Massachusetts Criminal Defense Lawyer Blog

The Massachusetts Supreme Judicial Court overturned a defendant's conviction for attempting to disseminate matter harmful to a minor under Massachusetts General Laws Chapter 272 Section 28 and 31. The defendant was charged with a Massachusetts sex crime that would require him to have to register as a sex offender.

The case arose out of an effort to uncover online crimes involving child pornography and child enticement. As part of the investigation, an undercover police officer set up a fake online screen name and profile, pretending to be a 13 year-old, eighth grade student. The screen account that was set up, encouraged users to make contact through instant messaging.

The defendant was found guilty of having attempted to disseminate harmful matter to a minor as a result of the content of his instant messages. He was convicted and sentence to one year in prison according to the Boston Herald.

The Massachusetts Supreme Judicial Court, vacated his conviction on the grounds that the statute he was convicted under did not define instant messaging as matter as defined in the statute. The SJC emphasized that "matter" is defined by the statute as any handwritten or printed material, visual representation, live performance or sound recording, including but not limited to books, magazines, motion picture films, pamphlets, pictures, figures, statues, plays, dances. Within this definition, online conversations were not included by the legislature. The court held that because the statute was a criminal statute, the court would have to construe the statute strictly in favor of the defendant. Applying this legal principle, the court held that the defendants' conduct did not fall within the conducted prohibited by the statute and vacated the conviction.

While the court acknowledged that the legislative intent would have been to criminalize the defendant's conduct, the court stressed that it could not expand the intent of the statute and called on the legislature to amend the statute to criminalize the defendant's conduct.

In this case, the Massachusetts criminal lawyer did a skillful job of preserving the issue of the language of the statute for appeal to ultimately prevail in what was clearly a difficult case to defend.

Continue reading "Court overturns Massachusetts internet sex crime conviction" »

Drug-sniffing dogs were used at Attleboro High School to search for drugs in school lockers and in cars driven by students. Six high school lockers were searched and three cars according to the Attleboro Sun Chronicle. The search was not based on any tip or previous intelligence regarding drug activity. No student was charged with any Massachusetts drug crime.

Since the searched revealed no illegal drugs, the legality of the search is likely to go unchallenged. Was this search Constitutional under the Fourth Amendment and Article 14 of the Massachusetts Declaration of Rights? This issue would be at the center of any challenge by a Massachusetts Drug Defense lawyer if charges were brought from a school search. The use of canine to search for drugs at public schools is being used by other school districts.

The United States Supreme Court held in a case called New Jersey v. T.L.O., 469 U.S. 325 (1985), that a search of a student by a teacher is constitutional if there is reasonable grounds for believing the search will uncover evidence of criminal activity or violation of school rules.

The United States Supreme Court and Massachusetts Supreme Judicial Court have held that a canine sniff is not a search under the Fourth Amendment or Article 14 because individuals do not have a reasonable expectation of privacy in the smell from the place being searched, the smell from a car or locker. The Massachusetts Supreme Court recognized this in a case called Commonwealth v. Feyenard, 445 Mass. 72 (2005) while the United States Supreme Court decision of Illinois v. Cabelles, 543 U.S. 405 (2005) holds that alerts from canine sniffing dogs are Constitutional under the Fourth Amendment.

The issue here is can a canine alert, without any other factors showing that the car or locker contains narcotics, justify a search under the Fourth Amendment or Article 14 of the Massachusetts Constitution, referred to as the Declaration of Rights. The case of Commonwealth v. Pedro Mateo-German, 453 Mass. 838 (2009), would suggest that the police need some other factors showing that there is narcotics in the area where the canine makes a positive alert.

In this case, it appears that the canine made three false positive alerts, calling into question the reliability of the canine or the training of the officer handling the canine. Numerous issues can arise with canine sniffs for drugs. An officer can misinterpret the alert; the handler's actions could cause the canine to make a false positive alert. With cars parked next to each other in a parking lot, there is the possibility that the dog cannot distinguish where the scent came from, causing a false positive alert.

Massachusetts drug cases based on canine alerts often require a motion to suppress challenging the accuracy of the canine and the training of the officer handling the dog.

