Massachusetts Criminal Defense Attorney Blog

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.

Read Article:

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" »

Authorities allege that Michael Fitzpatrick of Malden assaulted an Arlington woman at gunpoint in the Dock Square garage yesterday at 1:00 in the afternoon and took off in her SUV. Apparently this incident was witnessed by two other women who sheltered the victim and got her out of the garage. Fitzpatrick made his escape from the garage by driving through the gate. He later drove into a taxi cab fleeing that scene as well. Fitzpatrick got into another accident in the North End and was apprehended shortly thereafter. A loaded firearm was recovered at the scene and Fitzpatrick was positively identified by the first victim. At arraignment it was learned that the defendant had been drinking a half gallon of vodka per day. This case is being prosecuted in the Boston Municipal Court. Fitzpatrick also has a case pending in the Quincy District Court.

Read Article:

http://www.boston.com/news/local/breaking_news/2010/02/man_arrested_af_5.html

Massachusetts Carjacking Lawyers

The law on Carjacking in Massachusetts is set out in M.G.L. ch. 265 Secton 21A. It states that anyone who steals or tries to steal a motor vehicle by putting a person in fear or by assaulting the person is guilty of Carjacking, a felony. If the crime is committed with a firearm there is a minimum mandatory five year state prison sentence that must be served. Given his criminal history and the nature of this offense it is likely that the district attorney will be looking for Fitzpatrick to serve some serious state prison time. A possible defense or certainly a mitigating factor is the quantity of alcohol that the defendant had ingested at or near the time of the crime.

Continue reading "Malden Man Charged With Carjacking In Boston Municipal Court After Taking SUV At Gunpoint" »

Yesterday morning at about 9:30 a local taxicab driver called 911 claiming that he had been robbed at gunpoint. The complainant stated that he picked Shayne Sullivan up at his home on 256 Market Street, drove him to an address on Pawtucket Boulevard and then back to 256 Market Street. Sullivan supposedly paid the driver then placed a gun against his head and stole from him some money. When police responded and located Sullivan they were told that he had made some threatening statements. Consequently the SWAT team was called to the scene. Sullivan was apprehended. He was charged with Armed Robbery on a person over sixty years old. The case is pending in the Lowell District Court.

Read Article: http://www.lowellsun.com/ci_14447660

Lowell Criminal Defense Lawyer Robbery Cases

Armed Robbery is a felony that carries with it a possible life sentence. Many times robbery cases are reduced to Larceny so that the case can be prosecuted in the district court. This occurs when the district attorney believes that there can be a fair resolution of the case can be reached without having to send the defendant to state prison. The gravity of the defendant's actions, the impact to the victim and mental health concerns are some factors that can prompt the prosecutor to reduce the charges. Here, the gun was not real, the victim was not physically injured and the defendants' irrational actions (i.e. robbing someone in front of his own home) suggest the possibility that this case might not be indicted.

Continue reading "Lowell Man Suspected Of Robbery Arrested With Help Of SWAT Team" »

Eugenio Echevarria and Franklin Echevarria have both been charged with Robbery after a deal for the purchase of tire rims went bad. According to reports, the victim is a nineteen year old Brockton man who had agreed to buy the rims from the Echevarrias. The three met and agreed to a price of nine hundred fifty dollars. The victim then left to get some money. When he returned he got into the defendants car. A gun was placed to his head, his money was stolen and he was ordered out of the car. Police arrived, located the defendants and found the money. No firearm was located. The Echevarrias have been charged with Armed Robbery. The case is pending in the Quincy District Court.

Read Article: http://www.enterprisenews.com/news/cops_and_courts/x814065553/Two-charged-with-robbing-Brockton-man-in-Quincy

Quincy, Massachusetts Armed Robbery Cases

Cases like this one are often defended successfully by Experienced Criminal Defense Lawyers in Massachusetts. There appears to be much more to this case than has been reported by the purported victim. If the Echevarrias had robbed this man and believed they were going to be apprehended they would do much more than get rid of the gun. They would have gotten rid of the money as well. There is no evidence other than the word of the victim that a crime occurred. Perhaps he regretted the deal he got himself into and this is how he intends to get his money back. This is a great case to defend and it would not surprise me to see the defendants get acquitted. This does not look like a true Massachusetts Armed Robbery Case.

Continue reading "Quincy, Worcester Men Charged With Armed Robbery Of Brockton Man" »

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.

Read Article:

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.

Continue reading "DNA Evidence Leads Police To Suspect In Unsolved Breaking And Entering Cases" »

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.

Read Article:

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.

Continue reading "Canadian Man Facing Identity Theft, Larceny Charges In Quincy" »

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.

Read Article:

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.

