Massachusetts Criminal Defense Attorney Blog

According to a report in the Lawrence Eagle Tribune a couple, Nicole Callahan and Brad Barton, living on Vernon Street in Haverhill invited Robert Donovan and Daniel Barley to their home. Shortly after their arrival one of the two brandished a Firearm. They demanded money from the victims. The couple said that they did not have any money. Barton was then pistol whipped. Callahan saw a gun pointed at her. The assailants left. The police were called. Callahan provided their names and stated that both were staying at a local hotel. Haverhill police went to the hotel and located Donovan and Barley in a car. A search of the car revealed a firearm. The defendants have been charged with Possession of a Firearm, Possession of Ammunition, Armed Robbery and Assault With a Dangerous Weapon. The case is currently pending in the Haverhill District Court.

Read Article:

http://www.eagletribune.com/haverhill/x564244885/Two-men-arrested-for-armed-robbery-assault-on-Bradford-couple#

Any Massachusetts Criminal Defense Attorney reading this article will immediately sense something is illogical with the victim's story. The defendants who are staying in a local hotel were supposed to "hang out" with Barton and Callahan. They get "invited" to their home, an apartment. For no reason they pull out a gun and demand money. Why would the defendants think that these people had money to surrender? The "something else" the article refers to that the defendants "had in mind" is exactly what a good criminal lawyer will investigate to defend this case.

Continue reading "Pistol Whipping In Haverhill Massachusetts Ends With Two Being Charged With Armed Robbery, Gun Possession" »

John Coppinger is a level three Sex Offender living in southeastern Massachusetts. Two days ago he walked into a Target store in Kingston around 9:30 in the evening. According to a report in the Quincy Patriot Ledger Coppinger asked a store employee if it was okay for him to wear shorts in the store. He then took off his pants and was wearing "revealing skin-tight underpants" and walked around the store, stopping at one point in the woman's bathroom. Store security personnel escorted him out of the store to the parking lot where he was arrested by local police. Coppinger is being charged with Open and Gross Lewdness and Accosting and Annoying a Person of the Opposite Sex. The charges are pending in the Plymouth District Court. Coppinger has been convicted of Open and Gross Lewdness eleven times in the past.

Read Article:

http://www.patriotledger.com/news/cops_and_courts/x1076645165/Repeat-sex-offender-arrested-in-Kingston-sans-pants

Massachusetts Open and Gross Lewdness Defense Lawyer

Acts like this are commonly referred to as exhibitionism or flashing. In general terms this occurs when someone exposes his or her private parts in a public place. This act is performed to attract the attention of others or for sexual purposes. When it is intended to cause shock or alarm the act becomes a criminal offense in Massachusetts. Some people have a psychological condition that causes them to behave in this manner. The condition is called apodysophilia. There are no conclusive scientific theories as to what causes this behavior. Treatment for the disorder typically consists of psychotherapy and/or medications that effect hormones.

Continue reading "Convicted Massachusetts Sex Offender Charged With Open And Gross Lewdness After Walking Around Store In Underpants" »

Armed with a Search Warrant yesterday Brockton, Massachusetts Police went to 28 Bunker Avenue, the home of Kamal Smith. They arrived to find Smith in his bedroom. He had near him a handgun, ammunition and some Marijuana. During the search officers also found nearly twenty grams of crack cocaine with an estimated street value of two thousand dollars. The bags of crack were individually wrapped. It is likely that Smith will be charged with Trafficking Cocaine Over Fourteen Grams in the Plymouth County Superior Court. It is also expected that charges of Unlawful Possession of a Firearm will issue as well. Additionally, over twenty Percocet pills were found and seized. Smith faces charges of Possession With the Intent to Distribute Class C and a School Zone Violation for this.

