Massachusetts Criminal Defense Lawyer Blog

State DNA labs in Rhode Island are so backlogged it can take six months for police to get results, Eyewitness 12 News reported. Massachusetts crime labs are also experiencing substantial backlogs for DNA testing.

The backlog of evidence in state labs across the country is increasingly an issue. It also means law enforcement very often does not have evidence results during investigation and interviews with potential suspects, which can lead to erroneous charges. Anyone facing a criminal charge involving forensic evidence in Massachusetts should contact an experienced Massachusetts criminal defense attorney to discuss their rights.

Delays in DNA testing or faulty results in overworked labs can also impact criminal defense, as well as those behind bars who are awaiting possible release through DNA evidence or other advanced lab work.

In Rhode Island, statistics from the Department of Health's State Health Laboratories report there are 94 criminals waiting to have their cases analyzed for DNA evidence. The lab's director Dr. Ewa King, said backlog in state labs has become a nation epedemic and called the Rhode Island situation "critical."

"We are doing comparably as bad as others, or just as well as the others," Dr. King said. "The trend is we are receiving more cases and we have the same number of analysts who are working on it. So our backlog is not decreasing."

Staffing at the lab has fallen by 20 percent - from 83 people in 2006 to 68 staffers left after budget cuts.

King said staff works with the Attorney General's office when deciding which cases get tested and which sit on a shelf. Such a subjective system (to say nothing of the lack of available testing and resources often present in building a defense case) can only lead to inequity.

The lab has been further stressed by H1N1 (Swine Flu) testing and by tests for the national Combined DNA Index System (CODIS). That system mandates felons convicted of certain criminal offenses provide a DNA sample for cross-comparison and storage. The system is linking possible defendant's to cold cases with increasing frequency.

The end result can be a defendant facing charges for a crime that is years, or even decades, old based on evidence examined by an overworked and underfunded state lab -- where the primary business is building cases for law enforcement and state prosecutors.

"We've had cases where we'll put our crime scene evidence into CODIS and it will match with a convicted felon from another state," said Robin Smith, supervisor of the forensic biology lab. "They're able to give us the name of the person that committed the crime in Rhode Island."

The program has made 187 matches since 2004 but the work is labor intensive -- 3,300 DNA samples were taken in 2008 alone.

Continue reading "Backlog in forensic testing, DNA analysis, unfair to criminal defendants in Massachusetts and Rhode Island" »

A former special education teacher in Quincy public schools has pleaded guilty to sex charges in Plymouth Superior Court, the Patriot Ledger reported.

A Quincy, Massachusetts defense lawyer experienced in handling Massachusetts sex crimes should represent anyone facing allegations of sexually assaulting a child in Massachusetts.

In this case, the defendant pleaded guilty to charges of indecent assault and battery on a child under 14, providing obscene material to a child, and possession of child pornography. He was sentenced to 2 1/2 years in prison, followed by 5 years of probation. Each of the charges carried a maximum sentence of 2 years; no more than a 10-year sentence could have been imposed on the sexual assault charge.

The girl was 9-years-old at the time of the abuse. The charges accused the defendant of inviting the girl to an upstairs office at his home in Halifax, where he forced her to touch him while pornography played on the television, according to the Patriot Ledger. Prosecutors said the abuse happened on several occasions between 2006 and 2007.

Continue reading "Former Quincy teacher pleads guilty to Massachusetts sex charges in Plymouth Superior Court" »

A 33-year-old former teacher at Abby Kelley Foster Charter Public School has been sentenced to jail after being found guilty of sexually assaulting an 8-year-old student, the Worcester Telegram reported.

A Worcester defense lawyer experienced in fighting for the rights of clients charged with Massachusetts sex crimes should be called to defend anyone facing sexual assault charges in Central District Court. Sex crimes, particularly allegations of sex crimes involving children in Massachusetts, can be devastating and can result in serious jail time, job loss and loss of reputation.

