and charged with Disorderly Conduct. None of the defendants were named in the report.

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Quincy Massachusetts Criminal Lawyer

In order to prove someone guilty of Disorderly Conduct in Massachusetts the district attorney must prove three elements, each beyond a reasonable doubt. It first must that the accused either intended to cause alarm or that he acted recklessly thereby creating a risk of alarm. Second, the district attorney must prove that the defendant fought, threatened or engaged in tumultuous or violent conduct. Third, that the defendant's actions created an offensive or hazardous condition which has no legitimate purpose to the defendant.

Not too long ago the Massachusetts Appeals Court reversed a disorderly person conviction. In that case, a Massachusetts state police officer drove up to a hotel parking lot and saw a man and a woman in a car. The was seemingly shaking his finger and yelling at the woman who was in the driver's seat. The officer could hear the yelling but could not make out any words. Backup units arrived and the woman made clear that she did not want the man to be arrested. The officers told the man that he would be summonsed to court. He started flailing his arms telling the police that they were violating his civil rights. He was arrested and charged, among other things with disorderly person. In reversing the conviction the Appeals Court stated that the defendant's conduct did not amount to "violent or tumultuous behavior". Citing another Massachusetts case the Court held that "[t]o be disorderly, within the sense of the statute, the conduct must disturb through acts other than speech; neither a provocative nor a foul mouth transgresses the statute."

As a Massachusetts Criminal Lawyer I would be interested in reading the police reports in the Quincy cases. We have had countless disorderly conduct cases dismissed where the defendant was arrested for incidents involving his use of speech only. Many police officers do not realize this to be the law and they make arrests and file charges based on protected conduct. Also, this case took place in Quincy. If the alleged acts occurred in the first session courtroom they will be recorded. That court started a pilot program wherein the cases in that courtroom air live through a webcam. Some of these people's defenses might be provable through the footage from that system. Here is one more thing to keep in mind. Many legal scholars believe that this statute is unconstitutional. While it has survived constitutional muster it has been suggested that a Massachusetts Criminal Lawyer defending one of these cases should challenge the statute to preserve any potential future appellate issues.

Continue reading "Courtroom Brawl Following Murder Arraignment Results In Five People Arrested, Charged With Disorderly Person In Quincy Massachusetts " »

Hector Ortiz of Framingham, Massachusetts had been dating a woman who lived on Edgell Road until a few weeks ago when she broke up with him. She quickly became involved with someone else. Jealous and scorned, Ortiz concocted a plan to exact his revenge. This past Friday Ortiz followed the woman and her new boyfriend to a local restaurant. He then followed the two to the woman's home and tried to force his way inside. The woman then went to the police station to make a report. While at the station, based on a tip from Ortiz the police found cocaine tucked into the woman's gas cap. Both she and her boyfriend were arrested and charged with Possession With the Intent to Distribute Cocaine.

The woman then told the police a story that gave them concern. She claimed that a couple of weeks back, after she and Ortiz broke up, Ortiz went to her apartment and spent the night. The next day she woke up to find Ortiz on top of her attempting to rape her. The woman yelled. Ortiz ran off, supposedly with her cell phone. She never reported the incident until after the drug arrest.

The Framingham Police interviewed Ortiz. He admitted to placing the drugs in the gas cap. He stated that he wanted to get the new boyfriend in trouble but that his plan failed when the woman was also arrested. Ortiz has been charged with several crimes in the Framingham District Court; specifically, Civil Rights Violation, Possession With the Intent to Distribute Cocaine, a Class B Substance, Indecent Assault and Battery, Intimidation of a Witness, Stalking, Assault With the Intent to Commit Rape, Filing a False Police Report and Threatening to Commit a Crime. Charges against the woman and her new boyfriend were dropped however the boyfriend was held on in ICE detainer.

