Articles Posted in Bail

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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/

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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.

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Jonathan Chenevert is from Evansville, Indiana. He has an Indiana Firearms License for two guns. He is in Massachusetts to work on a water tank in Essex County and he is staying in a local hotel. Just the other day, a member of the hotel housekeeping staff found one of the guns under his pillow. The other was found in a storage container in Chenevert’s room. Law enforcement was called. Now, Chenevert is facing Gun Possession Charges in the Salem District Court. The reason is that even though he is properly licensed in Indiana he did not have a firearms identification card, a requirement under Massachusetts law. In addition, it is alleged that he did not properly store the guns. Bail was set in the amount of one thousand dollars.

Read Article:

http://www.salemnews.com/local/x1414106047/Man-charged-after-gun-found-in-his-hotel-room

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Cases like this one are unfortunate but not unique. The defendants, in this case Chenevert, always believe that they have the lawful right to possess a firearm. After all, they properly purchased the weapon. They properly registered the weapon. They are properly licensed to own and carry the weapon. Knowing that to be the case they handle the item as they expect they can, completely unaware of the potential consequences. They take the firearm out of state as they believe they can. Then they travel to Massachusetts and unbeknownst to them the rules change. Now they are committing a crime. With a good, Experienced Massachusetts Criminal Defense Attorney cases like this one can be dismissed even though the law required a mandatory eighteen month jail sentence. Hiring a Criminal Lawyer in Massachusetts can be the most critical decision of your life. Make sure the lawyer you retain has defended cases like this and that he or she focuses on defending the accused. Gun Possession is a felony and in these circumstances you should not have a conviction.

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Linda Ricciardelli is forty three years old. She is a bus driver. She has been charged with Trafficking Heroin and Trafficking Oxycontin. She is also facing Gun Charges in the Lynn District Court stemming from the same investigation. According to the Salem News an investigation started after Ricciardelli’s neighbors made unspecified complaints to police. A series of controlled buys of drugs from Ricciardelli was conducted. Yesterday she was arrested after selling one hundred fifty eighty milligram Oxycontins to an undercover person. Ricciardelli’s home was subsequently searched. The search revealed a substantial amount of cash, heroin and Percocets. Previous undercover buys from Ricciardelli in Lynn resulted in the seizure of Firearms. Bail has been set at five thousand dollars cash. As of now Ricciardelli has been charged with Trafficking, Possession With Intent and Possession of Controlled Substances.

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http://www.salemnews.com/local/x1036628224/Woman-charged-in-sales-of-guns-opiates

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Peabody Drug Trafficking Defense Lawyer, Heroin, Oxycontin

Massachusetts Courts have stated that information establishing that a person is guilty of a crime does not necessarily constitute probable cause to search the person’s home. Similarly, probable cause to expect that drugs will be present in a home is not established by the fact that the defendant lives there. Even if the defendant drives from his home to the location of a drug transaction, and returns to his home on the transaction’s conclusion, that, with nothing more does not provide probable cause to issue a search warrant. As a Massachusetts Criminal Lawyer with Experience Defending Drug Cases I would be interested in learning more about this investigation. If Ricciardelli is able to prevail on a Motion to Suppress man of the charges against her will be dismissed.

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

Read Article:

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

Massachusetts Sexual Assault Defense Lawyer

Massachusetts Rape Defense Lawyer

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

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John Foley of Abington, Massachusetts was released after posting fifty thousand dollars bail. He was held after being arraigned for allegations that he scalded his girlfriend’s two year old son. Apparently the incident occurred on April 2, 2010. The victim’s mother told police that while she was eating dinner Foley and her son were in the bathroom. She heard her son crying for ten minutes. She went to investigate. She observed her son’s hand to be red and burned. She claimed that Foley excused this as an accident. It is reported that the child’s right hand was burned down to his wrist, his left hand sustained burns as did his right foot. The victim’s mother initially told the police that this was an accident however she later recanted. Foley has been charged with Assault and Battery with Injury to a Child and Aggravated Assault and Battery on a Child. Charges are pending in the Wareham District Court.

Read Article:

http://www.enterprisenews.com/news/cops_and_courts/x53547646/Abington-man-faces-child-abuse-charge

Child Abuse Defense Lawyer in Massachusetts

I would imagine that a toddler being scalded by hot water would let out a significant scream. Certainly this would be much more alarming than simply hearing the child crying. Would a mother really sit and listen to her child cry for ten minutes while she was finishing her dinner? Is it more likely that she would go into the bathroom to see what was happening to her child and to offer assistance to her boyfriend? These are issues that Foley’s Massachusetts Criminal Defense Lawyer will likely be exploring as the case works its way through the Plymouth County Court system. And why is Foley being charged rather than the mother? Is it simply because she changed her story? And when did she change her story? After the medical personnel came to their conclusion that this was not an accidental splashing but an immersion of the child’s hand into hot water? It seems like Foley has a lot to work with in support of his defense.

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The Suffolk County District Attorney’s Office has charged seven in connection with Cocaine Trafficking activities alleged to have occurred in Chelsea, Revere and Boston. According to reports, Ferney Pereanez was making about one hundred thousand dollars per week in cocaine sales. This account coincides with the district attorney’s press release claiming that the organization was responsible for moving a kilo of cocaine each week. The investigation into these actions spanned two years. Law enforcement used wiretaps wherein they seized hundreds of cell phone calls. Surveillance cameras were also used in this case. Also arrested in connection with this case were Luis Pereanez, Martha Garcia, Julio Burgado, Maritza Franco, Wilmar Andres Medina and Biviana Lotero Montoya, 36. Bails in this case were set in amounts ranging from twenty five thousand dollars to five million dollars. The quantity of cocaine exceeded two hundred grams. The cases are being prosecuted in the Suffolk County Superior Court in Boston.

