Massachusetts Criminal Defense Attorney Blog

This past Thursday Santo "Macho" Suarez of Lawrence, Massachusetts was arrested and charged with Breaking and Entering, School Zone Violation and Distribution of a Class B Substance, Crack Cocaine. He was also charged with Resisting Arrest and Disorderly Person. According to reports Suarez sold Crack Cocaine to an undercover police officer. As officers attempted to apprehend him Suarez took off in his car. He then abandoned the car and fled on foot. He broke into a home and hid in a closet. He then resisted police attempts to arrest him. Suarez also has a prior conviction for Distribution of Cocaine in Lawrence.

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http://www.eagletribune.com/local/x1907084331/Police-Man-hid-in-house-after-selling-drugs-to-officer

Lawrence, Massachusetts Cocaine Distribution Defense Lawyer

Massachusetts General Laws Chapter 94C Section 32A states that anyone convicted of distributing cocaine after having been previously convicted of the same offense shall be punished by a minimum mandatory three year sentence. This is a felony in Massachusetts. The district court does not have jurisdiction over this crime so unless the district attorney agrees to reduce the charges Suarez is going to be prosecuted in the Essex County Superior Court in Salem. Hand to hand sales to undercover officers are very difficult to defend. Experienced Massachusetts Criminal Lawyers who try cases like this one often employ an entrapment defense. This requires the prosecution to prove beyond a reasonable doubt that the defendant was predisposed to committing this crime and that his will was not overborne by aggressive police officers.

Continue reading "Lawrence Man, Santo "Macho" Suarez Charged With Distribution Of Cocaine, School Zone Violation" »

Craig Snow of Lynn, Massachusetts has been charged with violating the Massachusetts Social Host Law. The law states that anyone who sells or provides alcohol to minors or permits them to consume alcohol on your property can be charged with a crime in Massachusetts. The act occurred on March 21, 2010. A young woman was killed when a car being driven by her boyfriend drove through an intersection and crashed. The woman was ejected through the car's sunroof. The driver, Christopher Maxson was charged with Motor Vehicle Homicide. According to reports, Snow admitted to hosting the party and claimed that the guests brought their own alcohol to is parents' home.

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Massachusetts Man Faces Charges Stemming From Motor Vehicle Homicide

Massachusetts Criminal Lawyers Who Defend People Accused Of Violating The Social Host Laws

The Massachusetts Social Host Law is set out in M.G.L. ch. 138 Section 34. A conviction of this law means you are guilty of a misdemeanor. There is a maximum sentence of one year in the house of correction. The law states that you can be held criminally responsible for allowing someone under the age of twenty one to consume alcohol on your property. Under Massachusetts the Social Host can be an adult or a juvenile. These charges are becoming more prevalent in Massachusetts. Essex County seems to be taking the lead on these matters. The charges are serious and require the services of an Experienced Massachusetts Criminal Defense Attorney.

Continue reading "19 Year Old Lynn Teen Charged With Violating Social Host Law, Contributing To Motor Vehicle Homicide" »

Around 2:00 a.m. Monday morning Taunton, Massachusetts police received a 911 call from a woman who had locked herself in a bathroom after having been beaten by her boyfriend according to the Brockton Enterprise. The officers who responded located the woman in the bathroom and appearing scared. She alerted them to the fact that her boyfriend, Peter Azille was hiding behind the bathroom door. The two were separated. Azille yelled to the woman not to talk to the police. He maintained an aggressive attitude towards law enforcement officials, was handcuffed and arrested. The woman refused medical treatment yet due to her representations Azille was charged with Kidnapping and Domestic Assault and Battery. His actions towards the police and witnessed by the police resulted in him being charged Witness Intimidation and Resisting Arrest.