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Massachusetts Drug Crimes Lawyer

While the drug case seems to be an easy one for the district attorney the Attempted Rape matter might be more difficult to prove. Here is why. Jurors are going to question why this woman would allow her ex-boyfriend to spend the night in her home particularly where she had just become involved with another man. Jurors will also question the delayed disclosure of the alleged incident. The timing of the disclosure of the Sexual Assault is also suspect. It comes after the woman was charged with violating the controlled substances act. This suggests to jurors a motive for the woman to fabricate this story. Or perhaps her new boyfriend found out that Ortiz spent the night with her and she felt compelled to come up with this story to preserve her relationship.

Jurors are always charged with an instruction on the credibility of witnesses. Jurors are told that they can believe all, some or none of what a witness says in court. Jurors are instructed to use their common sense in evaluating the credibility of a witness. Jurors are to consider whether there exists a motive for testifying in a certain way or whether the witness might have hostility towards the defendant. In this case, one of the things Ortiz's Massachusetts Criminal Lawyer will focus on is the woman's credibility in view of her late disclosure of the Sex Crime and her motive for making that revelation when she did.

Continue reading "Framingham Massachusetts Man, 34, Charged With Attempted Rape, Possession With Intent To Distribute Cocaine" »

Michael Brundige is fifty seven years old. The Quincy resident is facing twenty counts of Rape of a Child in Norfolk County and Plymouth County dating back as far as 1990. The Plymouth County case is being prosecuted in Brockton, Massachusetts. The alleged victim in that case was between the ages of six and eight when what has been charged as one count of abuse occurred. About one year ago Brundige was charged with three counts of Indecent Assault and Battery and three counts of Child Rape in the Norfolk County Superior Court in Dedham. Just last week Brundige was charged with sixteen counts of Child Rape, all of which are currently pending in the Quincy District Court. The prosecution contends that those acts occurred over an eight year period.

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Norfolk County Rape Defense Attorney

Our office represents many people charged with Rape of a Child in Massachusetts. Oftentimes the accused is facing accusations that occurred several years earlier. I am always asked whether the statute of limitations expired and whether or not the district can go forward with the case. The answer is complicated. Massachusetts legislature and courts have expanded the statute of limitations for this crime on several occasions. Prior to 1985 the statute of limitations was six years. Then, in 1985 the statute of limitations was extended to ten years. A Massachusetts Appeals Court decision interpreted the amendment to include those cases that preceded the amendment date. Thus for instance, an alleged act that occurred in 1977 would no longer be barred by the statute of limitations after the passage of the amendment. In 2006 the statute of limitations was again extended. This time the legislature wrote that the crime of Rape of a Child could be prosecuted anytime after the commission of the crime. In other words, there is really no statute of limitations for this crime anymore in Massachusetts. There is one caveat however. The law states that "any indictment or complaint found and filed more than 27 years after the date of commission of such offense shall be supported by independent evidence that corroborates the victim's allegation. Such independent evidence shall be admissible during trial and shall not consist exclusively of the opinions of mental health professionals." As a practical matter, if the district attorney wants to prosecute one of these cases he or she can do so at virtually any time.

In matters like this one the defendant needs to hire an experienced Massachusetts Criminal Lawyer. A successful defense to old Child Abuse cases requires a thorough investigation. It requires tenacious advocacy. Anyone defending these cases needs to explore the motivation of the accuser for the delayed disclosure. There is also a need to get a judge to order the prosecutor to disclose details of the event such as a particular date, time and location rather then permitting the accuser to simply say that the event happened when he or she was six or eight years old.

