Massachusetts Criminal Defense Attorney Blog

According to the Salem News, last week a Beverly, Massachusetts man went into a Tedeschi convenience store wearing a mask and a hoodie. The store clerk was arranging items in the store. He heard someone come into the store. He then saw a man carrying a large semiautomatic weapon demanding money. He complied with the demand and gave the robber between one hundred fifty and two hundred dollars. When he realized exactly how much money he got the defendant expressed disappointment and fled. No arrest was made that day. By the way, the store clerk never saw the face of the man. A few days later the clerk believed that he saw the person who had committed the Armed Robbery just outside of the store. The reason he thought this was the culprit: the man was wearing the same pants and had the same gait. The police obtained an arrest warrant and on Saturday the defendant was arrested. The case is currently being prosecuted in the Salem District Court. Bail was set in the amount of ten thousand dollars.

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Massachusetts Criminal Lawyer - - Mistaken Identification

A central issue to many criminal cases in Massachusetts is the identification of the accused as the person who committed the crime alleged. In Massachusetts it is the obligation of the district attorney to prove identification beyond a reasonable doubt. Mistaken identifications are not uncommon making your choice of a Massachusetts Criminal Lawyer one of paramount importance. Since the arrival of DNA testing there are many people who have been freed from jails and had convictions reversed. Many of these convictions were based on eyewitness identifications that were made in error. I sometimes wonder whether some of these convictions could have been avoided with a better attack on the identification testimony.

Jurors in Massachusetts are instructed on the issue of identification if it becomes a live issue at the time of trial. Judges tell jurors that the witness must have had an adequate opportunity to observe the defendant. Jurors can consider a lapse of time from the time of the commission of the crime until the identification was made. Similarities between the person identified and other people who might have been near the crime scene or had the motive to commit the crime can also be a factor that impacts jury deliberations. An initial failure to make an identification is a factor to scrutinize when deciding guilt or innocence in a case such as this one.

The defendant referenced in this article has a lot work with in terms of presenting his defense. His lawyer did an excellent job arguing mistaken identification issues. I am surprised that the bail was set so high in this case given the suggested weakness of the identification. It would not surprise me to see the bail lowered in this case. I have had cases like this one and tried them to an acquittal. Mistaken identification cases require the services of an Experienced Massachusetts Lawyer.

Continue reading "Beverly Massachusetts Man Charged With Armed Robbery While Masked In The Salem District Court" »

Late Monday night members of the Boston, Massachusetts Police Department responded to a call after it was reported that two people had been stabbed. The police arrived at Huntington Avenue to find two Cambridge, Massachusetts residents being treated by emergency medical personnel. The unnamed victims are men ages twenty two and twenty six. The Lynn Item reports that the alleged victims were in a group that was approached by another group who demanded to know where they were from. A fight erupted and the two men who were stabbed and some of their friends entered a taxicab and fled the area. Once police arrived an investigation began. Ultimately, Jose Soriano of Lynn, Massachusetts was identified as the assailant. Bail was set in the amount of twenty five thousand dollars in the Boston Municipal Court. Soriano has been charged with Assault and Battery by Means of a Dangerous Weapon.

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Lynn Massachusetts Criminal Defense Lawyer

So exactly what is Soriano looking at? Assault and Battery by Means of a Dangerous Weapon in Massachusetts is a violent felony punishable by up to ten years in state prison and a five thousand dollar fine. The crime is codified in Massachusetts General Laws Chapter 265 Section 15(A)(b). The court where this case will be prosecuted depends on the severity of the stabbing and Soriano's criminal record if any.

As a Massachusetts Stabbing Defense Lawyer I am concerned about the identification process and understanding just how it came about the Soriano was identified by the alleged victims. In Massachusetts the prosecution must prove identification beyond a reasonable doubt. Identification witnesses do not always have an adequate opportunity to view their assailant. Incorrect identifications are made all of the time. It is the duty of the defense attorney to ensure that any tainted identifications are suppressed. It is also the duty of a Massachusetts Criminal Lawyer to make sure that any subsequent "in court" identifications are not suggestive. Sometimes suspects are presented in person to the identification witness. While Massachusetts has approved this procedure it is the least reliable method of identification and the most vulnerable to attack. This article makes me somewhat suspicious about the identification procedure that might have been used. Soriano is from Lynn. It is unlikely that he was identified so quickly from a photographic array in that the arrays would likely contain photos of Boston men. This procedure can take a long time due to the volume of photos that have to be assembled and viewed by the victims. The incident occurred around 11:30 Monday night and Soriano was arraigned in court yesterday. More likely, the police conducted a "show up" procedure. The circumstances of this process might lend themselves to an attack on the legality of the identification of Soriano. This might be his best defense to these charges.

