Massachusetts Criminal Defense Attorney Blog

Boston Woman Charged With Arson In Lynn Indicted

Mon, 08 Feb 2010 11:02:01 -0500

Mia Richburg of Boston has been charged with Arson stemming from a fire set to 263 Essex Street in Lynn, Massachusetts this past fall. It is alleged that Richburg called Ernest Taylor, her son's father on September 16, 2009 and learned that he was at work. She and a friend then drove to Lynn and broke into the home. Once inside Richburg lit the bedroom on fire. Richburg was also charged with Breaking and Entering in the Daytime with the Intent to Commit a Felony.

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Massachusetts Woman Facing Arson Charges In Essex County

Arson in Massachusetts

Massachusetts General Laws Chapter 266 Section 1 states that anyone who "wilfully and maliciously" sets fire to a home is guilty of Arson. The crime is a felony. It is punishable by up to twenty years on state prison and a fine of up to ten thousand dollars. This article suggests that Richburg's friend provided law enforcement with the information needed to secure an indictment. The article also suggests that Richburg had some form of motive for committing the crime, something that works to her detriment if this case goes to trial. The fact that this case indicted to the Superior Court rather than prosecuted in the district court gives a strong indication that the prosecution is looking for some sort of jail time for this defendant. This case seems like the type of case that a Massachusetts Arson Defense Lawyer might look to plea bargain. Where there is no minimum mandatory sentence the judge will have great discretion in imposing a sentence.

Lynn Man Charged With Trafficking Cocaine, Receiving Stolen Motor Vehicle Held On Bail

Thu, 04 Feb 2010 14:38:20 -0500

Jamald Harrold is facing charges in the Essex County Superior Court in Salem, Massachusetts for Assault With a Dangerous Weapon, Trafficking Cocaine, Receiving a Stolen Motor Vehicle and a School Zone Violation. The case stems from a December 22, 2009 incident where Harrold got into a confrontation with his former girlfriend's brother. It is alleged that Harrold pulled a knife on the man who in turn armed himself with a baseball bat. Police were called. When they arrived they observed the defendant in a motor vehicle that had been reported stolen a few days earlier. Inside the car the police found over twenty eight grams of cocaine.

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Lynn, Massachusetts Man Looking At 7 Years Mandatory For Dealing Cocaine

Trafficking Cocaine in Massachusetts

The sentence for Cocaine Trafficking in Massachusetts rests primarily on the quantity of the substance that was sold or intended for sale. Over 28 grams mandates a five year state prison sentence. Add another two years to that conviction due to the school zone violation. The defenses to this case likely involve the ability of the prosecution to convince a jury beyond a reasonable doubt that Harrold knew that the drugs were in the car. Keep in mind that Harrold was charged with Receiving a Stolen Motor Vehicle, not Larceny of a Motor Vehicle. Implicit in this is the fact that he did not steal the car. It is also conceivable that whoever he borrowed the car from took never let him know that the car was stolen. Similarly, it is not inconceivable that that person was responsible for the drugs in the car, not Harrold.

Woman Living In Framingham Charged With Prostitution After Cop Responds To Advertisement For Massage Services

Tue, 02 Feb 2010 07:28:44 -0500

On Saturday Min Deng was arrested and charged with Prostitution after Framingham, Massachusetts police responded to an advertisement on "craigslist" for "adult services". A Framingham police sergeant who was searching the website found a listing for the services. He responded and met with Deng at her apartment. Deng offered Sex for a Fee after which she was arrested. Deng's arraignment is set for February 17, 2010 in the Framingham District Court.

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Prostitution Charges For Woman Offering Massages Out Of Framingham Apartment

Prostitution in Massachusetts

Massachusetts General Laws Chapter 272 Section 53A makes Prostitution in Massachusetts a misdemeanor, punishable by up to one year in the house of correction. Massachusetts Criminal Lawyers with experience defending prostitution cases can usually get charges for first time offenders dismissed with court costs or continued without a finding. In this case it is interesting that Deng could not be arraigned because there was no Mandarin interpreter to translate the proceedings yet the officer investigating the case contends that she negotiated specific sex acts for certain fees. How did he know what she was saying given that she was offering massage services and a massage table was set up in the apartment. I am sure that Deng's lawyer will explore this issue in mounting a defense. Absent a lengthy criminal record I would not be surprised to see this case resolved favorably for the defendant.

DNA Evidence Leads Police To Suspect In Unsolved Breaking And Entering Cases

Mon, 01 Feb 2010 07:37:42 -0500

About a year and a half ago police in Pepperel were called for a report of a Motor Vehicle Break-In. The 911 caller gave police a descrption of the subject who fled prior to the police arrival. While investigating the report the police noticed a cigarette butt in the driveway. They kept it as evidence and had it tested for DNA. Around this time there were about a dozen or so reported car breaking in this area. A credit card was stolen from one of the cars. It was determined that Derek Delosh used the credit card to make a purchases. Delosh told the police that he obtained the credit card from Jordan Alves. Upon further investigation the authorities learned that Alves' DNA was on the cigarette butt. Alves is charged with twenty counts of Breaking and Entering a Motor Vehicle and Larceny. The charges are pending in the Ayer District Court.