In this case, the defendant was found guilty of indecent assault and battery on a child after a jury trial. The six-member jury found that the defendant touched the girl in an inappropriate manner in a classroom in September 2002. The defendant taught at the school from 1999 to 2003.

The Webster man was sentenced to 2 1/2 years in prison and must serve six months of the sentence. The balance will be suspended for five years of probation. As a condition of probation, the defendant is allowed to have no contact with the victim or her family and no contact with children under 16.

He also must register as a sex offender, obtain sex offender counseling and submit to electronic monitoring. Charges remain pending against the defendant, accusing him of three counts of indecent assault and battery. Those charges allege he had inappropriate contact with three other students at the school. Those cases have been continued until March 2.

Still pending against Mr. Soule are three additional counts of indecent assault and battery on a child involving three other alleged victims who were students of his at the school. Those cases have been continued to March 2.

The defendant had been working as an instructional assistant at the Seven Hills Charter Public School until he was arraigned on the charges April 13. The school has since placed him on leave and banned him from school property.

Continue reading "Former teacher found guilty of Massachusetts sex charges in Worcester" »

A traffic stop in North Attleboro resulted in drug charges being brought in the Attleboro District Court against two individuals, Joseph H. Auclair, 26, of Woonsocket, R.I., and Kevin P. Doherty, 47, of 44 Elm St. in North Attleboro, according to the Attleboro Sun Chronicile news report.

From the article it is unclear as to why the vehicle was stopped, where the narcotics were found or what the basis was to search the vehicle if any search was conducted. Many Massachusetts drug possession and distribution cases arise from traffic stops. These cases generally raise numerous and complex legal issues that require an individual to hire an experienced Massachusetts criminal defense lawyer to review the police report and to determine if there are constitutional defenses to the case based on an illegal search and seizure.

Continue reading "Attleboro, Massachusetts drug charges result from traffic stop" »

Massachusetts gun and drug charges have been dropped against a 30-year-old Worcester man after a judge tossed out evidence he ruled had been unlawfully obtained by police, the Worcester Telegram reported.

An experienced Worcester, Massachusetts defense lawyer should represent anyone facing Massachusetts weapons charges, drug charges or other serious criminal charges in Worester Superior Court. An experienced Worcester defense attorney can sometimes use search and seizures laws in Massachusetts drug cases to get evidence dismissed.

In this case, the defendant was indicted in 2008 on 30 firearm and drug charges after a police raid that authorities say netted heroine, cocaine and two caches of loaded weapons.

An Assistant District Attorney said the charges were dropped after the defense won two motions to suppress evidence, noting the remaining evidence was not sufficient to obtain a conviction.

The Worcester police vice squad and SWAT team conducted the raid after obtaining a search warrant. The defendant was not home and officers arrested him before an arrest warrant had been officially prepared and issued. The judge threw out evidence found during the arrest, including heroin and ammunition. The judge also ruled evidence found in one of five garage units was inadmissible because the warrant had not specified which garage unit was to be searched.

Continue reading "Massachusetts gun charges, drug charges, dropped as a result of faulty Worcester search warrant" »

A Mansfield man is facing Massachusetts car theft charges in Attleboro District Court, after police say he was driving a stolen car over the weekend to confront a man with his ex-girlfriend, according to The Sun Chronicle.

A Massachusetts criminal defense lawyer should represent anyone facing serious traffic or criminal charges in Attleboro District Court, including Attleboro drunk driving charges, theft charges and Massachusetts drug charges.

Police say the man was already out on court supervision and wearing a GPS bracelet for another criminal case accusing him of assaulting a police officer after a high-speed chase.

The defendant was ordered held in jail on $50,000 cash bail after pleading not guilty earlier this week in Attleboro District Court. Police say the man stole a car from a Citgo gas station at South Common and was stopped by a patrolman a few miles away on route 106.

Police reported finding a double-edge knife and a small folding knife in his possession. The defendant allegedly told police he was on his way to confront a man with his ex-girlfriend after getting into an argument on the phone.