Continue reading "Lynn Massachusetts Man Held On $25,000 Bail Following Boston Fourth Of July Stabbing" »

Law enforcement officials at the state, federal and local levels arrested twenty eight people in the Brockton area yesterday following an investigation targeting low to mid-level drug dealers selling Cocaine and Crack Cocaine. The ages of the defendants ranges from nineteen to forty nine years old and includes women, men and homeless people. Most of the defendants are from Brockton, with a few from Bridgewater and Raynham. The charges leveled at the defendants vary. Some are charged with Cocaine Distribution, Conspiracy to Violate the Drug Laws, Distribution of Crack Cocaine, School Zone Violations, Heroin Distribution and Distribution of Cocaine Second and Subsequent Offense. Bail ranged from personal to thirty thousand dollars cash. The investigation was named Operation Street Sweeper II. This operation follows two other successful large scale investigations in the Brockton area in the last year. The cases are pending in the Brockton District Court. According to newspaper reports one courtroom was set aside to handle all of the arraignments in this case.

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http://www.enterprisenews.com/news/cops_and_courts/x438682197/Police-arrest-34-suspected-drug-dealers-in-Operation-Street-Sweeper-II-in-Brockton

Brockton Cocaine Distribution Defense Lawyer

All throughout Massachusetts and the entire country police have been implementing various tactics aimed at disrupting street-level drug dealing activities. Among these strategies are controlled buys, raids and large scale crackdowns. The latter method deploys large numbers of undercover officers who typically target Heroin, Crack and Cocaine dealers. There is a belief that the effectiveness of these operations is limited to the short term. Once the arrests are made and law enforcement vacates the area drug dealers come to the area quickly and establish or reestablish their presence. This can be defeated if there is a follow up plan that prevents the reinstatement of the unlawful activities. It is however generally agreed that drug sweeps do result in a diminution of drug dealing activities at least initially and that getting these people off the streets is a good start towards fighting drug dealing efforts.

There is often difficulty in effectively prosecuting these kinds of cases. People arrested in drug sweeps are done so an extended time after the commission of the alleged activity. For instance, if the police are engaged in one of these large scale operations they will often make the controlled buy and not effectuate the arrest until a future date. This makes the job of the Massachusetts Criminal Defense Attorney somewhat easier. Doubt is often raised in these cases simply because jurors cannot understand why the police would wait to make an arrest. People simply do not believe that a police officer would fail to make an arrest immediately after witnessing a crime. It is counterintuitive to the lay person. Evidence of the overall operation might be excluded at trial particularly in cases where there in no link between the various people arrested and charged with drug dealing.

Continue reading "28 People Arrested In Brockton Following Drug Dealing Investigation Targeting Street Level Dealers" »

The Salem News reported today that Christian Clemons of Salem, Massachusetts has been charged with Indecent Assault and Battery in the Salem District Court. The report alleges that Clemons was at a friends' home watching a movie. With the exception of Clemons everyone at the apartment are girls. The girls fell asleep. One of them awakened to find Clemons fondling her. Clemons has been charged with three counts of Indecent Assault and Battery to which he has pleaded not guilty. The defendant was previously charged with a theft related crime from a pet store. As a result, the bail on that case has been revoked and Clemons is going to be held for at least sixty days.

