Articles Posted in Motor Vehicle Crimes

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lock-in-case.jpgAngel Anaya of Fall River, Massachusetts and Jose Rivera of Lawrence, Massachusetts were arrested early Tuesday night following a brief encounter with the police. According to today’s Lawrence Eagle Tribune, an auto theft strike force was working in Lawrence that day. They received a stolen car report for a Toyota. Shortly thereafter, a patrol officer spotted the car in a restaurant parking lot. This took place around 7:30 in the evening. The driver later identified as Anaya hit the officer and fled in the car. A chase ensued. Anaya hit another car as well as a police cruiser and along with his passenger, Rivera, they fled the scene on foot. Rivera was charged with Receiving a Stolen Motor Vehicle, Unauthorized Use of a Motor Vehicle and Resisting Arrest. Anaya was charged with Assault With a Dangerous Weapon, Assault and Battery by Means of a Dangerous Weapon and Failing to Stop for a Police Officer. The cases are being prosecuted in the Lawrence District Court however these matters could be indicted and prosecuted in the Essex County Superior Court in Salem.

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Massachusetts Motor Vehicle Crime Lawyer

Receiving Stolen Motor Vehicle in Massachusetts is a felony pursuant to M.G.L. c. 266 Section 28. The law states that anyone in possession of a stolen car, knowing the same to be stolen is guilty of that offense. The statute permits a sentence of up to fifteen years in state prison or two and one half years on the house of correction. A judge cannot continue a case like this without a finding. Anyone who gets convicted of a second or subsequent offense must serve a minimum mandatory one year jail sentence. Prosecutions for this crime cannot survive attack if it is determined that the district attorney did not prove beyond a reasonable doubt that the defendant had possession of the car, knew that the car was stolen and that he intended to deprive the owner of the car permanently.

In this regard, the district attorney in this case might have trouble proving this crime against Rivera. There is no indication that Rivera knew that the car was stolen. Things that might suggest otherwise are a popped ignition, simultaneous engagement in other illicit activity, particularly Theft Crimes, visible signs of ownership by another or the presence of other stolen motor vehicles. None of this appears present in this case. As a Massachusetts Criminal Lawyer I have had many cases where the charge of Receiving Stolen Motor Vehicle has been dismissed due to an absence of evidence to attribute knowledge to my client. These cases are often difficult for the district attorney to prove, particularly as to passengers. Nor for that matter should evidence of Rivera’s flight be compelling. Anaya’s actions might well have surprised and scared him. Being present in a car responsible for striking a police officer, getting into a chase and an accident could understandably give people reason to flee. While that action was probably not the best course of action for Rivera it is not a determinant of guilt.

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Victim-of-Auto-Insurance-Fraud-300x240.jpgCelina Garcia is an insurance claims adjuster. She works for Liberty Mutual. The thirty-four you old Lawrence, Massachusetts resident is now in some trouble. The Lawrence Eagle Tribune reports that about six months ago Garcia could not get her car started. She had it towed to a shot in New Hampshire and was told that the car had a bad timing belt. Garcia left the car with the mechanic. About two months later the mechanic called Garcia to see what she wanted to do with the car. She told him that she reported the car stolen. The mechanic then called the police. In all, Garcia collected over seven thousand dollars from the insurance company as a result of her false reports. She has been charged with various crimes in the Lawrence District Court; specifically, Larceny Over $250, Insurance Fraud and Filing a False Police Report.

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Massachusetts Fraud Defense Law Firm

Larceny Over $250 in Massachusetts is a felony. The crime is set out in Massachusetts General Laws Chapter 266 Section 30. A conviction for this offense carries a possible five year state prison sentence. More likely than not Garcia has no criminal record so it would not surprise me to see this case remain in the district court. There, the maximum sentence a judge can impose is one year in the county jail. I would imagine that Garcia will receive no more than a continuance without a finding with an order of restitution to the insurance company.

