Massachusetts Criminal Defense Attorney Blog

Lawrence Massachusetts Cops Witness Hand to Hand Drug Deal, Arrest Two

2012-05-17T15:47:16Z

People living in an area of Tower Hill in Lawrence, Massachusetts were becoming concerned about what they believed to be drug deals occurring in cars in their neighborhood. In response they called the police. Two nights ago, following up on the complaints, an unmarked cruiser was patrolling the area. They observed a Toyota Camry parked in the troubled area. The Camry left the area. The cops followed it. The car then stopped a short distance away, in the middle of the street near another car. Officers saw what they believed to be a hand-to-hand drug transaction and they pulled the Camry over. Inside were Meghan Sardella, the driver of North Andover and Christopher Venezia, the passenger of North Reading. Sardella was found to be in Possession of Heroin for which she has been charged. Venezia has been charged with Knowingly Being Present Where Heroin is Kept. The cases will be prosecuted in the Lawrence District Court.

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Lawrence, Massachusetts Heroin Possession Defense Lawyer

The crime of Knowingly Being Present Where Heroin is Kept in Massachusetts is a misdemeanor. The statute, Massachusetts General Laws Chapter 94C Section 35 controls this crime. The statute reads that "[a]ny person who is knowingly present at a place where heroin is kept or deposited in violation of the provisions of this chapter, or any person who is in the company of a person, knowing that said person is in possession of heroin in violation of the provisions of this chapter, shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or both." First time offenders can get their convictions sealed after they fully satisfy their conditions of probation.

From the perspective of a Massachusetts Criminal Defense Lawyer this law is extremely troubling. It cuts against well established Massachusetts case law that makes someone's presence at the scene of a crime without more insufficient to convict that person of the crime. In a well constructed opinion in 2009, the Massachusetts Supreme Judicial Court reaffirmed its position in this regard and expanded on it in detail. See Commonwealth v. Zanetti, 454 Mass. 449 (2009). In Zanetti the Court stated that presence alone does not establish a defendant's knowing participation in the crime even if he knew about the crime and took no steps to prevent it. There must be a showing that the defendant participated in the crime or that he had a shared intent to commit the crime. Simply being present is not enough. Very few cases in Massachusetts even discuss the statute in question here and no case defines it. The constitutionality of that statute is in my opinion and should be challenged.

Commonwealth vs Zanetti.pdf

]]> Our office defends people accused of all different types of crimes including Drug Crimes in Lawrence, Massachusetts. There is a defense to every case and we are ready and prepared to help you set out that defense. Call us at 617-263-6800 or contact us online. We want to help you fight against the charges you are facing.

Juror on Roger Clemens Perjury Trial Dismissed For Sleeping During Testimony

2012-05-16T18:46:21Z

During the jury selection process a prospective juror told the prosecution, judge and defense that he would rather stay home in bed than be a juror on the Roger Clemens Perjury trial case. The twenty seven year old unemployed juror will now get his wish. After repeatedly sleeping during the trial testimony and showing up late, the judge dismissed the juror. This comes on the heels of the judge warning the parties that the jurors appeared bored and imploring the lawyers to speed things up.

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Massachusetts Criminal Defense Lawyer

So what does a Massachusetts Criminal Lawyer do with the problem of sleeping jurors? Well the first thing to do is to bring the matter to the attention of the judge. Massachusetts law makes clear that a defendant's fundamental right to a fair trial may be put in jeopardy if a juror sleeps through testimony. A judge is obligated to make sure that all jurors hear all of the evidence. Pursuant to Massachusetts General Laws Chapter 234A Section 29 a judge has the discretion to dismiss a juror at any time if he or she determines it is in the best interests of justice. The judge may order a hearing to establish a record pertaining to the issue of a sleeping juror. The defense lawyer should attempt to have the judge conduct a hearing on the matter to preserve the observations of others, particularly in the event that the judge refuses to act in accordance with the defendant's requests on that issue. Massachusetts judges have dismissed jurors who were acquainted with the lawyers or witnesses. One Massachusetts judge dismissed a juror who smoked marijuana to remain awake during a trial. A sitting juror was dismissed where his son was arrested and placed in the same jail as the defendant during the pendency of the trial. Sitting jurors who had travel plans were excused once it was determined that they could only deliberate in a limited time frame. Illness can serve as a reasonable basis for dismissing a juror. Dismissing a deliberating juror due to child care problems was found necessary and appropriate. A juror's failure to reveal his criminal history warrants his removal.

Massachusetts case law states that a judge's decision to remove a sitting juror will not be found violative of the defendant's rights unless doing so constituted an abuse of discretion. This suggests that it is critical for the defense to try to get the judge to have a hearing on any challenge to a sitting jurors' competence to remain. Even if the judge refuses to conduct a hearing making a record with affidavits supporting the defendant's position on removal will be critical to the appeal.

]]> If you are in trouble you need to hire lawyer. Attorney Stephen Neyman has over twenty five years experience defending the accused in Massachusetts. You can always reach us by calling 617-263-6800 or by sending us an email. Call us now to discuss your case.

