Massachusetts Criminal Defense Attorney Blog

This past Sunday Angel Ruiz of Lawrence, Massachusetts was arrested in the early morning hours. Authorities allege that Ruiz Raped and beat a woman with whom he had a relationship. Neighbors heard the woman screaming. Officers responding to the scene were informed that cut the woman and left the house. The woman was airlifted to a Boston hospital for treatment. The woman's children were home at the time of the attack. Ruiz has been charged with Violation of a Restraining Order, Aggravated Rape, Assault and Battery, Larceny and Intimidation of a Witness. The case will be prosecuted in the Essex County Superior Court in Salem. The victim was released from the hospital.

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http://www.eagletribune.com/local/x1388784548/Man-charged-in-violent-rape

Massachusetts Rape Defense Lawyers

Ruiz is facing a big fight. These charges are severe. The Rape charge carries a maximum sentence of life pursuant to Massachusetts General Laws Chapter 265 Section 22(a). This is the more severe Rape Charge, commonly referred to as Aggravated Rape. The district attorney will have to prove not only non-consensual sex but also that the act resulted in serious bodily injury. That aspect of the law might appear satisfied by the fact that the victim was cut and that her injuries necessitated hospitalization. If the prosecutor cannot meet its burden as to the aggravated portion of the offense then there is a maximum twenty year sentence for a conviction of this crime. Either way, if this article is factually accurate Ruiz is facing a lengthy state prison sentence if his is convicted. As with any serious case in this jurisdiction, Ruiz needs to Hire an Experienced Massachusetts Rape Defense Lawyer.

Continue reading "Lawrence Man Arrested For Rape, Violating Restraining Order Against Former Girlfriend" »

Back in 2003, after receiving complaints about unusual activity in an apartment building Lowell Police began an investigation. They eventually learned that Marilyn Oden was running a prostitution ring out of her apartment. An undercover officer went to her apartment looking for sex. An arrest of a thirty eight year woman from Newton was made. She in turn told officers that she was hired by Oden as a prostitute. Apparently Oden was initially running her business in Maine. She moved to Lowell in 2000 when Maine police shut her down. Other reports have her working in Lowell since 1995. Oden also operated in Waltham and Methuen. She had as many as eight prostitutes working for her at one time. Oden defaulted in 2004. She allegedly confessed to having worked in the prostitution business for nearly thirty years. Charges of Deriving Support from Prostitution, Keeping a House of Prostitution and Procuring a Place for Prostitution are pending in the Lowell District Court.

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Massachusetts Prostitution Defense Attorney

The crime of Deriving Support from a Prostitute is a felony and punishable by up to five years in state prison. There is a two year mandatory minimum sentence for anyone convicted of this crime. There does not appear to be concurrent jurisdiction with the district court so there is a chance that this charge will either be dropped or indicted to the Middlesex County Superior Court in Woburn. The crime of Keeping a House of Ill Fame is punishable by a maximum sentence of two years. Procuring someone to Practice Prostitution also has a maximum sentence of two years. The article fails to state at which phase of the prosecution Oden went into default. If the witnesses are still available to testify against her and her confession survives a Motion to Suppress a plea bargain will likely follow. The severity of her sentence will depend on what charges the district attorney is adamant about prosecuting, the judge who presides over the case and the Experience of Oden's Massachusetts Criminal Attorney.

Continue reading "Maine Woman Facing Old Charges For Running Prostitution Ring In Lowell" »

Tyrone Farrar of Lawrence, Massachusetts was arraigned yesterday in the Newburyport District Court on charges of Statutory Rape. Farrar, a security guard at the Frost School is accused of having consensual sex with a fourteen year female student from that school. Initially, Farrar, the victim and the victim's mother all denied that Farrar's relationship with the girl was of a sexual nature. This changed however this past weekend when Farrar was arrested for OUI Drugs in Salisbury, Massachusetts with the girl in the car. The prosecution alleges that after the arrest both Farrar and the girl admitted to having sexual relations on several occasions over the past year. The victim claims that the sex started when she was thirteen years old. Reports state that Farrar was also the girl's basketball coach. Farrar has been held without bail pending a dangerousness hearing. Charges are now pending in the Newburyport District Court. The Rape of a Child charges will be indicted and prosecuted in the Essex County Superior Court in Salem.

