Massachusetts Criminal Defense Attorney Blog

At 4:00 a.m. yesterday morning police responded to 27 Washington Street in Lawrence, Massachusetts for a call regarding commotion at that address. A patrolman knocked on the door waiting for someone to answer. While doing so he saw the defendant, Sandy Santos placing "something" underneath a seat cushion. The patrolman was then permitted to enter the home. When he did he looked under the cushion and saw a loaded .38 caliber handgun. Santos was arrested and charged with Carrying a Firearm, Unlawful Possession of Ammunition and Possession of a Loaded Firearm. The report states that the gun is being tested for fingerprints and DNA. The case is being prosecuted in the Lawrence District Court.

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http://www.eagletribune.com/punews/local_story_068001139.html

Massachusetts Gun Case Defense Lawyer

The charge of Carrying a Firearm carries with it a mandatory minimum eighteen month house of correction sentence. However, the statute prohibiting that activity, Massachusetts General Laws Chapter 269 Section 10(a) exempts such conduct where the activity occurs at home or at work. Here, the article states that Santos was at home at the time of the incident. I am also curious as to why the gun would be tested for fingerprints. The article states that the officer saw Santos place the gun underneath the seat cushion. Why then would it be necessary to have it printed or tested for DNA evidence. It is also suspect that Santos would offer entry to the officer. There was no search warrant. There was no probable cause to arrest. The officer had no legal right to enter the property. Why then would Santos open the door and let him in? This case is full of issues that bode well for the defense.

Continue reading "Lawrence Man Charged With Gun Possession After Police Him Try Hide Firearm Under Seat Cushion" »

This past Sunday Sokhanara Chea of Lynn, Massachusetts was arrested in Lawrence after allegedly discharging a firearm into the air on Franklin Street. Shortly after midnight police officers patrolling that area heard four to five shots fired in the Common Street area. When they arrived at the scene they observed two men walking away from one another. One of the men opened a car door and placed something in it. Having just seen the police the individual then started to run. When he was apprehended he fought with the police. The firearm was located under the seat of the car. Five shell casings were located on the sidewalk nearby. Chea has been charged with Carrying a Firearm, Discharging a Firearm Within 500 feet of a Building and Leaving a Firearm Unattended. The case is currently being prosecuted in the Lawrence District Court.

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http://www.eagletribune.com/punews/local_story_055003908.html

Lawrence Massachusetts Gun Cases

Carrying a Firearm in Massachusetts is a felony in Massachusetts proscribed by Massachusetts General Laws Chapter 269 Section 10. A conviction of this offense carries a mandatory minimum eighteen months in the house of correction. Discharging a Firearm Within 500 Feet of a Building carries no minimum mandatory sentence. To prove the carrying charge the district attorney must show that Chea had possession of the gun. This begs the question: Did he put the gun in the car? If he did and he was not licensed to carry the firearm he faces the mandatory minimum sentence. The article states that the police did not actually see him place the weapon in the car. Rather, his actions suggested that he was secreting the weapon in the car to avoid detection. This makes no sense. When the police arrived they saw two men walking in opposite directions seemingly trying to avoid the police. One of them, supposedly Chea, opened the car and put the gun in the car under the seat. This takes time and seems unlikely for someone who is trying to escape from a crime scene. A more natural reaction would be to run and throw the gun somewhere. Whose car was this? People in that neighborhood do not usually keep their cars unlocked. If it was Chea's car why would he walk towards it and put the gun inside knowing the police were after him. As to the second charge, there is no indication that anyone actually saw him shoot the gun. This might be a defensible case.

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Yesterday morning at about 9:30 a local taxicab driver called 911 claiming that he had been robbed at gunpoint. The complainant stated that he picked Shayne Sullivan up at his home on 256 Market Street, drove him to an address on Pawtucket Boulevard and then back to 256 Market Street. Sullivan supposedly paid the driver then placed a gun against his head and stole from him some money. When police responded and located Sullivan they were told that he had made some threatening statements. Consequently the SWAT team was called to the scene. Sullivan was apprehended. He was charged with Armed Robbery on a person over sixty years old. The case is pending in the Lowell District Court.

Read Article: http://www.lowellsun.com/ci_14447660

Lowell Criminal Defense Lawyer Robbery Cases

Armed Robbery is a felony that carries with it a possible life sentence. Many times robbery cases are reduced to Larceny so that the case can be prosecuted in the district court. This occurs when the district attorney believes that there can be a fair resolution of the case can be reached without having to send the defendant to state prison. The gravity of the defendant's actions, the impact to the victim and mental health concerns are some factors that can prompt the prosecutor to reduce the charges. Here, the gun was not real, the victim was not physically injured and the defendants' irrational actions (i.e. robbing someone in front of his own home) suggest the possibility that this case might not be indicted.