Read Article:

http://www.enterprisenews.com/news/cops_and_courts/x1076645145/Brockton-police-seize-2-000-worth-of-crack-cocaine-in-drug-bust

Brockton Massachusetts Drug Trafficking Defense Lawyer

So what are the indicia of Trafficking here as opposed to simple possession. The prosecution will argue several factors in support of this contention. The quantity of the drugs is most significant. The district attorney will have a drug expert, probably an experienced narcotics officer who will say that the quantity of drugs exceeded what is expected for someone who consumes those substances. The individual packaging also suggests the intent to sell. The gun they will argue was used as protection from potential drug rip offs. Conversely, Smith might be able to show a large drug habit and a recent purchase of the drugs. The absence of scales, packaging materials, drug receipts and more may help cast some doubt on the allegations of distribution as well. Smith's Massachusetts Criminal Defense Attorney will investigate defenses such as this as well as likely mounting an attack on the legality of the Search.

Continue reading "Brockton Man, 30 Arrested For Cocaine Trafficking, Firearm Possession After Cops Execute Search Warrant" »

Two days ago Donald Slason of Dedham, Massachusetts was arrested. He has been charged with Possession of Child Pornography and Transportation of Child Pornography in the Massachusetts Federal District Court. No details other than the United States Attorney's press release were provided.

Read Article:

http://www.thecypresstimes.com/article/News/National_News/MASSACHUSETTS_MAN_INDICTED_ON_CHILD_PORNOGRAPHY_CHARGES/42718

Massachusetts Federal Child Pornography Defense Lawyer

18 U.S.C. §2252 and 18 U.S.C. §2252A are the primary Federal Child Pornography Statutes. Federal law takes effect when the images are transported across state lines or when the image was created with materials that were transported across state lines. People sending this material to someone in the same state might still be subject to this law if the server for the email is in another state. Mailing Child Pornography triggers the viability of this statute. It is also illegal to download Child Pornography from internet websites. Anyone convicted for transporting or distributing child pornography is subject to a five year mandatory minimum prison sentence of five years. The federal statute has certain affirmative defenses built in to it. This however is not an exhaustive list of the potential defenses that can be set forth during the trial of these charges. Many downloads come in bulk transfers made unintentionally. This can occur through emails or file share programs. People innocently searching for certain information can inadvertently access and download child porn. For instance, the website whitehouse.com used to be a website containing adult content. People who searched for this site thinking they were looking up facts about our presidents' home were innocently surprised to find out that they were looking at something other than the White House. It is critical that anyone charged with this crime immediately contact an Experienced Child Pornography Defense Lawyer.

Continue reading "Dedham Man To Face Child Pornography Charges In Massachusetts Federal Court" »

Ali Jameal McMillan was arrested on Tuesday near a high school in Lynn, Massachusetts. According to the Lynn Item various Lynn Police officers were conducting surveillance after getting anonymous complaints about suspected drug activity in a particular location. During the operation officers found many people engaged in drug dealing transactions in that area. On Tuesday officers observed an individual get out of a car, walk towards another car and get back into his car. The car drove away and was stopped. The passenger, McMillan was observed reaching for his pocket. McMillan was told to get out of the car. He was searched and found in possession of thirty grams of cocaine. He has been charged with Trafficking Cocaine. The case will be prosecuted in the Essex County Superior Court in Salem.

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Salem Superior Court Drug Trafficking Defense Lawyer

Criminal Defense Lawyers in Massachusetts deal with cases like this one on a regular basis. This case, like most drug cases implicates Search and Seizure issues. McMillan's lawyer will likely focus on the propriety of the stop of the car in which he was riding and the search of his person that followed. Stopping the car on a hunch is not permissible. Nor is the fact that the car was traveling in or just left a high crime neighborhood. An objective standard is used to see if the officer stopping the car had the requisite reasonable suspicion to justify the stop. The prosecution must show that the officer with reasonable suspicion to believe a crime had been, was being, or was about to be committed, at the time of the stop. The detail provided by the newspaper report fails to adequately meet that threshold.