Read Article:

http://www.eagletribune.com/local/x1243783675/Lawrence-school-security-officer-charged-with-statutory-rape

Essex County Statutory Rape Defense Lawyer

Farrar is in a lot of trouble. Back in June of this year a Melrose, Massachusetts basketball coach, James Connor plead guilty to similar charges and was sentenced to twenty to thirty years in state prison. Connor was fifty two years old at the time. He will be eligible for parole when he is seventy two years old. While many people think that the "consensual" nature of Statutory Rape (Rape of a Child in Massachusetts) lends itself to leniency often times it does not. Farrar, as a security guard and coach is in a position of trust when it comes to the development and safety of the people under his care. A violation of that trust particularly in a sexual manner is often punished harshly in Massachusetts. The sexual acts, helping the victim sneak out of her house, the presence of drugs and a firearm, having the girl out into the early hours of the morning will all factor into his sentence if Farrar is convicted. In so many regards this case presents great challenges for Farrar's Massachusetts Criminal Defense Attorney.

Continue reading "Lawrence Security Guard, Coach, Charged With Statutory Rape In Essex County" »

Anthony Freddura of Beverly, Massachusetts was charged with Open and Gross Lewdness in the Salem District Court. According to reports Freddura was seen by police sitting on a bench in Danvers. His groin area was exposed. The police were in the area after receiving complaints about Freddura. Officers stated that the defendant's genitals were in full view. When they began to approach him Freddura tried to pull his pants up. He then gave the police a fake name. This is said to have occurred just after 7:00 p.m. Freddura stated that he had just finished jogging.

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http://www.salemnews.com/local/x1884755467/Man-charged-with-exposing-self-in-Danvers

Beverly, Massachusetts Sex Crimes Defense Lawyer

Open and Gross Lewdness is a felony in Massachusetts. The crime is set out in G.L. ch. 272 Section 16. The law states that anyone guilty of this crime faces up to three years in state prison. Massachusetts case law suggests that Open and Gross Lewdness and lascivious behavior," is closely similar to common-law offense of indecent exposure. To satisfy the statute the conduct one engages in must produce shock or alarm. Masturbating in public constitutes a violation of the statute as does engaging in a sexual act in public. For Freddura the act the police reported likely fits within the definition of the crime. However, if the defendant has no criminal record a Massachusetts Criminal Defense Lawyer should be able to get this case continued without a finding.

Continue reading "Beverly Man Charged With Open And Gross Lewdness After Taking A Break From His Run" »

In Commonwealth v. Mendez, Slip Op. July 15, 2010 the Massachusetts Appeals Court held that even if the prosecution permits the admission of otherwise excludable evidence it can later embrace the Rape Shield Statutes' protections. Similarly, a judge can sua sponte exclude evidence that falls within those statutory exceptions. In Mendez the Massachusetts Appeals Court found the following facts:

The defendant was in a bar coming on to the victim. By her account the victim rejected his advances. She was drunk and had an unusually strong reaction to the alcohol. Her testimony suggested that perhaps she had been drugged although there was no evidence of that being the case. She woke up in the back of the defendant's girlfriends' car. She objected to the defendant and his girlfriend taking her to either of their homes. She next remembered waking up naked and covered in her vomit. She believed that she had been raped. She was bruised. She then saw the defendant's girlfriend who brought her into the bathroom. She observed a sink full of sexual aids. She showered. The prosecution called the bartender of the bar where the victim was that evening. He testified that that night she was flirtatious, that being her normal behavior. He testified that she made advances towards him and others in the past. She would always ask him to go in the back room with her. She offered him sexual favors. The prosecutor then realized that that evidence should have been excluded. The prosecutor then requested that the defense not mention the evidence further in the trial. Relying on the Rape Shield Statute the judge agreed and the defense was prohibited from mentioning the evidence further.

The Appeals Court agreed with the trial judge finding that in these circumstances the judge may intervene. Even if the judge failed to intervene the order crafted in this case, i.e. the preclusion of further discussion about this testimony was proper.

Read Case:

Commonwealth v. Mendez.pdf

Here is the problem with this decision. The evidence came in without objection. As a matter of fact, to some extent the questions of the prosecutor elicited this information from the witness. The evidence was before the jury. It was never stricken. It follows that the attorneys should have been able to argue all relevant inferences that could be drawn from the evidence during summation. Perhaps the Supreme Judicial Court will accept further appellate review of this case and take another view.

