Massachusetts Criminal Defense Attorney Blog

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.

Read Article:

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.

Read Article:

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 " »

Can you imagine being only twenty three years old, being held in a jail on seventy five thousand dollars and facing a minimum mandatory fifteen year state prison sentence. That is exactly the predicament Roger Jones of Manchester, New Hampshire is in right now. According to an article in today's Lynn Item, Jones was arrested for Trafficking OxyCodone. The estimated value of the drugs seized is about sixty thousand dollars. Apparently, in January a post office official became suspicious of a package addressed to someone in Lynn, Massachusetts. Law enforcement got involved. They opened the package and found about two thousand OxyCodone pills in a cotton candy machine. The package was subsequently delivered to the Lynn address. The recipient worked with police and contacted the person who was ultimately to receive the drugs. This was Chrystalina Cruz of Salem, Massachusetts. Cruz and Jones went to the Lynn address to accept the package. Both were arrested. Cruz was released on ten thousand dollars cash bail.

Read Article:

Essex County OxyContin Trafficking Defense Attorney

One of the things this article fails to address is why it took months to get Jones into court for his arraignment. It appears that the police arrested him in January, near the time that the postal inspector first became suspicious of the package. Why then wait until now to get Jones arraigned. Moreover, it strikes me that the bail is somewhat high right now. The article makes no mention of a prior criminal history, or Jones being a danger to the community or the risk that Jones will flee the jurisdiction in an attempt to evade prosecution.

Substantively I have several questions about the viability of this prosecution. What information did the police have regarding Jones at the time of the arrest? Did they simply see him appear with Cruz or did they have conversations with him suggesting that he was arriving to get the drugs? Was the woman in Lynn able to provide incriminating information pertaining to Jones or only about Cruz? Did Jones take possession of the drugs prior to his arrest or was he arrested at the time he got to the home in Lynn? A Massachusetts OxyCodone Trafficking Defense Lawyer would need the answers to these questions in preparing to defend Cruz. Keep in mind, absent any affirmative evidence that Jones intended to possess OxyCodone with the intent to distribute the drugs there is no viable trafficking case against him. Similarly, absent an agreement between Jones, Cruz and or the woman at the home in Lynn any Conspiracy indictment against Jones would be weak. Cruz too may have defenses to this case. It is clears that the unnamed woman in Lynn was involved with the trafficking operation. When pressed, she blamed Cruz and said in so many words that Cruz made her do it. She called Cruz to come over to her home. However absent some evidence that Cruz went over there to access the drugs or evidence showing that Cruz even knew that drugs had been sent there it might be difficult to successfully prosecute her.

Continue reading "OxyCodone Trafficking Charges Issue Out Of Lynn Court, Man, 23 Held On High Bail" »

Yesterday a Framingham, Massachusetts man was arraigned in the Middlesex County Superior Court after having been charged with Possession of Child Pornography and Distribution of Child Pornography. The defendant, Thomas Hannover was released on his own recognizance. The Metrowest Daily News article did not provide details of the allegations stating only that the charges followed a two year investigation and that Hannover possessed fifty five files that could be shared peer to peer. A condition of Hannover's release is that he stay away from children under the age of sixteen.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x1757338943/Framingham-man-arraigned-on-child-porn-charges

Massachusetts Child Pornography Possession/Distribution Defense Lawyer

Child Pornography Possession and Distribution are types of Internet Crimes. There are lots and lots of people who access Child Pornography on the internet and have absolutely no idea that their actions constitute "distribution". Now you are probably asking "how can that be?" The answer is easy. File sharing constitutes distribution for the purpose of Child Pornography Laws in Massachusetts. File sharing is the act of enabling access or distributing information that is stored digitally. You might remember Napster or Kazaa when they first came out. All you had to do was sign up and you could immediately search for, access and download music files for any artist for free. What you might now have known what that once these files were loaded people could access them from you computer and download them for their own use or actively distribute the songs. Well, even though you never openly said "come in and help yourself to my music" the act of joining up and using these programs constituted an act of distribution. The same applies here. If Hannover was using these programs so that he could possess the materials for himself, he was also permitting others to get into his files so that they too could view or download the Child Porn. District Attorneys in Massachusetts treat this as distribution, felony.