The crime of Larceny in Massachusetts is defined as the unlawful taking and carrying away of personal property of another with specific intent to deprive person of property permanently. The property in this case is that of the insurance company. If the reported facts are true and comprehensive then Garcia’s defenses are limited. However, here is what catches my eyes. Garcia is in the insurance business. She is a claims adjuster. She knows how insurance claims are investigated and defended. She, more than anybody would know the pitfalls and dangers of engaging in this type of criminal activity. She would also be cognizant of just how easy it is to get caught committing this type of crime, particularly if it was done as suggested by this article. Moreover, why would she admit to the mechanic that she was filing a false insurance claim. It makes no sense. There is no indication that Garcia knew this man. So why would she trust him with her confession to having committed a felony? How would this benefit her? What would she have to gain by telling this to someone? As is the case in any criminal matter the facts need to be examined more closely, something I am sure that Garcia’s Massachusetts Criminal Lawyer will do.

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According to a report in the Quincy Patriot Ledger Nicholas Chase of Rockland, Massachusetts went into a local Game Stop. Around noon last Friday Chase proceeded to convince the store employees that he intended to purchase a PlayStation3. He then asked the employee to get him something from another part of the store. When the employee complied with the request Chase took off with the video game machine. Oops! He forgot his phone. So what did he do? After a few hours passed Chase asked passers-by to go into the store to get his phone for him. Some of these people actually asked the store employees about the phone. The police were contacted. They eventually located Chase in his car in the parking lot. Oh, by the way, Chase’s phone had his pictures in it. He is being charged in the Hingham District Court with Larceny Over $250 and with several Motor Vehicle Crimes.

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Hingham Massachusetts Criminal Defense Attorney

By any account it appears that Chase will have some problems defending this case. First, the store employees are witnesses and can likely make an identification. Second, Chase’s cell phone, left at the crime scene with his photos in it make his defense more difficult. Third, the identifications that can by made by the people in the parking lot will likely hurt his defense significantly. Lastly, his return to the scene of the crime where he was apprehended is tough to overcome. So what happens in a case like this? If Chase has no criminal record then his lawyer might have a shot at getting this case continued without a finding. Of course the Massachusetts Motor Vehicle Offenses might have to be packaged with the Larceny Over $250 case. If Chase has a criminal record then a continuance without a finding (CWOF) will be more difficult to obtain. There are likely many options available to Chase for disposition of this case.

If you ever want to read about stupid crimes go to the website www.clumsycrooks.com. What Chase is accused of doing pales in comparison to the things that people get caught doing every day. Just take a look at the first two articles posted on that website today: “Two men called police looking for help after two men stole their drugs and money late Saturday night, police said.” and “Police in Michigan said a 9-year-old girl who was pulled over while driving for her drunken dad told officers she had been ‘driving good.'”. This website puts out stupid criminal stories every day. The stories are true. At times they are mind boggling. At times the defendants are Massachusetts residents and/or people being prosecuted in the Massachusetts courts.

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This past Friday evening Salem, Massachusetts police officers saw what looked to them like a drug transaction. The suspect, Aquiles Sanchez took off in his car leading officers on a chase. He then fled on foot. However, sixty two year old John Carr saw the cruiser lights and knew something was wrong. He saw Sanchez walking through a neighbors’ yard. Carr told him to stop. He did not. Instead he took off running. Carr chased Sanchez and tackled him. Carr’s son and other neighbors helped out. Eventually the police arrived and made an arrest. Sanchez is being charged with Trafficking Oxycodone, Operating to Endanger and Resisting Arrest. The case will be prosecuted in the Essex County Superior Court.

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http://www.salemnews.com/local/x7462022/Salem-man-helps-police-by-tackling-drug-suspect

Essex County Drug Trafficking Defense Lawyer

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As a Massachusetts Drug Crimes Defense Lawyer I am interested in knowing exactly what observations the police made that led them to charge Sanchez with Trafficking Oxycodone. Usually, officers see only “what they believe to be a drug transaction”. Their reports talk about the suspect’s “furtive movements” or an “exchange” they believe constituted drug distribution. Rarely are binoculars or cameras used to capture the exchange. Also, the suspected “purchaser” is needed to help prove the crime. This person usually engages a lawyer and cooperation for the purchaser is rarely used since he or she is likely to be charged with possession of the controlled substance only. Large scale drug dealers rarely conduct their business in public so the fact that Sanchez was found in possession of ten thousand dollars is not in this case likely to be supportive of this allegation. I am interested in knowing how much of the drugs were found on the purchaser and if this quantity had a value near the amount of money Sanchez was carrying. If these factors do not add up then the trafficking case might be defensible.

