Massachusetts Criminal Defense Lawyer Blog

A Quincy, Massachusetts woman is facing charges of shoplifting and receiving stolen property according to the Patriot Ledger. The Ledger reports that the woman is charged with having stolen shoes from Sears in the South Shore Plaza in Braintree. Store security stopped the Quincy Woman, Doreen Cunningham and found shoes on her and additional items in her car.

An interesting issue that a Massachusetts criminal lawyer would explore is when store security made the stop and detained Ms. Cunningham. If she was detained prior to her reaching the car, she may have a basis to suppress the evidence found in the car as there would not be probable cause to search her car.

It appears that the charge of receiving stolen property concerns the items found in the car, that the security did not witness being taken from the store. A charge of receiving stolen property requiring the Commonwealth to prove the following elements. that the property was stolen, that the defendant knew that the property was stolen and that the defendant knowingly had stolen property in his or her possession. Generally, a trial on the charge of receiving stolen property centers on the issue of whether the defendant knew the property was stolen. In cases where a defendant is caught with recently stolen merchandise, there is a presumption that a defendant knew the items were stolen if other evidence supports an inference of knowledge.

Continue reading "Quincy, Massachusetts woman faces charges of shoplifting and receiving stolen property" »

A Wareham, Massachusetts man, Randy Kennedy and female, Christine Conte were arrested after the Wareham police executed a search warrant of their residence at 20 Linwood Avenue according to news accounts.

Kennedy was charged with drug distribution and drug trafficking. Conte was charged with weapons offenses as a result of having a handgun without an FID card and possession of ammunition.

In this case, a good Massachusetts criminal defense lawyer would review the search warrant to determine if there was probable cause to execute the warrant. To challenge the validity of a warrant a criminal defense lawyer reviews the affidavit in support of the warrant. Once the warrant is obtained a hearing date can be set to have a judge review the determination that probable cause existed to support the search of the residence. The warrant must contain facts indicating that there is probable cause to believe that criminal activity is occurring at the residence. Often in drug cases the police rely on confidential informants to provide the basis for obtaining the warrant. A court will carefully review the reliability and veracity of the unnamed informant to determine whether the search was proper under the 4th Amendment of the United States Constitution and Article 14 of the Massachusetts Declaration of Rights.

A Massachusetts criminal defense attorney would also review the search warrant to ensure that there is probable cause to believe that illegal activity was occurring at the residence searched. In some drug cases, the police improperly obtain a warrant to search a house of a defendant based on drug activity occurring away from the house. In those situations, a motion to suppress the search should be successful.

Based on the news account, the Wareham defendants face serious charges that could result in the Commonwealth seeking a cash bail. This case will require a criminal lawyer to carefully investigate the case to prepare a defense.

Taunton, Massachusetts police are investigating a series of vandalism and tagging incidents over the past few days before the Christmas holiday according to a news report from the ABC news.

Massachusetts General Laws Chapter 266 section 123A prohibits tagging or graffiti to property. The tagging statute carries with it the potential for a two year jail sentence in the house of correction; a conviction of tagging may result in jail time or probationary conditions. Further, a conviction of tagging typically involves an order of restitution for the damage to the property. Closely related to the tagging statute is Massachusetts General Laws Chapter 266 Section 127 relating to malicious destruction of property.

In defending a charge of tagging or malicious destruction of property, a Massachusetts criminal defense attorney would want to look carefully at the evidence identifying the defendant as the person causing the damage to the property. Assuming there is a witness to the destruction of the property, a criminal lawyer would attempt to negotiate with the Commonwealth for either a dismissal on restitution or a short probationary period.

Continue reading "Taunton, Massachusetts police investigate vandalism and tagging incidents" »

A teenager was arrested and charged with assault and battery after a weekend spat with a former friend, the Taunton Daily Gazette reported.

A Taunton, Massachusetts defense lawyer experienced in assault and battery cases might be able to get these charges reduced, or even dismissed. This case is typical of many alleged assault cases, where both parties were clearly involved and police make an arrest to end the argument more than anything else. Real evidence is likely minimal to non-existent and testimony from the alleged "victim" -- if she even agrees to testify or cooperates with any prosecution -- will likely be of minimal value.

Police arrested the 19-year-old HIghland Court woman on Sunday, following the hair-pulling, finger-biting incident, after alleging that she had been the main culprit of the fight in the back seat of a parked car.

When police responded to a domestic-dispute complaint at the Highland Court address shortly before 8 a.m., they found two women outside, one alleging she had been injured by the defendant.

Upon questioning, the defendant did not deny the scuffle with her one-time close friend, but pointed out to police that she had suffered injuries, including a bite on her pinkie finger and scratches on her face.

Police reported that the alleged victim suffered a loss of hair and a laceration to her back after she came to the apartment with another friend to talk to the defendant. She requested immediate medical treatment but declined to be transported to the hospital.

In addition to the defendant's arrest, both woman were advised of their right to invoke a 209a abuse prevention, or restraining, order against one another.