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http://www.salemnews.com/local/x1295078287/Salem-teen-charged-with-indecent-assault-battery

Revocation of Bail in Massachusetts

Under Massachusetts General Laws Chapter 276 §58 if a person is admitted to bail for a particular offense he receives a warning that his bail can be revoked if he is charged with another crime during the pendency of his release. This is known as a bail warning and it is indicated on the docket sheets of the case on which bail is imposed. If a person does in fact get charged with another offense while on bail and a judge finds probable cause to believe that he has committed the offense charged then the judge has to make a determination of whether or not to release that person. Many factors play into that decision including the person's prior record, the nature of the offenses with which he has been charged, drug usage, mental health considerations and more. If the judge finds necessary, he or she can then revoke the existing order of bail for up to sixty days. This is what happened to Clemons in this case. The judge decided, based on factors most of which likely were not mentioned in this article, that Clemons posed a danger to the community and that a revocation of his existing bail was in order.

Indecent Assault and Battery, Salem, Massachusetts

Here is what makes no sense about the new charge. Someone complained that Clemons somehow committed an indecent assault and battery on her. This was done while she was sleeping. The other girls were sleeping as well. There is not report of any screaming when the girl awakened to the assault nor is there any indication that someone witnessed the account. There is no suggestion that the police were called at three in the morning when the alleged assault occurred. There is an awful lot missing that could shed some light on the significance of these allegations. A Massachusetts Criminal Lawyer would want to know the following. Who saw what? What time were the police called? When did the alleged incident occur? What evidence other than the complainant's words support this allegation?

Continue reading "Salem Massachusetts Man, 17, Arrested And Charged With Indecent Assault And Battery " »

Saugus police officers and other law enforcement officials received a tip from an informant complaining that a man was selling Percocets from his home on Perullo Lane. Following up on the tip the police arranged for a controlled buy utilizing the informant. Last Friday this person went to the home of Christopher Albert Troisi, the defendant. At that time he purchased several pills. Five days later a similar arrangement was made. Detectives then went to Troisi's home. Troisi attempted to flee. The defendant's car and home were searched. Inside officers located more percocet pills, cocaine, drug paraphernalia and cash marked for the controlled buy. Troisi is facing charges of Possession With the Intent to Distribute a Class B substance, Possession of a Class B substance and a School Zone Violation. Bail was set at twenty five thousand dollars. The case is pending in the Lynn District Court.

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http://www.thedailyitemoflynn.com/articles/2011/02/11/news/news08.txt

Saugus Massachusetts Drug Crimes Defense Lawyer

If this article is accurate some of the charges against Troisi might not stand unless the informant agrees to testify. Law enforcement officials including the district attorneys office try to protect informants identities and orchestrate their prosecutions in ways the do not necessitate the informant's disclosure or testimony. When this effort fails the charges against the accused often get reduced to encourage a plea bargain. Sometimes prosecutors even agree to dismiss the charges. It is important for Troisi to seek and hire a Massachusetts Criminal Defense Lawyer who understands informant issues and is skilled at Suppression Issues.

Continue reading "Saugus Man Arraigned On Drug Charges In Lynn After Arrest For Selling Drugs From His Home" »

Duane Collins of Lynn, Massachusetts was arrested and convicted for Cocaine Trafficking in 2008. He was sentenced to five and one half to seven years. His conviction was reversed in 2009 following a landmark United States Supreme Court case that requires the district attorney to call chemists to prove that a substance is in fact a controlled substance. Prior to that case the prosecution could simply present a certificate of analysis to show that a substance was an illegal drug. Following that ruling Collins' lawyer was able to negotiate a deal where he would serve three years only and get credit for time served. That deal may no longer be available however since Collins was just arrested for another cocaine charge. Apparently, after a Motor Vehicle stop police found over an ounce of cocaine in a cooler in Collins' car. His bail has been revoked.

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http://www.salemnews.com/local/x2072622012/Man-about-to-be-sentenced-in-coke-case-busted-again#

Lynn Massachusetts Drug Trafficking Defense Lawyer

Massachusetts General Laws Chapter 276 Section 58B gives a judge the authority to hold someone without bail, who, while released on bail gets arrested for another crime. The statute gives the accused the right to a hearing to argue bail. The statute also permits a judge to have the individual held for up to ninety days. It becomes critical that the Massachusetts Criminal Defense Lawyer arguing for bail under these circumstances is familiar with this statute. Collins' lawyer is excellent and experienced and according to the article made a strong request for bail. His lawyer also did a great job negotiating a reduction in his sentence.

