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" »

Justin Legault and Corey Douglas of Lynn, Massachusetts and Steven Piazzo of Saugus, Massachusetts have all been charged with Breaking and Entering in the Nighttime with the Intent to Commit a Felony and Larceny. According to the Lynn Item the three broke into a liquor store on Western Avenue and stole some bottle of vodka. Police were called to the scene around 2:00 a.m. Tuesday. They found Piazza and Douglas covered with soot, consistent with the fact that the liquor store had been partially destroyed by fire previously. Witnesses saw Piazza drop a duffel bag. When the police located the bag they found inside four vodka bottles. The bottles were smoke damaged. This case will be prosecuted in the Lynn District Court.

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Essex County Criminal Defense Lawyer, Breaking and Entering, Larceny

Lynn, Massachusetts Burglarly Lawyers

Absent any prior criminal history none of these men should have a criminal conviction from this case. The case, while serious is one for which district attorneys and judges tend to show some compassion. Most of the time cases like this one are continued without a finding. This leaves the defendant with a record that courts can access in the event a defendant gets in trouble again. It informs the parties that the person got a break on a previous case. The Breaking and Entering charge carries a possible twenty year prison sentence. It is a Felony in Massachusetts. The Larceny charge is also a felony carrying with it a maximum five year state prison sentence.

Continue reading "Teens From Lynn, Saugus Charged With Breaking And Entering, Larceny" »

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" »

The Massachusetts Attorney General's Office has indicted Diane Thistle, 63 of Beverly, Massachusetts alleging that the former hospital secretary stole over two hundred thousand dollars. The prosecution alleges that Thistle was taking cash from the hospital cafeteria. She would then use other funds intended to pay the cafeteria catering to replace the money she had taken. The hospital cancelled its contract with the catering company last year. When the hospital and the catering company went to settle their accounts the latter found discrepancies that led to both parties to Thistle. Thistle has been charged with Larceny by Single Scheme by an Essex County Grand Jury. She will be arraigned in the Essex County Superior Court in Salem towards the end of the month.

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http://www.salemnews.com/local/x383291223/Secretary-indicted-in-200K-theft

Salem, Massachusetts Larceny By Single Scheme Defense Lawyer

Larceny by a Single Scheme in Massachusetts can be a felony or a misdemeanor. Where the amount stolen exceeds two hundred fifty dollars the crime is a felony. It is punishable by up to five years in state prison. Massachusetts law defines Larceny by Single Scheme as successive takings that are actuated by a single, continuing criminal impulse or intent or are pursuant to the execution of a general larcenous scheme, regardless of the extent of the time which may have elapsed between each taking. Usually the Massachusetts Attorney General's office thoroughly investigates these cases prior to indictment. The prosecution of these cases is supported by corroborative paperwork such as checks, ledgers, payment vouchers and various items associated with bookkeeping. Defending these cases usually involves substantial plea negotiations with the prosecution and at times a judge. Trial is always an option provided there is a viable defense to the allegations such as mistake or coercion. The defendant in this case should quickly engage a Massachusetts Criminal Defense Lawyer to start preparing her defense.

Continue reading "Beverly Woman Indicted For Larceny By Scheme After Taking 200K From Hospital" »

According to a Middlesex County District Attorney press release Michael Harrington has been indicted by a Middlesex County Grand Jury for Larceny Over $250, Larceny of Firearms and Receiving Stolen Property. Harrington, the Westford, Massachusetts Animal Control Officer was arrested on these charges last week. He became a suspect shortly after Westford School Department Maintenance personnel believed that tools, guns and expensive equipment had been disappearing from the office. In April authorities repositioned surveillance and confirmed that Harrington had taken some equipment valued in excess of $250. Upon questioning Harrington stated that the guns, eleven of which were missing were in his office stored properly. A search of his office disclosed otherwise. On April 9, 2010 police arrested Alberto Ramos of Lowell for Carrying a Firearm. It turns out that this gun was one of the missing guns. Harrington is being held on five thousand dollars cash bail. This case will be prosecuted in the Middlesex County Superior Court in Woburn.

Read Press Release:

http://www.middlesexda.com/press-release-archive/animal-control-officer-indicted-for-larceny-of-guns-and-equipment-arraigned-in-ayer-district-court-on-gun-charges/

Massachusetts Gun Possession Lawyer

Middlesex County Larceny Defense Lawyer

Both the Larceny and Receiving Stolen Property cases are felonies in Massachusetts the way they are being charged. In an of themselves these cases are serious but the suggestion that Harrington was selling or somehow distributing the firearms gives Harrington additional problems. Often times in cases like this one plea bargaining is the best if not only way to avoid a significant amount of jail time. Understandably, the district attorney will want to know where the other ten guns are. Harrington might be able to lessen the sentence he faces by cooperating and providing law enforcement with the information to retrieve these weapons. Regardless, he needs to Hire an Experienced Massachusetts Criminal Defense Lawyer.

Continue reading "Westford Massachusetts Animal Control Officer Charged With Larceny Of Firearm, Receiving Stolen Property" »

Brandon Payne of Lynn, Massachusetts was arrested last week and charged with the Attempted Murder of Elder Palma. He joins co-defendants Earl Damico and Darkens Bonnett, also charged in connection with last week's shooting. Payne is also facing charges of Possession of a Firearm, Possession of Ammunition, Breaking and Entering in the Nightime, Receiving Stolen Property Valued in Excess of $250 and Possessing a Firearm in During the Commission of a Felony. The case is currently pending in the Lynn District Court but it is expected that this case will be prosecuted in Salem in the Essex County Superior Court. It is expected that Payne will be held without bail as is the case with Damico and Bonnett.

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Essex County Massachusetts Firearms, Violent Crimes Lawyer

Boston, Massachusetts Felony Defense Lawyer

Massachusetts General Laws Chapter 265 Section 18B states that anyone who possesses a firearm during the commission of or attempted commission of a felony is guilty of an additional offense, requiring a mandatory minimum five year state prison sentence. If the weapon is a large capacity weapon there is a ten year minimum mandatory sentence. Judges are not permitted to suspend these sentences nor can they place the defendant on probation. This statute gives the district attorney a significant advantage during the plea bargaining process. In exchange for them dropping this charge they will at times offer a reduced sentence on a plea to the other charges. This provides them with great leverage early on.

Continue reading "Arrest Made In Connection With Shooting In Lynn, Suspects Charged With Attempted Murder, Gun Possession" »

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" »

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.

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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.

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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.

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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.

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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.

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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.

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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" »