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DNA Helps Cops Charge Locals With Breaking And Entering Motor Vehicle

Breaking and Entering a Motor Vehicle in Massachusetts

Massachusetts General Laws Chapter 266 Section 18 makes it a crime for anyone to break into a motor vehicle with the intent to commit a felony. A conviction of this offense is punishable by up to ten years in state prison. The underlying felony in this case is larceny which is punishable by up to five years in state prison. Alves DNA on the cigarette butt coupled with Delosh's statements are enough to sustain the criminal charges in this case. Absent a description from the victim or other evidence such as fingerprints on the vehicle a conviction might be more difficult to secure, particularly if Delosh does not testify for the prosecution.

Canadian Man Facing Identity Theft, Larceny Charges In Quincy

Thu, 28 Jan 2010 19:03:34 -0500

Ivaylo Hristov, a Canadian citizen who has been charged in Norfolk County with Larceny Over $250 and Identity Fraud. The district attorney is alleging that Hristov attached scanners and cameras to ATM machines throughout parts of Massachusetts. This equipment would take and photograph information from bank customer's debit cards and record the PIN numbers as well. Hristov would take the information and place it on a blank card. Thereafter he would use the card to withdraw money from the person's bank account. It is believed that Hristov is working with others and that they have collectively stolen over one hundred thousand dollars. The defendant is being held on one million dollars cash bail set in the Quincy Court.

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Man Caught Stealing Card Information From ATM Machines Charged

Identity Theft and Identity Fraud in Massachusetts

Massachusetts General Laws Chapter 266 Section 37E makes it a crime to use someone else's identity to either defraud that person or someone else while using that person's identity. This statute makes the maximum sentence for a conviction of this offense two and one half years in the house of correction. It is a misdemeanor and lies within the jurisdiction of the District Court. These cases can be easy for the prosecution to prove in cases where the suspect is videotaped stealing the money. It is even easier in cases such as this one where the suspect is caught with the fake card in his possession and seen trying to engage in the transaction. The larceny charge carries a more severe sentence, five years in state prison. I would imagine that if Hristov is suspected in several other such incidents more charges will follow and the case will be prosecuted in the Superior Court. Hopefully Hristov has hired an Experienced Massachusetts Identity Theft Defense Lawyer who can either find valid defenses to this case or work out a favorable plea deal.

Physical Therapist Charged With Indecent Assault And Battery In Newburyport District Court

Tue, 26 Jan 2010 18:17:58 -0500

Last Friday Richard J. Bernier of Byfield, Massachusetts was arrested and charged with Indecent Assault and Battery on a Person Over Fourteen Years of Age. The charges came after one of Bernier's patients changed therapists and learned that Bernier's treatments were unconventional and in her mind amounted to a sexual assault. Specifically, the woman, who suffered from lower back and hip pain complained that the defendant would pull her pants down and massaged her body while she was completely naked. Treatments totaling six or seven visits continued for a three month period. The prosecution further alleged that Bernier made inappropriate comments to the victim after which he made arguably incriminating statements in the presence of his receptionist. The investigation spanned six months. The case will be prosecuted in the Newburyport District Court.

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Physical Therapist Charged With Inappropriate Touching of Patient

Indecent Assault and Battery in Massachusetts

To convict someone of this crime the prosecutor must show that Bernier committed an act or series of acts which are fundamentally offensive to contemporary moral values. He must have engaged in behavior which the common sense of society would regard as immodest, immoral and improper. Specifically, the intentional, unjustified touching of private areas such as the breasts, abdomen, buttocks, thighs, and pubic area of a female constitute an indecent assault and battery. Most cases dealing with indecent assault and battery include the buttocks as a private area that, if intentionally touched, would violate "our contemporary views of personal integrity and privacy."

Here, the district attorney's case rests almost entirely on the credibility of the complaining witness. Experienced Massachusetts Sex Crimes Defense Lawyers will question the timing of the victim's disclosures and any motivation that might underlie her disclosures. The observations of the receptionist will also be of particular interest here. Did she in fact hear Bernier make the statements the victim claims he made? Was she or anyone else present for the treatments and examination? What was the victim's demeanor after the treatments? The answers to these questions might provide fertile viable grounds for Bernier's defense.