It is unclear whether he could face probation violations after being placed on supervision as a result of the 2008 case for assaulting an officer. The defendant faces charges of receiving a stolen motor vehicle, using a motor vehicle without authority, driving with a revoked license because he is a habitual traffic offender and carrying a dangerous weapon.

Continue reading "Mansfield man faces Massachusetts auto theft charges in Attleboro District Court" »

A Brockton firefighter is facing a Massachusetts larceny charge for allegedly stealing money from a superior in order to buy drugs, the Brockton Enterprise reported.

A Brockton criminal defense attorney should be called to represent anyone facing theft or drug charges in Brockton District Court. As this case illustrates, fighting such charges can be a critical step to protecting your job and future ability to obtain employment.

In this case, the defendant is accused of stealing $120 from a lieutenant's locker at the North Cary Street station as fellow firefighters responded to a fire-alarm box and Ames and Intervale streets. The firefighter has since entered a drug treatment program, where he continues to receive treatment, according to court records.

The 26-year-old Brockton resident is scheduled to be in Brockton District Court on March 22, for a pretrial hearing. He faces charges of larceny, a Massachusetts drug possession charge (Class E substance -- Suboxone) and pulling a false fire alarm.

The fire chief reported that the defendant has been a firefighter for about 12 years and is officially on vacation, though he wouldn't discuss possible sanctions. He earned $78,346 last year as a firefighter.

The defendant reportedly admitted he had a drug problem when confronted by the lieutenant about the missing money. He said he was addicted to the prescription drug Suboxone, a drug used to treat opiate addiction, and had resorted to buying it on the street, according to the police report.

Continue reading "Firefighter faces Massachusetts theft charge, drug charge, in Brockton District Court" »

A man is facing a slew of criminal charges in Taunton, including assault and Massachusetts drug charges, after police say he led them on a car chase Sunday afternoon, the Taunton Daily Gazette reported.

A Taunton, Massachusetts defense lawyer should be contacted to represent anyone facing serious driving charges or other criminal violations in Taunton District Court. In this case, law enforcement piled on about a dozen serious criminal charges in response to the defendant's reported attempts to flee.

Police accuse the man of stealing a license plate for his girlfriend's car so we could drive the vehicle after its registration had been revoked.

The 36-year-old defendant was spotted about 3:15 p.m. Sunday afternoon, sparking a chase through Hart's Four Corners after police attempted to stop the Honda Civic with stolen plates.

Police report the driver drove over yellow lines passing cars, ran a red light and almost crashed after hitting railroad tracks at high speed. He later fled on foot and attempted to scale a fence.

During a search of the defendant and the vehicle, police reported finding marijuana, prescription medication, heroin and drug paraphernalia.

The defendant was charged with failing to stop for police, driving a vehicle with stolen plates, driving to endanger, assault and battery with a dangerous weapon (a car), possession of a class D drug with intent to distribute, possession of a class A drug, resisting arrest, operating after having his license revoked, driving an uninsured vehicle and unauthorized use of a motor vehicle.

The Daily Gazette reported the man also had outstanding warrants, charging him with receiving stolen property, larceny of more than $250 and larceny of less than $250.

Continue reading "Massachusetts drug charges in Taunton District Court after alleged pursuit " »

A Fall River, Massachusetts woman, Jennifer Smith, is accused of lying to police about a home invasion. According to the Herald News, Ms. Smith allegedly told police that that a man broke into her home, wrestled a gun away from her that she had grabbed to defend herself, and shot her in the arm. Ms. Smith told police that the intruder then ran from the home.

Based on this report, police organized a massive manhunt involving 40 to 50 officers, a state police officer, and K-9 and tactical units. Police also created and distributed a sketch of the alleged intruder based on Ms. Smith's description.

As a result of perceived inconsistencies in Smith's story, police now believe that Ms. Smith accidentally discharged her .357 revolver after hearing a noise and becoming frightened.

A hearing to determine if criminal charge originally scheduled for February has been postponed to March 5.