Continue reading "Taunton, Massachusetts woman charged with assault and battery after fight with former friend" »

A New Bedford woman, Kristy Roshia is being held without bail in Hawaii after making threats to commit a crime against first lady Michelle Obama. Roshia is held in federal custody. According to a news account, Roshia made numerous threats against Mrs. Obama by calling the Boston Secret Service Office and telling receptionists that she would kill the First Lady. The Secret Service was able to locate Roshia as she mailed the office that she was in Hawaii. News accounts state that Roshia has been previously arrested for threats.

Under Massachusetts criminal law, a threat to commit a crime requires the Commonwealth to prove an expression of the intent to inflict a crime on another and an ability to do so in circumstances that would justify apprehension on the part of the recipient of the threat. Many Massachusetts threats charges involve cases of relatively minor threats of teenagers stating they want to fight someone. In some cases, a threat will be made as a result of being in a heated argument or relationship. Often charges of threats to commit a crime can be resolved favorably at a pretrial proceeding and do not require the necessity of a trial.

Continue reading "New Bedford, Massachusetts woman held on threats charge against First Lady, Michelle Obama" »

A Massachusetts criminal defense lawyer was denied a new trial for his client convicted of embezzlement after jurors were found to be discussing the case on facebook. During the trial, three jurors were found to be posting comments about the trial on their facebook page. In response, judges have cautioned jurors about going on social networking sites, doing a google search on the parties involved in the case and even going on the internet at all during the trial.

The problem with social networking sites impacting juror trials is not limited to Massachusetts. In Florida criminal case, nine jurors admitted to doing online research about the case. In Britain, a juror asked a friend on facebook to help decide a case. Problems with online social networking sites and there impact on juries in criminal cases will continue to be a challenge for Massachusetts criminal defense attorneys.

A Massachusetts drug distribution charge was brought against a Falmouth man after police arrested him with 43 pounds of marijuana mailed to a Pembroke home and addressed to the Pembroke Little League.

The Brockton Enterprise reported that police closed in Tuesday after the package was delivered and the man loaded it into a truck.

He was charged with intent to distribute and held by Pembroke police on $10,000 cash bail, pending an arraignment in Plymouth District Court.

In this case, a Massachusetts defense attorney experienced in handling drug cases in Plymouth District Court might challenge whether the defendant knew the package contained illegal narcotics.

A Massachusetts intent to distribute charge requires the Commonwealth to prove that a defendant not only possessed narcotics, but had the further intent to distribute. The state may well argue that the defendant was caught in the act of distributing by taking delivery of the package and attempting to move it, even if he never intended to sell the drugs on the street.

Other factors the state frequently uses in an attempt to prove a distribution charge include the amount of narcotics found on the individual, whether the individual has large amounts of money, or other items associated with drug distribution.

Whether or not the amount of marijuana delivered was intentional, it is interesting to note the Class D sentencing schedule for marijuana sale begins at 50 pounds, which would carry a minimum penalty of a year in prison and a maximum penalty of 15 years behind bars.

Police allege he arranged to have the marijuana dropped off at the Penbroke house by a package delivery company. However, police would not disclose the address of the house, how they knew the package would be arriving or the name of the delivery company.

Authorities also questioned whether the man was part of a larger drug operation.

"When you start talking about 43 pounds, that's an awful lot of marijuana for a particular area," police Lt. Mike Jenness told the Brockton Enterprise. "I don't believe it's a one-person, one-time shot."

Police said the 43 pounds of marijuana had a street value of more than $150,000.

Authorities said they were uncertain why the package was addressed to the little league and have determined that there is no little league organization in town.

Continue reading "Massachusetts drug distribution charge against Falmouth man after being busted with 43 pounds of marijuana addressed to the little league" »

The Massachusetts Appeals Court, in Commonwealth v. Deniz overturned a conviction of drug trafficking relying on the Melendez-Diaz decision of the United States Supreme Court to hold that the Commonwealth failed to prove the weight of the narcotics and that the substance was in fact an illegal narcotic.

A conviction of drug trafficking in Massachusetts requires that the Commonwealth prove that the defendant possessed over a certain quantity of cocaine or other illegal narcotics. A Massachusetts drug offense based on trafficking begins with possession of over 14 grams; the sentence is then increased depending on whether the amount is over 28 grams, 100 grams or 200 grams. Any possession with the intent to distribute less than 14 grams is a distribution charge that would be prosecuted in district court as comparing to trafficking cases which are heard in the superior court.

Additionally, the court found that without the drug certification the Commonwealth failed to prove that the substance was cocaine. Since Melendez-Diaz, the court has found in numerous cases that the admission of the drug certificate was harmless error by holding that the officer was permitted to testify that based on training and experience that the officer could identify the substance as an illegal narcotic. The court has also relied on admissions of defendants to find that the admission of the drug certificate was harmless error. In Depina, the Commonwealth did not offer testify as to the officer's training and experience to make the admission of the drug certificate harmless error.

Continue reading "Drug trafficking conviction overturned by Appeals Court under 6th Amendment confrontation case Melendez-Diaz" »

Two teenagers are facing drug charges after police found marijuana, cocaine and alleged drug packing materials in an Attleboro apartment, according to the Sun Chronicle.