Boston Man Faces Heroin, Marijuana Charges In Quincy

Mon, 25 Jan 2010 19:01:03 -0500

Back in October of 2009 Jewil Guerrero of Boston was identified as a suspect in a drug dealing operation in the South Shore. Just the other day police were conducting surveillance of a Braintree home when they saw Guerrero pull up to the home in minivan and engage in discourse with another man who entered the vehicle. Police then stopped Guerrero's car and found marijuana in his lap. They also found thirty bags of heroin in a bottle in the driver's door armrest. Guerrero was charged with Possession With Intent to Distribute Heroin and Possession With Intent to Distribute Marijuana. The case is now pending in the Quincy District Court.

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South Shore Massachusetts Drug Investigation Results In Arrest

Possession With Intent to Distribute Heroin in Massachusetts

The crime of Possession With Intent to Distribute Heroin is a felony in Massachusetts. This crime can be prosecuted in either the Superior Court or the District Court. The maximum penalty for a conviction is ten years in state prison if the defendant is convicted in the Superior Court and two and one half years if the case stays in the District Court. The facts of this case suggest that a motion to suppress may come into play. The first question a Norfolk County Criminal Defense Lawyer might ask is why did the police stop Guerrero's car. The article is silent on this and if the police were acting on a hunch the stop might be deemed illegal by a judge and the drugs will be suppressed.

Bristol County Man, 24, Charged With Trafficking Oxycodone, Marijuana After Drugs And Cash Seized During Raid

Fri, 22 Jan 2010 07:38:27 -0500

Just two days ago DEA agents from the Bristol County office executed a search warrant at 61 Sunflower Drive, the home of twenty four year old Matthew Alsen. After entering the premises police located Alsen in his bedroom. Supposedly, after inquiry Alsen told the authorities that the drugs were in a closet behind a nightstand. The officers then located a large quantity of marijuana and one hundred fifty six Percocet pills. At the same time officers from Raynham kept a surveillance of Alsen's mother's home. She eventually consented to a search of her home where the officers found over one hundred thousand dollars cash. Bail in the amount of five thousand dollars cash was set in the Taunton District Court where Alsen was charged with Trafficking Oxycodone and Trafficking Marijuana. The case will be prosecuted in the Bristol Superior Court in New Bedford.

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Pot, Oxycontin and $100,000 Cash Seized During Bristol County Raid

For several reasons Alsen needs to hire an Experienced Massachusetts Drug Trafficking Lawyer immediately. While the charges are severe there may be some defenses to this case and with the right Massachusetts Criminal Defense Lawyer the potential damage might be minimized.

Trafficking Marijuana in Massachusetts

To satisfy the minimim for trafficking marijuana in Massachusetts the defendant, Alsen, must have possessed at least fifty pounds of the substance. The district courts have jurisdiction over this amount of marijuana and can sentence someone for up to two and one half years in the house of correction with only one year of that sentence being a minimum mandatory. Depending on the quantity of the marijuana and the oxycodone as addressed below, the future for Alsen might not be as bleak as the article seems to suggest.

Trafficking Oxycodone in Massachusetts

Oxycodone is a Class B substance in Massachusetts. As I have mentioned in several previous posts all trafficking cases in Massachusetts carry a mandatory minimum sentence. The length of the sentence depends on the quantity of the substance trafficked. In this case the prosecution is alleging that the 156 pills constitutes a weight that satisfies the element of weight for trafficking. They may in fact be wrong depending on the number of milligrams of each pill. If these were typical oxycodone pills they were eighty milligrams each. That would not amount to a trafficking weight.

Framingham Woman, Boyfriend Charged With Distribution Of Class C

Thu, 21 Jan 2010 07:41:10 -0500

Jenna Conrad of Framingham and her boyfriend Andrew Spaulding of Walpole were arrested Tuesday and charged with Distribution of Class C following a two week investigation. It is alleged that police made undercover buys on three occasions from Conrad with an arrest coming after the final purchase. According to reports Conrad was selling Diazepam and Clonazepam, both prescription drugs. When arrested the car in which both defendants were riding was searched and additional drugs were found. Conrad has been charged with three counts of Distribution of Class C. Spaulding has been charged with three counts of Conspiracy to Violate the Controlled Substances Act. The case is being prosecuted in the Framingham District Court.

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Two Arrested For Drug Dealing In Framingham

Distribution of Class C In Massachusetts

Distribution of Class C Substances in Massachusetts is a felony punishable by up to five years in state prison. In cases like this the prosecution will likely take place in the district court where the maximum exposure to the defendants after conviction is two and one half years. If the defendants do not have criminal records and they Hire an Experienced Massachusetts Drug Attorney the might be able to have their cases continued without a finding. There also might be some defenses to this case. Typically in cases involving hand to hand sales to undercover officers the only viable defense involves entrapment. Our office has won several cases using this defense, all of which are well documented.

Three Arraigned In Lynn District Court On Charges Of Robbery, Kidnapping, Carrying A Firearm

Wed, 20 Jan 2010 06:34:52 -0500

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.

