Massachusetts Criminal Defense Lawyer Blog

A former hockey star is facing Massachusetts breaking and entering charges after being accused of breaking into homes in Whitman, the Patriot Ledger reported.

Joshua Robertson, 25, is accused of stealing jewelry and other belongings from his neighbors during four home burglaries over a nine-day span, according to Whitman police. A detective said that Robertson admitted to the burglaries as a means of supporting a heroin habit.

At 18, Robertson was drafted by the National Hockey League's Washington Capitals while still in high school.

A Brockton criminal defense lawyer experienced in defending clients against drug and burglary charges can frequently negotiate a sentence of treatment instead of jail or prison time. In such cases, authorities need to recognize the addiction as a medical condition, not a behavior that can be corrected with time behind bars.

The U.S. Bureau of Justice Statistics reports that more than one-fourth of defendants in local jails for property crimes committed the crimes to support a drug habit. For those in state prisons, the numbers rise above 30 percent.

Robertson was already serving six-months of probation for a domestic altercation that occurred with his father in March after he was ordered to leave the house. the Patriot Ledger reported.

He was selected by the Capitals after a high-school season in which he scored 37 goals in 34 games. He then then attended Northeastern University on a hockey scholarship but missed half of the 2005-2006 season after suffering a concussion.

Robertson posted $500 bail in Brockton District Court and is due back in court on Sept. 21. The court ordered him to undergo drug testing and obey an 8 p.m. curfew.

Continue reading "Whitman burglary charges result from former hockey standout's alleged heroin habit" »

Illegal search and seizure in Massachusetts will prevent drugs and a gun from being used against a Fall River man facing federal criminal charges in U.S. District Court, the Herald News reported.

Chief Judge Mark Wolf ruled in favor of the defense in excluding part of the evidence Fall River vice detectives uncovered during a search of the Blackstreet Home of defendant Aryam Gonzalez during a raid on Feb. 13, 2009. A second motion is pending before the court that asks the judge to prevent prosecutors from introducing at trial a second gun allegedly found in the home.

This case illustrates the dramatic impact an experienced Fall River defense lawyer can have on a case when successfully arguing that law enforcement inappropriately searched a defendant's car, home or person. Evidence found as the result of a search is frequently the primary reason for bringing charges. A reduction or dismissal of the charges often results when such evidence is then excluded from court.

During a suppression hearing in May, evidence was presented that vice detectives were executing a search warrant on the defendant's home when he walked out and began to run away. He was tackled, placed in a choke hold and punched during arrest after officers claim he attempted to conceal drugs in his mouth. During the arrest, he allegedly told police where to find drugs and a gun in a shoebox in his room.

The judge ruled Gonzalez did not knowingly waive his right to remain silent while make a statement during such a physical arrest. Therefore, prosecutors will not be able to use that evidence in court. A second gun was found beneath the defendant's mattress.

Gonzalez has remained in custody while awaiting trial. He faces up to 15 years in prison if convicted. However, unless successfully appealed, the judge's ruling will likely result in a reduction or dismissal of a substantial part of the case against him.

Continue reading "Illegal search leads to dismissal of evidence in Fall River drug case " »

More that 30 people are facing Massachusetts drug charges in Taunton and the surrounding areas after a three-day sweep at week's end, the Taunton Gazette reported.

The raids began on Wednesday and the Bristol County District Attorney's Office expected the arrests to continue through Friday as authorities targeted alleged heroine and crack cocaine dealers and customers. Dubbed Operation Diesel, more than 30 arrest warrants were being executed, according to the Massachusetts State Police.

A Taunton criminal defense lawyer should always be consulted in cases where a defendant is charged as part of such large-scale drug raids. Police and prosecutors love to make big announcements. But frequently such cases are not very strong and prosecutors are forced to quietly reduce or dismiss charges long after the television cameras have been turned off. Defendants should not make any statements until speaking to a Massachusetts defense lawyer experienced in handling drug charges. Evidence can be challenged. The results of search warrants can sometimes be kept out of court. But a defendant's statements can be the most damaging evidence in cases where a suspect fails to remain silent and wait for the assistance of an experienced attorney.

Defendants were being arraigned in Taunton District Court and Fall River Superior Court. At least 18 people were arrested on warrants on Wednesday. Defendants ranged in age from 17 to 50.