Continue reading "Lynn Man Facing Sentencing For Cocaine Trafficking Case Arrested For Motor Vehicle Charges Gets Bail Revoked" »

According to reports in the Lawrence Eagle Tribune DEA agents working our of New Bedford had been investigating a Heroin Trafficking ring involving individuals from Lawrence. One of the members was arrested with eighty five grams of heroin. As a result a Search Warrant issued for an apartment on Union Street in Lawrence. An informant told the police that he had purchased at that apartment. This individual reported that he would arrive at the apartment and one the occupants would go out and return shortly with the heroin. During the search an individual questioned by the police indicated that he lived in another apartment down the hall. He apparently consented to a search of that unit. During the search officers found over five kilograms of heroin. The estimated street value of the substance is over three million dollars. In all the police located and arrested six individuals. All were charged with Trafficking Over 200 Grams of Heroin. The case will be prosecuted in the Essex County Superior Court in Salem. Bail for each was set at five hundred thousand dollars. The defendants have been identified as Victor Guerrero Santana, Francisco Rivera, Jose Pizarro, Oveido Lopez, Luis Gonzalez and Elvin Ruiz.

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Lawrence Massachusetts Drug Trafficking Defense Lawyer

Charging everyone present at the scene of a large drug bust is a common yet flawed law enforcement tactic. The article suggests that some of the defendants were at best "present only". In the past I have blogged on this issue. Presence alone is not enough to sustain a prosecution for drug offenses. There must be some criminal activity in which the accused is involved and there must be an intent on that person's part to engage in or assist with the criminal act. When looking at this article it is difficult to ascertain who is responsible for what, if anything. An Experienced Massachusetts Drug Defense Lawyer will attack the arrests and charges and perhaps in some cases obtain a dismissal for one or more of these defendants.

Continue reading "Six Lawrence Men Arrested On Drug Trafficking Charges, Bail Set At $500,000" »

According to the Newburyport News Cody Harkness of Amesbury, Massachusetts is being charged with Unarmed Burglary, Home Invasion, Malicious Destruction to Property Valued at More Than $250 and Breaking and Entering. The victim is a downstairs neighbor who was sleeping when Harkness broke into her home. Apparently the defendant opened a door in a common area of the home that led to the victim's closet. From there he entered her room and touched her body. The victim woke up and yelled. Harkness left. Harkness, who had not been identified by the victim at that point asked her what had happened. She in turn told the police that he might have information about the intruder. The police contacted Harkness and noticed that he had in his possession that the victim said the suspect was wearing. Other evidence suggested to the officers that Harkness had in fact committed the crime. He eventually admitted involvement. The charges are now pending in the Newburyport District Court. Bail was set at two thousand five hundred dollars.

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http://www.newburyportnews.com/local/x1613327262/Amesbury-teen-charged-after-home-invasion

Massachusetts Home Invasion Defense Lawyer

This article is somewhat confusing as to what the actual charges are that Harkness is facing. The headline states Home Invasion. Home Invasion in Massachusetts is criminalized under Massachusetts General Laws Chapter 265 Section 18(c). It is a felony and a conviction carries with it a mandatory twenty year state prison sentence with a maximum life possibility. The Newburyport District Court does not have jurisdiction of this crime and I would imagine that the district attorney's office will use its discretion and reduced the charges to something within the district court's jurisdiction. Additionally, if the article is correct it might be difficult for the prosecution to prove a couple of necessary elements of the offense beyond a reasonable doubt. The prosecution must prove that Harkness was armed with a dangerous weapon. There is no indication that he was. Also, the prosecution must prove use of force or the threat of the imminent use of force. None of that seems to be present her. The body of the article, as opposed to the headline states that unarmed burglary is the charge here. The statute addressing that crime is G.L. c. 266 Section 15. There is a requirement that the district attorney prove however that in addition to the breaking and entering, that Harkness intended to commit a felony while inside the victim's home. There is no evidence supporting that element. This crime also must be prosecuted in the Superior Court so again I believe that there will be a modification of charges so that the district court can keep jurisdiction of the case.