Two From Massachusetts Face Charges of Possession, Distribution of Heroin After Cops Witness Drug Deal

2012-05-16T01:37:23Z

The Brockton Enterprise reports that police in Rockland, Massachusetts acted after receiving nearly twenty civilian complaints of suspected Massachusetts Drug Dealing starting this past April. People specifically reported extensive automobile and foot traffic at a specific location. In response, officers set up surveillance of a home on Liberty Street to verify the complaints. While doing so they observed what they believed was a drug transaction between two people, defendants Richard Stanton and Selena Keaney. Stanton was driving a car and found to be in possession of Heroin. Keaney was found in possession about four grams of Heroin. Keaney has been charged with five criminal matters including Possession of Heroin and Distribution of Heroin. Stanton is facing charges of Possession of Heroin. The cases will be prosecuted in the Hingham District Court.

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Massachusetts Drug Distribution Defense Lawyer, Heroin

The first thing that comes to mind for an Experienced Massachusetts Drug Defense Lawyer when reading this article is moving to Suppress the Search. In past blog posts I have often repeated that police officers are not permitted to stop and conduct a threshold inquiry absent reasonable suspicion that the suspect has committed or is about to commit a crime. The word "reasonable" requires the suspicion to be based on "specific, articulable facts and reasonable inferences drawn therefrom". In order to give that phrase meaning judges look at these matters on a case by case basis. One Massachusetts Appeals Court case held that an experienced officer's actions after making an observation of what he believed to be a drug deal in a "high drug crime area" was in fact an illegal search where even though the officer saw an exchange and purported counting of money. The same court has held otherwise on cases involving similar facts. Knowing the law in cases like this one and being able to persuade the judge hearing the motion that this case replicates one in which suppression was granted is the job of the criminal defense lawyer thereby making your choice of lawyer an extremely critical decision.

It is often difficult to determine how the Motion to Suppress will be turn out before the hearing. Police officers' testimony often exaggerates the narrative in their reports in an attempt to "fill in the blanks" that they either know or have learned necessary to sustain their Search and Seizure. This is yet another reason to make sure that you choice of lawyer is someone who has the experience to address this situation in court. This is also why Massachusetts Criminal Lawyers often reserve filing a memorandum of law in support of the motion to suppress until all evidence has been adduced at the hearing on the motion.

]]> The Law Offices of Stephen Neyman is committed to defending the accused and to fighting for your rights. We maintain that there is a defense to every case and we will help you present that defense and get you the best result possible. Call us at 617-263-6800 or email us with any questions or concerns. The time to begin your fight is now.

Framingham Man Arraigned on Drug Trafficking Charges After Raid Nets Meth, Marijuana, Cash

2012-05-10T01:11:33Z

This past weekend police in Framingham, Massachusetts raided the home of Dylan Laird, a twenty one year old man living on Day Hill Road. The Metrowest Daily News reports that early Sunday night Laird was seen selling marijuana to a female not far from his home. Police stopped the woman. She surrendered the drugs and the police applied for and obtained a Search Warrant for Laird's home. Inside they found over fourteen grams of Meth (Crystal Methamphetamine) in various locations in the home. They also found several bags of marijuana. In excess of thirteen thousand dollars cash was taken during the raid. Scales, packaging materials and assorted Drug Paraphernalia were seen in the premises during the search process. Laird has been charged with Possession With the Intent to Distribute Marijuana and Trafficking Methamphetamine. Bail was set in the amount of twenty five thousand dollars. Laird is facing a Probation Violation as well. The case in currently in the Framingham District Court. The district attorney will likely indict this case and prosecute Laird in the Middlesex County Superior Court in Woburn.

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Framingham Drug Trafficking Defense Lawyer

Any Massachusetts Criminal Lawyer will tell you that based on the information in this article Laird's chances of success hinge on the constitutionality of the Search Warrant. The first thing to analyze is the credibility of the police officer's observations relative to the sale between Laird and the unidentified woman. What did they see? From what vantage point or location did they see the purported transaction? Was their view clear? How did they in fact determine that this was a drug deal? The next thing to look at is the credibility of the woman they stopped. What was in her possession? If there were drugs, what type? Marijuana? Crystal Meth? How much drugs was she possessing? What information did she give the police? What was her motive in providing this information? Does she have a criminal record? Was she using drugs at that time? Was she arrested and if so, with what was she charged? The next part of the analysis contemplates whether the information this woman provided coupled with the police observations gives rise to the issuance of the Massachusetts Search Warrant. This woman's veracity and her basis of knowledge must be properly assessed if the information she provided is considered in the Search Warrant Application process.

Trying to Suppress Searches in Massachusetts is something our office attempts regularly for Massachusetts Drug Cases. Suppression often results in the dismissal of a criminal case. Without the drugs the district attorney is usually unable to proceed with its criminal charges. Hiring a Massachusetts Drug Crimes Lawyer who knows the law and is able to convince judges that a Search and Seizure was unlawful is critical to anyone charged with a Drug Crime in Massachusetts. Our offices have won countless drugs cases this way in counties throughout the state.