Continue reading "Three Arraigned In Lynn District Court On Charges Of Robbery, Kidnapping, Carrying A Firearm" »

Boston.com reported yesterday that the Massachusetts Attorney General's Office indicted six people in what has been called an "elaborate" Mortgage Fraud Scheme. Charged in this case are Joshua Brown of Brockton, Massachusetts, Linda Defeo of Springfield, Bruce Namenson of Walpole and Brian Arrington of Boston. The Defendants from out of state are Brian Frank of New Hartford, New York and John Sweetland of Yorba Linda, California. Brown, Frank and Sweetland have been identified as real estate investors who fraudulently obtained loans from which they profited to the tune of two million dollars. Defeo and Arrington are mortgage brokers who submitted false loan applications to secure financing. Namenson is a former attorney whose role in the conspiracy centered on falsifying closing documents. The case is being prosecuted in the Suffolk Superior Court. Larceny Over $250 is a count common to all defendants. There are an aggregate two hundred forty one counts of this crime in this case.

Read Article:

Mortgage Fraud Indictments Brought In Boston Against 6

Crimes like this are often difficult for prosecutors to prove absent some sort of cooperation from one or more of the conspirators. Without that assistance these cases are proved through paper trails that are typically voluminous and tough for juries to follow. These trials can be lengthy, tedious and costly. For this reason, many of these cases are resolved through plea bargaining and if restitution is made there are many instances where the "lower level" conspirators resolve their cases without jail time provided they can make restitution.

Continue reading "6 Indicted In Suffolk County Massachusetts For Mortgage Fraud Scheme" »

Krysty Sampson of Abington, Massachusetts was awakened Thursday morning by a man standing at the foot of her bed, carrying a knife and demanding money. Apparently Ms. Sampson chased the intruder from her home and down the street. A neighbor witnessed these events and called the police. Ms. Sampson's yell for help during the incident alerted the neighbor to the problem. Police officers responded and noticed a strong odor of marijuana coming from the basement. They investigated and found growing equipment and eighty three marijuana plants. Ms. Sampson's husband was not home at the time however both have been charged with Cultivating Marijuana. The case is being prosecuted in the Brockton District Court.

Read Article:

Possible Possession With Intent To Distribute Marijuana Charges Loom Over Abington Home Invasion Victim

Cultivating Marijuana in Massachusetts is a crime in accordance with Massachusetts General Laws Chapter 94C Section 32C. The law states that anyone found guilty of this crime can be sentenced for up to two years in the house of correction. This crime is a Misdemeanor in Massachusetts meaning that the punishment for the crime itself does not include a state prison option. A Massachusetts Criminal Defense Lawyer with Experience in Brockton Courts might be able to get this case continued without a finding, particularly if the defendants do not have criminal records.

Continue reading "Victim Of Massachusetts Home Invasion Charged With Drug Crime After Responding Police Officers Find Marijuana Plants Being Cultivated In Basement" »

Angel Marmol of Lawrence, Massachusetts is accused of posing as a lawyer and taking money from clients. He promised them he would file their divorce paperwork. Marmol volunteered at the Greater Lawrence Community Action Center. One of its employees reported Marmol's actions to the police after learing that several clients who he met at the agency had complained that he had never filed their paperwork. Marmol was charged with Larceny by Scheme. The total value of the larceny right now stands at over one thousand four hundred dollars. The case will be prosecuted in the Lawrence District Court.

Read Article:

Massachusetts Man Who Fraudulently Holds Himself Out As A Lawyer Charged With Larceny

Larceny by scheme is defined as a series of thefts set in motion by a single criminal intent such that all such takings constitute one single act of larceny. In other words, the district attorney can aggregate the sum of all the thefts so that the total amount rises to the threshhold that makes this crime a felony. So what exactly will happen to Marmol? Assuming Marmol hires a Criminal Defense Lawyer Who Handles Cases in Lawrence, Massachusetts and there are no additional victims the case might be continued without a finding. I would imagine that a condition of this disposition will require Marmol to pay full restitution to the victims. Larceny by Scheme is a Felony in Massachusetts.

Continue reading "Lawence Massachusetts Man Claiming To Be A Lawyer Arrested For Larceny, Fraud" »

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.

Read Article:

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.

Continue reading "Massachusetts Prisoner Serving Time For Home Invasion And Robbery Escapes After Learning Of New Rape Indictment" »

Edwardo Fontes, of Plymouth, Massachusetts, along with John Silva and Vanderlee Fernandes both of Brockton were arrested yesterday in connection with a shooting in Stoughton. It was reported that the three men robbed two others and fled in a car. A witness provided the description of the car and later in the evening the car was stopped in Brockton. No weapons were recovered and no one specified what items were taken from the victims. One of the victims was shot in the leg, the other in the stomach. Each defendant has been charged with Armed Robbery, Assault and Battery by Means of a Dangerous Weapon and Assault with the Intent to Murder. The case is now pending in the Stoughton District Court but will likely be prosecuted in the Norfolk County Superior Court in Dedham.

Read Article:

Gun And Robbery Charges Filed Against Massachusetts Men Involved In Shooting In Stoughton

Cases like this are always interesting to defend. I imagine that whatever happened between the defendants and the victims was a far cry from your typical robbery. Here is why. The police declined to identify what property if any was stolen from the victims. The robbery took place behind a structure suggesting that the parties agreed to meet somewhere out of sight. There is no identification of the person who supposedly made the call to the police nor is it clear that such person actually witnessed the robbery or shooting. This sounds very much like a drug deal gone bad. This might be a difficult case for the district attorney to prosecute. An Experienced Massachusetts Robbery and Assault Lawyer who practices in the Stoughton Court and Norfolk Superior Court might be able to effectively defend the defendants in this case.