File sharing activities are being regulated by many governments throughout the world. This has been done to curb the erosion of certain areas of the entertainment industry, particularly the music industry. In many instances lawsuits were filed against people hosting peer to peer file sharing websites. On the criminal side prosecutors and law enforcement officials try to monitor these websites and prosecute people they believe to be exploiting children through these activities. Literally millions of Americans use peer to peer software. Sometimes downloading activities are done innocently or accidentally. Nevertheless, if caught these people are likely to face criminal charges making it imperative that they hire an Experienced Massachusetts Child Pornography Defense Lawyer.

Continue reading "Framingham Man, 55, Charged Facing Child Pornography Charges In Woburn Superior Court" »

According to at least one person Kimberly Pietrini and Hassan Wilkes were on vacation and staying at a Framingham, Massachusetts motel. Why Wilkes was at a Dunkin Donuts near the motel Pietrini met with a man who responded to her backpage.com advertisement. The man met Pietrini at the motel. He assured her that he was not a cop. A fee arrangement was made and Pietrini told the man to place his money on a night table and take his clothes off. Unbeknownst to Pietrini, the man was an undercover police officer. She was arrested and charged with Prostitution. At the same time, Pietrini was getting texted by Wilkes. Police found him at the nearby donut establishment. Wilkes denied knowing that Pietrini was working at the time. He did acknowledge that she works as a prostitute. Wilkes was charged with Conspiracy to Commit Prostitution and Deriving Support from a Prostitute. The charges are pending in the Framingham District Court. Pietrini pleaded guilty at her arraignment. She was fined two hundred fifty dollars.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x242155823/Two-arrested-on-prostitution-charges-in-Framingham

Depending on the accuracy and completeness of this article Wilkes might want to fight these charges. Deriving support from prostitution in Massachusetts is a violation of Massachusetts General Laws Chapter 272 Section 7. The crime is a felony and carries a state prison sentence if the district attorney indicts the case and prosecutes the charges in the superior court. To convict Wilkes the prosecution must prove the following beyond a reasonable doubt:

• That Pietrini engaged sex for a fee

• That Wilkes knew that she did so

• That Wilkes shared in her earnings from that act.

By all accounts Wilkes is guilty of no more than knowing that Pietrini was a prostitute. The prosecution can probably not even show that he knew that she was engaging in such an act while he was out of the room. As a Massachusetts Prostitution Defense Lawyer I am interested in knowing what the text messages from Wilkes to Pietrini said. If nothing inculpatory was texted that in all probably Pietrini would have to testify against him and it is highly unlikely that she would do so. Cases like this often go to trial and get dismissed on a motion for a required finding. Motions to dismiss can be filed and argued, and on occasion these can be successful in the district court. This is an alternative to trial and a good way to rid the court system of cases that have no viability. This tactic requires the right set of facts, the right judge and a defense lawyer who knows and is able to argue the law. It is abundantly clear why Wilkes chose to plead not guilty at his arraignment as opposed to Pietrini.

Continue reading "Prostitute Pleads Guilty At Arraignment In Framingham, Pimp Denies Claim He Derived Money From Prostitute" »

Over the course of a month-long drug investigation undercover state police officers purchased heroin on four occasions from Lawrence, Massachusetts resident Jonathan Castro. The buys occurred on two separate days in May and two in June, the latest being this past Tuesday. It is alleged that during the last transaction Castro sold somewhere around twenty grams of heroin to an undercover officer. Castro was in a car being driven by Jose Ventura of Methuen, Massachusetts. Officers made a connection between Castro and an apartment on Dracut Street as well. Castro had the keys to the apartment in his possession at the time of his arrest. Officers went to the apartment and using the key gained entry to the premises. They found Jhon Ramos, also of Lawrence, inside the apartment. Officers claim that Ramon permitted the search and signed a consent form. The apartment contained over twenty eight grams of heroin, a scale, cash and related drug distribution paraphernalia. All three suspects were charged with Trafficking Heroin, Over Twenty Eight Grams and Conspiracy to Violate the Drug Laws. Castro and Ramos were also charged with a School Zone Violation. All of these defendants will be prosecuted in the Essex County Superior Court in Salem.

