Massachusetts Criminal Defense Lawyer Blog

Two women face larceny charges after being arrested and accused of shoplifting in Braintree, the Patriot Ledger reported.

The women are accused of stealing more than $2,000 worth of clothing from four South Shore Plaza retailers, according to police.

Laura J. Lambert, 50, of South Boston and Tara P. Daniels, 23, of Braintree, face three counts of larceny of property valued at more than $250, one count of larceny of property valued at less than $250, and possession of Seroquel with intent to distribute. Seroquel is a Class E substance under Massachusetts drug laws. Both women will face the charges in Quincy District Court.

Braintree police allege the women fled with stolen merchandise from the American Eagle store. A plaza security officer spotted them leaving the parking garage in a black Honda Civic. The officer followed the car onto Common Street, where it was stopped by police.

A search of the Honda found stolen merchandise from Abercrombie and Fitch, American Eagle, Hollister and Banana Republic, according to authorities. Value of the merchandise is reported as $2,150. Police also report finding 42 1/2 Seroquel prescription pills in a bottle listed in another person's name.

A Quincy criminal defense lawyer will likely challenge the probable cause for the traffic stop and the search of the vehicle under Massachusetts search and seizure law.

Continue reading "Braintree shoplifting allegations lead to Massachusetts larceny charges in Quincy District Court" »

A 25-year-old woman faces charges in Framingham District Court after allegedly smashing a beer bottle over a bartender's head as she was being escorted from the bar, according to the MetroWest Daily News.

Angellin Figueroa, of 75 Irving St., Apt. 209, was charged with assault and battery with a dangerous weapon and disorderly conduct after the incident at The Happy Swallow Pub, police said. Massachusetts assault charges are more serious when authorities allege a dangerous weapon was involved -- in this case, a beer bottle. A Framingham criminal defense attorney experienced in assault cases should be called to represent the defendant in this case and may be able to seek a reduction in charges.

The incident occurred shortly before 2 a.m. Saturday, when police were called to the Waverly Street bar after a report of three people fighting. Witnesses reported that the bartender had been assaulted while escorting Figueroa from the bar. The bartender sustained a cut lip after the defendant reportedly smashed the beer bottle over his head.

The defendant was ordered held on $500 cash bail. The judge also ordered that Figueroa not consume alcohol and submit to random testing.

Continue reading "Framingham beer-bottle assault leads to Massachusetts dangerous weapon charge " »

A Boston man wanted on Massachusetts cocaine trafficking charges, is facing a variety of charges after being arrested in Attleboro, the Sun-Chronicle reported.

Santiago H. Gonzalez, 40, of Dorchester section of Boston, was arrested after a neighbor reported a suspicious man sitting in a car with the motor running. An Attleboro criminal defense attorney experienced in handling drug charges may challenge the probable cause for search and arrest in this case. Gonzalez was ordered held on $50,000 cash bail after pleading not guilty in Attleboro District Court to charges of possession of cocaine, disturbing the peace and providing a false name to police.

Gonzalez told police he waiting to pick up a friend of his girlfriend's, whom he thought lived at the address. Police say he gave them a driver's license with a different name. A woman at the residence told police he was there to look at her apartment because he was considering subletting it.

During a search, police seized $644 and a small amount of cocaine wrapped in a $1 bill.

An FBI fingerprint search at the police station identified Gonzalez and listed several warrants for his arrest, including a warrant for trafficking in more than 28 grams of cocaine.

Bail was set at $25,000 but reduced to $10,000, which he posted. He is due back in court on May 5.

Continue reading "Boston man arrested on warrants for cocaine trafficking after neighbor reports suspicious vehicle" »

An 18-year-old man has been arrested by Dedham police and faces numerous charges after police responded to a report of a housebreak in violation of a restraining order, according to the Dedham Transcript.

Charges against Dennis Rogers Jr. include violating a restraining order; assault and battery with a dangerous weapon, to wit a door; breaking and entering in the daytime for a felony, placing a person in fear; receiving stolen property over $250; and assault and battery. Massachusetts domestic assault cases frequently involve restraining orders, which prevent a defendant from going near a victim or otherwise making contact through telephone, e-mail or other forms of communication.

Police responding to a Farrington Avenue address reported Rogers started running through several backyards and jumping fences. Several residents pointed officers in Rogers' direction and he was arrested in the backyard of a Crest Avenue home, according to police. The victim reported that she returned home to find food missing from the refrigerator, money missing from her son's wallet and a GPS unit missing from the pantry.

She reported that she confronted Rogers on the street and he began pushing her. She took the items from him and he chased her back to the house, police reported. She told police he hit her several times with the door as she was trying to shut him out of the house. He then began chasing her through the house and pushing over furniture, until she managed to call police.

Rogers pleaded not guilty in Dedham District Court and is due back in court on April 27.