Continue reading "Canine sniffing drug dogs used to search Attleboro, Massachusetts high school for drugs " »

A 47-year-old Taunton man is facing Massachusett's burglary and theft charges in connection with a string of burglaries across the region, the Taunton Daily Gazette reported.

While a Boston criminal defense attorney should be called to represent anyone facing Massachusett's theft charges, allegations in this case are more serious and include assault and battery in connection with the thefts.

The defendant was accused of stealing cash, jewelry, televisions and other items; in one case, a victim was hit in the head with a crowbar.

Charges included breaking and entering, destruction of property, larceny of a firearm, assault and battery with a dangerous weapon and malicious destruction to property.

The defendant pleaded not guilty last week in Brockton District Court.

The burglaries occurred in East Bridgewater, West Bridgewater, Bridgewater and Middleboro. Police say the defendant may also face related charges in Holbrook, Whitman and Canton.

Detective reported the charges stem from a series of apparently related house break-ins over the past six to eight weeks.

Continue reading "Man faces Massachusetts burglary charges in Brockton District Court" »

Two young woman are facing Massachusetts assault and battery with a dangerous weapon and unarmed robbery charges in Waltham District Court in connection with the stabbing of a Bentley University student inside a residence hall, Boston.com reported.

The women, ages 22 and 19, were charged in connection with the stabbing of a male student inside Fenway Residence Hall, according to authorities. Both pleaded not guilty at arraignment in Waltham District Court and were ordered held without bail.

A Massachusetts defense lawyer experienced in handling assault and battery cases should be called to represent anyone facing serious traffic or criminal charges in the Boston area.

The two will face dangerousness hearings on Feb. 10 as well as hearings on whether their personal recognizance bail should be revoked in a separate case pending in Boston Municipal Court.

The 21-year-old victim was taken from the dorm shortly after 3:30 a.m. to a local hospital. He was reportedly in stable condition, according to a university spokesperson.

Bentley police reported one of the defendant's said the victim offered her $50 for oral sex but she refused. One of the women then stabbed the student and the defendants stole $300 from his bedroom, according to police.

The women already face charges in Boston Municipal Court, in a case alleging that they robbed a man who paid them for sex but changed his mind and wanted his money back, Boston.com reported.

Police responding to a 911 call found the student with a large stab wound to the upper chest. He gave a description of the suspects and they were chased down and arrested while running toward an SUV in the visitor's parking lot.

Continue reading "Students face Massachusetts assault and battery charges in Waltham District Court" »

A 64-year-old Framingham man is facing Massachusetts gun charges after a neighbor reported the man aimed a laser sight into his home, according to the MetroWest Daily News.

The defendant posted $10,000 bail and placed under house arrest after appearing in Framingham District Court. A Framingham defense lawyer experienced in handling Massachusetts weapons charges should represent anyone facing gun charges in the Boston area.

Police arrested the defendant at his Henderson Circle home, shortly after 2 a.m. Sunday after a neighbor called to report a red laser was being pointed into his house from the defendant's residence.

Police found a Black & Decker laser turned on and pointed out the window; they also reported finding a marinjuana pipe nearby, a prosecutor said.

Officers found several guns, including an assault rifle and a 9mm handgun, as well as a black powder handgun and a large-capacity magazine, according to the new's account. Prosecutors said the defendant did not have permits for the firearms.

The defendant was charged with disturbing the peace while armed, two counts of possession of a high-capacity firearm, unlawful possession of a high-capacity magazine, unlawful possession of a firearm, three counts of improper storage of a firearm and unlawful possession of ammunition.

The judge ordered the house arrest in response to the concerns of neighbors and reports that the defendant had acted in a threatening manner in the past. His attorney said his client has never been charged with a violent crime and did not point or threaten anyone with a gun.

Continue reading "House arrest ordered for man facing Massachusetts gun charges in Framingham District Court" »

A 47-year-old South Boston man is in jail on $100,000 bail for Massachusetts child pornography charges, including one count of possession of child pornography and one count of distributing child pornography.

A Boston defense lawyer experienced in handling Massachusetts Internet pornography charges and child pornography charges should be called to represent anyone charged with a Massachusetts sex crime. In particular, Internet pornography charges are becoming far more common, as are cases where another computer user, or even a computer virus, is found to be responsible for the images.

