Massachusetts Criminal Defense Attorney Blog

Rong Zhang was arrested at her Billerica, Massachusetts apartment and charged with Prostitution after police investigated incidents leading them to believe that she was running a prostitution ring from her home. The investigation started when neighbors complained about an unusual volume of activity at Zhang's home. Apparently men would enter the property and leave about one half hour later. Police began watching the apartment and confronted a man they saw leave and enter Zhang's home. The man said that he had responded to an add for a massage. Armed with that information the police, acting in an undercover capacity arranged for a massage of their own. When the officer entered the home he saw Zhang wearing seductive clothing. She started to negotiate fees for sexual acts. The officer then placed her under arrest. The case is pending in the Lowell District Court. Zhang has been charged with Sexual Conduct for a Fee.

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http://www.lowellsun.com/local/ci_14503995

Lowell Prostitution, Sex For a Fee Lawyer

Provided Zhang has no criminal record it is likely that she will get out of this mess without a criminal record. First offense prostitution cases are either dismissed or continued without a finding. Hiring an experienced criminal defense lawyer in this area can help to secure such a result. The crime is a misdemeanor carrying a maximum one year jail sentence and no minimum sentence. The act does not have to occur for the prosecution to get a conviction. Zhang was released on her own recognizance suggesting that she has either no criminal record or a very insignificant history.

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Paul Robinson of Rockland, Massachusetts was arrested last week after employees of a Dunkin' Donuts reported that he had exposed himself to them several times since last October. Apparently the manager of the store had reported the activity days before the arrest but no one was able to locate the suspect. Later, Robinson was found near the store. He was questioned and subsequently identified by store employees through photographs as the person who had exposed himself. Robinson was arrested and faces several counts of Open and Gross Lewdness. The case will be prosecuted in the Hingham District Court.

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Massachusetts Man Who Exposes Himself Several Times Charged In Hingham

Open and Gross Lewdness in Massachusetts

Open and Gross Lewdness in Massachusetts is a crime in accordance with Massachusetts General Laws Chapter 272 Section 16. The law states that "[a] man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars." This is a felony and a conviction could result in consequences before the Sex Offender Registry Board (SORB). In order to convict someone for Open and Gross Lewdness the district attorney must prove that the accused intentionally exposed genitals, breasts, or buttocks, that he or she did so openly or with reckless disregard of public exposure in a manner so "as to produce alarm or shock"; and the action actually shocked one or more persons. Flashing in the manner described in this article can at times satisfy the elements of this offense.

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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.

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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.

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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.

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According to the Metrowest Daily News two men were arrested Sunday in Framingham, Massachusetts and charged with Rape. One of the men, Oscar Irigoyen is an adult who resides in Florida. The other is sixteen years old. He is currently being charged as a juvenile and as a consequence his name has not been released. The report states that on Sunday police were called to an apartment around 6:30 p.m. Nearly one hour after they arrived they arrested Irigoyen and the unnamed juvenile. Irigoyen has been charged with Rape by Force, Indecent Assault and Battery, Possession of a Dangerous Weapon, Intimidation, of a Witness and Being a Minor in Possession of Alcohol. It is alleged that there are two victims, one of whom is a minor. Apparently one of the victims wanted to leave the apartment earlier in the evening but stayed when the other refused to leave. The district attorney is looking to detain Irigoyen on Dangerousness grounds. The case will likely be prosecuted in the Middlesex Superior Court in Woburn, Massachusetts.

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Two Charged With Rape, Related Sex Crimes In Framingham Court

This article leaves much information blank that a Framingham, Massachusetts Rape Defense Lawyer would need to know in order to start preparing a defense of this case. What specifically happened at that apartment. Did any neighbors hear any noises, screams or see anything that would corroborate the complainants allegations. Why did it take the police nearly an hour to arrest the defendants. Is there any physical evidence that supports the complaints. What if anything did the defendants say. Why did one of the complainants want to leave while the other wanted to stay. Rape Cases in Massachusetts can be difficult for district attorneys to prove. Many times it is the word of one person against the word of another and absent strong evidence corroborating the complainants story the chances of acquittal are strong.