Continue reading "Quincy Massachusetts Man Charged With Child Rape In Quincy, Brockton For Incidents Dating Back To 1990, 2001" »

Back on October 4, 2011 a robbery occurred in Westford, Massachusetts at a liquor store. The incident was caught on a security videotape. The culprit was seen attacking the store clerk and making off with hundreds of dollars cash. The videotape also captured a woman authorities believe to this man's girlfriend in the store earlier. The Westford Police posted the videotape on Facebook. A few weeks later a forty one year old Beverly man, Michael Whitcomb was arrested by Peabody police for another crime, a Robbery and Stabbing. His girlfriend, Jennifer Avola of Danvers was also arrested. The Peabody police saw the Westford posting and were able to make a connection to the robberies. The Salem News reports that Whitcomb might be responsible for similar robberies in which liquor stores and convenience stores were targeted. These occurred in the towns of Rowley, Georgetown and Ipswich. Both defendants are facing felony charges in the Ayer District Court for Larceny Over $250, Unarmed Robbery and Assault and Battery. Whitcomb is also charged with similar crimes in the Newburyport District Court as well as Assault and Battery By Means of a Dangerous Weapon for stabbing the clerk.

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Massachusetts Criminal Defense Lawyer, Social Media And Criminal Law

What Massachusetts Criminal Lawyers are seeing quite a bit of these days is the use of social media to help prosecute crimes. Police departments throughout the state have websites, Facebook pages and Twitter accounts through which they post information targeting leads for unsolved crimes or the location of suspects in criminal cases. These agencies are also alerting the public to certain conditions to avoid being victimized. Various federal agencies are resorting to the social media to help with their investigations as well. It is working. Think back to game seven of the Stanley Cup Playoffs last year. Do you remember the riots? Many of the people responsible for the mele were identified through social media.

More and more of my clients find themselves in court as a result of some sort of investigation that involved social media outlets. Sometimes these people posted information that made them suspects. At times the source of the information is co-conspirators posting events and information that the police use to initiate their prosecution. This is why I tell my clients to be careful what they put in writing. Now not all of this is bad. As a matter of fact sometimes the social media helps the defense attorney more than the prosecutor. Our office has been able to discredit witnesses at trial through their social media postings. For instance, at one recent trial a witness testified that her life was ruined as a result of an alleged sexual assault committed by one of our clients. She testified that she could not go out or socialize. She claimed that she was unable to establish friendships as a result of the abuse and that she was constantly alone, scared and depressed. Her Facebook page and her MySpace pages suggested otherwise. There were hundreds of postings of her at parties, drinking, vacationing, socializing and living life in a manner that was entirely contradictory to her representations. Her testimony quickly became suspect.

Continue reading "Facebook Posting Helps Cops Make Arrests In Armed Robbery Case Involving Beverly And Danvers Massachusetts Pair" »

Celina Garcia is an insurance claims adjuster. She works for Liberty Mutual. The thirty-four you old Lawrence, Massachusetts resident is now in some trouble. The Lawrence Eagle Tribune reports that about six months ago Garcia could not get her car started. She had it towed to a shot in New Hampshire and was told that the car had a bad timing belt. Garcia left the car with the mechanic. About two months later the mechanic called Garcia to see what she wanted to do with the car. She told him that she reported the car stolen. The mechanic then called the police. In all, Garcia collected over seven thousand dollars from the insurance company as a result of her false reports. She has been charged with various crimes in the Lawrence District Court; specifically, Larceny Over $250, Insurance Fraud and Filing a False Police Report.

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Massachusetts Fraud Defense Law Firm

Larceny Over $250 in Massachusetts is a felony. The crime is set out in Massachusetts General Laws Chapter 266 Section 30. A conviction for this offense carries a possible five year state prison sentence. More likely than not Garcia has no criminal record so it would not surprise me to see this case remain in the district court. There, the maximum sentence a judge can impose is one year in the county jail. I would imagine that Garcia will receive no more than a continuance without a finding with an order of restitution to the insurance company.