Read Article:

http://www.eagletribune.com/local/x177904619/Three-arrested-on-drug-trafficking-charges

Just yesterday I blogged on joint venture in Massachusetts and its applicability to people who are simply present at a crime scene. Today's post presents a very different view of that legal theory. While the article does not clearly indicate Ventura's involvement in the crimes it does suggest inferentially that he was present with the purpose of facilitating Castro's efforts to sell heroin. If that is the situation, and the prosecution can establish facts that support Ventura's active involvement in the distribution efforts his defense becomes more complicated. Certainly there may be innocent reasons why he was with Castro and perhaps his presence had nothing to do with drug distribution. In that case Ventura's Massachusetts Drug Trafficking Defense Attorney will defend this case on the theory that there lacks sufficient evidence to support a prosecution. This can be done prior to trial or at trial depending on the facts particular to this case and the attorney's defense strategy. The defense for Castro will likely be different. In the case of hand to hand sales entrapment is the typical defense. Ramos' defense might hinge on the voluntariness of his consent and the extent of his involvement with the items found at the apartment, if any. All of these gentlemen have a battle in front of them that requires the skill and commitment of an Experienced Massachusetts Heroin Trafficking Lawyer.

Continue reading "Lengthy Massachusetts Drug Trafficking Investigation Culminates With Arrests Of Two Lawrence Men, Methuen Man" »

Christopher Nikas is being held following an arrest for his involvement in a stabbing incident. Authorities allege that on June 5, 2011 a stabbing occurred across from the public library in Newburyport. The person accused of doing the stabbing is Joseph Poaletta who was recently arrested for this case in Lynn, Massachusetts and arraigned two days ago. The fight was supposed to be between Nikas and Robert West and a location for the conflict was set. However, just prior to the arranged altercation Poaletta brandished a knife and threatened to use it on anyone who might interfere with the fight. One of West's cohorts, Damian Dobson confronted Poaletta and told him that he was "not going to stick anyone". Poaletta responded by stabbing Dobson one time in the stomach. Reports state that West and Dobson are members of a local street gang with Salisbury connections. Nikas has been charged with Accessory After the Fact, Armed Assault With the Intent to Murder and Assault and Battery by Means of a Dangerous Weapon. Both Nikas and Poaletta have criminal records and have served time. The case is pending in the Newburyport District Court. This case might be prosecuted in the Salem Superior Court.

Read Article:

http://www.newburyportnews.com/local/x177902892/Another-stabbing-suspect-arrested

Based on this article it is unlikely that Nikas will be convicted for the stabbing of Dobson. Poaletta is the principle in this case. Nikas' cannot be held accountable for his actions unless the prosecution proves beyond a reasonable doubt that Nikas was a joint venturer in these acts. To prove joint venture in this case the district attorney needs to convince a jury that Nikas intended the stabbing and that he acted in some extent in support of the stabbing effort. Both of these elements appear to be missing here. Nikas intended to fight West and vice versa. Poaletta's threat with the knife was not something that Nikas had in mind nor was the actual stabbing of Dobson an act in which he participated. Additionally, there is nothing mentioned to suggest that Nikas did anything to support Poaletta's act of stabbing Dobson. Any thorough Massachusetts Criminal Defense Attorney will obviously investigate these allegations but if the Newburyport News article is factually accurate Nikas may very well be acquitted of these charges. I am curious to know what West and Dobson have said to the police, if anything, relative to Nikas' involvement in the stabbing. Along those lines, West might not be cooperative with the prosecution. His altercation with Nikas might rise to the level of criminal activity thereby giving him a privilege against self-incrimination. Given his gang involvement he may very well invoke this privilege.