Continue reading "Amesbury Teenager Facing Serious Felony Charges After Breaking And Entering Neighbor's Home" »

Marylou Quinones Fry-Trifone of Billerica, Massachusetts was served with divorce papers a few days ago. Less than twenty four hours later she was arrested for trying to kill her fourteen year old stepdaughter. According to the Lowell Sun, the victim woke up around 4:30 a.m. and found the defendant at the front of her bed holding a large knife. The defendant yelled that she was going to kill the girl. She then swung the knife hitting the girl in the forearm, back and stomach. The victim screamed. Her sister and father came to her aid and subdued Fry-Trifone. Within minutes the police arrived. The victim was transported to a local hospital. Fry-Trifone has been charged with Assault With the Intent to Commit Murder, Assault and Battery, Assault and Battery by Means of a Dangerous Weapon and Assault With a Dangerous Weapon. She was released on one thousand dollars cash bail.

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Billerica, Massachusetts Criminal Defense Lawyer

This article shows the value of having an Experienced Massachusetts Criminal Defense Lawyer at your arraignment. These are very serious charges. Most of the charges are felonies and there is a possibility that this case will be prosecuted in the Middlesex County Superior Court in Woburn. There is also a possibility that if convicted Fry-Trifone will have to serve a jail or prison sentence. However, her lawyer did a great job getting bail set at one thousand dollars, a relatively small sum given the severity of these charges. These cases can take months or even more than a year to resolve. If the defendant is held without bail or on an unaffordable cash bail he or she will be stuck in jail while the case is pending.

Continue reading "Billerica Woman Arrested, Charged With Trying To Kill Stepdaughter" »

Seventeen year old Nigel Rowe of Westborough, Massachusetts has been charged with Rape. According to reports in the Metrowest Daily News and Wicked Local, Westborough, Rowe was arraigned today in the Westborough District Court. Bail was set at one thousand dollars. Rowe is permitted to remain attend school but is otherwise confined to his home. He is being monitored by a GPS device pending his pre-trial. Rowe was arrested Friday night by local police. It is reported that Rowe and the girl know each other.

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http://www.wickedlocal.com/westborough/newsnow/x1389367986/Westborough-high-football-player-pleads-not-guilty-to-rape-charges

Westborough, Massachusetts Rape Defense Lawyer

Stories like this one always concern me. The accused is being charged with one of the most heinous acts, punishable be life in prison. Yet his bail is set at one thousand dollars and he can attend school. That suggests to me that the underlying facts are much less egregious than the charges suggest. Apparently the girl made her complaint last Thursday. The police conducted a one day investigation before making their arrest. As I have mentioned in prior blog posts, there are many defenses to Rape allegations. In cases where the act never occurred denial is a common defense. Where there was sexual contact but no rape then consent is typically offered as a defense. Many factors are taken into account by judges or juries in determining guilty or innocence in these cases. Where did the act occur? At what time? What condition was the complaining witness in at the time of the report? What did witnesses see or hear? What did the complaining witness tell her friends or family, if anything. What did the defendant say before or after his arrest. Rowe's Massachusetts Criminal Defense Lawyer will be looking into all of these issues immediately as he or she establishes the defense to this case. However, while this case is pending it is important to keep in mind that these charges are allegations only and Rowe enjoys a constitutional presumption of innocence.

Continue reading "Westborough Massachusetts Teen Charged With Rape" »

Dwayne Day of Braintree and his brother Michael Day of Boston, have been charged in the Quincy, Massachusetts District Court with Drug Conspiracy, School Zone Violation, Trafficking Cocaine, a Class B Substance, Possession of Ammunition and Gun Possession. According to reports, police in Braintree, Massachusetts had been conducting an extensive drug investigation in the area of McCusker Drive. This past Wednesday a Braintree Police detective observed the Day brothers in a car in a parking lot of an apartment complex. Once the Days noticed the detective they fled the area. Another officer stopped the car claiming it had "failed to signal", a civil Motor Vehicle Violation. The Days were detained until a patrol officer with a drug sniffing dog was summonsed to the scene. The dog alerted the officers to drugs in the car's center console where over fourteen grams of cocaine were found. Officers then applied for and obtained a search warrant for one of the brother's homes on McCusker Drive. Inside the home the police found more cocaine and two guns. Bail has been set of fifteen thousand dollars cash.

