Articles Posted in Bail

Late Monday night members of the Boston, Massachusetts Police Department responded to a call after it was reported that two people had been stabbed. The police arrived at Huntington Avenue to find two Cambridge, Massachusetts residents being treated by emergency medical personnel. The unnamed victims are men ages twenty two and twenty six. The Lynn Item reports that the alleged victims were in a group that was approached by another group who demanded to know where they were from. A fight erupted and the two men who were stabbed and some of their friends entered a taxicab and fled the area. Once police arrived an investigation began. Ultimately, Jose Soriano of Lynn, Massachusetts was identified as the assailant. Bail was set in the amount of twenty five thousand dollars in the Boston Municipal Court. Soriano has been charged with Assault and Battery by Means of a Dangerous Weapon.

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Lynn Massachusetts Criminal Defense Lawyer

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So exactly what is Soriano looking at? Assault and Battery by Means of a Dangerous Weapon in Massachusetts is a violent felony punishable by up to ten years in state prison and a five thousand dollar fine. The crime is codified in Massachusetts General Laws Chapter 265 Section 15(A)(b). The court where this case will be prosecuted depends on the severity of the stabbing and Soriano’s criminal record if any.

As a Massachusetts Stabbing Defense Lawyer I am concerned about the identification process and understanding just how it came about the Soriano was identified by the alleged victims. In Massachusetts the prosecution must prove identification beyond a reasonable doubt. Identification witnesses do not always have an adequate opportunity to view their assailant. Incorrect identifications are made all of the time. It is the duty of the defense attorney to ensure that any tainted identifications are suppressed. It is also the duty of a Massachusetts Criminal Lawyer to make sure that any subsequent “in court” identifications are not suggestive. Sometimes suspects are presented in person to the identification witness. While Massachusetts has approved this procedure it is the least reliable method of identification and the most vulnerable to attack. This article makes me somewhat suspicious about the identification procedure that might have been used. Soriano is from Lynn. It is unlikely that he was identified so quickly from a photographic array in that the arrays would likely contain photos of Boston men. This procedure can take a long time due to the volume of photos that have to be assembled and viewed by the victims. The incident occurred around 11:30 Monday night and Soriano was arraigned in court yesterday. More likely, the police conducted a “show up” procedure. The circumstances of this process might lend themselves to an attack on the legality of the identification of Soriano. This might be his best defense to these charges.

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Law enforcement officials at the state, federal and local levels arrested twenty eight people in the Brockton area yesterday following an investigation targeting low to mid-level drug dealers selling Cocaine and Crack Cocaine. The ages of the defendants ranges from nineteen to forty nine years old and includes women, men and homeless people. Most of the defendants are from Brockton, with a few from Bridgewater and Raynham. The charges leveled at the defendants vary. Some are charged with Cocaine Distribution, Conspiracy to Violate the Drug Laws, Distribution of Crack Cocaine, School Zone Violations, Heroin Distribution and Distribution of Cocaine Second and Subsequent Offense. Bail ranged from personal to thirty thousand dollars cash. The investigation was named Operation Street Sweeper II. This operation follows two other successful large scale investigations in the Brockton area in the last year. The cases are pending in the Brockton District Court. According to newspaper reports one courtroom was set aside to handle all of the arraignments in this case.

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http://www.enterprisenews.com/news/cops_and_courts/x438682197/Police-arrest-34-suspected-drug-dealers-in-Operation-Street-Sweeper-II-in-Brockton

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Brockton Cocaine Distribution Defense Lawyer

All throughout Massachusetts and the entire country police have been implementing various tactics aimed at disrupting street-level drug dealing activities. Among these strategies are controlled buys, raids and large scale crackdowns. The latter method deploys large numbers of undercover officers who typically target Heroin, Crack and Cocaine dealers. There is a belief that the effectiveness of these operations is limited to the short term. Once the arrests are made and law enforcement vacates the area drug dealers come to the area quickly and establish or reestablish their presence. This can be defeated if there is a follow up plan that prevents the reinstatement of the unlawful activities. It is however generally agreed that drug sweeps do result in a diminution of drug dealing activities at least initially and that getting these people off the streets is a good start towards fighting drug dealing efforts.

There is often difficulty in effectively prosecuting these kinds of cases. People arrested in drug sweeps are done so an extended time after the commission of the alleged activity. For instance, if the police are engaged in one of these large scale operations they will often make the controlled buy and not effectuate the arrest until a future date. This makes the job of the Massachusetts Criminal Defense Attorney somewhat easier. Doubt is often raised in these cases simply because jurors cannot understand why the police would wait to make an arrest. People simply do not believe that a police officer would fail to make an arrest immediately after witnessing a crime. It is counterintuitive to the lay person. Evidence of the overall operation might be excluded at trial particularly in cases where there in no link between the various people arrested and charged with drug dealing.