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The Quincy Patriot Ledger reports that Adnan K. El-Amine has been charged with three counts of Indecent Assault and Battery and one count of Assault and Battery from an attacked that is alleged to have occurred two years ago. Authorities claim that the Sexual Assault occurred on December 1, 2007 in Duxbury, Massachusetts. The case is being prosecuted in the Plymouth District Court. El-Amine was released on his own recognizance.

Any Massachusetts Criminal Attorney will immediately ask why it took two years for the criminal complaint to issue. Is the delay the responsibility of the police, the district or the alleged victim. Most likely the alleged victim waivered on whether or not make a complaint. If that is the case then this person's credibility will certainly be impacted at trial. Keep in mind, these are very serious charges. An Indecent Assault and Battery in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 265 Section 13H. Jurisdiction lies in both the district court and the superior court however if convicted in the district court the maximum sentence that can be imposed is two and one half years in the House of Correction. People convicted of this crime face consequences of registration before the Massachusetts Sex Offender Board. So I would think that given the severity of these charges a complaint would have issued shortly after the alleged acts occurred.

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The Lawrence Eagle Tribune reported today that Paul Arlit of Lawrence, Massachusetts has been charged with Rape of a Child under the age of sixteen. Apparently the case came to light when a therapist told the police about a Sexual Assault involving Arlit and a fourteen year old girl. The assault is said to have occurred several weeks ago. It is alleged that Arlit and the girl were in his basement where he touched her inappropriately and asked her to perform a sex act. The police report suggested that Arlit admitted to having committed some criminal activity of a sexual nature involving the girl and to having smoked Marijuana with her. Bail has been set at five thousand dollars cash.

The article fails to specify whether or not the charge is Rape of a Child With Force or simply Rape of a Child. The latter version of this crime is also known as Statutory Rape. Both Rape and Statutory Rape in Massachusetts carry potential life sentences. These cases are felonies and they are prosecuted in the Superior Courts. As a Lawrence, Massachusetts Rape Defense Lawyer in this case I would like to know who made the disclosures to the therapist and in what context the statements were made. The rules of evidence have different applications when the victim made the statements or the defendant makes the disclosure. Excluding these statements often makes successfully defending the case before a jury easier.

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Nelson Nunez of Lynn, Massachusetts is currently being held in the Essex County Jail in Middleton on a cash bail of twenty thousand dollars. Nunez has been charged with Indecent Assault and Battery, Assault With a Dangerous Weapon and Assault With the Intent to Commit Rape. According to reports, on August 22, 2009 Nunez tried to rape his forty three year old girlfriend as he took off her clothes at knifepoint. The victim fought with Nunez and ran away calling for help after she freed herself. At that time the two had been in a relationship for over one year. Police stated that when they came into contact with the woman she had red marks and bruising around her neck. These cases are Felonies in Massachusetts.

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$20,000.00 Bail For Lynn Man Who Tried To Rape Girlfriend

In cases like this the fact that Nunez and the woman had a longstanding relationship often becomes a critical aspect of the defense. If they had a consensual sexual relationship a Massachusetts Rape Defense Lawyer might want to know what purpose would brandishing the knife serve. Was there truly an attack or was the report fabricated as a result of some dispute between the parties and the woman's efforts to gain control of sorts in the relationship. What were the marks on the woman, if any consistent with. What statements has the woman made since the act that may suggest she is not being truthful. A thorough investigation is often the springboard for a successful defense. Defending Rape Cases in Massachusetts requires the expertise of an Experienced Criminal Defense Lawyer who has defended Sexual Assault Crimes and one who knows how to investigate such allegations.