Man Arraigned On Cambridge Rape Case In Middlesex County Superior Court

Tue, 19 Jan 2010 16:15:51 -0500

On December 1, 2009 I blogged about Manson Brown, the Massachusetts man who escaped from prison after learning about his new Rape Indictment. Well, Brown was apprehended on January 3, 2010 in Georgia and last Friday the 51 year old Mattapan man was arraigned for the 1996 Rape and Home Invasion case that triggered his escape. Brown, who was also charged with being a Habitual Offender was held without bail in the Middlesex Superior Court in Woburn. According to reports, in September of 1996 Brown broke into the victim's home through a window and raped her while she was sleeping next to her two year old son. Brown then allegedly stole money and jewelry from the victim's home and threatened to kill her family if she called the police. She subsequently went to the hospital. A recent DNA match identified Brown as the suspect.

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Massachusetts Prison Escapee Arraigned For Cambridge Rape

Rape in Massachusetts

As I have mentioned many times in the past Rape Cases in Massachusetts are very difficult to defend even when there is not physical evidence linking the defendant to the crime. Once that evidence does become available however the case becomes that much more difficult. Absent any relationship between the defendant and the victim that might be suggestive of consent the added component of a DNA match makes defending the case that much more difficult. People like Manson Brown need to find a Middlesex Superior Court Defense Lawyer with Experience Defending Rape Cases Involving DNA. These tests are fallible and to avoid the consequences of a Rape Conviction and a lengthy state prison sentence Brown is going to need a lawyer who can challenge the accuracy of this test.

Haverhill Registry Worker Charged With Falsifying Driver's Licenses, Conspiracy

Sat, 16 Jan 2010 08:08:06 -0500

Lyn Toscano of Haverhill, Massachusetts is the assistant manager of the Registry of Motor Vehicles for the branch located in Haverhill. Earlier today Toscano was arraigned in the Haverhill District Court and charged with two counts of Soliciting a Bribe as a Public Employee, Conspiracy and Falsification of a Driver's License. It is alleged that the scheme in which she was involved started in September of 2008 and lasted until May of 2009. Authorities claim that Toscano was selling licenses to people who had not taken the driver's test. Police were tipped off by Richard Chase who ironically has been charged with Criminal Harassment of Toscano.

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Massachusetts Registry Worker Charged With Selling Driver's Licenses

Falsification of a Driver's License in Massachusetts

This crime is a felony in accordance with Massachusetts General Laws Chapter 90 Section 24B. The case can be prosecuted in either the District Court or the Superior Court and it carries with it a possible five year state prison sentence. If Toscano decides to Hire an Experienced Massachusetts Criminal Defense Lawyer who understands Motor Vehicle Crimes she might be able to walk away from these charges without a criminal record.

Soliciting a Bribe as a Public Employee

This crime is proscribed by Massachusetts General Law Chapter 268A Section 2 and is also a felony in Massachusetts. A conviction of this crime is punishable by up to three years in state prison. This charge can also be continued without a finding so it is advisable that Toscano get a good lawyer right away.

Lawrence Man Caught Trafficking Cocaine, Gun Possession In Haverhill Faces State Prison Time

Fri, 15 Jan 2010 07:29:01 -0500

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.

Three From Wareham Charged With Drug Trafficking, Gun Possession After Search Of Apartment

Wed, 13 Jan 2010 20:25:13 -0500

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.

Lynn Man Charged With Assault, Domestic Violence After Beating Girlfriend

Tue, 12 Jan 2010 07:27:59 -0500

Around 10:00 p.m. Saturday night Lynn, Massachusetts police responded to a 911 call from a woman who reported having been beaten by her boyfriend with a broom stick. When the police arrived they found the fifty year old woman bleeding from the head. The woman told police that the boyfriend, Joseph McLaughlin accused her of taking money from the bar where he works and proceeded to hit her ten times with an aluminum broom stick. The woman declined medical attention. McLaughlin was located shortly thereafter and arrested. He has been charged with Domestic Assault and Battery and Assault and Battery by Means of a Dangerous Weapon. Bail has been set at two thousand five hundred dollars cash. The case is being prosecuted in the Lynn District Court.

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Lynn Man Faces Charges Of Domestic Violence After Attacking Girlfriend

From a prosecution perspective the strength of these cases depends on several factors. 1) Will the victim be cooperative throughout the course of the prosecution? Often times these relationships get resolved to the point where the victim refuses to cooperate thereby making the district attorney's job more difficult. 2) Is there any independent evidence that the prosecution can use if the victim becomes uncooperative such as an eyewitness or a contemporaneous 911 call from the victim? 3) What did the responding police officers observe? Bruising, bleeding or other signs that the victim has suffered an attack can be used by the prosecutor to corroborate the allegations of Domestic Assault.