In this case, a Massachusetts defense lawyer experienced in representing juveniles and adults for drug crimes in Attleboro District Court might challenge the legality of the search. Although the case is complicated by the presence of a wanted suspect allegedly hiding on the premises, police did not arrive with a warrant pursuant to a drug investigation.

Additionally, one of the teens faces probation violations. An experienced Attleboro probation violation attorney will need to fight those charges in addition to the current charges. Probation violations can be serious because they often result in sentences being imposed for past crimes in addition to current charges.

In this case, police were looking for a 17-year-old male wanted by the Department of Youth Services, when they found him hiding in the apartment and took him into custody along with another 17-year-old at the Pearl Street apartment.

An assistant district attorney said the wanted teen was an alleged gang member and the drug arrests were made after police smelled marijuana in the apartment.

Police seized a bong for smoking drugs, 10 baggies of a white powdery substance, four bags reportedly containing marijuana, a scale, plastic baggies and a .45 caliber bullet.

The second teen, who was on probation, was ordered held without bond in Attleboro District Court pending a probation violation hearing. He has previous convictions for carrying a dangerous weapon, possession of marijuana, vandalism and driving to endanger, according to the report. He is also accused of making telephone threats to a family member over money reportedly owed for drugs.

The other teen was ordered held in jail on $4,000 cash bail. Both teens pleaded innocent and their lawyers deny their clients had any involvement with drugs in the house. One of the lawyers did indicate challenging the legality of the search was being considered.

Continue reading "Teens face Attleboro, Massachusetts drug charges, probation violation hearing" »

Charges have been dismissed against a 39-year-old Milton man who was accused of breaking a woman's jaw. And, while the woman's brother and another man still face criminal charges for allegedly beating the man in retaliation, some of those charges have been dismissed as well.

Police often charge everyone involved in domestic assault or criminal assault and battery cases; often the evidence amounts to little more than accusations and finger pointing.

Hiring a Massachusetts criminal defense attorney experienced in defending assault cases in Hingham District Court or Quincy District Court can help protect the rights of those charged with a Massachusetts assault crime.

In this case, the brother, John Walsh, 26, and the alleged accomplice, Michael Captirgno, both of Quincy, are accused of beating Anthony Gaul outside a Rockland Bar where Gaul was a bartender, the Patriot Ledger reported.

They stand accused of beating Gaul with a golf club on Jan. 25 after a fight Gaul had with Walsh's sister, according to records of the Hingham District Court. They faced initial charges of attempted murder, assault and battery with a dangerous weapon and maliciously damaging a motor vehicle after smashing the windshield of Gaul's car, according to the Patriot Ledger.

The attempted murder and malicious damage charges against Walsh have since been dismissed at the request of the Plymouth County District Attorney's Office. Both men are expected to be in court Wednesday for a status hearing on their case.

Charges of aggravated assault and battery against Gaul were dismissed Nov. 30 because of a lack of witness cooperation. Those charges were filed after Walsh's sister, Emily, 23, of Easton, made a criminal complaint in Quincy District Court. Emily Walsh said at a magistrate's hearing that Gaul struck her Jan. 24 and broke her jaw in two places.

Police reported Gaul told them he struck the woman while attempting to defend himself from an assault. The argument reportedly began when the woman said she did not want to be romantically involved.

Continue reading "Hingham, Massachusetts assault case unraveling as charges dismissed" »

Two Attleboro, Massachusetts teens face charges of vandalism in the Attleboro District Court. Brandon Simison is alleged to have attempted to break into a car at the North Attleboro Teen Center and vandalize the air condition cover. The Attleboro teen was also charged with attempted breaking and entering into a motor vehicle. According to the news account, the teen ran from the car along with another individual when the owner came out.

As a Massachusetts criminal defense lawyer, a charge of attempt requires the Commonwealth to prove that the defendant committed an overt act toward committing the criminal offense. Essentially, the Commonwealth is requires to prove that the defendant had a specific intent to commit the crime of attempted burglary, that the defendant took an overt act toward committing the crime, which was part of carrying out the particular crime and came reasonably close to committing the crime.

Continue reading "Attleboro, Massachusetts teens faces a Massachusetts criminal vandalism charge" »

A Weymouth, Massachusetts man was charged with possession of cocaine with the intent to distribute. A charge of possession of cocaine with the intent to distribute, is a felony offense, that carries with it the potential for jail time and a three year license loss upon conviction.

An intent to distribute charge requires the Commonwealth to prove that a defendant not only possessed narcotics, but had the further intent to distribute. This is proven based on the amount of narcotics found on the individual, whether the individual has large amounts of money, or other items associated with drug distribution.

On December 11, 2009, a Weymouth man, Rodriguez J. Lugay, was arrested for drug distribution in Quincy. According to the news account, it appears as though the police believed that they witnessed a drug transaction and arrested Rodriguez. As a Massachusetts criminal defense lawyer, cases like this, where the police claim to have witnessed a drug transaction, often raise a claim that a defendant's constitutional rights under the Fourth Amendment have been violated.