Continue reading "Dedham man faces breaking and entering charges, violation of a restraining order" »

The owner of a closed Quincy massage school is facing Massachusetts larceny charges after two former students accused her of taking tuition money after the state had suspended the school's license last June, the Patriot Ledger reported.

Elizabeth Hunter-Vasco, owner of the John Winsolow Institute School of Massage on Hancock Street, has pleaded not guilty in Quincy District Court to two charges of larceny over $250. A lawyer representing eight other former students said he is considering pressing charges.

The charges stem from criminal complaints filed by two former students, who claim they were denied massage therapy licenses after completing classes because the school's license to teach the certification courses had been suspended. The owner has applied for a new license and was released from court on personal recognizance. She is due back in court on May 26.

Her attorney said his client "looks forward to defending herself." He said no criminal acts were committed and that the owner has no income because her business has been ruined. Twenty-six students were enrolled in the school when it abruptly closed in January. The students have not received tuition refunds, according to the Patriot Ledger. Others, who bought gift certificates for tuition to the school, have also lost their money.

Continue reading "Massage school owner faces Massachusetts larceny charges" »

A Fall River couple is facing Massachusetts drug charges after police seized more than 5,000 oxycodone and suboxone pills, The Herald News reported.

Levasseur is charged with trafficking more than 200 grams of a Class A drug, conspiracy to violate the drug laws and a drug violation in a school zone. Investigation by the D.A.'s State Police Drug Unit, ended with the execution of a search warrant at an address in the 200 block of Ames Street and on the suspect's apartment on Vale Street. Fall River police also assisted in the investigation and execution of the warrant. Authorities report that Levasseur had 4,975 30 mg oxycodone pills on his person. Inside the defendants' apartment, police seized 30 Suboxone pills and more than $13,000 in cash.

Both drugs are prescription medications. Oxycodone is a painkiller known to cause physical and psychological dependence. Suboxone is used to treat opiate addiction.

Continue reading "Fall River man faces Massachusetts drug distribution charges after police raid seizes prescription drugs" »

An Attleboro man was charged with a Massachusetts assault and battery, the Sun Chronicle reported. Michael S. Casale, 39, of Coral Road, pleaded not guilty during his arraignment Monday in Attleboro District Court to Massachusetts assault and battery, threatening to commit a crime and two counts of assault to murder.

The police allege that the defendant put a plastic bag over the woman's face during an argument Saturday morning as she attempted to end the relationship, according to police. After convincing him she would not leave, they went to bed together. However, the defendant had the bag in bed and threatened to use it whenever she tried to move.

About 2 a.m., the victim's daughter drove her to the police station, where she reported the incident. Police arrested the defendant that day without incident and the judge ordered him held on $50,000 cash bail following arraignment. The assistant district attorney had requested bail be set at $100,000. The defendant is also prohibited from having any contact with the alleged victim.

Continue reading "Attleboro man charged with Massachusetts assault and battery" »

A state trooper is facing charges in Wrentham District Court after being accused of assaulting his girlfriend and retrieving a loaded handgun when police were called to his home, the Sun Chronicle reported.

A Quincy criminal defense attorney should be called to represent anyone facing Massachusetts domestic violence or assault charges. Such charges can be particularly devastating to law enforcement or military personnel, who can face job loss and the inability to carry a firearm if convicted.

The 28-year-old trooper is currently assigned to the Bristol County District Attorney's Office that investigates homicides. He pleaded not guilty in Wrentham District Court to assault and battery by means of a dangerous weapon and domestic assault and battery.

He has been released on a $5,000 cash bail on conditions that he stay away from his girlfriend, abstain from drinking alcohol and submit to random alcohol testing.

The altercation reportedly occurred during a fight over child-rearing. The trooper's weapons, including a .40-caliber service weapon and a personal .40-caliber handgun, were seized by police as well as ammunition, his license to carry a firearm and other departmental property.

He was granted permission to travel to an alcohol treatment center in Florida, according to court records. He faces a hearing this week regarding his job status. The judge reported that the trooper had been previously accused by his girlfriend of domestic assault but had not been charged.

Court records indicate the trooper armed himself with a loaded weapon when he knew police were en route but was arrested without incident about 1:20 a.m. at his North Street home.

Police say the trooper had consumed at least six beers when he assaulted the woman with the leg of a baby swing and tried to choke her. He is due back in court May 7.

Continue reading "Trooper faces Massachusetts domestic assault charges in Wrentham District Court" »

Justice John Paul Stevens is stepping down from the United States Supreme Court, leaving President Obama to pick another Supreme Court Justice. Justice Stevens was appointed to the court in 1975 by President Ford. He was considered a liberal justice and wrote many opinions strongly affirming individual liberties, civil rights and upholding constitutional protections for criminal defendants. The departure of Stevens is unlikely to shift the court as President Obama will likely pick a justice with similar views as Justice Stevens. As the court stands now, there are four conservative justices, four liberal justices and Justice Kennedy is considered a swing vote in many cases.