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http://www.enterprisenews.com/news/cops_and_courts/x1920417408/Taunton-man-charged-with-kidnapping-assaulting-girlfriend

Massachusetts Criminal Lawyer, Resisting Arrest

As I have mentioned many times in the past Resisting Arrest in Massachusetts is all to often a charge issued against people who have been assaulted by the police during the course of an arrest or investigation. Many times police officers try to deflect their violent, aggressive and at times illegal conduct by charging suspects with crimes that they did not commit, simply to avoid being sued for their behavior. Assault and Battery on a Police Officer is another such charge brought for the same reasons. Each and every time I meet with a client who has been charged with Resisting Arrest or Assault and Battery on a Police Officer the client has been visibly beaten and bruised by the police officer who created the charge. Here, given that the victim did not receive medical treatment and is the defendant's girlfriend there stands a chance that the Kidnapping and Domestic Crimes will not be prosecuted successfully. That is why it is imperative that Azille Hire a Massachusetts Criminal Lawyer who has experience defending charges of violence against police officers.

Continue reading "Southeastern Massachusetts Man Charged With Kidnapping, Domestic Assault On Girlfriend" »

Adrian Clarke of Boston and Lloyd Smith of Nantucket were charged in the Lynn District Court with Kidnapping and Raping a thirty two year old woman this past weekend. Bail for each was set at five hundred dollars. The Lynn Item reports that the woman, a prostitute was working in Boston Saturday night when she was approached by the defendants. She was forced into their vehicle and taken to a warehouse in Lynn. Both men forced her to have intercourse with them and to perform oral sex on them. They then put her back into the van and dropped her off at a street corner. The woman contacted the police who stopped the defendants in their vehicle. It is also reported that the defendants gave a different story. They negotiated a fee for her services. She agreed to go with them to Lynn. While on the way the defendants purchased some condoms. After engaging in the consensual, paid for sexual acts the victim fell asleep. She was then driven part way home but refused to get out of the car, offering to refund their money if they took her back to Boston. The defendants refused to do so. The charges are pending in the Lynn District Court. The prosecutor may choose to indict this case to the Essex County Superior Court in Salem.

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http://www.thedailyitemoflynn.com/articles/2010/04/13/news/news05.txt

Lynn, Massachusetts Rape, Kidnapping Defense Lawyer

From the perspective of a Massachusetts Criminal Defense Attorney cases like this are difficult for the district attorney to successfully prosecuted. The "victim's" story sounds more like a failed business venture than a Rape or Kidnapping. There will possibly be a chain of evidence supporting either the victim or the defendant's story. There are cameras at toll plazas that might show where the woman was sitting the van and her demeanor. There may well be cameras at the store where the condoms were purchased either inside the store, in the parking lot or both. There will be evidence supporting or contradicting the stories that can be found at the warehouse. There might be cameras at the gas station in Revere where one of the defendants claims to have originally intended to drop off the woman. Any Massachusetts Criminal Lawyer with experience defending cases in Lynn and Essex County will look into these matters while defending his or her client.

Continue reading "Massachusetts Men Charged With Kidnapping And Raping Prostitute In Lynn" »

The Lowell Sun reports that nearly seven years ago a significant amount of drug evidenced was stolen from the Dracut Police evidence storage facility. In total about eighty thousand dollars or marijuana was taken from the locked trailer. The officer took the test on December 15, 2009. The results were deemed "inconclusive with suspected countermeasures taken". The suggestion is that the officer tried to cheat the test. Consequently, on March 3, 2010 another polygraph test was given. This time, it was concluded that the officer failed. Law enforcement agencies in Massachusetts were unable to crack the case. The state statute of limitations has expired and criminal charges cannot be filed against the officer in Massachusetts. However, federal laws provide another avenue for prosecution that permits more time to file charges. An unnamed federal agency is currently investigating this case.

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The Law Pertaining to Lie Detector Tests in Massachusetts

Lie Dectector (Polygraph) Tests in Massachusetts

In Massachusetts polygraph evidence is inadmissible for any purpose in a criminal trial. This has been the law for over twenty years since the Supreme Judicial Court decided the case of Commonwealth v. Mendes, 406 Mass. 201 (1989). About seven years later the Supreme Judicial Court retreated from its stance on this position and suggested that polygraph evidence might be admissible in a criminal case provided that its reliability is established by proof that a qualified tester who conducted the test had in similar circumstances demonstrated, in a statistically valid number of independently verified and controlled tests, the high level of accuracy of the conclusions that the tester reached in those tests. Commonwealth v. Stewart, 422 Mass. 385 (1996). This ruling notwithstanding lie detector tests are still not used in criminal cases in this state. The prospect of using one of these tests in an appropriate case is something that I would welcome.