Most of the arrested were for charges alleged in arrest warrants, but authorities report making at least one undercover drug buy. State troopers and Taunton police said they initiated a buy on the grounds of the Riverside Apartments on Paul Bunker Drive. Authorities say an undercover officer was led to nearby Harrison Street, where occupants of a Chrysler van allegedly sold him crack cocaine.

Four people were arrested after the van was followed to a nearby convenience store.

Continue reading "Dozens arrested on Massachusetts drug charges in Taunton and Fall River" »

A corrections officer at Walpole State Prison is facing Massachusetts child pornography charges in Uxbridge District Court, according to the Telegram and Gazette.

the corrections officer pleaded not guilty to charges of dissemination of obscene matter and possession of child pornography. Bail was set at $5,000 and he was ordered to stay away from children and to not possess a computer. He was arrested in the Millbury State Police barracks after a two-month investigation by state and Blackstone police.

Under Massachusetts law Ch. 272 Sec. 29B), disseminating child pornography is punishable by 10 to 20 years in prison. Of additional concern in an increasing number of sex crimes are the post-release conditions, which can include sex-offender reporting and restrictions on employment and living arrangements. A Massachusetts criminal defense lawyer experienced in defending clients against sex crimes should always be contacted in such cases.

Frequently, a defendant is tempted to plead guilty and put an embarrassing episode behind him. But a sex-crimes conviction can impact the rest of a defendant's life and include restrictions that make it impossible to hold certain jobs or even visit a park or community swimming pool. The defendant in this case has not even been convicted of a crime and he is already forbidden from using a computer. Many people may not even be able to work, let alone lead a normal life, without using a computer in today's world.

A state trooper reported investigating four tips from the CyberTipline for the National Center for Missing and Exploited Children. The defendant is accused of receiving an alleged child pornography image in 2002 and of e-mailing three files containing images of what authorities believe are three naked girls under the age of 14.

A Department of Correction spokesperson said the defendant has been suspended with pay pending an investigation and the outcome of court proceedings.

This case illustrates how aggressively authorities pursue child pornography complaints. For innocent defendants, the results can be devastating. More than in many other types of criminal cases, it is important to mount an aggressive defense of a person's reputation as well as a courtroom defense. Many times, damage to a reputation may result even if the charges are never proven. In this case, the defendant is alleged to have received an image eight years ago and sent three photos by e-mail of girls authorities believe might be underage. As a result, he has been arrested, suspended from his job and made the local newspaper.

In such cases, the best defense is an aggressive offense.

Continue reading "Uxbridge, Massachusetts child pornography charges result from e-mailed images " »

Two people are facing theft charges in Braintree, Massachusetts after authorities say they shoplifted $3,500 worth of sterling silver jewelry from a store in South Shore Plaza.

Brittany M. Sarni, 19, of Quincy and Peter L. Candelora, 34, of Plymouth, were arraigned Thursday in Quincy District Court.

The Patriot Ledger reported that security officers at Lord & Taylor watched the couple Wednesday afternoon as they transferred pieces of jewelry from one rack to another. Security report the tactic is commonly used by shoplifters so they can quickly grab the items as they are leaving the store.

The suspects left without the jewelry but returned several hours later. Security personnel report that Sarni concealed the jewelry in her sweater, rolled it up and placed it in her backpack, and exited the store. She met Candelora at a bus stop, where the two were stopped and the backpack was search by police.

Thirty-four pieces of jewelry were found, valued at about $3,450.

Continue reading "Pair faces theft charges in Quincy District Court after Lord & Taylor shoplifting incident" »

A 28-year-old man has pleaded guilty to a Massachusetts sexual assault charge involving a teenage girl in Framingham, the MetroWest Daily News reported.

Franklin Ramirez, 28, also pleaded guilt to disorderly conduct and giving a fake name to police. A Framingham District Court judge sentenced him to nine-months in the Middlesex County House of Corrections with credit for 136 days served.

Prosecutors report that the 15-year-old girl claimed she had been sexually assaulted in June 2008. She said she was riding her bike when approached by Ramirez, whom she knew, and two other men. She allowed the men to come to her apartment. She reported she was then lured to the bedroom by Ramirez, where he began to sexually assault her before she broke away, ran from the apartment and called police.