Continue reading "Massachusetts Appeals Court Holds That Judges Can Invoke Rape Shield Statute Even After Prosecutor Opens The Door Allowing Introduction Of Impermissible Evidence" »

Mark McConnell of Osborne Street in Salem, Massachusetts has been charged with Possession of Child Pornography and Distribution or Dissemination of Child Pornography in the Salem District Court. It is alleged that McConnell had downloaded photos and videos of girls who according to the district attorney had been Raped and Kidnapped. The prosecution stated that McConnell used a file-sharing program to access the illicit material. Bail was set at ten thousand dollars cash. Apparently McConnell was caught by law enforcement logging on to a file sharing service on June 15, 2010. His IP address was accessed and a Search Warrant was issued. McConnell's computer was seized during the search. Over seven hundred illicit photos were found on the hard drive. It is unclear as to whether this case will be prosecuted in the district court or the Essex County Superior Court. It is also possible that this case will be prosecuted in the Massachusetts Federal District Court.

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http://www.salemnews.com/local/x1907082991/48-year-old-man-charged-with-possessing-child-porn

Salem, Massachusetts Child Pornography Defense Lawyer

Possession of Child Pornography and Dissemination of Child Pornography are both felonies in Massachusetts. The former is prohibited by Massachusetts General Laws Chapter 272 Section 29C. A conviction for that offense carries a maximum five year state prison sentence. The latter crime is proscribed by Massachusetts General Laws Chapter 272 Section 29B. A conviction for that crime carries a minimum ten year sentence and up to twenty years in state prison. Prosecutors in Massachusetts take the position that file sharing constitutes distribution even if the defendant downloaded the material only and never actually sent the material to someone else. This is a major point of litigation in these cases right now. Anyone charged with one of these crimes in Massachusetts should immediately hire an experienced Massachusetts Criminal Lawyer who has defended Child Pornography cases. McConnell will likely have defenses to these charges and pursuing these defenses should start now.

Continue reading "Salem Man, 48 Charged With Possession, Distribution Of Child Pornography" »

Richard Hall, 61 of Marshfield, Massachusetts was arrested two days ago by Marshfield Police. It was reported that the police were notified by authorities in Illinois that Hall might be a part of a child pornography ring. This operation possibly consisted of chat room members who shared Child Porngraphy files over the internet. With this information local law enforcement obtained a search warrant. Armed with this Search Warrant they entered Hall's Forest Street home around 9:30 Monday night. They located pictures of children engaged in sexual acts. They also seized several computer hard drives. Bail was set in the Plymouth District Court at three thousand dollars. Hall faces charges of Distributing Photographic Material of Children in a Nude State, Possessing Child Pornography and Distribution of Material Depicting Children in a Sexual Act. This case will probably be prosecuted in the Plymouth County Superior Court in Brockton.

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http://www.patriotledger.com/news/cops_and_courts/x1602636442/Marshfield-man-arrested-on-pornography-charges

Plymouth County Massachusetts Child Pornography Defense Attorney

More and more you read about people getting charged with some sort of Child Pornography Crime in Massachusetts. Law enforcement officials seem to be more dedicated to patrolling the internet to catch offenders. Most police departments now have computer crimes units. Many district attorneys offices units dedicated to the prosecution of internet crimes, particularly those involving Child Pornography. The Massachusetts Attorney Generals office has an excellent unit devoted to prosecuting these cases. Defending these crimes requires a certain degree of computer forensic knowledge. As a Massachusetts Criminal Defense Lawyer who defends many Child Pornography related allegations I recommend engaging the services of a computer forensics expert who can investigate the viability and accuracy of the charges and who can also educate the defense attorney on the strengths and weaknesses of the district attorney's case. As with any crime, these cases can be successfully defended.

Continue reading "Marshfield Massachusetts Man, 61 Charged With Possession And Distribution Of Child Pornography" »

This past Saturday Alvaro Poncedeleon of Marlborough, Massachusetts was charged with Open and Gross Lewdness, Assault and Battery, Assault with Intent to Commit Rape and Indecent Assault and Battery on a Person Over 14. He is currently being held without bail. It is alleged that the defendant, who knows the woman pulled down his pants and exposed himself. He then pulled the victim's pants down and forced her to touch him. There is no date associated with the incident, rather the article states that this happened recently.

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http://www.metrowestdailynews.com/news/policeandfire/x1602636126/Police-Marlborough-man-arrested-for-attempted-rape

Massachusetts Rape Defense Lawyer

If the facts of this article are accurate then the defendant should not be charged with Assault with Intent to Commit Rape. That crime required the district attorney to prove beyond a reasonable doubt that the defendant not only committed an assault on the victim but that he had the intent to rape her while doing so. Here, there is no indication that the defendant intended to rape the women. The act of making her touch his penis satisfies the element of indecent assault and battery but does not show an intent to rape. There is a potential twenty year state prison sentence for anyone convicted of this crime. From the perspective of a Massachusetts Rape Defense Lawyer I find it troubling that there was a delay in reporting this offense. That typically serves as a basis of a defense and often time implicates an illicit motive on the part of the complaining witness.