The crime of Larceny in Massachusetts is defined as the unlawful taking and carrying away of personal property of another with specific intent to deprive person of property permanently. The property in this case is that of the insurance company. If the reported facts are true and comprehensive then Garcia's defenses are limited. However, here is what catches my eyes. Garcia is in the insurance business. She is a claims adjuster. She knows how insurance claims are investigated and defended. She, more than anybody would know the pitfalls and dangers of engaging in this type of criminal activity. She would also be cognizant of just how easy it is to get caught committing this type of crime, particularly if it was done as suggested by this article. Moreover, why would she admit to the mechanic that she was filing a false insurance claim. It makes no sense. There is no indication that Garcia knew this man. So why would she trust him with her confession to having committed a felony? How would this benefit her? What would she have to gain by telling this to someone? As is the case in any criminal matter the facts need to be examined more closely, something I am sure that Garcia's Massachusetts Criminal Lawyer will do.

Continue reading "Lawrence Massachusetts Woman Charged With Insurance Fraud, Filing a False Police Report, Larceny Over $250" »

Shortly after 7:00 a.m. Sunday morning Framingham, Massachusetts police received a call for a disturbance on Dinsmore Avenue. When they arrived they heard a woman screaming. The officers entered the home and found Marvin Alvarenga holding his ex-wife and her daughter against a wall. The ex-wife was bloodied and bruised. The daughter complained about having suffered some injuries as well. The ex-wife told police that she met with Alvarenga the previous night for dinner. The purpose of the meeting was to discuss the woman having a Restraining Order against Alvarenga dismissed. Apparently the meeting did not go well. The woman told the police that Alvarenga then forced her to drive him to her Framingham home where he beat her. He did however permit her to contact her daughter who went to the home. Once she entered the property it is alleged that the daughter was not allowed to leave and was threatened with a beer bottle. Alvarenga is being charged with Assault by Means of a Dangerous Weapon, Assault and Battery, Kidnapping, Intimidation of a Witness and Violating a Restraining Order. Alvarenga has an open Assault and Battery case on which bail was revoked. Through his lawyer Alvarenga denied all allegations. The case is pending in the Framingham District Court.

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Framingham Massachusetts Criminal Lawyer, Kidnapping, Violation of 209A Orders

Typically in cases involving Domestic Violence witness credibility becomes a critical issue. This is because the defenses to these cases implicate a history between the parties that is usually admissible as evidence at trial. Massachusetts Criminal Lawyers will tell you that very often the initiator of a Restraining Order makes his or her application to gain an advantage or control over someone with whom they are involved. Take this case for instance. Why would the "victim" want to meet with Alvarenga for dinner to discuss vacating the existing Restraining Order? Keep in mind that the issuance of the order contemplates a judge finding a substantial likelihood of an immediate danger of abuse. This is based on an affidavit and/or the testimony of the complainant who admits to being in fear of this person. It hardly makes sense for someone truly feeling this way to drive from Framingham to Boston to discuss terminating the order over dinner. This will hurt the woman's credibility. Alvarenga should have known that the dinner meeting constitutes a violation of the order. I have seen many cases where the complainant contacts the defendant, usually by text, email or voicemail message. This action is naturally designed to elicit a response. The response constitutes a Violation of the 209A Order that is virtually indefensible. Most troubling about this is that this action is deliberate on the part of the "victim". I have represented countless people who have responded to the unsolicited contact and found that to be the basis for the issuance of a complaint. Once again, the "victims" can use this tactic to gain a personal advantage over the accused or as a form of retaliation for some non-criminal issue with which they took issue.

While the ex-wife's credibility might be questioned at least as to some of the counts, Alvarenga's problems are going to come from the police officers testimonies. They heard the screams, witnessed some of the incident and saw the ex-wife in a bloodied condition. While the Kidnapping counts might easily be challenged the Assault Charges are going to be more difficult to beat.

Continue reading "Framingham Massachusetts Man, 38 Charged With Assault And Battery, Kidnapping On Ex-Wife" »

James Hughes is fifty one years old. He lives in Dracut, Massachusetts. According to a report in the Lawrence Eagle Tribune Hughes is now facing charges of Larceny From a Person Over Sixty Five Years Old, and Credit Card Fraud. The case in pending in the Peabody District Court. The article states that Hughes lived in a condominium complex with his mother. The victim lives in the same complex. She trusted Hughes with her credit cards to do errands for her. It is alleged that he used the cards to finance gambling trips and for personal purchases. The credit card charges exceed forty eight thousand dollars. Some of the charges to the credit cards were incurred while the woman was in a nursing home.