Continue reading "Lowell Man Suspected Of Robbery Arrested With Help Of SWAT Team" »

Prosecutors in Lynn, Massachusetts allege that early Monday morning during a snowstorm a man was taping up a window of his car. Three men pulled up in another vehicle, approached him at gunpoint and forced him into their car. The victim was held for a brief period of time during which the assailants took from him a cell phone. The victim was then released and the defendants drove off. The police later caught up to the defendants and upon initial inquiry observed the firearms in their vehicle. The defendants, Jose A. Sanchez of Danbury, Connecticut, Josue Marrero of Framingham and Jose M. Sanchez of the Bronx have been charged with Armed Robbery, Kidnapping, and Possession of a Firearm. The case is now pending in the Lynn District Court but will likely be prosecuted in the Essex County Superior Court in Salem.

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Robbery, Kidnapping, Gun Possession Charges Issue Against 3 In Lynn

Carrying and Possession of Firearms in Massachusetts

Massachusetts General Laws Chapter 269 Section 10(a) makes carrying a firearm in Massachusetts a felony. The law states that anyone who knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. Eighteen months of this sentence must be served.

Armed Robbery in Massachusetts

Armed Robbery is a life felony proscribed by Massachusetts General Laws Chapter 265 Section 17. To be convicted of this crime the prosecution must show that the defendant was armed and that he stole the property of another person. In this case it is alleged that the defendants used guns to rob the victim of his cell phone which, if proved beyond a reasonable doubt would satisfy the elements of the crime. If convicted a judge could sentence the defendants to life is state prison.

Continue reading "Three Arraigned In Lynn District Court On Charges Of Robbery, Kidnapping, Carrying A Firearm" »

Authorities allege that Marcelo Perez of Lawrence, Massachusetts was carrying a loaded .38 caliber firearm at the same time he made a delivery of over twenty eight grams of cocaine. Apparently an investigation was focused on a Dunkin Donuts parking lot on Main Street in Haverhill. It is unclear as to how the police knew or suspected Perez to be involved in drug dealing or what reason they had for apprehending him. He is being charged in the Haverhill District Court with Trafficking Cocaine Over 28 Grams, Possession of a Firearm, Possession of Ammunition and Possession of a Dangerous Weapon. This case will ultimately be prosecuted in the Essex County Superior Court in Salem. The street value of the cocaine is estimated at over six thousand dollars.

Read Article: Drug and Gun Charges for Lawrence Man Caught Trafficking In Haverhill As a Massachusetts Drug Case Defense Lawyer there are several things I would like to know about this case. What information did the police have that Perez was involved in drug trafficking. In order to legally stop and search him the police must have probable cause. That can be established in many ways yet this article does not even hint at the reasons the police targeted this man. I assume an informant provided certain information from which the police launched their investigation but that information must also meet a constitutional threshold before it justifies them stopping and searching Perez. I would also want to know whose car Perez was driving and who, if anyone he was meeting in the parking lot. As with most drug cases, I would expect to see a Motion to Suppress vigorously litigated in this case.

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On December 30, 2009 police on Cape Cod searched an apartment located at 6A Holly Street in Onset, Massachusetts. There they found prescription drugs, a large quantity of cocaine, an assault rifle, a handgun and ammunition. Both weapons were loaded. At the scene were Manuel Pina-Agee and Amanda Muller, both of Wareham. Both were arrested that night and charged with drug and gun violations. Not present was Theodore Lopes who has also been charged with these offenses. Police have been searching for Lopes since the home was searched. Lopes has been charged with Trafficking Cocaine and Gun Possession, both felonies in Massachusetts.

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Police Search For Cape Cod Resident Charged With Drug Trafficking, Gun Possession

When looking at this case any Plymouth County Massachusetts Drug Defense Lawyer who handles cases in Wareham would immediately want to know how is it that three people have been charged with these crimes. When a home is searched and more than one person is present there is always an issue as to who had ownership or possession of the illegal items. Simply being present where a crime is being committed is insufficient to sustain a conviction. In these cases motions to dismiss are usually filed and are often successful. Here is another thought. Why is Lopes being charged with these crimes? The article suggests that he was not present when the search took place. Had he been he would have been arrested. It is difficult and many times impossible for the district attorney to legally link someone to criminal activity when the person is not present, particularly in the case of drug matters and searches. This might very well be the type of case that Lopes can win.