Continue reading "Massachusetts Man Charged With Assault With Intent To Rape, Indecent Assault And Battery" »

Richard Cloutier of Salisbury, Massachusetts has been charged with Failure to Register as a Sex Offender. The Newburyport News reports that Cloutier who is a Level 3 sex offender was arraigned yesterday on these charges. Police were investigating reports of a man exposing himself on Salisbury Beach. Apparently there have been several complaints of a man in his forties exposing himself to people, mostly women and running away after the act. During the investigation police discovered Cloutier and arrested him for his failure to register. Bail was set at five thousand dollars. Cloutier was convicted of Open and Gross Lewdness in 1994 and Indecent Assault and Battery on a Person 14 Years or Older in 1991. In 2007 he was charged with Failing to Register as a Sex Offender. He pleaded guilty and was sentenced to two years in the house of correction. There is currently no indication that Cloutier is the person who has been exposing himself on Salisbury Beach.

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http://www.newburyportnews.com/local/x1910029866/Sex-offender-arrested-links-to-lewd-behavior-investigated

Newburyport Massachusetts Sex Offense Defense Attorney

Massachusetts General Laws Chapter 6 Section 178P makes it a crime to if you fail to register as a sex offender. This offense is a felony. Judges can sentence anyone convicted of this law for up to five years in state prison. There is a minimum sentence of six months associated with a conviction. Inasmuch as this is Cloutier's second offense there is a possibility that this case will be prosecuted in the Essex County Superior Court.

Continue reading "Salisbury Man Charged With Failing To Register As A Sex Offender" »

The Brockton Enterprise reported today that George Lunt of Plymouth, Massachusetts has been charged in Massachusetts Federal Court with two counts of Transportation of Child Pornography and One Count of Possession of Child Pornography. The indictment reflects incidents alleged to have occurred in November of 2008 and January of 2009. The article provided no detail of the criminal activity nor were there any detailed press releases.

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http://www.enterprisenews.com/news/cops_and_courts/x1621115924/US-attorney-brings-child-pornography-charges-against-Plymouth-man

Massachusetts Child Pornography Defense Lawyer

Transporting Child Pornography and Possessing Child Pornography are Federal Crimes proscribed by 18 U.S.C. Section 2252A. The law prohibits Receiving Child Pornography, Distributing Child Pornography and Reproducing Child Pornography. It makes no difference whether the material is physically in a person's possession or on his or her computer. Transportation of Child Pornography under this statute carries a five year minimum sentence and a maximum of twenty years. Possession of Child Pornography carries no minimum and up to ten years in prison. There are affirmative defenses to these charges. If the person portrayed as a child was actually an adult at the time the material was produced no crime has been committed. The article makes no mention of the facts of the acts George Lunt is alleged to have committed.

Continue reading "Plymouth Man Charged With Transportation Of Child Pornography In Massachusetts Federal District Court" »

On April 29, 2010 the manager of a local storage company contacted the Framingham Police to report an incident. He stated that around 6:30 p.m. an employee heard his wife tell someone that they could not urinate on the outside of the business property. The offender then turned towards the woman, penis in hand. She complained. He responded that if she was offended then to stop looking. A male employee then attempted to confront the man who by that time was sitting in his SUV. The driver of the SUV, a police officer pointed a gun at him and stated "move it or get shot; you are interfering with the police". The officers being accused are Scott Brown and Lenny Pini. Apparently the storage facility manager provided police with security videos.

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http://www.metrowestdailynews.com/news/police_and_fire/x88774638/Framingham-cop-accused-of-gun-threat

Assault by Means of a Dangerous Weapon Lawyer Massachusetts

Massachusetts General Laws Chapter 265 Section 15B states that anyone who assaults someone with a dangerous weapon is guilty of a felony and faces up to five years in state prison. To proved someone guilty of this offense the district attorney must prove that the accused used "an outward demonstration of force" and that he or she had the "apparent ability to injure" the victim. Certainly brandishing a gun alone would satisfy the elements of the offense. That, coupled with a verbal threat makes the prosecutor's case even easier to prove. The surveillance videotape provides an interesting twist to this case. If the video is clear and corroborates the witnesses' account of the crime the officers are in trouble. If however it is not so clear and tends to show exaggeration on the part of the manager this case becomes more defensible.