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Essex County Fraud Defense Attorney

The article goes on to say that Hughes lawyer will be arguing a Motion to Dismiss the charges, perhaps sometime today. Motions to dismiss are practical tools a Massachusetts Criminal Lawyer will often use to get rid of a case that never should have been filed in the first place. These motions have become particularly popular in the last ten years, since the Massachusetts Supreme Judicial Court decided the case of Commonwealth v. DiBennadetto, 436 Mass. 310 (2002). In DiBennadetto, the Court held that a motion to dismiss, is the appropriate and only way to challenge a finding of probable cause. Clerks are bound by the tenets of Massachusetts General Laws Chapter 218, Sections 35 and 35A establishing the requirement of probable cause before a criminal complaint can be issued. DiBennadetto says that this can be challenged. After the issuance of a complaint, a motion to dismiss will lie for a failure to present sufficient evidence to the clerk-magistrate. These motions can also be filed on the basis that there was a violation of the integrity of the Clerk's Hearing proceeding or for any other reason deemed necessary to challenge the validity of the complaint. These motions work, particularly when argued before a judge who knows and applies the law.

In the event the motion fails, Hughes will have to defend some very serious charges. Larceny From the Person, Massachusetts General Laws Chapter 266 Section 25 carries a potential five year state prison sentence regardless of the victim's age. It is a felony. Credit Card Fraud is a violation of Massachusetts General Laws Chapter 266 Section 37C. This too carries a possible five year state prison sentence. What separates this case from routine larceny cases is the age of the alleged victim and the amount of money taken from her. Over forty eight thousand dollars is the alleged amount of the theft. This is considered very high by itself. It might be considered exorbitant if the amount represents a substantial of the woman's life savings. District attorneys fight hard to protect the elderly and judges tend to punish those who victimize the elderly more severely than they might in instances where the victim is younger.

Continue reading "Lawyer For Dracut Massachusetts Man Accused Of Larceny Files Motion To Dismiss Complaint In Peabody District Court" »

The Lawrence Eagle Tribune reports that Amy Moolic, a Chelmsford, Massachusetts resident has been charged with a Felony following an incident on Riverside Drive in Methuen. This occurred on Thursday. The night before Moolic was involved in car accident. Following that incident she stayed with family members. Her nephew, the victim, woke her up to check on her. She became angry and tried to strangle him. She then chase him and threw a glass vase at him. She missed. Subsequently she took hold of a couple of kitchen knives. She chased her nephew again. He locked himself in a bedroom and called the police. The police arrived and were able to subdue her however not before she bit one of the officers. At least initially this case will be prosecuted in the Lawrence District Court. The newspaper did not indicate what the charges will be however I imagine that Moolic will face charges of Assault and Battery, Assault and Battery on a Police Officer, Assault by Means of a Dangerous Weapon and Assault With the Intent to Murder.

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Massachusetts Criminal Lawyer - - Crimes of Violence, Assault and Battery, Dangerous Weapon, Intent to Murder

Incidents like this one occur more frequently than you might think. Each week you can read about some crazy family incident or event that ends up with criminal charges filed in court. This one however, at least in the context of the article is somewhat unique. There does not appear to be any particular catalyst triggering Moolic's actions. Her nephew was checking on her, presumably to see if she was okay following a car accident from the previous day. For no apparent reason she took exception to this and became violent. When the police arrived she shouted: "suicide by cop, kill me and put me out of my misery." As a Massachusetts Criminal Lawyer I wonder whether there was some sort of underlying mental illness that caused this behavior. Or perhaps the Moolic suffered some sort of head injury from the accident the previous day. If there was a pre-existing mental health condition this is something that Moolic's lawyer will investigate and possibly use in defense of the case. Prosecutors and judges are sympathetic towards people who suffer from mental illness particularly where the problem is one that is being address by professionals, can be controlled and the defendant is serious about getting the help needed. Cases like this one are also easier to work out if the victims, particularly victims who are family members, are in agreement with a favorable disposition, perhaps one that will not result in the accused having a criminal record. The article certainly makes this incident seem like aberrational behavior.