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On November 17, 2009 the Massachusetts Appeals Court issued its decision in Commonwealth v. Hollister. The issue in Hollister was whether the erroneous admission of a ballistician's certificate amounted to harmless error. The facts in Hollister are as follows:

The defendant was found near his truck. Inside the unlocked glove box authorities located a loaded firearm. Hollister tried the case without a jury and was found guilty of Unlawful Possession of a Firearm, Carrying a Firearm Without a License and Improper Storage of a Firearm, all Crimes that are Felonies in Massachusetts. To establish operability of the firearm the district attorney relied on a statute that permits proof through a certificate of analysis. The defendant objected to the admission of the certificate. This case was tried prior to the United States Supreme Court's decision in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527, 2542 (2009). The Melendez-Diaz decison makes clear that such certificates violate a defendant's Sixth Amendment Right to Confrontation. The district attorney argued on appeal that the violation of Hollister's rights was harmless error. The Appeals Court disagreed reasoning that absent any independent evidence that the gun was operable the case must be reversed.

While it is unlikely that prosecutors in Massachusetts will continue to proceed on firearms cases with a certificate of analysis alone, Massachusetts Gun Possession Defense Lawyers now know that if a prosecution is handled in this manner the district attorney must somehow show that the gun was operable. Evidence such as bullet holes, expended projectiles or ejected cartridge casings might relieve them of the obligation to produce the ballistician in order to prosecute their case.

Continue reading "Massachusetts Appeals Court Holds That Admitting Firearm Ballistics Certificate In Gun Case Warrants Reversal" »

Edwardo Fontes, of Plymouth, Massachusetts, along with John Silva and Vanderlee Fernandes both of Brockton were arrested yesterday in connection with a shooting in Stoughton. It was reported that the three men robbed two others and fled in a car. A witness provided the description of the car and later in the evening the car was stopped in Brockton. No weapons were recovered and no one specified what items were taken from the victims. One of the victims was shot in the leg, the other in the stomach. Each defendant has been charged with Armed Robbery, Assault and Battery by Means of a Dangerous Weapon and Assault with the Intent to Murder. The case is now pending in the Stoughton District Court but will likely be prosecuted in the Norfolk County Superior Court in Dedham.

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Gun And Robbery Charges Filed Against Massachusetts Men Involved In Shooting In Stoughton

Cases like this are always interesting to defend. I imagine that whatever happened between the defendants and the victims was a far cry from your typical robbery. Here is why. The police declined to identify what property if any was stolen from the victims. The robbery took place behind a structure suggesting that the parties agreed to meet somewhere out of sight. There is no identification of the person who supposedly made the call to the police nor is it clear that such person actually witnessed the robbery or shooting. This sounds very much like a drug deal gone bad. This might be a difficult case for the district attorney to prosecute. An Experienced Massachusetts Robbery and Assault Lawyer who practices in the Stoughton Court and Norfolk Superior Court might be able to effectively defend the defendants in this case.

Continue reading "Three Massachusetts Men Charged With Robbery, Firearms Offense After Shooting Victims During Theft" »

This past Sunday evening, just past 6:30 p.m. members of the Quincy, Massachusetts Police Department executed a search warrant at John Keller's residence. The search warrant was issued after an eighteen month police investigation suggested that Keller was dealing drugs out of his Chester Street apartment. When the police searched the home they found Cocaine, Ecstasy, Heroin, and other Controlled Substances. They also found ammunition and nearly fifty thousand dollars cash. The investigation started as a result of neighbor complaint about numerous people making frequent visits to the apartment. As part of the investigation undercover police officers made controlled buys of various substances. During the search the police found over one hundred grams of cocaine, Class C drugs, Oxycodone pills, marijuana, digital scales and more. Keller has been charged with Trafficking Cocaine, Trafficking Heroin, a School Zone Violation, Unlawful Possession of Ammunition and various Miscellaneous Crimes. Bail was set at one hundred thousand dollars cash in the Quincy, Massachusetts Man Held On Drug Trafficking, Gun Charges

It appears that the most serious charge is Cocaine Trafficking which in Massachusetts carries a minimum mandatory ten year sentence where the quantity exceeds one hundred grams. The School Zone Violation adds another two years to this sentence. If Keller is convicted of both of these crimes he will have to serve twelve years in state prison. Naturally as with any case there can be defenses to these allegations. I would expect to see a challenge to the issuance of the Search Warrant. It would not surprise me if people other than Keller were being investigated and had some involvement in these activities during the course of the investigation. Their roles might ameliorate some or all of Keller's responsibility for some of the crimes he has been charged with. One thing is certain. If he has not already done so Keller needs to Hire an Experienced Massachusetts Drug Defense Lawyer right away.