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The Salem News reported today that Christian Clemons of Salem, Massachusetts has been charged with Indecent Assault and Battery in the Salem District Court. The report alleges that Clemons was at a friends’ home watching a movie. With the exception of Clemons everyone at the apartment are girls. The girls fell asleep. One of them awakened to find Clemons fondling her. Clemons has been charged with three counts of Indecent Assault and Battery to which he has pleaded not guilty. The defendant was previously charged with a theft related crime from a pet store. As a result, the bail on that case has been revoked and Clemons is going to be held for at least sixty days.

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http://www.salemnews.com/local/x1295078287/Salem-teen-charged-with-indecent-assault-battery

Revocation of Bail in Massachusetts

Under Massachusetts General Laws Chapter 276 §58 if a person is admitted to bail for a particular offense he receives a warning that his bail can be revoked if he is charged with another crime during the pendency of his release. This is known as a bail warning and it is indicated on the docket sheets of the case on which bail is imposed. If a person does in fact get charged with another offense while on bail and a judge finds probable cause to believe that he has committed the offense charged then the judge has to make a determination of whether or not to release that person. Many factors play into that decision including the person’s prior record, the nature of the offenses with which he has been charged, drug usage, mental health considerations and more. If the judge finds necessary, he or she can then revoke the existing order of bail for up to sixty days. This is what happened to Clemons in this case. The judge decided, based on factors most of which likely were not mentioned in this article, that Clemons posed a danger to the community and that a revocation of his existing bail was in order.

Indecent Assault and Battery, Salem, Massachusetts

Here is what makes no sense about the new charge. Someone complained that Clemons somehow committed an indecent assault and battery on her. This was done while she was sleeping. The other girls were sleeping as well. There is not report of any screaming when the girl awakened to the assault nor is there any indication that someone witnessed the account. There is no suggestion that the police were called at three in the morning when the alleged assault occurred. There is an awful lot missing that could shed some light on the significance of these allegations. A Massachusetts Criminal Lawyer would want to know the following. Who saw what? What time were the police called? When did the alleged incident occur? What evidence other than the complainant’s words support this allegation?

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Saugus police officers and other law enforcement officials received a tip from an informant complaining that a man was selling Percocets from his home on Perullo Lane. Following up on the tip the police arranged for a controlled buy utilizing the informant. Last Friday this person went to the home of Christopher Albert Troisi, the defendant. At that time he purchased several pills. Five days later a similar arrangement was made. Detectives then went to Troisi’s home. Troisi attempted to flee. The defendant’s car and home were searched. Inside officers located more percocet pills, cocaine, drug paraphernalia and cash marked for the controlled buy. Troisi is facing charges of Possession With the Intent to Distribute a Class B substance, Possession of a Class B substance and a School Zone Violation. Bail was set at twenty five thousand dollars. The case is pending in the Lynn District Court.

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http://www.thedailyitemoflynn.com/articles/2011/02/11/news/news08.txt
Saugus Massachusetts Drug Crimes Defense Lawyer

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If this article is accurate some of the charges against Troisi might not stand unless the informant agrees to testify. Law enforcement officials including the district attorneys office try to protect informants identities and orchestrate their prosecutions in ways the do not necessitate the informant’s disclosure or testimony. When this effort fails the charges against the accused often get reduced to encourage a plea bargain. Sometimes prosecutors even agree to dismiss the charges. It is important for Troisi to seek and hire a Massachusetts Criminal Defense Lawyer who understands informant issues and is skilled at Suppression Issues.

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Duane Collins of Lynn, Massachusetts was arrested and convicted for Cocaine Trafficking in 2008. He was sentenced to five and one half to seven years. His conviction was reversed in 2009 following a landmark United States Supreme Court case that requires the district attorney to call chemists to prove that a substance is in fact a controlled substance. Prior to that case the prosecution could simply present a certificate of analysis to show that a substance was an illegal drug. Following that ruling Collins’ lawyer was able to negotiate a deal where he would serve three years only and get credit for time served. That deal may no longer be available however since Collins was just arrested for another cocaine charge. Apparently, after a Motor Vehicle stop police found over an ounce of cocaine in a cooler in Collins’ car. His bail has been revoked.

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http://www.salemnews.com/local/x2072622012/Man-about-to-be-sentenced-in-coke-case-busted-again#

Lynn Massachusetts Drug Trafficking Defense Lawyer

Massachusetts General Laws Chapter 276 Section 58B gives a judge the authority to hold someone without bail, who, while released on bail gets arrested for another crime. The statute gives the accused the right to a hearing to argue bail. The statute also permits a judge to have the individual held for up to ninety days. It becomes critical that the Massachusetts Criminal Defense Lawyer arguing for bail under these circumstances is familiar with this statute. Collins’ lawyer is excellent and experienced and according to the article made a strong request for bail. His lawyer also did a great job negotiating a reduction in his sentence.