Continue reading "Man Arrested In Lynn Massachusetts Found In Possession Of Over 28 Grams Of Cocaine Faces Drug Trafficking Charges" »

Shortly after 11:30 yesterday morning someone living in the area of 18th Street in Haverhill, Massachusetts became concerned when observing a couple acting suspiciously. The anonymous person called the police. Officers arrived to find Tanya Burnham and her ex-husband Brayton Burnham in a car. As the officers approached the vehicle they saw Tanya put something in her purse. Brayton put something underneath the seat. When he got out of the car something dropped a bag of Heroin. The police located syringes containing a brown liquid believed to be Heroin. Apparently the Burnhams were about to shoot up. In the back seat of the car was Tanya's four year old daughter. Both have been charged with Possession of Heroin and Child Endangerment in the Haverhill District Court. Brayton Burnham has been charged with Drug Trafficking on an unrelated matter in the Superior Court.

Read Article:

http://www.eagletribune.com/haverhill/x1332408792/Police-4-year-old-girl-watches-as-mom-uses-heroin#

Haverhill Heroin Possession Defense Lawyer

Heroin is ingested many ways. It can be snorted, smoked or in this case injected. The younger user typically starts smoking or snorting heroin. This is because many people believe that ingestion in this manner will not lead to addiction. Every study shows that this belief is wrong. Any type of ingestion of heroin can lead to addiction. Another reason it is taken in this form is that people want to avoid the label associated with intravenous drug use. Eventually however when the user becomes accustomed to the drug through snorting or smoking they graduate to injecting the substance. I have represented hundreds of heroin users in my career and one thing remains constant. Every heroin addict ultimately commits other drug related crimes; i.e. distribution, trafficking, breaking and entering or larceny to pay for the substance. Experienced Massachusetts Drug Defense Lawyers know how to defend against these charges and also how to get their clients into programs that end their addiction. Often times successful completion of those programs serves as an alternative to a jail sentence or conviction.

Continue reading "Woman About To Shoot Heroin In Front Of Four Year Old Daughter Arrested By Haverhill Cops, Charged With Possession, Child Endangerment" »

Karen Morla Ramos is from the Domincan Republic. She was flying on JetBlue and questioned at a border checkpoint. Law Enforcement officers became concerned about the candor of her responses and conducted a pat down search. They found Ramos concealing cocaine in something resembling a diaper. The amount of cocaine in her possession exceeded one thousand grams. Ramos now stands charged with Trafficking Cocaine Over Two Hundred Grams. If convicted she will have to serve a fifteen year mandatory minimum sentence. She is currently being held on ten thousand dollars cash bail.

Read Article:

http://www.eagletribune.com/local/x1332407614/Police-charge-woman-had-coke-in-diaper#

East Boston Cocaine Trafficking Defense Lawyer

Drug smuggling takes on many forms throughout Massachusetts and the entire country. An article on http://investigation.discovery.com/investigation/drug-mules/smuggling-slideshow.html discusses several methods of smuggling drugs. One involves swallowing the substance which is sealed in a balloon or condom. The smuggler or "mule" then takes laxatives to get the drug out of his or her body. This can be dangerous particularly if the balloon breaks. Sometimes drugs are smuggled in computers. Bras have been filled with drugs. Drugs have been stuffed into animals and bugs. Other people smuggle drugs through soles of shoes. Children are used to carry drugs through airports as well.

Ramos' method for cocaine smuggling is somewhat unique. It appears that her best chance for success in her defense is a challenge to the airport search. Two questions must be addressed when deciding this issue. First, was Ramos free to leave. Second, if Ramos was not free to leave, did the police have reasonable grounds for suspicion, which would put their conduct in the clear. Ramos' fight will be a tough one for her Massachusetts Criminal Defense Lawyer.

Continue reading "22 Year Old Woman Caught Smuggling Cocaine Through Boston Airport And Wearing A Diaper Charged With Trafficking More Than 1,000 Grams" »

Jason Cavooto was arrested in December of 2010 after a Search Warrant was executed at his home in Marlborough, Massachusetts. During the search the police found a methamphetamine lab in a shed on Cavooto's property. They also located a loaded Firearm in his house. It is alleged that Cavooto had been running the lab for around a year. Items associated with the manufacture of the drug were also found during the search.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x1840140179/Marlborough-meth-suspects-case-headed-to-grand-jury

