Massachusetts Criminal Defense Attorney Blog

Paul Souza, a Boston Police Fire Department lieutenant has been charged with OUI, Malicious Destruction to Property Over $250, Assault and Battery and Failure to Stop from a Police Officer stemming from his involvement in an incident in Braintree this past Friday. According to reports, Souza cut off a car that pulled out of a parking lot in front of him. Souza then confronted the driver, broke his window, shouted obscenities at him and fled. The victim followed Souza. He called the police. Souza then tried to evade the police who ultimately apprehended him. The police detected alcohol on Souza's breath and indicated that he was uncooperative at the time of the stop. The case is pending in the Quincy District Court.

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http://www.boston.com/news/local/massachusetts/articles/2010/02/16/boston_firefighter_charged_in_braintree_road_rage_incident/

Quincy, Massachusetts OUI, Assault and Battery Lawyers

Cases like this are difficult for Massachusetts Criminal Defense Lawyers to defend successfully at trial. The district attorney would use Souza's behavior as his or her best evidence of the OUI charge. They would argue that alcohol either triggered his violent behavior or prevented him from maintaining his composure. Trying to evade the police and being aggressive upon apprehension are also factors that would support their position. Given Souza's rank it is unlikely that he has a criminal record. I would imagine that his lawyer will be successful in getting these charges continued without a finding. A consequence will probably include the 24D program and perhaps anger management counseling. I am willing to bet that this case does not go to trial.

Continue reading "Boston Firefighter Charged In Quincy With OUI After Road Rage Incident" »

Shortly after 11:10 p.m. yesterday a Massachusetts State Trooper observed a car pass him on Route 495 at a speed estimated around one mile per hour. A chase followed. The officer observed the vehicle exit the highway at Route 110 in Haverhill, Massachusetts. According to the officer the driver's speeds ranged from fifty five miles per hour to eighty five miles per hour once off of the highway. Haverhill Police officers observed the car for short periods of time but were unable to follow it. The car was finally found abandoned on Central Street in Haverhill. Two men walking near the scene were arrested. One of the men, Aldis Sureo was charged with receiving stolen property. The other man, Aneudis Mendez was charged with disorderly conduct. Charged are pending in the Haverhill District Court.

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Car Chase Leads To Criminal Charges For Two Massachusetts Men

One thing that comes to mind when reading this article is why did the police stop Sureo and Mendez. Massachusetts law states that in order to lawfully conduct an investigatory stop there can be no more than a brief non-intrusive detention of the person and it must be supported by specific and articulable facts sufficient to give rise to reasonable suspicion. If officers ask questions with a show of authority an illegal seizure may have occurred. If the officers actions were sufficiently coercive or intimidating a seizure might have occurred. The positioning of officers during the encounter factors into its constitutionality as well. In cases such as this one the defendant's chance of success often rests on the legality of the stop. A motion to suppress can at times result in a dismissal of the case.

Continue reading "Two Massachusetts Men Charged With Crimes After HIgh Speed Chase" »

Around 10:30 p.m. this past Tuesday Braintree, Massachusetts police officers responded to an apartment complex after a 911 call about a fight. They were directed to Jeffrey Lynch who it turns out had two outstanding warrants for motor vehicle crimes. Further investigation suggested that Lynch and another man were having an argument. The other man's girlfriend overheard Lynch telling someone on the telephone to bring a gun. The dispute between Lynch the man resumed during which Lynch asked one of his friends to hand him the gun. A struggle for the gun supposedly followed. When the participants heard the police sirens everyone scattered. The gun was never found. Lynch has been charged with carrying a firearm, assault with a dangerous weapon and impeding an investigation in the Quincy District Court.

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Firearms Charges Issue Against Massachusetts Man Involved In A Fight

Carrying a firearm in Massachusetts is a felony. Massachusetts General Laws Chapter 269 Section 10(a) states that anyone who carries a firearm without a license must serve a minimum mandatory eighteen months in the house of correction and up to five years in state prison. In Massachusetts a firearm is defined as a weapon that is capable of firing a shot or bullet and has a barrel of less than sixteen inches. This law has great significance for Lynch. Since the police never found the weapon there is no way of telling whether it could fire a bullet or any to determine its actual size. Without this information there is not way the district attorney can prove the firearm charge against Lynch. That leaves the assault dangerous weapon charge and the impeding the investigation charge for Lynch to defend. It will be much easier for his lawyers to negotiation a resolution of those matters or possibly try them now that the gun charge no longer seem viable.

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James Routenberg of Westford, Massachusetts has been charged with motor vehicle homicide stemming from an incident that occurred on February 26, 2009.  According to reports, Routenberg lost control of an SUV he was driving on Worcester Road when he struck a tree.  His passenger, a 36 year old man from Maynard was killed in the crash.  Police stated that the defendant's blood alcohol was a .20, two and one half times the legal limit.  In addition to motor vehicle homicide Routenberg is being charged with negligent operation.

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