Continue reading "Three Massachusetts Men Charged With Robbery, Firearms Offense After Shooting Victims During Theft" »

Prosecutors in Essex County Massachusetts say that Kimberly Mastronardi, a Marblehead resident stole over one half million dollars in a five year period from her employer. It is alleged that she did so by submitting false payroll records in her capacity of bookkeeper of a small plumbing company. Mastronardi's employer got wind of this situation when earlier this year when vendors complained of not getting paid. Earlier this year police were alerted to the company's suspicions. In March Mastronardi was arrested and charged for the criminal activity in the Lynn District Court. Bail has been set at five thousand dollars. This is not Mastronardi's first brush with the law. In 1998 she was arrested on similar charges when an employer claimed that she stole approximately one hundred thousand dollars. She was also employed as a bookkeeper at that time. In 2002 the defendant was convicted of improper use of a credit card out of Salem.

Read Article:

Massachusetts Woman With History Of Theft Accused Of Larceny From Employer

Given the amount of money stolen from the employer I would be surprised if the prosecution of this case remains in the district court. Usually district attorneys indict cases like this one and prosecuted the defendants in the Superior Court. This permits the prosecution to ask for more jail time after a conviction. It also gives a judge discretion to sentence to a county house of correction or state prison. It appears like this case will be indicted as a "larceny by scheme", notwithstanding the fact that there were several larcenies associated with the defendant's conduct. To be convicted of that crime the prosecution must prove that successive takings were "actuated by a single, continuing criminal impulse or intent or are pursuant to the execution of a general larcenous scheme, such successive takings constitute a single larceny, regardless of the extent of the time which may have elapsed between each taking."

Continue reading "Marblehead Massachusetts Woman Charged With Stealing Over $500,000 From Employer" »

The Norfolk County District Attorney's Office has charged Eric Lopez with Indecent Assault and Battery on a Child Under the Age of 14 and Unarmed Burglary. According to reports Lopez and the victim lived in the same apartment building. Lopez purportedly went into the victim's bedroom, took offer her underwear and committed an offensive touching. Apparently the girls' mother was not home during the incident but returned in time to see Lopez leaving the home. The case was reported to the police and Lopez is currently being prosecuted in the Quincy District Court. Bail has been set in the amount of twenty five thousand dollars.

Read Article:

Quincy, Massachusetts Man Charged With Sex Crime, Breaking And Entering

Indecent Assault and Battery on a Child Under the Age of Fourteen is a felony pursuant to Massachusetts General Laws Chapter 265 Section 13B. If the district attorney chooses to indict the case and prosecute it in the Superior Court a conviction can result in a ten year state prison sentence. If the case is kept in the District Court the maximum sentence is two and one half years in the House of Correction. If convicted of this crime Lopez will have to register with the Massachusetts Sex Offender Registry Board (SORB). There are certain dispostions short of trial that might permit Lopez to avoid a conviction and the requirement of registering as a sex offender. The absence of a criminal history, victim credibility issues and good lawyering are factors that will weigh heavily in regard to the outcome of this case.

Continue reading "Massachusetts Man Faces Indecent Assault And Battery Charges" »

Authorities in Hudson, Massachusetts have charged John Resendes with breaking and entering, rape, assault and battery with a dangerous weapon, intimidation of a witness, assault with intent murder, domestic assault and battery, kidnapping and resisting arrest. According to reports at 4:30 in the morning Resendes broke into a woman's, entered her bedroom and assaulted her. The woman was someone with whom Resendes had a relationship. The possible cause of the incident stems from Resendes seeing her with another man earlier in the day. As the woman tried to escape the attack the defendant threw her to the ground and sexually assaulted her. She was able to call 911. The prosecution further claims that Resendes threatened the victim with a knife by holding it against her throat and suggesting that he would kill her. All charges are now pending in the Marlborough District Court. Resendes is being held without bail. The victim refused medical treatment.

Read Article:

Massachusetts Man Charged With Sexual Assault, Kidnapping

In the context of this case all of these charges are serious. The rape charge itself carries a potential life sentence. Factually however this charge is not supported by this article. To be convicted of rape the district attorney must show that the defendant (Resendes) engaged in sexual intercourse, either natural or unnatural with the complainant; and that the sexual intercourse was accomplished by compelling the complainant to submit by force or threat of bodily injury and against her will. Natural intercourse consists of inserting the penis into the female sex organ. Unnatural sexual intercourse includes oral and anal intercourse, including fellatio and cunnilingus, and other intrusions of a part of a person's body or other object into the genital or anal opening of another's body. Either natural or unnatural sexual intercourse is complete on penetration, no matter how slight, of a person's genital or anal opening. In addition to the vagina, the female genital opening includes the anterior parts known as the vulva and labia. Penetration into the vagina itself is not required. The article makes no mention of what acts Resendes committed to satisfy the elements of the crime of rape.

Continue reading "Hudson Massachusetts Man Charged With Breaking And Entering, Rape In Marlborough Court" »