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According to reports in the Lawrence Eagle Tribune DEA agents working our of New Bedford had been investigating a Heroin Trafficking ring involving individuals from Lawrence. One of the members was arrested with eighty five grams of heroin. As a result a Search Warrant issued for an apartment on Union Street in Lawrence. An informant told the police that he had purchased at that apartment. This individual reported that he would arrive at the apartment and one the occupants would go out and return shortly with the heroin. During the search an individual questioned by the police indicated that he lived in another apartment down the hall. He apparently consented to a search of that unit. During the search officers found over five kilograms of heroin. The estimated street value of the substance is over three million dollars. In all the police located and arrested six individuals. All were charged with Trafficking Over 200 Grams of Heroin. The case will be prosecuted in the Essex County Superior Court in Salem. Bail for each was set at five hundred thousand dollars. The defendants have been identified as Victor Guerrero Santana, Francisco Rivera, Jose Pizarro, Oveido Lopez, Luis Gonzalez and Elvin Ruiz.

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Lawrence Massachusetts Drug Trafficking Defense Lawyer

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Charging everyone present at the scene of a large drug bust is a common yet flawed law enforcement tactic. The article suggests that some of the defendants were at best “present only”. In the past I have blogged on this issue. Presence alone is not enough to sustain a prosecution for drug offenses. There must be some criminal activity in which the accused is involved and there must be an intent on that person’s part to engage in or assist with the criminal act. When looking at this article it is difficult to ascertain who is responsible for what, if anything. An Experienced Massachusetts Drug Defense Lawyer will attack the arrests and charges and perhaps in some cases obtain a dismissal for one or more of these defendants.

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According to the Newburyport News Cody Harkness of Amesbury, Massachusetts is being charged with Unarmed Burglary, Home Invasion, Malicious Destruction to Property Valued at More Than $250 and Breaking and Entering. The victim is a downstairs neighbor who was sleeping when Harkness broke into her home. Apparently the defendant opened a door in a common area of the home that led to the victim’s closet. From there he entered her room and touched her body. The victim woke up and yelled. Harkness left. Harkness, who had not been identified by the victim at that point asked her what had happened. She in turn told the police that he might have information about the intruder. The police contacted Harkness and noticed that he had in his possession that the victim said the suspect was wearing. Other evidence suggested to the officers that Harkness had in fact committed the crime. He eventually admitted involvement. The charges are now pending in the Newburyport District Court. Bail was set at two thousand five hundred dollars.

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http://www.newburyportnews.com/local/x1613327262/Amesbury-teen-charged-after-home-invasion

Massachusetts Home Invasion Defense Lawyer

This article is somewhat confusing as to what the actual charges are that Harkness is facing. The headline states Home Invasion. Home Invasion in Massachusetts is criminalized under Massachusetts General Laws Chapter 265 Section 18(c). It is a felony and a conviction carries with it a mandatory twenty year state prison sentence with a maximum life possibility. The Newburyport District Court does not have jurisdiction of this crime and I would imagine that the district attorney’s office will use its discretion and reduced the charges to something within the district court’s jurisdiction. Additionally, if the article is correct it might be difficult for the prosecution to prove a couple of necessary elements of the offense beyond a reasonable doubt. The prosecution must prove that Harkness was armed with a dangerous weapon. There is no indication that he was. Also, the prosecution must prove use of force or the threat of the imminent use of force. None of that seems to be present her. The body of the article, as opposed to the headline states that unarmed burglary is the charge here. The statute addressing that crime is G.L. c. 266 Section 15. There is a requirement that the district attorney prove however that in addition to the breaking and entering, that Harkness intended to commit a felony while inside the victim’s home. There is no evidence supporting that element. This crime also must be prosecuted in the Superior Court so again I believe that there will be a modification of charges so that the district court can keep jurisdiction of the case.

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Marylou Quinones Fry-Trifone of Billerica, Massachusetts was served with divorce papers a few days ago. Less than twenty four hours later she was arrested for trying to kill her fourteen year old stepdaughter. According to the Lowell Sun, the victim woke up around 4:30 a.m. and found the defendant at the front of her bed holding a large knife. The defendant yelled that she was going to kill the girl. She then swung the knife hitting the girl in the forearm, back and stomach. The victim screamed. Her sister and father came to her aid and subdued Fry-Trifone. Within minutes the police arrived. The victim was transported to a local hospital. Fry-Trifone has been charged with Assault With the Intent to Commit Murder, Assault and Battery, Assault and Battery by Means of a Dangerous Weapon and Assault With a Dangerous Weapon. She was released on one thousand dollars cash bail.