Continue reading "Amesbury Man, Suspect In Stabbing, Arraigned On Felony Charges In The Newburyport District Court" »

Brian Racine is forty six years old. He is registered under Massachusetts law as a level three Sex Offender. He is now in the fight of his life, fighting allegations that he committed Indecent Assault and Battery on a Child Under the Age of 14, a Second or Subsequent Offense on several occasions back in 2008. The Lowell Sun has been reporting the trial. The victim, who was eight years old at the time of the alleged incident apparently testified that Racine put his hand in the boys' pants and moved his private parts. The two were watching a cartoon and the boy was sitting on Racine's lap. According to the prosecution the boy and his family were staying with Racine while looking for their own place to live. Within a couple of weeks the abuse started. The boy said nothing for a couple of days. Then, when his family left Racine's home the disclosure was made to his mother. Racine has been convicted on two other occasions of Sex Crimes. He was convicted in 1983 for an undisclosed offense. In 2003 he was convicted of Possession of Child Pornography if Federal Court. For that conviction he was sentenced to forty one months. Racine also faces prosecution for a 2009 case wherein he is accused of committing Rape of a Child with Force, Indecent Assault and Battery on a Child Under the Age of Fourteen, Second or Subsequent Offense and Assault With the Intent to Commit Rape. The current case is being prosecuted in the Middlesex Superior Court in Woburn.

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Woburn Massachusetts Child Rape Defense Lawyer

In 2005, in response to a horrific crime, the state of Florida enacted a law that became known nationally as Jessica's Law. Jessica Lunsford was a nine year old who was killed by a sexual deviant who had been convicted of sex crimes against a child in the past. The law required lengthy minimum mandatory sentences for people who had been convicted of committing Child Sex Crimes. A bill similar to the Florida law was introduced to Congress but it never passed. That did not stop over forty states from adopting a similar law. The Massachusetts version is what Racine is being prosecuted under. The law in Massachusetts went into effect in 2008. The version of the law that Racine is defending against is codified in G.L. c. 265 §13B ¾. That section makes a conviction for this offense punishable by a minimum mandatory fifteen years in state prison. The prior Sex Crime Conviction enhances the sentence. In this case the outcome is simple. If the jury believes the victim, who is now eleven, Racine will serve at least fifteen years in prison. He could face up to life in prison. With a record like his and with a pending similar offense, no sentence would come as a surprise to a Massachusetts Sex Crimes Defense Lawyer.

Continue reading "Trial Of Level 3 Massachusetts Sex Offender Begins, First In Massachusetts Under Jessica's Law" »

If today's Lawrence Eagle Tribune story is true sixty seven year old Robert Levesque appears to be in a great deal of trouble. The Haverhill native is being charged with Rape of A Child and has been indicted by an Essex County Grand Jury. Levesque's case will move from Haverhill to the Essex County Superior Court in Salem where he will be prosecuted. Apparently, on March 16, 2011, accompanied by his wife Levesque entered the Haverhill police station. There, he admitted to having sex with a girl under the age of sixteen. The act occurred over a one year period and consisted of several incidents of abuse. A judge set Levesque's bail at ten thousand dollars.

Read Article:

http://www.eagletribune.com/haverhill/x1315241161/Man-67-indicted-on-child-rape-charge

Salem, Massachusetts Child Rape Defense Attorney

Several times each week I get calls from clients telling me that they received a call from a police officer and that they were asked to go down to the station "to answer a few questions". When they ask me if they should go down to speak with someone my advice is always NO! I have never seen someone talk himself out of a criminal charge. However, on countless occasions people who have visited the police station for questioning find themselves arrested and charged with a crime shortly thereafter. Some of these people never even get to leave the station. They get arrested on the spot. More unfortunate is that the large majority of these folks would not even be charged with crime had they called a Massachusetts Criminal Defense Attorney and taken some simple advice: Do not talk to anyone other than your lawyer. Our constitution provides everyone with an absolute right against self-incrimination. You are under no obligation to answer questions asked by law enforcement personnel. More importantly however is the fact that your silence cannot be used against you in any way. Even at trial the police are not permitted to tell a jury that they asked you to come in to speak with them and that you refused. Whenever you are in doubt about your rights you should contact a lawyer. I am not saying that Levesque would not have been charged had he kept his mouth shut. Yet by admitting to having committed this crime he has made his defense much more difficult. There is nothing more damaging than an admission to a crime. Hopefully his lawyer will be able to somehow get his confession tossed. If not, at age sixty seven whatever sentence he gets after a conviction will likely seem like a life sentence.