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Late last week a Massachusetts State Police Officer was on patrol on Route 138 in Raynham. At around 1:00 p.m. he observed a car following a pick up truck too closely, a violation of 720 Code of Massachusetts Regulation (CMR) 9.06(7). The trooper stopped the car and immediately smelled marijuana. He then saw a plastic bag containing marijuana in the center console. The passenger, Alexander Torres, eighteen from Brockton was asked what was in the bag. Torres responded that the drugs were his. There were five passengers in the car. One of them appeared to be shaking. All of them were ordered out of the car. The car was searched. The officer found several more bags of marijuana. Underneath the passenger seat the trooper found a loaded firearm. Torres accepted responsibility for the gun as well. The driver was cited for the Motor Vehicle Violation. Torres has been charged with Possession of a Firearm and Possession of Marijuana.

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http://www.enterprisenews.com/news/cops_and_courts/x1073915927/Brockton-man-arrested-on-gun-drug-charges-after-traffic-stop#axzz1FvJHyFQc

In the past I have commented that Possession of Marijuana in Massachusetts is not a crime if the amount possessed is less than an ounce. It follows that stopping a car and finding marijuana in the car does not automatically give law enforcement the right to conduct a Search of the car. The constitutional protections associated with Searches and Seizures in my opinion strengthen in these situations. In the past in certain instances the police would have been warranted to search when they observed marijuana in plain view after making a lawful motor vehicle stop. That all changed with the decriminalization of small quantities of marijuana. There must now be more to justify a search after making such a cursory observation. The article does not convince me that this search was permissible. Torres might have a shot at suppressing the evidence seized if his Massachusetts Criminal Drug Crimes Defense Lawyer can argue an Unlawful Search and Seizure occurred.

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Massachusetts Rule of Criminal Procedure 7(a)(2) allows a defendant who has been summonsed for arraignment and who has retained a lawyer to be excused from appearing at his or her arraignment. To avail oneself of this rule the attorney must enter an appearance prior to the return date and state in that appearance that this matter has been discussed with the defendant and that the case be scheduled for pretrial or some other proceeding. The rule applies to misdemeanors and felonies alike. There is a proposal pending that would eliminate the process altogether and require the presence of all defendants at arraignment.

Proponents of the amendment to the rule state that a defendant’s absence from arraignment creates certain safety concerns. For example, a defendant cannot receive a bail revocation warning or an order to stay away from a victim. Nor for that matter would the defendant be present for the setting of conditions of bail. Advocates of the “new rule” ignore some critical points. The current version of the rule works. It contemplates the attorney telling his client when to return to court. Consistent with this obligation the judge at arraignment could simply order the attorney to advise the defendant of any bail conditions, stay orders or bail revocation warnings should any of these circumstances present themselves.

As a Massachusetts Criminal Defense Lawyer who represents countless people living out of state I find the Rule 7(a)(2) necessary. We get calls from clients summonsed for Assault and Battery Cases, Motor Vehicle Crimes, Drug Crimes and more who are often unable to get to court on short notice for an arraignment. Many of these clients were unaware that criminal process was going to issue particularly in instances where the police were not involved. Rule 7(a)(2) enables us to go into court for our clients, have them arraigned in absentia and schedule a date convenient for a resolution of their case. This also gives us time to educate the district attorney about the nature of the allegations and negotiate a resolution with minimal court appearances.

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Braintree, Massachusetts police learned that a 2004 Honda that had been stolen might be in their town. A Braintree police sergeant spotted the car leaving an apartment building parking lot. The car was stopped and the driver identified as Mary Ajede of Lynn, Massachusetts was arrested. She has been charged with Unlicensed Operation of a Motor Vehicle and Receiving a Stolen Motor Vehicle. The charges are pending in the Quincy District Court.

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http://www.patriotledger.com/news/cops_and_courts/x198684717/Lynn-woman-charged-with-driving-stolen-car

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Quincy Car Theft Defense Lawyer

To convict someone of Receiving a Stolen Motor Vehicle the district attorney must prove beyond a reasonable doubt that the defendant knew that the car was stolen. Sometimes proof of knowledge is easy. For example, if the ignition was punched you can assume the defendant knew that the car was stolen. If the defendant goes through illicit channels to “purchase” the car you might be able to infer knowledge. However, if there was no damage to the car and no other evidence that the defendant knew that the vehicle had in fact been stolen the prosecution might have a tough time securing a conviction. Our office has represented several people accused of this crime who realistically and legitimately believed that the car they were driving belonged to the person who permitted them to use the car. These people have been acquitted of these charges.