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Christopher Leonard of Randolph, Massachusetts was charged with Armed Assault With Intent To Murder, Discharging a Firearm Within 500 Feet of a Building and Improper Storage of a Firearm after a dispute with his neighbor over a fence ended up in a shooting. According to reports Leonard and his wife were in their yard last Friday night when the neighbor, John Rota went onto Leonard's property to discuss an ongoing dispute regarding a fence that separates the neighbor's properties. The discussion turned violent when Leonard hit Rota who responded by throwing a beer can at Leonard. Supposedly Leonard then pulled out a gun and shot Rota in the stomach. Afterwards Leonard tried to stop the bleeding and tended to Rota's wound. Leonard's wife told police that he had been out drinking earlier in the evening and that he becomes violent when he drinks. Leonard is licensed to carry firearms. His bail was set at twenty thousand dollars by a judge in the Quincy District Court.

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Massachusetts Man Shoots Neighbor During Dispute Over Fence

A couple of thoughts come to mind when reading this article. Did Leonard act in self-defense? Even if he did the law in Massachusetts makes clear that people can use force in self defense however no one can use more force than is reasonably necessary under the circumstances of this case. In a case like this jurors will consider the relative sizes of the combatants, their actions and the location of this incident. Keep in mind that this happened on Leonard's property suggesting that Rota could have been the aggressor. Rota used a dangerous weapon on Leonard prior to the shooting. Further actions by Rota not addressed in the article could give rise to a legitimate self-defense claim. The fact that Leonard immediately assisted Rota suggests that the shooting might have been an accident. An "accident" in Massachusetts is defined as an unexpected happening that occurs without intention or design on the defendant's part. It means a sudden, unexpected event that takes place without the defendant's intending it. Here, brandishing the gun does not necessarily mean that Leonard intended to fire it. The act of shooting might have been an accident, a valid defense to these charges.

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Steven Reth of Western Avenue in Lynn, Massachusetts was just indicted for a Firearms Violation, specifically Gun Possession. The prosecution has alleged that in July of 2009 Lynn police responded to a call reporting gunshots. Upon arrival an officer observed a suspicious car that he followed for a distance. Reth later jumped out of the car and was pursued. Prior to his apprehension the police claim to have seen him toss an item that was later located. It was a handgun. The case is being prosecuted in the Essex County Superior Court in Salem. Reth has a felony record and has been convicted of several crimes in the past.

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Massachusetts Man Faces Gun Charges In Salem

In cases like this a Massachusetts Criminal Defense Lawyer would probably focus his defense on the constitutionality of the stop of Reth's car. While following a suspicious car is not a violation of someone's constitutional rights certain actions of the police might have been. Pulling the car over for no reason other than it appearing "suspicious" might result is suppression of the stop. The defendant pulling his car over and running would not give rise to probable cause to arrest without more. Reth may have some viable defenses to his case but search and seizure issues seem a more likely target for his lawyer.

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Adolfo Bonilla and Josue Ramirez-Gonzalez both from Waltham, Massachusetts had been banned from a local bar. They tried to gain entry and when they were denied both threatened to return with a gun and shoot and beat the owner. The police were immediately called. When they arrived Bonilla allegedly drove the car directly at the responding police car. The car stopped. Both suspects got out of the car and tried to flee and ended up struggling with the police. Ramirez-Gonzalez was charged with Malicious Destruction to Property for throwing a rock at a parked car as well as resisting arrest. Bonilla was charged with Resisting Arrest, various Motor Vehicle Crimes, Threatening to Commit a Crime and Assault with a Dangerous Weapon. The case is being prosecuted in the Waltham District Court.

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Waltham, Massachusetts Men Kicked Out Of Bar Threaten Owner, Get Arrested For Several Criminal Charges

Threatening to commit a crime is a violation of Massachusetts General Laws Chapter 275 Section 2. The law makes clear that a conviction for the offense has a maximum sentence of six months in jail and a one hundred dollar fine. The irony in this case is that the bar owner was most probably scared by the threats yet this is the least of the defendant's problems. The malicious destruction to property charge is more serious particularly if the value of the property is two hundred fifty dollars or more. In that case the crime is a felony.