Ramirez was initially charged with indecent assault and battery on a person older than 14, kidnapping, and assault with intent to rape. The other charges resulted from an April arrest in which Ramirez was accused of crashing a baby shower, where he started dancing with young girls despite being ordered to leave.

Continue reading "Man sentenced to jail in Framingham sexual assault case involving teenager" »

Massachusetts drug charges were brought out of the Stoughton district court as a result of a citizen tip. Ceclia Reilly according to the Brockton Enterprise was arraigned on the charge of possession of a Class A drug subsequent offense.

Reilly was stopped by police based on a tip that she was injecting herself in a parking lot in Brockton. If the tip is the sole basis for the stop, a Massachusetts criminal defense lawyer would want to challenge the stop as being in violation of the 4th Amendment. This would occur at a motion to suppress hearing where the police will have to establish that the tip was sufficiently detailed and reliable to provide reasonable suspicion to make a motor vehicle stop.

Continue reading "Massachusetts drug charges brought in Stoughton district court as a result of a citizen tip" »

Five suspects are facing Massachusetts shoplifting charges in Attleboro after being accused of stealing at least $2,500 in merchandise from Route 1 stores using a "boosting bag," the Sun Chronicle reported.

The defendants were arraigned in Attleboro District Court on related charges as police continue to inventory perfume, candles, alcohol, cosmetics, batteries and other items. A booster bag is a shopping bag designed to foil electronic security systems in store entrances and exits.

Prosecutors allege that the defendants were acting together to carry out the thefts. Most were ordered held in jail following the arraignment. Lavina L. Qualls, 25, of Providence; Tyris D. Nealy, 29, of Woonsocket; Dennissa J. Porter, 20, of Providence, and Robert A. Rowe, 29, of Providence. One suspect, Josue Gonzalez, 20, of Providence, was freed without bail because he has no prior criminal record.

The suspects were arrested shortly before 9 p.m. Tuesday when a patrolman spotted two women running from store security in the parking lot outside Bed, Bath and Beyond. One suspect reportedly ditched a bag of candles beneath a car. Gonzalez and Rowe, who is handicapped and uses a wheelchair, were arrested inside the car, where police found a boosting bag and numerous items of merchandise.

The items were from Victoria Secret and Ocean State Job Lot.

Still, the district attorney was forced to dismiss some of the larceny and receiving stolen property charges against some of the defendants after their defense attorneys argued police failed to establish probable cause for the vehicle search. Police cannot search your person, vehicle or other property without establishing legal grounds. When a defendant's rights are violated, an Attleboro criminal defense lawyer can frequently prevent the evidence form being used in court. A reduction or dismissal of the charges often results.

Continue reading "Charges dismissed in Attleboro shoplifting case after Massachusetts criminal defense lawyers argue officers lacked probable cause" »

A former girls soccer coach from Duxbury is headed to prison on a Massachusetts rape charge after being convicted of raping one of his 15-year-old players, the Patriot Ledger reported.

Jose Arana was sentenced to 8 to 10 years for rape of a child with force, followed by 2.5 years of probation for two counts of indecent assault and battery of a child over the age of 14. Under Massachusetts Law (Ch. 265 Sec. 22A) rape of a child by force is punishable by up to life in prison. In this case, prosecutors had asked for a sentence of 10 to 12 years.

Sex crimes always require an experienced Massachusetts criminal defense lawyer, not only because of the complexity of such cases, but because post-conviction reporting requirements can often get a defendant back in trouble with the law long after a sentence has been served. In this case, the defendant will be required to wear a GPS tracking device, must complete a sex offender treatment program, and can have no contact with the victim or a child under 16.

This case was also complicated by a previous trial in which the defendant was convicted. That conviction was overturned because the judge permitted too much second-hand testimony.

The former coach at Notre Dame Academy in Hingham was initially charged with sexually assaulting two sisters who were at his home for a sleepover with his daughter in 2004. The older sister had played on the soccer team he had coached and was 15 at the time. The trial lasted for a week and the jury issued its verdict after about six hours of deliberation.

He had been previously convicted but was out of jail since last year, when the Supreme Judicial Court threw out his 2007 conviction, citing too much second-hand testimony. He will get credit for time served on his previous 11 to 17 year prison sentence.

He had initially faced more than a dozen charges. But the prosecutor dropped some of the charges during the first trial, the judge dismissed others and the jury found him not guilty of some of the charges.