Continue reading "Massachusetts Police Officer Suspected Of Evidence Theft Fails Lie Detector Test" »

Thirty four years ago Eleanor Wadsworth was beaten, shot and killed at Pike's Funeral Home in Gloucester, Massachusetts. Wadsworth was sixty five at the time and she worked and lived at the funeral home. Last March Gloucester police re-opened the case. Their investigation which included interviewing several witnesses suggested that Wadsworth was killed by three people during a robbery. The suspects are Norman Pike, the funeral home owner's grandson, Kevin Ireland and another man not identified. Pike left Gloucester just days after the incident. Ireland currently lives in Gloucester and was recently arrested on this case. Pike, aka Dan Franklin who now lives in San Francisco if fighting extradition. Ireland is being arraigned today in he Gloucester District Court.

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http://www.boston.com/news/local/breaking_news/2010/03/police_charge_t.html

Prosecuting "cold cases" can at times be a daunting task. Witnesses' may no longer be available to testify. Those who remain can have problems recounting sufficient detail to sustain a conviction. Experienced Massachusetts Criminal Defense Lawyers are often able to attack any memory defects and show juries the doubt necessary to sustain an acquittal. If there are no eyewitnesses to the murder as suggested by the article and neither of the defendants cooperates it will be difficult for the prosecution to recreate the events in a way that satisfies its burden. It would not surprise me to see defense lawyers pointing the finger at the deceased suspect and identifying him as the sole culprit.

Continue reading "Two Charged In Gloucester Murder That Occurred More Than Thirty Years Ago" »

Yesterday police in Westport, Massachusetts arrested Dean Macedo of Fall River and charged him with five counts of Identity Fraud. Apparently Macedo, who was working as a sub-contractor for a construction company got a copy of certain contractor's licenses. Using that information he secured building permits in New Bedford. Macedo had his own roofing company. An employee at one of the jobs Macedo obtained through the permit scam was injured and filed a workman's compensation claim. Authorities quickly learned that Macedo had been pulling permits using the identity of others in several towns. The case will be prosecuted in the New Bedford District Court.

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http://www.abc6.com/news/86389667.html

Identity Fraud and Identity Theft in Massachusetts

Massachusetts General Laws Chapter 266 Section 37E prohibits Identity Fraud and Identity Theft in Massachusetts. The law states that anyone who uses someone else's personal identifying information for the purpose of making a financial gain shall be punished by up to two and one half years in the house of correction. This is a misdemeanor in Massachusetts. These crimes are becoming more prevalent in Massachusetts each day. It would not surprise me to see the potential punishment increased by the legislature in the near future, particularly in light of cases such as this one where someone is injured and without financial recourse due to the fraud.

Continue reading "Fall River Man Arrested And Charged With Identity Fraud" »

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.

Continue reading "Haverhill Registry Worker Charged With Falsifying Driver's Licenses, Conspiracy" »

Erick Garcia's former girlfriend went to the police station last Thursday around 3:00 in the afternoon claiming that Garcia had committed several crimes against her including, Assault and Battery, Kidnapping, Stalking and Assault With a Dangerous Weapon after refusing to accept the couple's breakup. The woman reported that Garcia drove up to her, and dragged her into his car at knifepoint. Garcia further threatened that if he ever found her with another man he would kill both of them. He then stabbed her car seat with the knife and threatened to kill her daughter. It is alleged that some of the Threats were made by text message. Garcia is being held without bail pending a Dangerousness Hearing. The Massachusetts man now stands charged with those crimes in the Framingham District Court.

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Domestic Violence Charges Issue Against Framingham, Massachusetts Man Unable To Accept Breakup

Crimes involving Domestic Violence in Massachusetts are taken very seriously. Many of the crimes with which Garcia has been charged are felonies. There is a good chance that this case will be prosecuted in the Superior Court. Almost any time allegations such as this are made judges tend to hold the defendant without bail and schedule a dangerousness hearing at the request of the district attorney. It is critical that people charged with crimes involving these types of charges Hire an Experienced Massachusetts Domestic Violence Defense Lawyer. Getting the right lawyer can help you get released with a bail or possibly on personal recognizance. It is equally important to hire a lawyer who has successfully defended cases like these.