]]> The Law Offices of Stephen Neyman is ready to fight for you at any time. If you have been arrested or charged with a crime in Massachusetts you need a lawyer. Call us at 617-263-6800 or email us with any questions about your case. We will promptly respond to your inquiries. Do not wait. Call us now.

Salem Men Arrested, Charged With Trafficking Cocaine After Car Stopped For Traffic Violations

2012-05-05T00:23:48Z

A Salem, Massachusetts police officer became suspicious the other day when he saw a car with dark tinted windows. He then followed the car. He observed the car failing to stop for people in a crosswalk. The officer pulled the car over and quickly learned that the driver, Julio Cruz of Salem, Massachusetts was Operating With a Suspended License. Cruz, who was known to the officer claimed that he was out delivering pizza. No pizzas were in the car. Cruz was then arrested. His passenger, Enrique Gray-Santana, also of Salem, Massachusetts was also arrested for carrying a knife with a blade longer than permissible by town ordinance. The car was towed. It was also searched. Inside of the vehicle officers found enough cocaine to justify a trafficking charge. Both men now face charges of Trafficking Cocaine in the Salem District Court. If the weight of the cocaine satisfies trafficking threshholds then the case will be prosecuted in the Essex County Superior Court in Salem. Cruz has a pending Cocaine Distribution case pending in the same county.

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Salem, Massachusetts Cocaine Trafficking Defense Lawyer

Cocaine Distribution Law Firm in Massachusetts

Depending on the information contained in the police reports the district attorney's case here might be susceptible to a Motion to Suppress. Forget about the stop for a minute. Forget about the "Motor Vehicle Violation". Even if there is justification for the stop the officer's conduct might have exceeded what is permissible under the United States Constitution and the Massachusetts Declaration of Rights. The law in Massachusetts does permit what are called "inventory searches" in some situations. The police may search someone arrested at the place of detention to secure the person's property. An inventory policy must be followed to justify the search and if done properly the items seized can be used as evidence against that person. Inventory Searches of Motor Vehicles however are subject to a different procedure. Impounding motor vehicles is generally found to be justifiable if the district attorney can show public safety concerns or a risk of vandalism or theft to the vehicle if abandoned at the scene of the arrest. If an unarrested passenger can drive the car the impoundment will be considered illegal. Subsequent searches of the impounded vehicle might however be subject to a constitutional challenge. For example, Massachusetts Courts have held that the search of a towed car was investigatory and not an inventory search where the police used a drug sniffing dog to find drugs. Investigatory searches require Search Warrants. Inventory searches do not. Police inventory polices must be in writing and followed for an inventory search to survive a Motion to Suppress. Inventory searches have three purposes in Massachusetts; to protect the property in the car, to protect the police against claims of theft and to protect the public from danger. It is the district attorney's burden to establish that he search was a lawful inventory search.

]]> The Law Offices of Stephen Neyman has won motions to suppress and had cases dismissed by challenging pretextual inventory searches. We fight for all of our clients to ensure that justice is done. If you have been charged with a crime call us at 617-263-6800 or email us. We can help you.

Police in Lawrence Massachusetts Arrest More Than 30 on Gambling Violations

2012-05-03T14:30:12Z

Last night Massachusetts State Police and Lawrence, Massachusetts police officers raided the Italien-American Civic Association on Essex Street looking for evidence of an illegal gambling operation. The establishment has been targeted by local police since a November 2011 murder occurring just outside of the club. The raid was permitted by a Search Warrant recently obtained by law enforcement. This investigation targeted conventional gambling activities such as craps and card games as well as Dominican lottery and cockfighting. Arraignments this morning are in the Lawrence District Court. There is no indication as to whether or not the case will be prosecuted in the district court or the Essex County Superior Court in Salem.

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Massachusetts Gambling Defense Law Firm

Criminal Attorneys Who Defend Gaming Charges in Massachusetts

The prohibition against gambling in Massachusetts is set out in Massachusetts General Laws Chapter 271 Section 17. The law states that anyone who is in any way involved with gambling and convicted under this statute is guilty of a felony. There is a maximum three year prison sentence associated with a conviction for illegal Gambling in Massachusetts and a fine of up to three thousand dollars. This statute is all encompassing. At many levels there are constitutional challenges to this law that might result in a dismissal of charges against the accused. For instance, there is a phrase in the statute that provides liability for "whoever is present in such place". Massachusetts case law however has held that "[m[ere unwitting presence of defendant in same place where apparatus is does not constitute crime". There are many reasons why people might legitimately attend a social club that does not involve their participation in unlawful gambling. There is no valid reason to charge these people with a violation of this law even though they were present when a raid occurred. At times this is lost on district attorneys who prosecute large numbers of people, many of whom were simply caught up on the execution of the Search Warrant. It is not unusual to see as many as thirty people or even more initially charged with illegal gaming activities. Typically, the charges against many of these people will be dropped for a lack of evidence tying them to the Gambling.