Continue reading "Man convicted of Massachusetts rape charge involving 15-year-old student" »

A 52-year-old woman is facing theft charges in Brockton after being accused of stealing money from a handicapped boy, the Enterprise News reported.

However, supporters say she is wrongly accused and is so committed to helping the boy that she has risked her name, reputation and friendships to protect the funds meant for his care. Sometimes, theft allegations are made against someone who has legal guardianship over a disabled adult, or even someone who is simply trying to do something to help someone else with their financial affairs or with a medical condition or other problem. Such cases can be complicated, particularly when solicited donations are involved.

In this case, the two versions played out at the woman's arraignment in Brockton Superior Court, where she is charged with stealing money from a fund to help a boy who is confined to a wheelchair and suffers from muscular dystrophy. She has pleaded not guilty to charges of larceny by embezzlement of a disabled person and willfully misleading a police officer.

A Massachusetts larceny charge (Ch. 266 Sec. 30) that accuses a defendant of stealing $250 or more from a person with a disability, is punishable by up to 10 years in prison and a $50,000 fine. The judge ordered Debra Enos to turn over $7,566 collected for the boy and to have no contact with either the child or his family.

Prosecutors say she stole all but $4.05 from the fund in February and closed the account. The state alleges she used an ATM card to withdraw money from the account on 46 different occasions and has six larceny-related cases on her record. A Massachusetts criminal defense lawyer will review her prior record and should seek to prohibit the past allegations from being used against her in this case.

She is scheduled to be back in court for a pretrial conference on July 8 and for a pretrial hearing on Sept. 27.

Continue reading "Brockton larceny charges accuse woman of stealing from fund meant for handicapped boy" »

The Massachusetts Supreme Judicial Court, in the case of Commonwealth v. Kevin Grannum, ruled that a defendant could not have his plea vacated as a result of the failure of the judge to provide the defendant with the immigration warning required by the Massachusetts law, Chapter 278 Section 29D, because the defendant could not show that his plea was going to have the consequence of deportation, exclusion of admission into the United States or denial of naturalization.

The court held that a defendant attempting to withdraw a plea based on the failure of the judge to provide the immigration warning must show more than a hypothetical consequence that could result from his plea. The court found that the defendant must prove a nexus between the defective warning and the immigration consequence that the defendant is going to suffer.

In Grannum, the defendant argued that his admission to a continuance without a finding formed a statutory basis for deportation. The SJC held that a defendant must go beyond this showing and demonstrate that he was taken into custody by federal authorities, that he is currently in deportation proceedings, that he has been notified by immigration authorities of pending immigration proceedings or that federal immigration policy calls for the deportation proceeding to be initiated.

As a Massachusetts criminal defense lawyer, the court's decision underscores the importance of avoiding criminal convictions for noncitizens. Additionally, the court's decision creates a practical problem in challenging defective pleas as a defendant would already be involved in immigration proceedings before being able to obtain relief in the Massachusetts courts by way having a criminal defense lawyer file a motion to vacate a plea.

In two cases decided on June 15, 2010, the Massachusetts Supreme Judicial Court interpreted the resisting arrest statute of Massachusetts General Laws Chapter 268 Section 32B. The two cases were Commonwealth v. Quintos Q, involving a juvenile and Commonwealth v. Montoya.

In Montoya, police officers testified at trial that they saw the defendant fire three gunshots. The officers intended to take the defendant into custody, but the defendant fled on a bicycle. The defendant stopped and ran behind some stairs, was ordered to stop by the police, but continued to flee.

The defendant ran and jumped over a fence only to land in a canal. The officers did not follow the defendant over the fence but told him he was under arrest and the defendant made no further attempts to flee the police.

Under Massachusetts law, the Commonwealth must prove the following to obtain a conviction of resisting arrest. A person commits the crime of resisting arrest by knowingly preventing an officer from making an arrest or by using any other means that create a risk of substantial bodily injury to the police officer or another.

Monotoya's Massachusetts criminal defense lawyer argued that since the police officer did not follow the defendant over the fence, that the defendant cannot be convicted of resisting arrest because his actions did not create a risk of substantial bodily injury to the officer.

The Massachusetts Supreme Judicial Court rejected this argument holding that the officers did not have to be exposed to the risk as long as the defendant created the risk of bodily injury to the officers. The court held that the trial judge properly denied the defense lawyer's motions for required finding of not guilty as there was enough evidence for the defendant to be convicted of resisting arrest.