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Craig Snow of Lynn, Massachusetts has been charged with violating the Massachusetts Social Host Law. The law states that anyone who sells or provides alcohol to minors or permits them to consume alcohol on your property can be charged with a crime in Massachusetts. The act occurred on March 21, 2010. A young woman was killed when a car being driven by her boyfriend drove through an intersection and crashed. The woman was ejected through the car’s sunroof. The driver, Christopher Maxson was charged with Motor Vehicle Homicide. According to reports, Snow admitted to hosting the party and claimed that the guests brought their own alcohol to is parents’ home.

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Massachusetts Man Faces Charges Stemming From Motor Vehicle Homicide

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Massachusetts Criminal Lawyers Who Defend People Accused Of Violating The Social Host Laws

The Massachusetts Social Host Law is set out in M.G.L. ch. 138 Section 34. A conviction of this law means you are guilty of a misdemeanor. There is a maximum sentence of one year in the house of correction. The law states that you can be held criminally responsible for allowing someone under the age of twenty one to consume alcohol on your property. Under Massachusetts the Social Host can be an adult or a juvenile. These charges are becoming more prevalent in Massachusetts. Essex County seems to be taking the lead on these matters. The charges are serious and require the services of an Experienced Massachusetts Criminal Defense Attorney.

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Jamald Harrold is facing charges in the Essex County Superior Court in Salem, Massachusetts for Assault With a Dangerous Weapon, Trafficking Cocaine, Receiving a Stolen Motor Vehicle and a School Zone Violation. The case stems from a December 22, 2009 incident where Harrold got into a confrontation with his former girlfriend’s brother. It is alleged that Harrold pulled a knife on the man who in turn armed himself with a baseball bat. Police were called. When they arrived they observed the defendant in a motor vehicle that had been reported stolen a few days earlier. Inside the car the police found over twenty eight grams of cocaine.

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Lynn, Massachusetts Man Looking At 7 Years Mandatory For Dealing Cocaine

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Trafficking Cocaine in Massachusetts

The sentence for Cocaine Trafficking in Massachusetts rests primarily on the quantity of the substance that was sold or intended for sale. Over 28 grams mandates a five year state prison sentence. Add another two years to that conviction due to the school zone violation. The defenses to this case likely involve the ability of the prosecution to convince a jury beyond a reasonable doubt that Harrold knew that the drugs were in the car. Keep in mind that Harrold was charged with Receiving a Stolen Motor Vehicle, not Larceny of a Motor Vehicle. Implicit in this is the fact that he did not steal the car. It is also conceivable that whoever he borrowed the car from took never let him know that the car was stolen. Similarly, it is not inconceivable that that person was responsible for the drugs in the car, not Harrold.

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Lyn Toscano of Haverhill, Massachusetts is the assistant manager of the Registry of Motor Vehicles for the branch located in Haverhill. Earlier today Toscano was arraigned in the Haverhill District Court and charged with two counts of Soliciting a Bribe as a Public Employee, Conspiracy and Falsification of a Driver’s License. It is alleged that the scheme in which she was involved started in September of 2008 and lasted until May of 2009. Authorities claim that Toscano was selling licenses to people who had not taken the driver’s test. Police were tipped off by Richard Chase who ironically has been charged with Criminal Harassment of Toscano.

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Massachusetts Registry Worker Charged With Selling Driver’s Licenses

Falsification of a Driver’s License in Massachusetts

This crime is a felony in accordance with Massachusetts General Laws Chapter 90 Section 24B. The case can be prosecuted in either the District Court or the Superior Court and it carries with it a possible five year state prison sentence. If Toscano decides to Hire an Experienced Massachusetts Criminal Defense Lawyer who understands Motor Vehicle Crimes she might be able to walk away from these charges without a criminal record.

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Soliciting a Bribe as a Public Employee

This crime is proscribed by Massachusetts General Law Chapter 268A Section 2 and is also a felony in Massachusetts. A conviction of this crime is punishable by up to three years in state prison. This charge can also be continued without a finding so it is advisable that Toscano get a good lawyer right away.

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