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Billerica, Massachusetts Criminal Defense Lawyer

This article shows the value of having an Experienced Massachusetts Criminal Defense Lawyer at your arraignment. These are very serious charges. Most of the charges are felonies and there is a possibility that this case will be prosecuted in the Middlesex County Superior Court in Woburn. There is also a possibility that if convicted Fry-Trifone will have to serve a jail or prison sentence. However, her lawyer did a great job getting bail set at one thousand dollars, a relatively small sum given the severity of these charges. These cases can take months or even more than a year to resolve. If the defendant is held without bail or on an unaffordable cash bail he or she will be stuck in jail while the case is pending.

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Seventeen year old Nigel Rowe of Westborough, Massachusetts has been charged with Rape. According to reports in the Metrowest Daily News and Wicked Local, Westborough, Rowe was arraigned today in the Westborough District Court. Bail was set at one thousand dollars. Rowe is permitted to remain attend school but is otherwise confined to his home. He is being monitored by a GPS device pending his pre-trial. Rowe was arrested Friday night by local police. It is reported that Rowe and the girl know each other.

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http://www.wickedlocal.com/westborough/newsnow/x1389367986/Westborough-high-football-player-pleads-not-guilty-to-rape-charges

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Westborough, Massachusetts Rape Defense Lawyer

Stories like this one always concern me. The accused is being charged with one of the most heinous acts, punishable be life in prison. Yet his bail is set at one thousand dollars and he can attend school. That suggests to me that the underlying facts are much less egregious than the charges suggest. Apparently the girl made her complaint last Thursday. The police conducted a one day investigation before making their arrest. As I have mentioned in prior blog posts, there are many defenses to Rape allegations. In cases where the act never occurred denial is a common defense. Where there was sexual contact but no rape then consent is typically offered as a defense. Many factors are taken into account by judges or juries in determining guilty or innocence in these cases. Where did the act occur? At what time? What condition was the complaining witness in at the time of the report? What did witnesses see or hear? What did the complaining witness tell her friends or family, if anything. What did the defendant say before or after his arrest. Rowe’s Massachusetts Criminal Defense Lawyer will be looking into all of these issues immediately as he or she establishes the defense to this case. However, while this case is pending it is important to keep in mind that these charges are allegations only and Rowe enjoys a constitutional presumption of innocence.

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Dwayne Day of Braintree and his brother Michael Day of Boston, have been charged in the Quincy, Massachusetts District Court with Drug Conspiracy, School Zone Violation, Trafficking Cocaine, a Class B Substance, Possession of Ammunition and Gun Possession. According to reports, police in Braintree, Massachusetts had been conducting an extensive drug investigation in the area of McCusker Drive. This past Wednesday a Braintree Police detective observed the Day brothers in a car in a parking lot of an apartment complex. Once the Days noticed the detective they fled the area. Another officer stopped the car claiming it had “failed to signal”, a civil Motor Vehicle Violation. The Days were detained until a patrol officer with a drug sniffing dog was summonsed to the scene. The dog alerted the officers to drugs in the car’s center console where over fourteen grams of cocaine were found. Officers then applied for and obtained a search warrant for one of the brother’s homes on McCusker Drive. Inside the home the police found more cocaine and two guns. Bail has been set of fifteen thousand dollars cash.

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http://www.patriotledger.com/news/cops_and_courts/x171129091/Braintree-bust-nets-two-on-drug-and-gun-charges

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Braintree, Massachusetts Drug Defense Lawyer, Norfolk County Cocaine Trafficking Defense Lawyer

Once again, as with many drug cases the legality of the Search and Seizure becomes critical to the Day brothers’ defenses. While the officers can justify their stop of Day if in fact he did fail to signal they cannot justify holding them longer than is necessary to issue a citation. Massachusetts Courts have held that an investigative detention must be temporary and must last no longer than necessary to effectuate the purpose of the stop. The continued detention of a motor vehicle operator and passenger after the operator had satisfied the purpose of the stop for speeding by producing his license and registration was ruled unlawful by the Massachusetts Supreme Judicial Court. Similarly, a forty-minute detention of defendant’s vehicle by six troopers who blocked the front and back of the vehicle with their cruisers was inconsistent with an investigative stop and constituted an arrest. In this case, it is unclear why the police called for the drug sniffing dog and why the Day brothers were held longer than was necessary to issue the ticket. No doubt the Day’s lawyers will file a Motion to Suppress. If successful the case would likely be dismissed.

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