Continue reading "67 Year Old Haverhill Man Indicted For Rape Of A Child To Be Arraigned In Salem Superior Court" »

Two nights ago Guarionex Pratts of North Andover, Massachusetts was arrested at his apartment by North Andover Police and DEA agents. Apparently a call to the DEA Tipline alerted authorities to the existence of Drug Dealing Activities at the apartment. The tip stemmed from neighbors concerns about an odor suggestive of drug activities in the building. The Lawrence Eagle Tribune is reporting that Pratts consented to a search of his apartment. During the Search officers found hundreds of Oxycodone pills, a significant sum of cash and over two pounds of Heroin. Packaging products or Drug Paraphernalia was also found and seized during the search. The smell that alarmed the neighbors was determined to come from cutting agents used to dilute the drugs being that were being packaged for street level sales. The heroin was valued at around one hundred fifty thousand dollars. Pratts has been charged with Trafficking Heroin and Trafficking Oxycodone. There is a mandatory minimum fifteen year sentence for a conviction of the Heroin Trafficking Offense. Pratts, who is thirty two years old, is believed to be supplying Drug Dealers in Lawrence, Massachusetts. If the Massachusetts state courts retain jurisdiction of the case it will likely be prosecuted in the Essex County Superior Court in Salem.

Read Article:

http://www.eagletribune.com/local/x1517687098/Accused-heroin-dealer-arrested-at-Royal-Crest-apartments

As a Massachusetts Criminal Attorney who has handled hundreds of drug cases in Essex County something immediately hits me when I read this article. Did Pratts really consent to the search of his apartment? The sheer quantity of drugs found suggests that whoever was responsible for these substances was not a novice. He or she had extensive experience in the Massachusetts drug underworld. Anyone with this level of familiarity with the drug trade would not simply consent to the search of his apartment. They would say no to the request to search. Massachusetts laws require a valid search warrant to justify a search of someone's property. There are exceptions to the warrant requirement. Consent is one of those exceptions. Large scale drugs dealers however never consent. This leads me to conclude that there was no consent or the consent was coerced. In either case a Motion to Suppress the search will likely be filed to try to get the searched declared unconstitutional. If there truly was consent to the search this fact will have some significance for Pratts as well. It will be argued that no one is likely to consent to a search under these circumstances unless he or she had absolutely no involvement with the underlying Drug Distribution Activities. Pratts legal road is a long one. This makes his decision to hire the right lawyer to defend him one of the most important of his life. He must start an aggressive defense right away.

Continue reading "Man Accused Of Supplying Lawrence Massachusetts Drug Dealers With Class A And Class B Substances Arrested At Local Apartment Complex" »

In a somewhat rare move local authorities have charged Dilip, Navin and Ashok Patel, owners of a local Days Inn with a criminal complaint that they permitted immoral conduct at their Methuen, Massachusetts hotel. According to a report in the Lawrence Eagle Tribune the hotel has been catering to drug usage, permitting minors to drink alcohol and for Prostitution. For nearly a four month period the Methuen Police have filed about twenty complaints at the hotel against various people. Efforts of the authorities to meet with the Patels have been fruitless according to the report. The Methuen police chief went so far as to say that the motel owners will not meet with the police. Here is a summary of some of the incidents alleged to have occurred at the motel recently:

• An underage drinking party in February wherein nine people under the age of twenty one were summonsed into court for a criminal application

• A March prostitution sting following complaints from restaurant customers in the motel. The customers were offered sex for a fee. Investigating the complaint officers set up an undercover operation. They met with two women who offered their sexual services. Both were arrested. During the arrest Cocaine was found in their possession. Criminal charges followed. There is a suggestion that a backpage.com operation has been run out of that establishment