Meth Labs in Massachusetts

Methamphetamine Labs in Massachusetts are extremely uncommon. The Drug Enforcement Administration (DEA) website reports that between the years of 2004 and 2010 twenty two meth labs were identified in Massachusetts. This is a relatively small number when compared to California which had one hundred seventy such labs in 2010 or Oklahoma which had two hundred nineteen the same year. Meth labs are extremely hazardous. Waste cleanup is a major undertaking once a lab has been identified and seized. Houses that are used a meth labs are often condemned and torn down. Recognizing meth labs is not easy for the average person. These labs are fond in campers, barns, sheds, houses, motel rooms and beds of pick-up trucks. They are often in residential neighborhoods. Meth labs have strong odors often mistaken for cat urine. Household products are used to make the product. These items include paint thinner, gasoline, freon, ether, drano, battery acid, cold tablets, propane cylinders, hot plates, diet aids and more. Because of its addicting quality and the environment damage associated with this drug the penalties for a conviction of Methamphetamine Crimes in Massachusetts can be very severe.

Continue reading "Massachusetts Man Likely To Be Indicted On Charges Of Running A Meth Lab" »

According to a report in the Boston Globe heroin is the most popular drug being sold on the streets north of Boston. Over four hundred fifty thousand "units" of Heroin were seized in that area last year. Cocaine was the second largest seller followed by Marijuana, Percocets and OxyContin. Heroin Dealers in Lynn, Massachusetts serve most of the Essex County while Heroin Dealers in Lawrence, Massachusetts target Maine and New Hampshire. Heroin might be the cheapest drug on the streets of Massachusetts right now. The article claims that most of the heroin is being imported from Mexico. It is often distributed by local and national gangs.

Read Article:

http://www.boston.com/news/local/articles/2011/03/20/heroin_tops_drug_use_in_lawrence_lowell_task_force_head_says/

Massachusetts Heroin Trafficking Defense Lawyer

Reports suggest that there exist at least seven, possibly eight drug cartels in Mexico. They have essentially consolidated into two rival alliances while attempting to maintain their independence as organizations. Mexico produces a very small percentage of the world's however it is a major supplier to the United States. The cartels have recently formed relationships with street gangs and prison gangs to improve and enlarge their trafficking networks. The cartel control over their activities in Mexico has been increased through intimidating and corrupting their law enforcement officials. There is some suggestion that the demise of Colombian Cocaine cartels over ten years ago has contributed to the rise in Mexican drug trafficking activities.

Continue reading "Heroin Top Selling Drug On Massachusetts North Shore, Merrimack Valley " »

Brian Addeo Was convicted in April of 2010 for a variety of Sex Crimes in Massachusetts. According to reports, Addeo pleaded guilty to Unnatural Rape of a Child, Rape of a Child, Indecent Assault and Battery, Kidnapping and Aggravated Rape in the Worcester Superior Court. Addeo, who had already served five years at the time of the plea was sentenced to six years in jail. Once released from custody he was placed on lifetime parole and ordered to wear a GPS device. On March 11, 2011 Addeo removed the GPS monitor and fled Massachusetts for Maine. Now he will likely face a parole violation that could result in a life jail sentence.

Read Article:

http://www.milforddailynews.com/highlight/x1840139915/Rapist-suspected-of-taking-off-monitor-still-held-in-Maine

Lifetime Parole in Massachusetts

Massachusetts General Laws Chapter 275 Section 18 sets out the law for Lifetime Community Parole in Massachusetts. In a nutshell, the law states that anyone convicted of certain designated Sex Offenses in Massachusetts may be subject to community parole supervision for life. The law affords the defendant the right to a hearing. The hearing can be requested by the district attorney after conviction and before sentencing. The law also permits the defendant in certain circumstances to request a hearing, again after conviction and before sentencing. The standard for imposing lifetime community parole is proof by clear and convincing evidence. This law was tempered in part in 2005 after the Supreme Judicial Court's holding in Commonwealth v. Pagan. There, the Court held that this law was unconstitutional as applied to first time offenders. The Court went further to state that any second and subsequent offenses must be charged as such before lifetime community parole can be imposed.