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Last Friday the Massachusetts Supreme Judicial Court reversed a conviction for Attempted Rape of a Child. The facts of the case, Commonwealth v. Kerry Van Bell are as summarized as follows:

The defendant was the target of a sting investigation. An undercover police officer posed as a prostitute offering her foster child for sexual services to Van Bell. The officer called the defendant. The two agreed to meet. The officer was supposed to bring with her the child. The meeting transpired at a convenience store. No child was present. The officer asked for some money. The defendant refused to pay without seeing the child. Detailed negotiations followed. The office gave the child's location and a fee of two hundred dollars was negotiated. Backup officers were then contacted and the defendant was arrested as he was driving out of the parking lot of the convenience store. Van Bell admitted to police that he had negotiated to have sex with a five year old girl. He was convicted of several crimes, one of which was Attempted Rape of a Child.

Van Bell appealed his conviction to the Massachusetts Supreme Judicial Court. The conviction was reversed. The Court held that the prosecution failed to present sufficient evidence to show the Van Bell engaged in an "overt act", an element of the Crime of Attempt in Massachusetts. To be convicted of an Attempt in Massachusetts the prosecution must prove beyond a reasonable doubt 1) specific intent, 2) an overt act and 3) nonachievement of the crime. An overt act must "come near enough to the accomplishment of the substantive offence to be punishable." In this case the overt act was not legally established by the district attorney. Here is some of the reasoning. The defendant had never seen the child. He did not know the exact location of the child. He never followed the officer to the child's location and he never paid for the services. To satisfy this aspect of the statute there is a need to prove that the defendant was very near to the actual commission of the crime.

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Alan Greco is sixty two years old. The Massachusetts resident was convicted of several counts of Possession of Child Pornography yesterday in the Newburyport District Court. According to reports Greco was receiving Child Pornography in the mail from a distributor located in California. A database found in the distribution center listed Greco as a customer who had ordered several movies. Greco was arrested when an undercover official posing as a postal worker delivered Child Porn to Greco at his home. The defendant's home was searched after his arrest. Several hundred videos depicting acts of child pornography were found in his home. Grecon denied having sex with minors. As part of his sentence Greco will be on probation after his release, must register as a sex offender and undergo treatment and counseling.

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Child Pornography Charges Land Massachusetts Man In Jail

Possession of Child Porn in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 272 Section 29C. The district attorney can prosecute this case in either the district court or the superior court. As with any district court felony case there is a maximum two and one half year house of correction that can be imposed. In the superior court these charges can result in a five year state prison sentence. The imposition of jail time for first offenders in child porn possession cases is considered a high sentence by many. Often times convictions for this offense result in probation. Sex Offender Registry Board consequences are inevitable regardless of the sentence.

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Manson Brown was serving a seven to ten year sentence at the Old Colony Correctional Facility in Bridgewater, Massachusetts. He was scheduled to be paroled in 2012. This past Friday Brown escaped from the prison sometime in the early evening hours, just after dark. In 2005 Brown was convicted of home invasion and robbery. However he was recently indicted on rape charges in the Middlesex Superior Court in Woburn stemming from a 1996 attack in Cambridge. Brown last lived in the Mattapan section of Boston. Reports from the Plymouth County Sheriff's Office suggest that Brown may have escaped during a cigarette break. Other sources state that the escape was from the kitchen.

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Man Facing Rape Charges In Massachusetts Escaped From Prison

The crime of Escape in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 268 Section 16. A conviction for this crime is punishable by up to ten years in state prison. This however seems to be the least of Mr. Brown's problems. It is believed that Brown's escape attempt was motivated by the recent rape and home invasion indictment. Local media outlets have suggested that DNA testing linked Brown to the thirteen year old rape. A conviction for Home Invasion in Massachusetts carries a minimum mandatory twenty year state prison sentence. If convicted of this crime alone Brown would not be paroled until he was in his mid 70's.