Continue reading "Framingham Police Officers Being Investigated For Assault With A Firearm" »

Enrique Lopes of Quincy, Massachusetts has been charged with Indecent Assault and Battery. According to reports Lopes groped a woman at the UMass Boston T station in Dorchester last week. Another person said that Lopes engaged in similar conduct towards another woman however that woman left before police arrived. The case is pending in the Dorchester District Court. Bail was set at two thousand dollars cash.

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http://www.patriotledger.com/news/cops_and_courts/x457996615/Man-charged-with-indecent-assault-and-battery

Dorchester Indecent Assault and Battery Defense Lawyer

The crime if Indecent Assault and Battery in Massachusetts is a felony punishable by up to five years in state prison. As a practical matter most of these cases are prosecuted in the District Court where the maximum punishment is two and one half years in the house of correction. For the most part charges against first time offenders are continued without a finding. This eliminates the risk of having to register as a Sex Offender through the Massachusetts Sexual Offender Registry Board. In cases like this one, assuming Lopes does not have a criminal record a Massachusetts Criminal Lawyer should be able to get this case continued without a finding. However, I would expect as a condition of this disposition the defendant would have to undergo some sort of counseling. Regardless, Lopes needs to hire an experienced lawyer.

Continue reading "Quincy Man Who Groped Woman At T Stop Charged With Indecent Assault And Battery" »

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.

Read Article:

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" »

This past Sunday Christopher Brunet of Lincoln, Rhode Island was arrested. He has been charged with Rape of a Child, Child Enticement and Assault of a Child With the Intent to Commit Rape. The victim is the nine year old daughter of an acquaintance. Apparently the child complained to her mother of having stomach pains. She was taken to a local hospital where medical personnel determined that she had been sexually assaulted. The incident was reported on April 10, 2010 after which an investigation began. Prosecutors stated that this is not the first time that Brunet has been accused of sexually assaulting a child however the defendant has no criminal record. Bail was set at twenty five thousand dollars in the Framingham District Court. The case will be prosecuted in the Middlesex Superior Court in Woburn.

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http://www.metrowestdailynews.com/news/x53548709/R-I-man-charged-with-raping-9-year-old-girl

Massachusetts Sexual Assault Defense Lawyer

Massachusetts Rape Defense Lawyer

Defending Child Rape Cases in Massachusetts presents perhaps the most difficult for a Massachusetts Criminal Defense Lawyer. Even though our laws state that a person is presumed innocent the mere allegation of the sexual abuse of a child creates alarm among perspective jurors. It is natural for anyone to ask the question "why would a child make something like that up?" Over the course or my career I have encountered many reasons. At times the allegations stem for parental pressure during custody battles. Sometimes, after medical attention discloses the abuse innocent people are accused, usually by a parent, to deflect attention from themselves, a spouse or partner who is in fact responsible for the crime. A good lawyer will investigate these and countless other possibilities when defending a wrongly accused client. In cases like this, the investigation can make the difference between a conviction and acquittal.

Continue reading "Charges Filed in Framingham Against Man Who Allegedly Raped Nine Year Old Girl" »

Robert Colpitts was convicted in 1987 of Indecent Assault and Battery on a Child Under the Age of Fourteen. At that time he was eighteen years old. Now, at the age of forty one Colpitts is obligated under the Massachusetts Sex Offender Registry Laws to register as a sex offender. Authorities claim that he did not. Consequently, he has been charged with Failing to Register as a Sex Offender. Bail was set in the amount of one thousand dollars in the Marlborough District Court. Inasmuch as this is not the first time this happened Colpitts is being charged with a Subsequent Offense. Court records indicate that he was convicted of this crime back in 2005.

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http://www.metrowestdailynews.com/news/police_and_fire/x905415595/Police-Sex-offender-fails-to-register-in-Marlborough

Massachusetts Sex Offender Registry Laws

Massachusetts General Laws Chapter 6 Section 178H requires anyone who has been convicted of certain Sex Crimes in Massachusetts to register as a sex offender. There is also a requirement that the offender verify registration at certain times and provide notice of any change of address. Failure to do so subjects an offender to six months in the house or correction and up to five years in state prison if convicted for a violation of this law. Second and subsequent offenders face a five year minimum state prison sentence. That crime must be prosecuted in the Superior Court. Here, if the prosecution does not break the case down to a first offense it must indict to the Middlesex Superior Court in Woburn where Colpitts will be prosecuted. These laws are very unforgiving and require the services of an Experienced Massachusetts Sex Offense Lawyer.

Continue reading "Convicted Sex Offender Charged With Failing To Register As A Sex Offender In Marlborough District Court" »