In this case, the Boston Herald reported that investigators uncovered one of the world's largest child-porn collections, depicting girls as young as 5 or 6 years old having sex with men. Authorities allegedly found 16,000 child porn files on file-sharing software contained on the defendant's computer.

The defendant, who is the father of five adult children, reportedly made a confession to officers but he pleaded not guilty to both counts at his arraignment in South Boston District Court. His defense attorney called the technology investigators use to track Internet pornography "flawed," and said the number of files had no relevance to the case at all.

The investigation began after an alert from Pennsylvania authorities that the defendant could be sharing files containing child pornography.

Continue reading "South Boston man pleads not guilty to Massachusetts Internet child pornography charges" »

On Monday, a man was beaten and assaulted after being identified on video removing a large jar of coins from a friend's apartment. According to the Metrowest Daily News, Michael P. Moore was assaulted in a wooded area near Hollis and Gordon streets. He didn't know if a weapon was involved or not.

An unidentified man told police that Moore broke into his apartment on Saturday and stole $250 in coins. The break-in was caught on videotape, and the man's roommates recognized Moore as a friend who often visited. When the man and a friend ran into Moore on Monday, the friend punched Moore in the face. Moore did not deny the break-in, and stated that he and another person went to the apartment and took the coins.

Moore is charged with larceny and breaking and entering.

Under Massachusetts Law, a conviction of a either of these charges can have serious consequences. Larceny of a sum over $250 is considered a felony and a criminal conviction could mean possible jail time, probation conditions, and require that you submit to DNA testing.

A larceny charge for under $250 is considered a misdemeanor and can often have serious implications, including jail time up to 1 year and other penalties. Penalties for breaking and entering with the intent to commit a misdemeanor can be up to 6 months in prison.

Continue reading "Framingham, Massachusetts man beaten after allegedly stealing $250 in coins" »

Dedham police arrested a 29-year-old woman in Roxbury, on Massachusetts larceny charges, alleging she stole about $355 worth of merchandise from the Dedham Mall Sears earlier this month, The Daily News reported.

Massachusetts larceny charges for a theft of more than $250 are typically a felony. But even misdemeanor charges for thefts under $250 can mean a record that can make it tough to get certain jobs and a conviction can stay with you for years. A Boston defense attorney experienced in representing theft charges in Dedham District Court can help protect your rights and work for the best outcome possible for your case.

Police responded to a call about 8:30 p.m. from store security. The woman was arrested and police reported multiple items of men's and women's clothing in a suitcase the woman used to conceal the items before allegedly leaving the store without paying for them.

The woman pleased not guilty to the Massachusetts shoplifting charges in Dedham District Court and is scheduled to be back in court for a pretrial hearing on Feb. 4.

Also at the Dedham Sears, police arrests a 21-year-old Braintree man on shoplifting charges on Jan. 6, the Daily News reported.

Security reported stopping the man outside the store after he left concealing a Bosch battery-powered drill and two batteries, worth a total of $170, according to police.

The man pleaded not guilty at his arraignment in Dedham District Court Jan. 7, and is due back for a pretrial hearing Feb. 12.

Continue reading "Massachusetts larceny charges accuse shoplifters in Dedham District Court" »

A 24-year-old Raynham man is facing Massachusetts drug charges after a raid this week by the Drug Enforcement Administration and police. Authorities seized drugs and more than $100,000 in cash, according to the Brockton Enterprise.

Boston Criminal Defense Lawyer Michael DelSignore is an experienced Boston drug trafficking attorney who fights for the rights of clients facing Massachusetts drug charges in Taunton District Court as well as other serious traffic and criminal offenses.

In this case, the Sunflower Drive man was charged with possession and trafficking in oxycodone and possession and trafficking in marijuana. He was arraigned in Taunton District Court and released after posting $5,000 bail.

Authorities raided the man's home, where they found 156 pills believed to be Percocets and 42 large, heat-sealed plastic bags and two more open bags, all of them containing what is believed the be marijuana, according to The Enterprise.

Police also searched the defendant's mother's house, where they believed he was keeping money, and found three safes, one of which contained 24 bundles of money amounting to more than $100,000.

Continue reading "Massachusetts Drug trafficking charges in Taunton District court follow evidence found in drug raid" »

The recent weapons charge against NBA star Gilbert Arenas illustrates the serious nature with which prosecutors, judges and the public view weapon's violations and the importance of having an experienced attorney fighting for your rights.