Keep in mind a few other things. If Moolic is charged as I expect she will be facing several felony counts. Assault by Means of a Dangerous Weapon carries up to ten years in state prison. Assault with the Intent to Murder is also a felony that carries a ten year state prison sentence. Both of these charges however can be prosecuted in the district court which is where I imagine these cases will remain.

Continue reading "Chelmsford Massachusetts Woman Facing Criminal Charges In Lawrence After Trying To Stab Nephew In Methuen Home" »

Last night a woman reported seeing a man exposing himself and making obscene
gestures towards her as she drove by him in her car. Shortly before 10:30 Lowell police arrested the man. He was identified by the woman shortly after the incident. The defendant, Michael Sullivan was arrested at the same location just about one week ago after police received information that Sullivan had been exposing himself. When the police arrived to investigate the first incident Sullivan's pants were down. That arrest resulted in an Indecent Exposure charge, a misdemeanor in Massachusetts. The new charges are Open and Gross Lewdness, a felony in Massachusetts. The cases are being prosecuted in the Lowell District Court.

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Lowell Massachusetts Sex Offense Defense Attorney

Open and Gross Lewdness in Massachusetts is a felony. The crime is set out in Massachusetts General Laws Chapter 272 Section 16 which states: "A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars." The proscribed conduct if conducted secretly does not amount to a violation of this statute. The crime is very close to the other crime Sullivan is charged with, Indecent Exposure however the consequences of a conviction for each differ significantly. Open and Gross is distinguished by the element of producing alarm or shock, an element necessary to sustain a conviction. The district attorney likely views Sullivan's obscene gestures as satisfying this element of the felony offense. Indecent Exposure is a crime under Massachusetts General Laws Chapter 272 Section 53. The maximum sentence that can be imposed for a conviction of that crime is six months in jail, making the crime a misdemeanor.

Massachusetts case law specifically states that masturbating in public constitutes a violation of the Open and Gross law. Also, there is no requirement that the body part be genitalia. Exposing one's buttocks if coupled with the other elements can result in a felony conviction. Walking in on a person performing oral sex on another person in a public place is in certain circumstances Open and Gross Lewdness. Case law has made clear that urinating in public can result in a valid conviction for this offense. The factual underpinnings of these are important details for your Massachusetts Criminal Lawyer. If properly represented these cases can be pled down to a lesser offense, dismissed or tried to an acquittal. The line between the felony charge and the misdemeanor charge is thin, thus requiring proper, experience representation. Even getting the felony continued without a finding might not be the best result in some contexts. Consult with a Sex Crimes Lawyer in Massachusetts any time you are facing charges like Mr. Sullivan.

Continue reading "Lowell Massachusetts Man Caught With Pants Down Charged With Open And Gross Lewdness" »

Jose Morales, a Salem, Massachusetts resident was serving a two and one half year sentence in the Essex County Correctional Alternative Center in Lawrence. Last night he left the facility. He had served about three months of the sentence, one that would have resulted in his release in about ten months. His sentence was for Defrauding an Innkeeper, Disorderly Person and Assault and Battery on a Public Servant.

The Correctional Alternative Center is also known as the farm. It is located in Lawrence, Massachusetts on the Merrimack River. The grounds are fairly large. Over one half of the property is used to grow produce that feeds the inmates at the various Essex County Correctional Jails and House of Correction. The facility typically houses non-violent offenders suffering from substance abuse problems. There are no sex offenders or violent criminals housed at that location. The facility offers all types of substance treatment programs and work release programs. The jail houses about three hundred inmates. More than a third of these people perform community service.