Continue reading "Massachusetts Man Convicted Of Rape Held In Maine Awaiting Rendition For Parole Violation" »

Thomas Donahue of Ayer, Massachusetts is a level three sex offender. He now stands accused of making videos of naked boys on the internet. Agents went to arrest him at his home the other day unsuccessfully. It is believed that Donahue is now on the run. Donahue has been under investigation since he sent Child Pornography to an undercover officer in Canada back in October of 2008. Suspicions were corroborated when a Colorado man was found with Child Porn on his computer. The man cooperated with Federal Agents and Donahue was caught sharing files with this man's computer. According to reports Donahue convinced boys between the ages of ten and sixteen to take off their clothes and perform sex acts while being filmed with a webcam. Eventually Donahue's computer was seized. On it authorities found thousands of images and videos the majority of which contained Child Pornography. Donahue has a prior Sex Crimes conviction.

Read Article:

http://www.nashobapublishing.com/ayer_news/ci_17591654#

All states have Child Pornography statutes as does the Federal Government. One of the most encompassing federal statutes dealing with this crime is 18 USC § 2251. As applicable to this case the statute make it a crime for anyone to use a child for visual depiction in sexually explicit conduct. A conviction for a violation of this law subjects the accused to up to thirty years in prison. For someone with a prior conviction such as Donahue it is likely that if convicted his sentence will be extremely high.

Continue reading "Feds Say That Ayer Man On The Run Made Child Porn Videos" »

Just under a month ago police from Lawrence and Methuen Massachusetts along with the FBI started an investigation after an FBI informant made a significant disclosure to authorities. Supposedly, Tony Diaz was offering free drugs to the informant. In return Diaz expected the man to kill someone who had been skimming drugs. With this information meetings with this informant and another were held with Diaz and under police monitoring. It is alleged that during these meetings Diaz gave the informants Cocaine and Heroin. Diaz told the informants that the target had stolen over one hundred grams. It is further alleged that during the final meeting Diaz gave the informant a loaded .38 caliber revolver with instructions to shoot the target in the face. Diaz denied the allegations during a post-arrest interrogation. He has been charged in the Federal District Court for the District of Massachusetts.

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http://www.eagletribune.com/local/x740871448/FBI-arrests-Lawrence-man-in-murder-for-hire-scheme#

Massachusetts Federal Criminal Defense Lawyer

The crime of murder-for-hire in federal court is codified under 18 U.S.C. §1958. The law states that anyone who uses interstate facilities with the intent to commit a murder for money or other compensation shall be punished. The prosecution must prove that the defendant used or caused someone else to use the interstate facility (here the use of cell phones) with the intent that the murder be committed. In a case like this the informants will have to testify unless the conversations were recorded. It would be interesting to hear exactly is on those recordings particularly where Diaz denied the murder-for-hire charge but admitted to Drug Distribution and Possession of the Firearm.

Continue reading "Feds Foil Drug Related Murder For Hire Plot, Lawrence Massachusetts Drug Dealer Charged" »

Members of the Seekonk, Massachusetts Police Department executed a Search Warrant at 79 Back Street last Thursday. As a result, five people were arrested and charged with various Drug Offenses. Specifically, according to EastBayRI.com charges of Possession With Intent to Distribute Class D and Conspiracy to Violate the Controlled Substances Laws were filed in the Taunton District Court. Another source claims that the issuance of the Search Warrant came on the heels of a two month investigation. A third source states that one of the accused is charged with Possession of Crack Cocaine, others with Distribution of Marijuana. In all twenty two bags of marijuana were found during the search of the home.

Read Articles:

http://www.wpri.com/dpp/news/local_news/5-people-charged-in-seekonk-drug-case

http://www.tauntongazette.com/archive/x868520198/Five-arrested-in-pot-bust-in-Seekonk#ixzz1G849ZuX6

Boston Marijuana Cultivation Lawyer

In these articles there is little information about how the police knew that marijuana was being grown in this home. From the charges that issued it appears that at least one of the defendants sold to an informant or an undercover police officer. There are however other ways to detect houses where marijuana is grown. Unusually high electric bills are often an indicator. Grow lights use a tremendous amount of electricity. Windows covered with dark plastic or heavy curtains sometimes indicate illicit activity. Condensation on windows is associated with marijuana cultivation. The humming of grow lights or rooms lighted twenty four hours per day might also signify the presence of this activity. There are of course innocent explanations that might account for the existence of these factors thereby making it extremely important that anyone charged with a Crime in Massachusetts contact an Experienced Massachusetts Criminal Defense Lawyer.