In my experience as a Massachusetts Criminal Lawyer these cases usually involve Wiretap Warrants. After obtained a Wiretap Warrant law enforcement officials continuously monitor the content of telephone calls between the principles in the illegal business and their customers. The monitoring often goes on for months or at least until such time as the authorities believe that they have enough evidence to make arrests and/or apply for a Search Warrant. Sometimes the best way to defend one of these cases is to attack the constitutionality of the Massachusetts Wiretap Warrant. If successful all conversations will be suppressed as will the fruits of those conversations, meaning the Massachusetts Search Warrant.

]]> The Law Offices of Stephen Neyman has won Motions to Suppress Searches and Motions to Suppress Unlawful Wiretaps in Massachusetts and other jurisdictions. If you get arrested, if you are a suspect in a crime or if you have to go to court you need a lawyer. We can help you. Call us at 617-263-6800 or email us at anytime. We will protect your rights.

Two Men From Framingham Massachusetts Charged With Home Invasion

2012-05-02T23:49:40Z

Edward Armstrong and William Scott, both from Framingham, Massachusetts were arraigned earlier this week and charged with Home Invasion. It is alleged that this past Sunday just after 10:30 p.m. both defendants forced their way into an apartment by their home. Present were a man and a woman. Scott held the woman against the wall. Armstrong punched the male occupant in the face several times. He also hit him with a crowbar. Prosecutors have stated that the male victim has suffered significant facial injuries and remains hospitalized. Both the defendants and the victim live on Grant Street. The defendants took the case that was in the man's wallet. Earlier in the day the male victim boasted about having won five hundred dollars from a scratch ticket. If fact, the ticket was only for five dollars. Neighbors were aware of the five hundred dollar windfall and it is suggested that through them the defendants believed that the victim had money. In addition to the Home Invasion charge both men face counts of Larceny Over $250, Breaking and Entering a Motor Vehicle, Armed Robbery and Assault and Battery by Means of a Dangerous Weapon. Both defendants have prior criminal matters. Right now the cases are being prosecuted in the Framingham District Court. I would imagine that these matters will be prosecuted in the Middlesex County Superior Court in Woburn.

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Framingham Armed Home Invasion Defense Lawyer

Boston Criminal Defense Lawyer

The Massachusetts Home Invasion statute is Massachusetts General Laws Chapter 265 Section 18C. This law makes it a crime for anyone to enter someone else's home, knowing or believing them to be home, with a dangerous weapon and threatens and uses force on the occupant or occupants. This is a life felony and there is a minimum twenty year sentence associated with a conviction for this crime. There are some pretty interesting aspects to this statute. The district attorney has no obligation to prove that the accused had knowledge that people lived in the dwelling. All that they have to prove is that while in the dwelling the defendant remained there "knowing or having reason to know" that someone was in the property. Also, there can be no affirmative defense of "self defense" in Home Invasion Case in Massachusetts where the occupant of the dwelling uses force to repel the defendant. Even though there is a twenty year minimum sentence someone convicted of this crime can be placed on probation. However, if a sentence of incarceration is to be imopsed it must be for at least twenty years.

As a Massachusetts Criminal Lawyer I can tell you that very few of these cases are supported by the facts that the statute was intended to punish. Cases that are charged as Home Invasions initially have facts similar to those set out above. Sometimes the facts are in fact more egregious. The victim or victims will report that they were simply in their homes when someone broke in and beat them. Often times their complaints contain allegations of theft. In reality, many of these cases involve drug ripoffs or drug deals gone bad. The physical beating might be significant enough to warrant medical attention and during the course of treatment the "innocent" victim will state that he was robbed. Other times the victim reports the "crime" in retaliation for the failed drug deal. With the assistance of an Experienced Criminal Defense Lawyer the accused might be able to fight these charges successfully at trial. Explaining these facts to the district attorney during plea negotiations is sometimes an option however this can unnecessarily alert them to defense strategy or theory. The "victims" in these cases are reluctant to testify. They often have exposure themselves either for drug dealing or some other type of illegal activity. Very few of these cases go to trial and if handled properly can result in a verdict of not guilty or a dismissal.

]]> The Law Offices of Stephen Neyman has defended countless Violent Crimes in Massachusetts including Home Invasions. We have succeeded in negotiating resolutions and by winning trials. We believe that no case is hopeless. Everyone deserves a defense. We encourage you to call us with any questions about your case. We can be reached at 617-263-6800 or you can email us.

Massachusetts Man Charged With Open and Gross Lewdness Banned From Park Where He Allegedly Exposed Himself

2012-04-26T23:05:27Z

Thirty two year old Gregory Couture was recently arraigned in the Hingham District Court for one count of Open and Gross Lewdness. The Brockton Enterprise reports that last fall Couture exposed himself to a woman walking in Luddham's Ford Park. The victim was unable to identify him at that time. Just a few weeks ago another woman in the same area saw Couture following her. This same woman saw him hiding behind trees another time in the park. This time the woman took a picture of Couture's car and showed it to the police. Couture was questioned by the police and supposedly admitted to exposing himself in the fall and to having done so to other women in the past. Couture posted five hundred dollars cash bail. He has been banned from the park.