Continue reading "Framingham Massachusetts Man Rejected By Ex-Girlfriend Charged With Stalking, Kidnapping" »

Michael Ehlert is eighteen years old. Michael Leoni is seventeen year old. Both live in Marblehead, Massachusetts. Both are now facing serious felony charges in the Lynn District Court. It would not surprise me at all to see these charges indicted and prosecuted in the Essex County Superior Court in Salem. According to reports Ehlert and Leoni viciously attacked a school age boy who was walking home in the early evening hours on October 29, 2009. When the boy passed by the defendants they dragged him into a local cemetery, choked him, beat him, kicked him and searched him for money. They made him smoke a cigarette, stole his wallet and made him lead them to the victim's home where they located and stole his iPOd. As a result of these acts Leoni has been charged with Assault With Intent to Rob, Kidnapping, Assault and Battery by Means of a Dangerous Weapon and Larceny. Ehlert has been charged with the same crimes along with Intimidation of a Witness. All of these Crimes are Felonies in Massachusetts.

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Massachusetts Men Charged With Assorted Violent Crimes In Connection With Robbery Of Another Teenager

In the context of these facts all of these crimes are considered very Serious Felonies in Massachusetts. The Robbery charge alone carries a maximum life sentence. Assault and Battery by Means of a Dangerous Weapon carries a potential ten year sentence. Kidnapping convictions can also result in the imposition of a ten year state prison sentence. There are however a few thoughts that come to mind when reading about this case. How was it that nobody saw the victim being dragged into the cemetery? Why did he not yell out for help when walking back to house? Could he have run away when going back to his home or could he have yelled out to a neighbor for help? Was the attack unprovoked or was there something that precipitated the event? These are questions that an Experienced Massachusetts Defense Lawyer will address in preparing the defense of these defendants.

Continue reading "Two Marblehead Massachusetts Teenagers Arrested And Charged With Robbery, Kidnapping, Assault In Connection With Beating" »

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

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

Continue reading "Man In Quincy Massachusetts Charged With Drug And Gun Violations After Police Find Cocaine, Heroin, Guns And Ammunition During Search Of Home" »

Just after midnight the other day Framingham, Massachusetts police received a call from a local pizza restaurant employee complaining that Ryan McArthur was causing problems after he was denied entry to the establishment. When the police arrived they observed McArthur in the street waiving his arms. When they exited their cars McArthur supposedly then charged the officers. As the police tried to subdue McArthur the defendant struggled and tried to escape. He was ultimately apprehended and charged with two counts of Assault and Battery on a Police Officer and Resisting Arrest. Charges are now pending in the Framingham District Court.

Assault And Battery Charges Issue Against Framingham Man After Scuffle With Police

People think that Assault and Battery on a Police Officer is a difficult charge to defend. It is natural to think that a jury or a judge will believe a police officer over a defendant and that you have no chance to win a case like this one. That however is not true. As I have written in past blog posts Assault and Battery on a Police Officer is a charge that the police bring any time they apply force, particularly excessive force to a suspect. They realize that if they do not bring that charge they risk getting sued for their conduct. Experienced Massachusetts Criminal Defense Lawyers understand this trend and often prepare their client's defenses to these charges with that in mind.

Continue reading "Framingham Massachusetts Man Charged With Assault And Battery On A Police Officer, Resisting Arrest After Being Denied Entry To Pizzeria" »

According to reports David Barry of Bridgewater, Massachusetts continually made telephone calls to a neighbor and the neighbor's wife over a nine month period. The offenses started in October of last year and ended this past June. The victim complained that Barry would call late at night, saying his wife's names and the word "die". Barry is reportedly involved in youth sports in the town of Bridgewater. Charges of Criminal Harassment and Making Annoying Phone Calls were filed against Barry in the Brockton District Court.