A Massachusetts Criminal Defense lawyer should be called to represent anyone facing charges of filing a false police report.

Under Massachusetts' law (Massachusetts General Laws Chapter 268, Section 13a), it's illegal to file a false police report.

Possible consequences if convicted of making a false report include fines of up to $500 and possible jail or prison for up to a year.

In order to be convicted of filing a false report, prosecutors must show each of the following:
• The person made or caused to be made a report of a crime to the police,
• The report was false,
• The person intended to make the false report, and
• The person knew the report was false.

Continue reading "FALL RIVER, MASSACHUSETTS WOMAN ACCUSED OF LYING ABOUT SHOOTING" »

A 45-year-old former Burlington police officer has been arrested on Massachusetts drug charges for allegedly helping his son run a drug-distribution ring in Burlington, the Boston Globe reported.

A Burlington criminal defense lawyer,experienced in defending clients facing drug charges in Woburn District Court, should represent anyone facing serious drug charges in Massachusetts.

A total of seven defendants, including the former officer, who retired in 2002, and his 26-year-old son, face a series of Massachusetts drug charges, including drug trafficking, conspiracy and drug possession with intent to distribute.

The suspects are from Waltham, Stoneham, Wakefield, Woburn and Burlington and were arraigned and ordered held on cash bail in amounts ranging from $750 to $10,000.

Prosecutors describe the officer's son as the alleged ring leader of a drug distribution ring, the Globe reported.

The seven defendants were identified after detectives tapped phone lines they believed were being used as part of a large-scale heroin ring in Middlesex County.

Continue reading "Former Burlington police offier faces Massachusetts drug trafficking charges " »

A Mansfield man pleaded not guilty to charges of embezzlement from his employer, Marlborough's Marriot Residence Inn. Timothy Thursby was arrested on February 4th on a single charge of larceny over $250 by single scheme and falsifying and/or omitting entries in the hotel's record books.

Police allege that Thursby embezzled $80,000 from the hotel by issuing false credits to different customers from the hotel, and then crediting the money to his own debit account. According to court records, the hotel's front-office manager found more than 30 credits to the care totaling more than $60,000. After a search warranted was issued to investigate Thursby's bank records, police detectives found over 70 credits had been charged to the card since March 2008, totaling about $80,000.

Typically larceny charges are divided into two categories. Larceny under $250.00 and larceny over $250.00.

A larceny charge under $250.00 is considered a misdemeanor offense, but can have serious consequences. Larceny over $ 250.00 is a felony offense.

Continue reading "Bristol County Man Charged With Embezzlement in Massachusetts" »

Two teens and a young male defendant are facing Massachusetts drug charges and weapon's charges in Milford District Court.

Police arrested the trio in separate drug raids last week; one of the suspects reportedly fired a pellet gun at detectives as he tried to flee, the Milford Daily News reported.

The men, ages 17, 19, and 22, were all held on bail following arraignment. An electric stun gun and prescription painkillers were among the items seized by police.

The 19-year-old man allegedly offered crack cocaine to an undercover detective. When police identified themselves, he reportedly pulled a gun from his pants and started shooting at detectives while running away. The gun turned out to be a fake and shot only plastic bullets.

The defendant was charged with possession of cocaine, distribution of cocaine and assault with a dangerous weapon. he was arraigned in Milford District Court and held without bail pending a dangerousness hearing.

The other two defendants were arrested without incident in a separate bust, after police reported seeing a drug deal at Countryside Liquors on Central Street. Police confiscated Percocet, an electric stun gun and about $1,300 in cash.

The 17-year-old teen was charged with drug distribution and conspiracy to violate drug laws. He was ordered held on $5,000 cash bail following his arraignment.

The 22-year-old was charged with carrying a dangerous weapon, possession of an electronic weapon, possession of Percocet and conspiracy to violate drug law. Police say he also is wanted on two out-of-town warrants and was held on $2,500 cash bail following arraignment.

Continue reading "Massachusetts trio facing drug and gun charges in Milford District Court" »

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" »