Boston Defense Lawyer Michael DelSignore knows the challenges of representing clients facing a Massachusetts weapon's charge. The stigma associated with concealed weapons can cloud the legal issues; having a Massachusetts defense attorney experienced in handling gun charges can be critical to protecting your freedom and your constitutional right to keep and bear arms.

Arenas, who had a six-year $111 million contract to play for the Washington Wizards, which could be in jeopardy after he was charged with taking four handguns into the team's locker room, has been suspended indefinitely by N.B.A. Commissioner David Stern.

The Wizards have distanced themselves from their star since he pleaded guilty last week, including removing images of him from the arena, according to The New York Times.

"Gilbert Arenas has been a cornerstone of the Washington Wizards for six years," the organization said after Arenas reached his plea deal last week when he pleaded guilty to a felony charge of carrying a handgun without a license. "We are deeply saddened and disappointed in his actions that have led to the events of this afternoon. Gilbert used extremely poor judgment and is ultimately responsible for his own actions."

Arenas is scheduled to be sentenced March 26 and could avoid prison time, an outcome that could work in his favor if the Wizards pursued removing him for breach of contract.

Continue reading "Gun charges against NBA star illustrate need for Boston defense attorney when facing Massachusetts gun charges " »

Police arrested a Hingham man Friday whom they suspect of committing scores of burglaries across the region, according to the Brockton Enterprise.

Anyone facing burglary, breaking and entering, or other property or theft crimes in Quincy District Court or Newburyport District Court should seek an experienced Massachusetts defense attorney to fight the charges. In this case, the defendant is also facing a host of bail and probation violations that will require the knowledge and experience of a qualified Massachusetts criminal defense lawyer.

Newbury police stopped the man at about 1:40 a.m. Friday; he was driving a minivan that had been reported stolen. The six counts Newbury police filed against him bring the crimes he is accused of committing to 68.

The defendant has been under investigation for months; a Quincy District Court judge let the 50-year-old defendant out of jail in December, according to the Enterprise.

The judge ordered the man back to jail in December but he reportedly fled instead. The defendant has almost 50 criminal convictions dating back to 1978 and has been in and out of prison for most of his adult life.

He was arraigned Friday in Newburyport District Court, where is bail was revoked and he was ordered held for 60 days. He is incarcerated in the Essex County jail. He pleaded not guilty to charges of larceny of a motor vehicle, larceny, felony breaking and entering into a vehicle at night, driving with a suspended license and marked lane violations.

Police call him a career criminal who has hit houses and vehicles from Plymouth to Quincy and beyond. Charges among 43 arrest warrants obtained by Marshfield police include a charge accusing him of being a common and notorious thief, which carries a 20-year sentence. He also faces 19 charges by Norwell police, including breaking and entering at night and identity fraud.

Police reportedly found a storage unit in Hingham filled with what they believe is stolen evidence from home and vehicle break ins across the region, including Christmas presents.

Continue reading "Hingham, Massachusetts man faces dozens of theft charges in Quincy District Court" »

A 49-year-old Stoughton man faces charges for allegedly sneaking into the home of an elderly woman while she was asleep in bed, according to the Taunton Daily Gazette.

Such unlawful entry can be prosecuted with a number of charges. But the presence of a homeowner can increase the charges and penalties for what might otherwise be a simple breaking and entering or burglary.

Stoughton, Massachusetts Criminal Defense Attorney Michael DelSignore represents clients facing serious criminal charges in Taunton District Court, including robbery, burglary, property crimes, sex crimes and drunk driving offenses in Stoughton.

The defendant was being held on $100,000 cash bail after being arraigned in Taunton District Court. He is charged with unarmed burglary, a subsequent offense, and assault, the latter on a straight warrant for an unrelated incident issued out of Brockton District Court.

Police said the man broke into a 70-year-old woman's Avon Street home while she was asleep with the TV on. Taunton police, and a state trooper with a K-9 Unit, determined access was gained through a side door and that several items were taken, including a pocketbook, several metal boxes, credit cards, gift cards, jewelry, cash and a passport.

Police said they identified the defendant through an anonymous tip. Police also reported finding evidence of other recent burglaries after executing a search warrant at the defendant's mother's residence.