Read Article:

http://news.bostonherald.com/news/regional/view.bg?articleid=1240279&format=&page=2&listingType=Loc#articleFull

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Boston, Massachusetts Cocaine Trafficking Defense Attorney

I would not expect each defendant to pursue the same strategy in this case. Everyone’s role in this operation was probably unique. There was likely an organizer, runners, purchasers, street level dealers and more. Some of the defendants were charged with Conspiracy, others with Distribution of Cocaine, and a few with Trafficking in Cocaine. The penalties for each differs as does the level of responsibility. The magistrate presiding over the arraignment of the defendants obviously recognized that, thus disparity of bails set. It would not surprise me at all to see sentences in this case range from probation to lengthy state prison sentences. Hiring a Top Massachusetts Defense Lawyer is the first step in helping the cause.

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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

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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.

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On December 30, 2009 police on Cape Cod searched an apartment located at 6A Holly Street in Onset, Massachusetts. There they found prescription drugs, a large quantity of cocaine, an assault rifle, a handgun and ammunition. Both weapons were loaded. At the scene were Manuel Pina-Agee and Amanda Muller, both of Wareham. Both were arrested that night and charged with drug and gun violations. Not present was Theodore Lopes who has also been charged with these offenses. Police have been searching for Lopes since the home was searched. Lopes has been charged with Trafficking Cocaine and Gun Possession, both felonies in Massachusetts.

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Police Search For Cape Cod Resident Charged With Drug Trafficking, Gun Possession

When looking at this case any Plymouth County Massachusetts Drug Defense Lawyer who handles cases in Wareham would immediately want to know how is it that three people have been charged with these crimes. When a home is searched and more than one person is present there is always an issue as to who had ownership or possession of the illegal items. Simply being present where a crime is being committed is insufficient to sustain a conviction. In these cases motions to dismiss are usually filed and are often successful. Here is another thought. Why is Lopes being charged with these crimes? The article suggests that he was not present when the search took place. Had he been he would have been arrested. It is difficult and many times impossible for the district attorney to legally link someone to criminal activity when the person is not present, particularly in the case of drug matters and searches. This might very well be the type of case that Lopes can win.

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Diomedes Junior Lugo and his mother’s boyfriend were fighting at their Leach Street home in Salem, Massachusetts on Wednesday. The concerned mother called the police who arrived shortly before 6:00 p.m. Neither the son nor the boyfriend were present initially. The police looked around and found the son, Lugo hiding in the basement. Lugo resisted their efforts to search him for weapons. Lugo started to cry and admitted to having cocaine in his pocket. It turns out the amount exceeded twenty eight grams. Lugo now stands charged with Trafficking Cocaine in Excess of 28 Grams, School Zone Violation, Assault and Battery on a Police Officer, Resisting Arrest and Possession With Intent to Distribute Cocaine. Bail was set in the Salem District Court in the amount of ten thousand dollars. The case will be prosecuted in the Essex Superior Court.

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Salem Man, 20 Looking At 7 Year Mandatory For Cocaine Trafficking

Any Salem, Massachusetts Cocaine Trafficking Defense Lawyer can sense that something is terribly wrong with this story. If Lugo and and mother’s boyfriend are fighting and the boyfriend left the home he obviously knew that she had called the police. If he knew then Lugo knew as well. Why then would Lugo place an ounce of cocaine in his pocket? No one would. It is stupid. There must be many places where the cocaine could have been hidden until after the police left the premises. The article went on to say that the police believed that there was evidence that Lugo was selling cocaine. If he was a cocaine dealer selling from his home there would be no need to keep the substance on his person particularly where the police were on their way to the house. Lugo’s defense lawyer will most likely exploit these points.

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Just before midnight this past Sunday night a Massachusetts State Police officer pulled Corey Oliver over after observing him swerving in and out of traffic and committing several other Motor Vehicle Crimes. During the stop the Trooper found twelve pounds of marijuana in an undisclosed location in the car. Oliver was arrested and charged in the Newburyport District Court with Possession With Intent to Distribute Marijuana and Possession of Marijuana. Oliver was arraigned and held on ten thousand dollars cash bail.

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Marijuana Charges Issue For Maine Man Caught With 12 Pounds In Car

Ten thousand dollars cash bail seems pretty high for a case of this nature. Sometimes bail for out of state residents is set higher than it is for in state residents. There is often a fear that absent some incentive out of state defendants might not return to Massachusetts to defend their cases. Assuming Oliver has no criminal record or a minor record I would think the bail will be reduced after a bail appeal in the Essex Superior Court in Salem. I would not be surprised if he already posted bail.

The case itself suggests a couple of defenses. Constitutional issues come into play any time there is a seizure of evidence. A Motion to Suppress either the stop or the search of the car or both will likely be filed. It would be interesting to learn the location in the car where the drugs were found. If not in plain view then suppression of the drugs might be viable. If the drugs were in plain view why did the police refuse to disclose that in court? Other factors to consider are 1) was anyone else in the car with Oliver; 2) who owned the car; 3) what factors suggest that Oliver had knowledge that the drugs were in the car; 4) why would anyone with a large quantity of drugs drive in the manner Oliver did if he had knowledge that drugs were in the car? Any good Massachusetts Drug Lawyer would love to defend this case.

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