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Hingham, Massachusetts Sex Offense Defense Lawyer

Open and Gross Lewdness in Massachusetts is a felony. It is governed by Massachusetts General Laws Chapter 272 Section 16. The law states verbatim that "[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". While this offense is closely similar to the crime of Indecent Exposure it is considered more serious. Behavior conducted in private will not suffice to convict for this offense. The element of "open" means exactly that. The conduct must be performed with the intention to cause alarm or shock. Indecent Exposure in front of children will satisfy the elements of the offense but the same conduct in front of adults might not. A single act of Open and Gross Lewdness cannot result in more than one conviction even if there are multiple victims. Exposing oneself and masturbating in a public place are typical examples of acts that result in these charges being brought. "Mooning" adults should not result in a conviction and charges alleging such conduct should be dismissed upon motion.

This conduct in lay terms in known as exhibitionism. It is characterized as the act of showing genitals to a stranger without the intention of engaging in sexual activity with that person. Exhibitionists often masturbate during this exposure. Some do so with the intent to shock the victim. Others do this in hopes of arousing their target. The causes of this behavior vary and are mostly inconclusive. The perpetrators are almost always male. As a Massachusetts Criminal Lawyer I have represented many people accused of crimes involving exhibitionism. They defendants in my experience are always men. Experts will tell you that this behavior can be controlled with therapy and sometimes drugs. We have engaged psychologists to evaluate our clients charged with having committed crimes involving this type of behavior. Their reports and recommendations have helped us resolve these cases favorably on countless occasions.

]]> If you have been charged with a crime you need a lawyer. Call us at 617-263-6800 or email us with your concerns. We are ready to start defending you right now.

72 Year Old Man Charged With Attempted Kidnapping, Assault and Battery in Quincy Massachusetts Court

2012-04-25T17:20:34Z

The Brockton Enterprise reports that yesterday a seventy two year old Fall River man attempted to abduct a twenty seven year old woman. The woman was walking her dog in Braintree. The man pulled up and asked for help entering an address in his GPS device. As the woman tried to help him the defendant tried to pull her into the car. The woman screamed. The defendant drove off and was later apprehended by the police. The accused, Carlton Comstock has been charged with Attempt to Commit a Crime, Kidnapping and Assault and Battery. The case is pending in the Quincy District Court. Bail was set in the amount of five thousand dollars.

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Quincy, Massachusetts Sexual Assault Defense Lawyer

Norfolk County Massachusetts Sex Crimes Attorney

The crime of Attempt to Commit a Crime in Massachusetts is established through Massachusetts General Laws Chapter 274 Section 6. The law states that anyone who does an act towards the commission of a crime and is unsuccessful in doing so is guilty of a crime. Whether or not the crime of Attempt to Commit a Crime is a felony or a misdemeanor depends on the crime that the perpetrator intended to commit. Here, the crime is Kidnapping. Kidnapping in Massachusetts is a felony, punishable by imprisonment for up to ten years. Accordingly, the crime Comstock is defending has a maximum penalty of five years. If the case is kept in the Quincy District Court then Comstock's maximum exposure is two and one half years on jail. The Massachusetts case of Commonwealth v. Ware, 375 Mass. 118 (1978) made clear that the crime of Attempt to Kidnap requires proof beyond a reasonable doubt that the defendant had the intention to cause the victim to be imprisoned or confined against her will.

I am interested in learning just how the district attorney intends to prosecute this case. On its face the charges appear quite serious. The attempted abduction of a woman walking her dog is horrifying. However, when deciding when and where to prosecute criminal cases district attorneys look not only at the severity of the crime but the age of the offender, his or her criminal record, the danger the accused presents to the community and whether punishment upon a conviction can be adequately imposed by a district court judge. In cases like this one Comstock's lawyer might investigate his mental health history, if any. Locating witnesses who witnessed the offense will also be helpful particularly if their accounts do not match up to the woman's story. Her criminal history might also be a factor in deciding how to defend or prosecute this case.

]]> The Law Offices of Stephen Neyman is committed to defending the accused no matter how heinous the crime. We believe that everyone deserves the best defense possible. No case in impossible to defend. Call our office if you want to talk to one of our lawyers. You can reach us at 617-263-6800 or by email.

Somerville Massachusetts Man Shows Genitals on Trolley, Arrested, Charged With Indecent Exposure

2012-04-23T11:47:44Z

A thirty seven year old Somerville, Massachusetts man who was riding the Green Line MBTA last week is accused of exposing himself to a Brighton woman. Boston.com reports that a woman boarded a trolley in the Allston, Brighton area. She observed the defendant approaching her. She looked down and saw his penis exposed and being stroked. Once he realized that she was looking he pulled down his sweatshirt to cover the exposed area. The woman screamed. The man apologized and got off the trolley. The victim followed him, grabbed him and waited for the police to arrive. The man told the police that his shorts must have fallen down due to the fact that the trolley was crowded and moving erratically. The case will be prosecuted in the Brighton District Court.