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http://www.patriotledger.com/news/cops_and_courts/x171129091/Braintree-bust-nets-two-on-drug-and-gun-charges

Braintree, Massachusetts Drug Defense Lawyer, Norfolk County Cocaine Trafficking Defense Lawyer

Once again, as with many drug cases the legality of the Search and Seizure becomes critical to the Day brothers' defenses. While the officers can justify their stop of Day if in fact he did fail to signal they cannot justify holding them longer than is necessary to issue a citation. Massachusetts Courts have held that an investigative detention must be temporary and must last no longer than necessary to effectuate the purpose of the stop. The continued detention of a motor vehicle operator and passenger after the operator had satisfied the purpose of the stop for speeding by producing his license and registration was ruled unlawful by the Massachusetts Supreme Judicial Court. Similarly, a forty-minute detention of defendant's vehicle by six troopers who blocked the front and back of the vehicle with their cruisers was inconsistent with an investigative stop and constituted an arrest. In this case, it is unclear why the police called for the drug sniffing dog and why the Day brothers were held longer than was necessary to issue the ticket. No doubt the Day's lawyers will file a Motion to Suppress. If successful the case would likely be dismissed.

Continue reading "Braintree, Boston Men Facing Cocaine Trafficking, Gun Charges In Norfolk County" »

Thomas Colbert of Brockton, Massachusetts was arrested Monday and charged with Trafficking Marijuana. It was reported that Colbert went to a shipping facility where marijuana had just been delivered. He arrived in a rented truck. Apparently authorities had been tipped off by a trucking company in Abington that suspicious packages had been delivered from a California address. Drug sniffing dogs alerted police to the possibility that the packages contained marijuana. Colbert, a local wedding photographer tried to take possession of the packages and was arrested. Police located about seven hundred pounds of marijuana in the boxes. The drugs were "professionally wrapped" to conceal the odor of the drugs. The street value of the substance is estimated at over one million dollars. Colbert's relatives pooled their money and came up with the forty thousand dollars bail money.

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http://www.boston.com/news/local/massachusetts/articles/2010/08/18/abington_arrest_nets_1m_in_marijuana/

Plymouth County Superior Court Marijuana Trafficking Lawyer

Massachusetts General Laws Chapter 94C Section 32E is the charge Colbert must defend in this case. The law in Massachusetts states that anyone convicted of Trafficking Marijuana in Excess of one hundred pounds and less than two thousand pounds must serve a minimum mandatory three year sentence if convicted. The key to the prosecution's success in this case will be established by Colbert's actions at the time he was at the trucking facility coupled with any evidence preceding his arrival suggesting that he intended to access the substance. Renting a truck is certainly a factor that works against him absent a realistic and innocent explanation for that act. What strikes me as odd in this case is that the sender went to great lengths to ensure that the marijuana was packaged in a manner to would avoid drug detection by dogs. Apparently they used fabric softener, shrink wrap, newspapers and grease to mask the odor. How then did the dogs end up smelling the substance. If law enforcement opened the substance prior to the dogs alerting them to their finding then Search and Seizure issues are implicated and perhaps a Motion to Suppress might succeed.

Continue reading "Brockton Man Charged With Trafficking Marijuana Posts $40,000 Bail" »

Tyrone Farrar of Lawrence, Massachusetts was arraigned yesterday in the Newburyport District Court on charges of Statutory Rape. Farrar, a security guard at the Frost School is accused of having consensual sex with a fourteen year female student from that school. Initially, Farrar, the victim and the victim's mother all denied that Farrar's relationship with the girl was of a sexual nature. This changed however this past weekend when Farrar was arrested for OUI Drugs in Salisbury, Massachusetts with the girl in the car. The prosecution alleges that after the arrest both Farrar and the girl admitted to having sexual relations on several occasions over the past year. The victim claims that the sex started when she was thirteen years old. Reports state that Farrar was also the girl's basketball coach. Farrar has been held without bail pending a dangerousness hearing. Charges are now pending in the Newburyport District Court. The Rape of a Child charges will be indicted and prosecuted in the Essex County Superior Court in Salem.