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This past weekend Lynn, Massachusetts police contacted Saugus police after receiving a call that two individuals were shooting weapons from a black pick-up truck. The vehicle was located by Saugus police who arrested Noah James Bradley of Lynn and Andrew Sinoni of Salem. Both men were charged with discharging a firearm within five hundred feet of a building. Sinoni was charged with the additional crime of illegal Possession of a Firearm. The case is pending in the Lynn District Court where it will likely remain for the duration of the prosecution. The firearms possession charge carries a minimum mandatory eighteen month jail or house of correction sentence pursuant to Massachusetts General Laws Chapter 269 Section 10(a). The charge of discharging a firearm within 500 feet of a building carries a fine of between fifty and one hundred dollars and a maximum three month jail sentence. The latter crime is a misdemeanor and there is no minimum mandatory sentence associated with that offense.

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Firearms Possession And Related Charges For Lynn, Massachusetts And Salem, Massachusetts Men

The news is pretty good for Bradley. If he kept his mouth shut and their are no witnesses who can identify him as one of the shooters in the car he just might escape a conviction in this case. Of course this also assumes that he was not checked for gunshot residue and if he was that the test is negative. Sinoni on the other hand might have a problem. I am assuming that when the Saugus police stopped the vehicle he had possession of the weapon and that his why he alone is being charged with Possession of a Firearm. Checking the 911 and dispatch might also unearth some information that results in the filing of a Motion to Suppress the stop. If successful the charges against both could be dismissed.

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John Monteiro of Randolph, Massachusetts has been charged with Carrying a Firearm, Second Offense, Assault With Intent to Commit Murder and related Violent Crimes. Authorities have alleged that Monteiro shot another man outside of an Ashland restaurant. The victim was treated at a local hospital. Monteiro is being held without bail pending a hearing on dangerousness in the Framingham District Court.

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Massachusetts Man Held Without Bail After Shooting Incident In Ashland

The Second Offense Firearm case is going to be difficult for Monteiro to defend absent an affirmative defense such as self-defense. Massachusetts General Laws Chapter 269 Section 10(d) states that anyone with a prior firearm possession conviction must serve a minimum mandatory five year state prison sentence if convicted of a like offense. Even if Monteiro disposed of the weapon prior to getting arrested the district attorney can prove this case through circumstantial evidence such as the victim's bullet wound and the recovery of the expended projectile, shell casings and related firearms evidence. If however there are no independent witnesses and the victim decides not testify the prosecutor's job becomes much more difficult. The article states that this is probably not a random act. If the victim and Monteiro were involved in a dispute involving illicit activities it would not surprise me to see the victim refuse to cooperate with authorities.

Continue reading "Randolph Massachusetts Man Charged With Attempted Murder, Firearm Possession After Shooting In Ashland" »

After a six month long investigation members of several law enforcement agencies, both federal and state made several arrests in connection with alleged cocaine trafficking activities in New Bedford, Massachusetts and throughout Bristol County. The target of the investigation was Paul J. Pereira, 35, of 67 Lindsey St., New Bedford. Earlier in the year police officers received information that Pereira was dealing cocaine and pills. In July of this year the investigation led the authorities to wiretap warrants on Pereira's telephone and the phone of Michael Martin, a drug supplier. The monitored telephone conversations resulted in the issuance of arrest warrants and search warrants at various locations throughout Bristol County. Drug purchasers and dealers alike were arrested and charged as a result of this investigation. At Pereira's home police seized shotguns, handguns, and ammunition. Pereira was arrested carrying a large sum of cash and some crack cocaine. The investigation led to the seizure of over two hundred grams of cocaine, twenty four firearms, ammunition and drug paraphernalia. Once this case is billed by a grand jury Pereira will be prosecuted in the New Bedford Superior Court. The most serious charge will likely be Trafficking Over 200 Grams of Cocaine.

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Six Month Investigation Leads To Arrest Of Southeastern Massachusetts Drug Dealer, Gun And Drug Charges Issue

The strength of the district attorney's case will lie primarily in the validity of the wiretap warrant and the search warrants that were issued. Wiretaps can issue in Massachusetts only after an application and with a showing by the applicant that there is probable cause to believe that a designated offense has been, is being, or is about to be committed and that evidence of the commission of such an offense may thus be obtained or that information which will aid in the apprehension of a person who the applicant has probable cause to believe has committed, is committing, or is about to commit a designated offense may thus be obtained; and with a showing that normal investigative procedures have been tried and have failed or reasonably appear unlikely to succeed if tried. If through a Motion to Suppress a judge determines that the warrant should not have issued then all of the information obtained from the telephone conversations will be stricken and cannot be used as evidence.

Continue reading "New Bedford Massachusetts Drug Dealer, Over A Dozen Others Arrested For Cocaine Trafficking And Conspiracy" »