• A baby was delivered at the hotel in a room in April and found dead in the room

• An investigation at the motel disclosed that an individual was using the establishment to Derive Support from a Prostitute (Pimping). The pimp was allegedly Distributing Class E substances as well

• There have been thefts from the bar at the hotel

• There have been fight in the bar resulting in Assault and Battery charges issuing

• There have been arrests made in the motel parking lot for Drug Distribution

• There have been charges of Domestic Assault and Battery filed as a result of incidents at the motel

• There was a death resulting from a drug overdose at the hotel

Read Article:

http://www.eagletribune.com/local/x1517686290/Police-Methuen-hotel-a-hotbed-for-criminals

It appears that the district attorney will prosecute this case under Massachusetts General Laws Chapter 140 Section 26. That law permits the prosecution of anyone who knowingly permits his motel to be used for "immoral solicitation" or "immoral conduct". A conviction for this charge can result in a one year jail sentence. This crime is a misdemeanor. The defendants' Massachusetts Criminal Lawyer will likely defend this case by arguing that the defendants did not know what was going on in their motel and that they never permitted that type of conduct. This case will be difficult for the prosecution to win. The fact that the defendants refused to cooperate in the investigation cannot be used as evidence of their intent. It cannot be used as evidence at all. Attributing knowledge to the owners might also be difficult if they were rarely on the premises. This article suggests that the motel was managed by someone other than the owners. That suggests that they had no idea what was happening when these incidents allegedly took place. Getting a conviction for these charges will be difficult if not impossible.

Continue reading "Criminal Complaint Issues Against Methuen Massachusetts Hotel Owners For "Permitting Immoral Conduct"" »

This past Sunday Tammy Ward was arrested when a security guard at a Salem department store saw her take a pocketbook out of a shopping cart. The victim is a sixty six year old woman from Peabody. Ward, was a familiar face to the security officer. He had seen her in the store in the past and believed that she was involved in some Shoplifting incidents. Once arrested Ward was charged with Larceny From a Person 65 or Older. The complaint issued in the Salem District Court. While it was being prepared, the Salem police prosecutor and the Danvers police prosecutor were involved in normal discourse about their cases. Hearing the facts of this case the Danvers prosecutor became interested in Ward, especially where a similar incident had taken place a few days earlier in Danvers. In that case a seventy year old woman had her pocketbook stolen from her shopping cart. The officer quickly compared a booking photo of Ward to a surveillance video photo. Concluding it was the same person another complaint was issued against Ward. Bail was set in the amount of two thousand dollars. Ward is also facing a Probation Violation Hearing as a result of these new cases.

Read Article:

http://www.salemnews.com/local/x962125874/Woman-accused-of-stealing-purses-from-2-shoppers

Massachusetts General Laws Chapter 266 Section 25 states that anyone who steals (commits larceny) from a person who is sixty five years old or older is guilty of a felony. The punishment for a conviction of this offense can be as much as five years in state prison. Anyone convicted of second or subsequent offense of Larceny From the Person must serve at least two years in jail. This law is designed to protect the elderly and to deter predators from victimizing older people. In this case, the Peabody woman never knew that her pocketbook was missing and it is likely that without the observations of the security officer this crime would not be solved.

Each year about two million elderly people become crime victims. They are most often victimized by strangers, however caretakers and family at times play a role in their victimization. The elderly are more apt to get hurt than are younger persons. Many Massachusetts district attorneys offices have prosecutors dedicated to exclusively prosecuting crimes involving elderly victims. The sentences for convictions of these crimes is often harsh and is reflective of society's intolerance for victimizing people less capable of defending themselves. This is why having an Experienced Massachusetts Criminal Defense Attorney is critical if you are in the position that Ward now finds herself in.

Continue reading "Massachusetts Woman Arrested, Charged With Stealing Pocketbooks From Elderly While They Shopped" »

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

Read Article:

Massachusetts Prostitution Defense Attorney

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

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

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

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

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

Dedham Drug Crimes Defense Attorney

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

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

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Boston Rape Defense Lawyer

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

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