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http://www.eagletribune.com/local/x1243783675/Lawrence-school-security-officer-charged-with-statutory-rape

Essex County Statutory Rape Defense Lawyer

Farrar is in a lot of trouble. Back in June of this year a Melrose, Massachusetts basketball coach, James Connor plead guilty to similar charges and was sentenced to twenty to thirty years in state prison. Connor was fifty two years old at the time. He will be eligible for parole when he is seventy two years old. While many people think that the "consensual" nature of Statutory Rape (Rape of a Child in Massachusetts) lends itself to leniency often times it does not. Farrar, as a security guard and coach is in a position of trust when it comes to the development and safety of the people under his care. A violation of that trust particularly in a sexual manner is often punished harshly in Massachusetts. The sexual acts, helping the victim sneak out of her house, the presence of drugs and a firearm, having the girl out into the early hours of the morning will all factor into his sentence if Farrar is convicted. In so many regards this case presents great challenges for Farrar's Massachusetts Criminal Defense Attorney.

Continue reading "Lawrence Security Guard, Coach, Charged With Statutory Rape In Essex County" »

Jorge Fernandez of Waltham and Antonio Rodriguez of Revere have both been charged with Cocaine Trafficking in the Middlesex County Superior Court in Woburn. Bail has been set at forty thousand dollars and one hundred thousand dollars respectively. The charges stem from an incident in Waltham alleged to have occurred on March 8, 2010. It has been reported that on that day an officer heard a loud noise that he was investigating. In doing so he observed a black Mercedes with Florida plates parked in an alley. The officer then saw a large amount of cash on the center console of the car. The officer questioned the occupants, Fernandez and Rodriguez and became suspicious with their responses. The officer then searched the car and located over two hundred grams of cocaine and over eight thousand dollars in cash. Both were charged with Trafficking Cocaine in Excess of Two Hundred Grams.

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http://www.dailynewstribune.com/news/copsandcourts/x999356885/Grand-jury-indicts-two-men-charged-with-trafficking-cocaine

Middlesex County Cocaine Trafficking Defense Lawyer

As I have mentioned in several previous blog posts it is likely that the defense in this case will center on the legality of the Search and Seizure. Based on the facts in this article this one seems tough. Our Courts have held that "[i]f policemen are to serve any purpose of detecting and preventing crime by being out on the streets at all, they must be able to take a closer look at challenging situations as they encounter them...Like many other courts, we have held that HN3the use of a flashlight to look into the interior of a car in such situations does not amount to a search at all." Here, once the flashlight illuminated the car the officer decided to question the occupants. Their responses prompted more concern and ultimately the search of the vehicle.

Continue reading "Men From Waltham, Revere Charged With Trafficking Cocaine In Middlesex County" »

Kristen Shields of North Andover, Massachusetts was charged in the Lowell District Court with Assault and Battery By Means of a Dangerous Weapon and Assault With the Intent to Murder. According to reports, Shields and her boyfriend were engaged in consensual sexual acts with a thirty nine New Hampshire woman. The New Hampshire woman told the police that the three were having sex and that Shields got out of bed and told the two to continue with their business. Shields then re-entered the bedroom and got jealous. She began throwing objects in the room and took a kitchen knife and stabbed her boyfriend in the chest. Shields admitted to the attack.

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http://www.lowellsun.com/ci_15503960?source=rss_viewed

Lowell, Massachusetts Stabbing Defense Lawyer

The crime of Assault With Intent to Murder in Massachusetts is identified by Massachusetts General Laws Chapter 265 Section 18. The law states that anyone armed with a dangerous weapon who assaults another with the intent to murder that person faces a state prison sentence of up to twenty years if convicted. I have written before that these cases are difficult to prove in that the prosecution must show the person's intent at the time the act was committed. The element of intent in crimes of passion often becomes the major point of contention and juries rarely convict people accused of committing this crime. They are much more likely to convict on the Assault by Means of a Dangerous Weapon indictment that usually gets charged in connection with Assault With the Intent to Murder. I would imagine that Shields' sentence in this case will be impacted by the desires of the victim. With excellent representation she might be able to avoid prison time.

Continue reading "North Andover Woman Charged With Stabbing Boyfriend During Threesome Encounter" »