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The Brockton Enterprise reported last week that Terrico Burnett of Middleboro, Massachusetts was arrested in connection with an incident that occurred on Halloween night. According to the article, the alleged victim, an acquaintance of Burnett's complained of being Raped and Assaulted by the defendant. Nothing further was reported about this matter.

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Rape And Assault Charged Against Middleboro Man

It always amazes me when media outlets report no more than general unspecified allegations about reported criminal activity. In this case the report suggested that Burnett was being held without bail at the Plymouth County Correctional Facility pending his arraignment. I immediately wonder why. The act purportedly occurred on October 31, 2009. The victim was an acquaintance. There is no suggestion that Burnett's whereabouts were an issue. You would think that in Massachusetts a violent act such as Rape would trigger an immediate arrest particularly where the identity of the perpetrator is known. As a Massachusetts Rape Defense Lawyer who has represented defendants in Plymouth County I would want to know what took so long to report the incident. If the matter was reported immediately what took so long to go out to arrest Burnett. Where there any witnesses who heard or saw something corroborative of the complainant's story. What physical evidence links the defendant to this crime.

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The Essex County District Attorney's Office has just indicted two Lynn, Massachusetts men for Sex Crimes Charges. Carlos Gabriel was indicted for Rape of a Child or Statutory Rape for incidents involving a fifteen year old girl from July through September of this year. Authorities allege that Gabriel who is twenty five years old had sex with the underage girl eight times over the summer. If convicted Gabriel could be sentenced to life in prison.

In an unrelated matter Nelson Nunez of Lynn has been charged with Assault With Intent to Rape, Assault by Means of a Dangerous Weapon, and Indecent Assault and Battery. Prosecutors claim that on August 22, 2009, at knifepoint Nunez assaulted a woman, demanded sex from her and pulled off her clothes. Nunez faces up to twenty years in state prison if convicted of these offenses.

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Rape Related Charges Filed Against Lynn Massachusetts Men

These two cases show some of the great disparity inherent to Massachusetts laws. The article suggests that Gabriel and the victim engaged in consensual sexual acts. The law in Massachusetts and most other states makes clear that consent is not a defense to the charge of Statutory Rape. However, a potential life sentence for these acts seems quite unreasonable when compared to the situation involving Nunez. His acts, if committed as reported were violent and committed with force. The maximum sentence he faces is significantly lower than the maximum sentence Gabriel is looking at. This is why having an Experienced Massachusetts Rape Defense Lawyer is of paramount importance in cases like these. Defendants like Gabriel and Nunez need a Massachusetts Criminal Defense Lawyer who can either successfully try these cases or work out the most just resolution.

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Jorge De Souza Abrahao was arrested late last week after a woman complained that the Hudson, Massachusetts man raped her as she slept at her boyfriend's apartment. The defendant is a relative of the victim's boyfriend. The woman told police that she awoke to find Abrahao in bed with her, violating her as she slept. She pushed him off and called the police. The police obtained a search warrant for Abrahao's apartment. He was later found at his place of employment in Framingham where he was arrested. Abrahao was Charged with Rape and held on five thousand dollars in the Marlborough District Court. The case will be presented to a grand jury for indictment and prosecution in the Middlesex County Superior Court in Woburn.

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Massachusetts Man Charged With Raping Sleeping Woman

The nature of the alleged rape in this case is not detailed by this article. Rape in Massachusetts is committed when there is any non-consensual penetration of a woman's vagina by a finger, mouth, penis or other object. It can also occur when a woman is forced to perform oral sex on the defendant. While reading this article I wonder what exactly did the woman say Abrahao was doing to her. How did he manage to enter her home and bed undetected and then engage in this act. I would think that if the facts of this case were as egregious as the article seems to indicate then a bail much higher than five thousand dollars would have been imposed. There are countless defenses to cases such as this one that an Experienced Massachusetts Rape Defense Lawyer can use to defend his client. Hopefully the defendant in this case has engaged that person.

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