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Brighton, Massachusetts Sex Crimes Defense Law Firm

Strange as it may sound this is not an unusual incident. Since becoming a Massachusetts Criminal Defense Lawyer I have defended scores of cases just like this one. The MBTA seems to be a popular place for people to engage in this sort of behavior. However, our clients have been accused of doing this on buses, in airport terminals, on planes, in cars and out in the open while walking down busy city streets. If the person does not have a criminal record a typical result for resolving these matters would be a continuance without a finding with an evaluation and treatment as recommended by the probation department. On several occasions we have engaged psychologists to examine the accused and prepare an "aid in sentencing". The psychologist will run our client through a battery of tests, interview him, interview family members, review the police reports, the accused's criminal history and more. From this a report will be generated that will identify the problem, its triggers, cures or management tools to address the problem and the likelihood of reoffending or engaging in more egregious criminal conduct. These aids in sentencing comfort prosecutors and judges in recommending or imposing sentences that give the accused another chance.

Indecent Exposure in Massachusetts is a misdemeanor. It is proscribed by Massachusetts General Laws Chapter 272 Section 53. There is a maximum penalty is six months in the house of correction. The defendant in this case might face a charge of Open and Gross Lewdness. This charge is a felony and punishable by up to three years in prison. Open and Gross Lewdness is more difficult to prove than Indecent Exposure. A continuance without a finding is typically an option for resolving this crime as well however an aid in sentencing will become more necessary in this situation.

]]> The Law Offices of Stephen Neyman has handled Sex Crimes in Massachusetts successfully for over twenty years. We encourage you to review our Case Results pages for specific references to cases like the one discussed in this article. We can be reached at all hours by calling 617-263-6800. You can also email us. Start your defense by talking to one of our lawyers.

Three Men Charged With Larceny by Scheme for Charging Haverhill Massachusetts Man $90,000 for Minor Home Repairs

2012-04-19T18:00:50Z

Edmond Wormwood and Billy Adams, both from Maine have been arrested. Both are being charged with Larceny by Scheme for allegedly bilking a ninety two year old Haverhill, Massachusetts man out of ninety thousand dollars. A third suspect, Michael Mills is also being sought in this crime. According to a report on Boston.com the defendants appeared at the victim's home in the winter and offered to do some small jobs. They began with some tree work. They also painted and cleaned the victim's cellar. The work was considered subpar. The victim's bank froze the account after noticing unusual spending patterns. The police were notified. A couple of weeks ago the men were back in this area, getting another check from the victim and trying to cash it. Authorities allege that both Adams and Mills have been involved in other schemes similar to this one. Right now the case is pending in the Haverhill District Court. I would imagine that the Essex County District Attorney's office will prosecute this case in the Superior Court located in Salem, Massachusetts.

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Haverhill, Massachusetts Essex County Defense Lawyer

Massachusetts Theft Crimes Defense Law Firm

Larceny by a Single Scheme is a felony in Massachusetts. The crime is set out in Massachusetts General Laws Chapter 266 Section 30. The law states that anyone who steals over two hundred fifty dollars from a person over the age of sixty-five can be sentenced by up to ten years in prison. If the case is kept in the district court then there is a maximum jail sentence of two and one half years. The "single scheme" aspect of the crime is established through case law. In 1965 the Massachusetts Supreme Judicial Court held that "where it appears that successive takings are actuated by a single, continuing criminal impulse or intent or are pursuant to the execution of a general larcenous scheme, such successive takings constitute a single larceny regardless of the extent of the time which may have elapsed between each taking."

The obvious question to answer in this case is whether or not the services provided by the defendants could have reasonably supported the ninety thousand dollars that victim paid. There is no doubt that tree work, painting and cleaning the basement do not warrant that high a bill. If the defendants performed remodeling work that might change things somewhat. That defense would require them to show payment for supplies and perhaps a contract verifying the agreement between them and the victim. The comment that the workmanship was subpar is subjective and it would be difficult to have an opinion as such entered into evidence. The defendant's biggest problem is that the victim is ninety two years old. No judge or jury will have sympathy for these guys if it looks like they took advantage of an elderly person. The Essex County District Attorney's office has a page on its website identifying its position on elder abuse. Their position suggests strongly that if these men are convicted for committing this crime they will be going to state prison for a significant time period. This makes their selection of a Massachusetts Criminal Lawyer particularly important.

]]> The Law Offices of Stephen Neyman defends all crimes. Call our lawyers now at 617-263-6800 or email us. We want to help you defend your criminal case.

Foxborough Massachusetts Man Charged With Threats in Wrentham District Court, Bail Set at $5,000

2012-04-17T23:50:06Z

A forty year old Foxborough, Massachusetts man was charged with Threatening to Commit a Crime in the Wrentham District Court. According to reports, the defendant told a Foxborough selectman that he was "a dead man" if he did not change his position on casino development in the town. The defendant was arrested and a stay away order was placed into effect. A judge sitting in the court ordered bail set at five thousand dollars.