The second resisting arrest case, Quintos Q, involved a similar set of circumstances as Montoya. The defendant in Quintos Q, was a passenger in a car that was being followed by the police. The driver attempted to get away from the police, but crashed the car, at which time the defendant and the driver ran. The officer never had time to say anything to the defendant. Finally, another officer saw the defendant trying to climb a wall and yelled stop police. The defendant did not attempt to flee further as he was cornered.

The Massachusetts Supreme Court held that the defendant was not under arrest until he was cornered, trying to climb the wall. The court found that the officers never communicated to the defendant an intent to make an arrest. Accordingly, the SJC reversed the juvenile delinquency conviction.

Continue reading "Massachusetts Supreme Judicial Court interprets the resisting arrest statute in two recent cases" »

The Fall River District Court is relocating beginning this Monday, June 28th, with all criminal cases now being heard at 186 South Main Street, Fall River. The new courthouse will hear all criminal charges brought in the Fall River District Court. Prior to the opening of the new courthouse, district court matters were heard in two separate courthouse.

The new Fall River court will also hear all superior court matters for Bristol Country. It is expected that the new courthouse will make scheduling matters and parking more convenient for all using the courthouse.

Continue reading "Fall River criminal cases to be heard at new courthouse at 186 South Main Street " »

The Taunton Daily Gazette reports that a Massachusetts Cub Scout volunteer is facing child pornography charges.

Christopher Roy, 37, a Cub Scout volunteer who was seeking to become a Cub Scout leader, was arrested at his home on June 16. The United States District Attorney for Northern Texas reports that federal Immigration and Customs Enforcement officials have placed Roy on a watch list of people suspected of purchasing memberships to child pornography websites. On June 12, agents screened his bag at Dallas-Fort Worth International Airport and found what they believed were several child-pornography videos downloaded from the Internet. He had been returning from a trip to Aguascalientes, Mexico.

Roy is in custody pending a detention hearing next week in U.S. District Court in Massachusetts. Possession of child pornography carries a sentence of 10 years in prison and a $250,000 fine as well as lifetime supervision upon release.

Child pornography charges are very serious and should always be handled by a Massachusetts criminal defense attorney. In this case, the Scouts are busy distancing themselves from Roy. A local director said Roy is now forbidden from having any contact with scouting. He also said that Roy had never submitted paperwork to be a scout leader. However, Roy was a volunteer and is listed as "committee chairman" on a website for Middleboro Cub Scout Pack 96. The spokesperson said the website is not official and that Roy was not a committee chairman but had been working toward that goal.

Continue reading "Massachusetts Cub Scout volunteer facing child pornography charges" »

A flag football match that ended in a double stabbing has led to attempted murder charges in Fall River, according to the Taunton Gazette.

Justin S. Farland, 20, was arrested Wednesday night and charged with two counts of assault with a dangerous weapon and two counts of attempted murder. Farland is being held in the Bristol County House of Correction on $50,000 bail. Erika DeSousa, 20, was released on $5,000 bail and is charged with four counts of being an accessory after the fact. Farland is accused of stabbing two victims at Teamworks, an indoor sports facility on Lees River Avenue, and handing the knife to DeSousa.

The charges against DeSousa illustrate how friends of someone accused of a crime can also face criminal charges. Such charges result when authorities allege a friend was involved in a crime in any way. It is likely that authorities hope charging her will induce her to cooperate and testify against Farland. The pair should consult an experienced Fall River criminal defense attorney right away.

The fight broke out between the Fall River Beavers and the Taunton Terrors and sent two men to the hospital with stab wounds. Both men were transported to Rhode Island Hospital, where one was treated for wounds to the lungs and liver and the other suffered a punctured lung.

Police report that Farland fled in a white van and was picked up shortly after the incident. He was released a few hours later because of a lack of evidence. Police report they interviewed more than 30 people and watched videotape taken by Teamworks management. They contend that the tapes show Farland coming off the bench to join a 20-man brawl that erupted with about eight minutes left in the game.

Investigators say videotape shows him fleeing the building and putting the knife in a car driven by DeSousa. The knife has not been found.

Continue reading "Fall River attempted murder charges filed after stabbing at flag-football game" »