Continue reading "5 Southeastern Massachusetts Men Arrested On Drug Charges After Execution Of Search Warrant In Seekonk" »

Late last week a Massachusetts State Police Officer was on patrol on Route 138 in Raynham. At around 1:00 p.m. he observed a car following a pick up truck too closely, a violation of 720 Code of Massachusetts Regulation (CMR) 9.06(7). The trooper stopped the car and immediately smelled marijuana. He then saw a plastic bag containing marijuana in the center console. The passenger, Alexander Torres, eighteen from Brockton was asked what was in the bag. Torres responded that the drugs were his. There were five passengers in the car. One of them appeared to be shaking. All of them were ordered out of the car. The car was searched. The officer found several more bags of marijuana. Underneath the passenger seat the trooper found a loaded firearm. Torres accepted responsibility for the gun as well. The driver was cited for the Motor Vehicle Violation. Torres has been charged with Possession of a Firearm and Possession of Marijuana.

Read Article:

http://www.enterprisenews.com/news/cops_and_courts/x1073915927/Brockton-man-arrested-on-gun-drug-charges-after-traffic-stop#axzz1FvJHyFQc

In the past I have commented that Possession of Marijuana in Massachusetts is not a crime if the amount possessed is less than an ounce. It follows that stopping a car and finding marijuana in the car does not automatically give law enforcement the right to conduct a Search of the car. The constitutional protections associated with Searches and Seizures in my opinion strengthen in these situations. In the past in certain instances the police would have been warranted to search when they observed marijuana in plain view after making a lawful motor vehicle stop. That all changed with the decriminalization of small quantities of marijuana. There must now be more to justify a search after making such a cursory observation. The article does not convince me that this search was permissible. Torres might have a shot at suppressing the evidence seized if his Massachusetts Criminal Drug Crimes Defense Lawyer can argue an Unlawful Search and Seizure occurred.

Continue reading "Routine Traffic Stop Results In Gun, Drug Charges For Brockton Man, 18" »

Massachusetts Rule of Criminal Procedure 7(a)(2) allows a defendant who has been summonsed for arraignment and who has retained a lawyer to be excused from appearing at his or her arraignment. To avail oneself of this rule the attorney must enter an appearance prior to the return date and state in that appearance that this matter has been discussed with the defendant and that the case be scheduled for pretrial or some other proceeding. The rule applies to misdemeanors and felonies alike. There is a proposal pending that would eliminate the process altogether and require the presence of all defendants at arraignment.

Proponents of the amendment to the rule state that a defendant's absence from arraignment creates certain safety concerns. For example, a defendant cannot receive a bail revocation warning or an order to stay away from a victim. Nor for that matter would the defendant be present for the setting of conditions of bail. Advocates of the "new rule" ignore some critical points. The current version of the rule works. It contemplates the attorney telling his client when to return to court. Consistent with this obligation the judge at arraignment could simply order the attorney to advise the defendant of any bail conditions, stay orders or bail revocation warnings should any of these circumstances present themselves.

As a Massachusetts Criminal Defense Lawyer who represents countless people living out of state I find the Rule 7(a)(2) necessary. We get calls from clients summonsed for Assault and Battery Cases, Motor Vehicle Crimes, Drug Crimes and more who are often unable to get to court on short notice for an arraignment. Many of these clients were unaware that criminal process was going to issue particularly in instances where the police were not involved. Rule 7(a)(2) enables us to go into court for our clients, have them arraigned in absentia and schedule a date convenient for a resolution of their case. This also gives us time to educate the district attorney about the nature of the allegations and negotiate a resolution with minimal court appearances.

Continue reading "How Much Longer Will Rule Of Criminal Procedure 7(a)(2) Last In Massachusetts" »