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Norfolk County Criminal Defense Lawyer

Wrentham Court Criminal Lawyer

The crime of Threatening to Commit a Crime in Massachusetts is established through Massachusetts General Laws Chapter 275 Section 2. The law states that "[i]f complaint is made to any such court or justice that a person has threatened to commit a crime against the person or property of another, such court or justice shall examine the complainant and any witnesses who may be produced, on oath, reduce the complaint to writing and cause it to be subscribed by the complainant." The elements of this offense include an expressed intention to commit a crime on someone coupled with "an ability to do so in circumstances that would justify apprehension of the recipient of the threat". This crime is limited to cases where the accused actually causes fear to the victim. The victim's fear must be justifiable a justifiable fear. This crime is a misdemeanor in Massachusetts. There is a maximum six months jail time for a conviction and a fine of up to one hundred dollars.

This crime is one of the most common in the Massachusetts district courts. Massachusetts Courts have set a broad interpretation of what constitutes a threat and certainly in this case the prosecutor could make out his case if the witness testified as the reports suggests. These cases are usually dismissed on court costs. Sometimes pretrial probation is offered as a disposition. Rarely do you see these cases going to trial. Prosecutors are not usually adamant about an imposition of guilty on Threats cases. The charge of threats is often ancillary to a much larger charge encompassing more serious conduct. This case is the first time I can remember a judge setting bail on a charge of Threatening to Commit a Crime without additional charges being brought. A bail of five thousand dollars is particularly high and I imagine that the complainant's status as a selectman had something to do with this. Regardless of the bail situation however, on cases charging Threats only a Massachusetts Criminal Attorney should be able to resolve this case in a way that does not leave the accused with a criminal record.

]]> If you have been charged with a crime in Massachusetts call the Law Offices of Stephen Neyman. We can be reached at 617-263-6800. You can email us as well. Anyone charged with a crime needs a lawyer. Our office has the experience you need to properly defend you case. Do not wait. Start your defense right now.

Lawrence Massachusetts Motor Vehicle Offense Ends Up In Drug Arrest For Possession With Intent to Distribute Cocaine, Heroin

2012-04-12T19:53:46Z

Zachary Brewster, a twenty six year old New Hampshire resident was driving his car the wrong way down a one way street Tuesday night in Lawrence, Massachusetts. After learning that the operator did not have a license in his possession, the officer who stopped him asked him to get out of the car. As soon as Brewster complied with the exit order the police saw Drug Paraphernalia in the front of the car. Specifically, the police observed needles and syringes. The police also had the two passengers, Bradford Sargent and Jennifer Trowbridge get out of the car as well. A backpack located in the backseat of the car was searched. There police found cocaine and a bag of mushrooms. During the booking process Trowbridge was found in possession of heroin and cocaine. These substance were concealed in her bra. She was also holding additional syringes and needles. All three have been charged with Possession With Intent to Distribute Heroin, Possession With Intent to Distribute Cocaine and Possession of Class C (mushrooms) as well as Conspiracy to Violate the Controlled Substances Laws. The cases are pending in the Lawrence District Court.

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Lawrence Massachusetts Drug Crimes Defense Lawyer

Defending Drug Cases in Essex County Massachusetts

This article got me thinking about the number of drug cases my office gets that start with a stop of a motor vehicle. I would estimate that at least of our drug cases fall within this category. There are several reasons for this. The police can usually justify their activity or "probable cause" when they pull a car over. Whether true or not, they can cite a high rate of speed, erratic driving, driving the wrong way down a one way street, expired inspection sticker, expired registration and more. Many of these reasons are subjective and difficult to challenge through Motions to Suppress. Conversely, Massachusetts Drug Cases involving search warrants require the approval of a judge or magistrate and concrete facts that can easily be challenged if exaggerated or false. Hand to hand drug sales typically involve lengthy investigations that expose the identities of informants or compromise the undercover status of the officers involved. These types of investigations require the services of additional officers who conduct surveillance making the police work more costly. There is the additional risk that the more officers involved in the operation the easier it is for an Experienced Massachusetts Criminal Lawyer to call into question the integrity of the operation. The more officers involved the more likely their testimonies will vary thereby weakening the strength of the district attorney's case.

The biggest problem for these defendants is that the driver did not have a license in his possession. This essentially permits the police to do more than simply cite the driver for operating the wrong way down a one-way street. It gave them the legal authority to order the driver to exit the car. That led to the disclosure of the drug paraphernalia and probable cause to arrest for a violation of the Massachusetts Drug Laws.

]]> Our office defends the accused. We work with you and help develop your defense so that you are able to fight the charges you are facing. If you are in trouble, call our office at 617-263-6800 or contact us online. We will help you defend your Massachusetts Criminal Case.