Continue reading "Stoughton, Massachusetts man charged with breaking into elderly woman's home" »

A 40-year-old Webster man has pleaded not guilty in Dudley District Court to charges alleging that he shot two men over a drug deal on Dec. 11, according to the Worcester Telegram & Gazette.

An experienced Worcester defense attorney should represent anyone facing serious drug charges, weapons charges or assault charges in Dudley District Court.

In this case, a qualified Worcester defense lawyer will take a serious look at the defendant's claims of self-defense in building a case to defend him; the man claims the shooting occurred in his own apartment and the victims had been trying to rob him.

The defendant was charged by state police detectives with two counts of assault with intent to murder and being in possession of a firearm without a firearm identification card.

He told police he was acting in self-defense because the shooting victims were trying to rob him, the Telegram & Gazette reported. The shooting occurred in his apartment.

The defendant has three pending assault and battery cases. The judge revoked bail in all three cases and set new bail in the amount of $100,000.

The Telegram & Gazette reported that one of the shooting victims was shot in the face and the other remained hospitalized for a gunshot wound to the torso. Both were taken to UMass Memorial Medical Center.

Prosecutors allege the two men showed up at the defendant's house to buy marijuana. The hospital reported that both men showed up at the hospital to be treated for the gunshot wounds. Webster police found "copious amounts of blood" at the shooting scene, according to the police report.

A warrant was obtained to search the defendant's apartment, where four .32-caliber rounds of ammunition were found.

The defendant and his 29-year-old girlfriend were arrested on Dec. 21 in New York City on Massachusetts warrants and questioned about the double shooting. Police allege the two stated the shooting occurred after the men showed up at the apartment to sell them crack cocaine.

There, the girlfriend allegedly told police the defendant removed a pistol from atop the refrigerator, shot the men, and fired four more shots out a second-story window at their fleeing vehicle.

Police report that the defendant admitted to shooting the men.

Continue reading "Self-defense claimed for man facing Massachusetts drug-related shooting charges in Dudley District Court" »

Two men are facing breaking and entering charges in Stoughton District Court after police arrested and charged them on Wednesday with felony daytime breaking and entering, conspiracy and larceny over $250, The Patriot Ledger reported.

Anyone facing charges for property crimes in Stoughton District Court should contact an experienced Stoughton defense lawyer. A qualifed Stoughton defense attorney can help preserve your rights while seeking the best outcome possible for your case.

In this case, police arrested the men, ages 21 and 28, on charges of breaking into a Duggan Street house in Stoughton and stealing nearly $1,000 in personal items.

Stoughton police reported a call from a resident about 1:20 p.m. Wednesday about a suspicious man wearing a dark hooded sweatshirt and hanging around the backyard of the Duggan Street home.

A responding officer reportedly found one of the defendants near a backyard fence with a bag full of stolen items, including a radio, jewelry box and bottle of Vodka.

The other defendant was allegedly driving the getaway car.

Continue reading "Two men face Massachusetts breaking and entering charges for Stoughton burglary" »

A Hopedale man is facing a Massachusetts Indecent Assault and Battery charge on a child under the age of 14, accosting or annoying a person of the opposite sex and assault and battery after being arrested by Hopedale police, according to the Milford Daily News.

A Milford defense attorney experienced in handling sex crimes in Massachusetts should defend anyone facing a sex crime in Milford District Court.

Arrest of the 50-year-old Fieldstone Way man followed a two-week investigation by the Hopedale Police Departement. The Worcester District Attorney Child Abuse Unit notified police on Dec. 17 of an incident involving indecent assault and battery of a child under the age of 14.

The Worcester District Attorney's office said the report came from a Hopedale school employee. Police said the incident occurred Dec. 12 but released no other details.

The defendant was arraigned this week in Milford District Court and released on personal recognizance. A pre-trial is set for early next month.

An experienced Milford defense attorney can work on behalf of clients charged with DUI or other serious traffic or criminal offenses, including Massachusetts sex crimes, in Milford District Court. Through pre-trial conferences with prosecutors, a Milford defense lawyer will be able to take a look at the state's case and work with clients to achieve the best outcome possible in their case.

Continue reading "Hopedale man faces Massachusetts Indecent Assault and Battery Charge in Milford District Court" »