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Bridgewater, Massachusetts Man Charged With Making Annoying Phone Calls, Harassment In Brockton

Criminal Harassment in Massachusetts is a crime pursuant to Massachusetts General Laws Chapter 265 Section 43A. The law states that anyone who "engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and shall be punished". A first offense is a misdemeanor punishable by up to two and one half years in the house of correction. A second offense is a felony that carries a potential ten year state prison sentence. Making Annoying Phone Calls is also a misdemeanor but with much lighter consequences. A conviction for this crime, Massachusetts General Laws Chapter 269 Section 14A carries a maximum three month jail sentence. More likely than not, assuming Barry has an Experienced Massachusetts Criminal Defense Lawyer, he will walk away from these charges without a criminal record.

Continue reading "Massachusetts Man Arraigned On Charges Of Criminal Harassment And Annoying Phone Calls In Brockton Court" »

Joshua Medeiros and Kimberly Vasconcellos had been watched by police for several months after neighbors complained about suspicious activity at their Somerset, Massachusetts home. The officers set up surveillance and confirmed the neighbor's complaints. They observed a pattern of cars pulling up to the home, someone entering the home and leaving after a short visit. Police also witnessed Medeiros meet with people just a short walk from the home and behind a neighboring school. They were able to set up a successful "controlled buy" with the help of an informant. With that information a search warrant was authorized. The search of the property yielded heroin, marijuana, marijuana plants and assorted drug possession and distribution paraphernalia. The couple has been charged with Conspiracy, Possession With Intent to Distribute Heroin and Marijuana, Possession of Drug Paraphernalia and Violation of the Massachusetts School Zone laws. Charges are now pending in the Fall River District Court.

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Search of Home in Somerset Leads Cops To Pot Plants, Drug Paraphernalia, Massachusetts Couple Charged

So what happens to Medeiros and Vasconcellos now? As with most drug cases the initial focus of the defense will be on the validity of the search warrant. There will likely be a challenge to the issuance of the warrant based on either the absence of probable cause in the supporting affidavit or the integrity of the facts stated in the supporting affidavit. If the challenge is unsuccessful the defense then might center on the sufficiency of the evidence to sustain the charges against one or both defendants. Factors to consider are the relationship between the defendants, the location of the drugs found in the home, the defendant's habits as drug users, if any and more.

Continue reading "Massachusetts Couple Charged With Conpiracy, Possession With Intent To Distribute Marijuana, Heroin After Execution Of Search Warrant" »

Devin Joseph Sheehan-Powers of Boston was indicted by an Essex County Grand Jury last week following his arrest for a July 15, 2009 incident. According to reports Sheehan-Powers was observed by Lynn Police chasing down a disabled man while brandishing a knife. Law enforcement officers saw Sheehan-Powers then punch the victim in the face and steal his cell phone. The attack was described as brutal. The officers who witnessed the incident chased the defendant and were able to apprehend him shortly after observing the crime. He was found in possession of the knife and crack cocaine. Bail in the case has been set at ten thousand dollars. The case will now be transferred from the Lynn District Court to the Salem Superior Court. Sheehan-Powers has formally been charged with armed robbery, possession of cocaine, assault and battery with a dangerous weapon causing serious bodily injury, aggravated assault and battery, mayhem and resisting arrest.

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Boston Man Charged With Assortment Of Violent Crimes, Drug Possession After Assault On Winthrop Man

The crime of mayhem in Massachusetts is proscribed by Massachusetts General Laws Chapter 265 Section 14. The law states that the prosecution must prove that the defendant had the malicious intent to maim or disfigure the victim and that with that intent he "cuts out or maims the tongue, puts out or destroys an eye, cuts or tears off an ear, cuts, slits or mutilates the nose or lip, or cuts off or disables a limb or member, of another person". Alternatively the prosecution can obtain a conviction for this crime if it proves beyond a reasonable doubt that the defendant, possessing the intent to "maim or disfigure, assaults another person with a dangerous weapon, substance or chemical, and by such assault disfigures, cripples or inflicts serious or permanent physical injury upon such person". A conviction of this crime carries a potential twenty year state prison sentence. The article suggests that the prosecution in this case will be proceeding under the second theory given the victim needed eye surgery at a Boston hospital.

Continue reading "Boston Man Indicted By Essex County Grand Jury For Robbery, Assault And Battery, Drugs" »