Salem Man, 23 Charged With Perjury, Obstruction of Justice After Lying During Jury Selection in Rape Trial

2012-04-11T14:47:04Z

Jonathan Ngarambe of Salem, Massachusetts was summonsed as an Essex County juror. During the impanelment process on a Massachusetts Rape Case, Ngarambe lied to the judge. On two occasions the judge asked the prospective jurors if anyone knew any of the defendants. Ngarambe never made clear that he did in fact know three of the four defendants and that he went to school with these men. The district attorney prosecuting the case saw Ngarambe making eye contact with one of the rape trial defendants. He found out that Ngarambe had contact with another defendant in the courthouse the morning the trial was scheduled to start. Ngarambe was questioned by the trial judge and denied knowing the defendants. A 2008 Salem Massachusetts High School yearbook confirmed that the suspect was classmates with some of the defendants. One of the defendants is Facebook friends with him. Ngarambe has been charged with Witness Intimidation, Obstruction of Justice and Perjury. He will be prosecuted in the Essex County Superior Court in Salem. Authorities contend that Ngarambe wanted to get seated on the jury to help his friends get acquitted.

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Salem Criminal Defense Lawyer

Massachusetts General Laws Chapter 268 Section 13B sets out the law for Intimidation of a Witness or Obstruction of Justice in Massachusetts. As relevant to this case, the law states that anyone who "misleads, intimidates or harasses another person" i.e. a police officer faces up to ten years in prison after a conviction. This law also provides for the same punishment for anyone who tries to improperly manipulate a jury. There is also a house of correction sentence available for someone charged with this crime and both the district court and superior court have jurisdiction over this crime. In this case, recognizing the severity of the attempted obstruction the district attorney opted to indict this case. I would imagine that the prosecutor in this case is looking for state prison time if he gets a conviction.

This case aside, one of the things that concerns me most about this law is its subjectivity. If a police office questions a witness and is not satisfied with his or her answer the possibility of an obstruction charge looms. This is another reason why I always advise my clients not to talk to the police. Nothing good can come from it. Talking to the police without the presence of counsel puts you at risk for some sort of criminal charge, even if you have not committed a crime. Make sure you consult with a lawyer before you ever talk to the police. My office has defended people charged with this crime who never would have been had they simply not spoken to the police. If the police want to talk to you, call a lawyer.

]]> The Law Offices of Stephen Neyman is committed to defending the accused. Do not wait for charges to issue before calling a lawyer. Get advice now and avoid being prosecuted. We can be reached at 617-263-6800 or you can email us at anytime. Our office is always open.

Marblehead Massachusetts Man Pleads Not Guilty to Child Pornography Charges in Lynn District Court

2012-04-05T21:12:47Z

Yesterday a Marblehead, Massachusetts man was arraigned on Child Pornography Charges in the Lynn District Court. The thirty three year old defendant was charged with Distribution of Child Pornography and Possession of Child Pornography. Authorities stated that an Essex County Internet Crimes Task Force identified the defendant in the course of one of its investigations. A Search Warrant was obtained and executed at his home. A computer was seized and searched. On it the police found about one hundred lime wire files depicting children engaged in pornographic acts. The basis of the distribution allegation centers on the use of a file sharing service. Bail was set in the amount of ten thousand dollars. The defendant's lawyer asked that the case file be sealed pending a resolution of the case. He stated that a release of this information prior to trial would create irreparable harm regardless of the outcome of the case. The judge temporarily allowed the request citing non-compliance with the Massachusetts Uniform Impoundment laws.

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Massachusetts Child Pornography Defense Lawyer

So what are the Massachusetts Uniform Impoundment Rules? In Massachusetts a party is allowed to file a motion for the impoundment of certain materials provided the motion states sufficient grounds and is supported by an affidavit. The motion must state with particularity the material the party seeks to impound. A time period for impoundment must be stated. The request for impoundment can be made prior to the filing of the objectionable material. In some instances third parties have the right to be heard in opposition to a motion to impound. Impoundment may be allowed only after a showing of "good cause". Good cause contemplates the nature of this matter, the type of information that his being requested to be impounded, the reasons for the request and the interests of the community in general. Orders of impoundment may be modified. Appeals of these orders are brought before a single justice of the Massachusetts Supreme Judicial Court.

An Experienced Massachusetts Criminal Lawyer would want to use this rule in a case like this one. The allegations against the defendant are heinous. Anytime a search of this defendant's name is entered these charges and the article will appear regardless of the outcome of the case. Concealing the details of this case and the data identifying the defendant to these allegations is a great strategy particularly in cases where lawyers are confident that a favorable result will follow for their client. The problem however is that the public oftentimes has access to this material prior to the case being brought forward in court. This can make the application of the impoundment rules improbable.

]]> Our office defends Child Pornography Charges in Massachusetts state courts and the federal courts. We are aware of the damage that mere allegations can cause and we fight to keep these matters private. If you are in trouble you need a lawyer who knows the laws and will fight to protect your rights. Call us at 617-263-6800 or email us with any questions.