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Lawrence Massachusetts Criminal Lawyer

Escape in Massachusetts is a violation of Massachusetts General Laws Chapter 268 Section 16. The crime is a felony and is punishable by up to ten years in state prison. It is not often that people in Morales' position escape or attempt to escape. There are many applications to this statute. It applies to people being detained while awaiting trial. It applies to people on work furloughs. It does not apply to escapes from police station holding cells. It is also critical that the custody of the defendant is lawful custody at the time of the escape for the crime to survive sufficiency challenges. The invalidity of confinement however is not a defense to this crime. For instance, if the defendant was entitled to parole but did not get paroled, his escape cannot be justified.

Serving sentences in minimum security facilities in Massachusetts is often considered a privilege among those in the criminal community. There are no bars or cells in the conventional sense. You can see the inmates moving about the grounds when you drive by. There are no fences isolating the facility. The stay at these institutions is usually short. There is every incentive to remain there to serve out the sentence.

Most likely Morales will get caught. When he does he will have to defend against felony charges. One thing is pretty certain. If he gets convicted of escape, his next stay will be at a facility that has bars, cells, limited movement and few privileges. His sentence will also probably exceed, perhaps substantially, the sentence he was serving at the Farm. Furthermore, he will still have to finish serving the sentence he was serving at the time of his escape. This escape just made matters significantly worse for him.

Continue reading "Prisoner Escapes From Essex County Minimum Security Jail In Lawrence Massachusetts" »

Just last week four Massachusetts residents attending school at Bridgewater State College were arrested for their involvement in serious drug activities. The four, Tyler Trainor of Saugus, Bradley Head from Worcester County, Eric Eldred of Methuen and Patrick McGirr were living in an off-campus house. Local drug enforcement officers had been watching the place for over one month. Once they believed they had enough information officers applied for and were granted a Search Warrant. On Thursday they searched the home located at 11 Perkins Street, in Bridgewater. During the search they found Marijuana, Cocaine, Percocets and over seven thousand in cash. McGirr has been labeled the brains behind the operation and bail for him was set in the amount of twenty five thousand dollars cash. He is being charged with Trafficking Cocaine, or Trafficking Marijuana or both. Right now the case in pending in the Brockton District Court however this case will most likely be prosecuted in the Plymouth County Superior Court.

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Brockton Massachusetts Drug Crimes Lawyer

Defending college students accused of committing serious Massachusetts Drug Crimes is often the most emotionally challenging task Massachusetts Drug Crimes Lawyers take on. Parents proudly drop their children off at college expecting them to make friends, participate in sports, make life-long professional connections and study. It is always a shock to parents when they hear that their son or daughter has been arrested for a serious drug offense such as Trafficking Cocaine or Trafficking Marijuana at the same time that he or she was attending college. Parents never see this coming and they assume that this, being a first offense will result in some sort of reprimand, possibly expulsion from school. What they can never understand is that their child is at risk for a jail or state prison sentence, one that will perhaps result in fifteen years of incarceration.

So what usually happens in cases like this one? That depends on the level of involvement for each individual defendant. It also depends on the viability of defenses available to each defendant. For instance, in this case the district attorney made clear his belief that one of the defendants was the ring leader. If he does not have decent defenses to the charges and he tries to plea bargain, the deal he will be offered by the prosecutor will probably not be as favorable as it might be to one of the other defendants whose involvement was significantly less. You have to keep in mind that judges lack the power to reduce charges involving minimum sentences. Only the district attorney can reduce the charges. In this situation there is great value in hiring an Experienced Massachusetts Drug Crimes Lawyer, who, when all else fails can possibly negotiate a much lesser sentence than the one the accused is facing. In many cases like this the defendants with lesser involvement or with stronger defenses will have a better chance of walking away without jail time.

Continue reading "Four Bridgewater State College Students Arrested, Charged With Massachusetts Drug Crimes Involving Cocaine, Marijuana Trafficking" »