In the recent landmark United States Supreme Court confrontation clause decisions, Justice Stevens voted with the majority in both Melendez-Diaz v. Massachusetts and Crawford v. Washington. The confrontation clause has been an area of Constitutional law where liberal and conservative labels have not been an accurate predictor of voting as Justice Scalia voted with the majority in Melendez-Diaz while the normally liberal justice Breyer dissented from the court's ruling. Accordingly, in this crucial area for Massachusetts criminal defense lawyers, the Supreme Court's interpretation of the Sixth Amendment right of confrontation, a new justice could alter the voting majority in the court's Confrontation Clause jurisprudence.

An 18-year-old Worcester man was arraigned on a host of serious criminal charges in connection with the March 27 beating of a man by a group of teens, the Telegram reported.

The teen is one of a dozen who were present during the attack, which was apparently caught on videotape. A Worcester criminal defense attorney will need to carefully review the evidence and the underlying charges to prepare a defense. The intent to murder charge, will require a Massachusetts criminal defense lawyer capable of fighting the accusation that the defendants' intentions rise above simple assault.

The defendant is charged with three counts of aggravated assault and battery with a dangerous weapon and causing serious bodily injury, armed assault with intent to murder, and kidnapping.

He is the third person charged with participating, along with about a dozen others, in an attack captured on videotape. A juvenile has also been arrested and charged in connection with the attack.

The victim in the attack was repeatedly kicked in the head and struck with a belt and large pieces of concrete, according to court records. He suffered brain hemorrhaging, lacerations and other injuries.

The incident occurred about 10:30 p.m. March 27 behind a building at 54 Chandler St. Authorities have not said how the videotape was obtained.

Police report that the victim was confronted by about 15 teens as he was leaving a convenience store at Irving and Chandler streets, and was taken by force to the location where the assault occurred.

The group fled when police arrived. Officers found the victim on the ground with head and facial injuries; he was transported to an area hospital for treatment.

Prosecutors have requested a dangerousness hearing for one of the defendants, who they report was already on probation for assault and battery with a dangerous weapon. That hearing will determine whether he can be held without bail for up to 90 days.

Continue reading "Worcester teens face Massachusetts assault and battery charges in connection with group assault" »

Two area residents are facing Massachusetts shoplifting and larceny charges in Quincy District Court in connection with alleged thefts from South Shore Plaza stores, the Patriot Ledger reported.

A Massachusetts shoplifting lawyer should be called to represent anyone facing theft or shoplifting charges in Quincy or the surrounding area. A retail theft charge can have serious consequences and a record of shoplifting or theft can make it difficult to obtain employment or hold certain jobs and may even impact your ability to get a loan or rent an apartment.

The Patriot Ledger reported that a 30-year-Randolph resident faces larceny charges after being accused of taking $850 in merchandise from a South Shore Plaza retailer. He was charged with larceny over $250 after a store security guard at Macy's reported seeing him conceal 12 items of clothing and attempt to leave the store without paying.

In a separate incident, a Milton women who was arrested and charged with shoplifting, now faces an additional charge of malicious destruction of property after authorities accuse her of damaging a store security office.

The 21-year-old woman was arrested after allegedly stealing two pairs of earrings worth $130 from Lord & Taylor, according to police, who also contend she punched two large holes in the walls with her fists and elbows.

Both defendants face arraignment in Quincy District Court.

Continue reading "Pair facing Massachusetts shoplifting and larceny charges in connection with thefts from South Shore Plaza stores" »

Two men were arrested Friday on drug trafficking charges in Attleboro after a five-month investigation, which seized $12,000 in cash and nearly a kilo of cocaine valued at $25,000, the Sun Chronicle reported.

An Attleboro criminal defense attorney experienced in handling Massachusetts drug charges should be called to represent anyone facing charges of drug trafficking in Massachusetts. Often, the amount of drugs confiscated will prompt law enforcement to allege drug trafficking without sufficient evidence. Additionally, search warrants and other tactics used by undercover law enforcement can be challenged in court by an aggressive and experienced Massachusetts criminal defense attorney.

In this case, a 34-year-old Bellingham defendant and a 24-year-old Attleboro defendant pleaded not guilty in Attleboro District Court.

Each man is charged with trafficking in more than 100 grams of cocaine, conspiracy to violate drug laws and violating drug laws in a school zone. The charges are the result of an ongoing investigation by Attleboro, Franklin, Medway and Bellingham police and U.S. Immigration and Customs Enforcement.

The judge rejected a prosecutor's request for $5 million cash bail for each suspect and set bail in the amounts of $25,000 and $15,000.

If convicted, each defendant faces at least 5 years in prison. Police said additional charges may be filed in Worcester County because of the amount of cocaine seized in the apartment of one of the defendants.

After several months of investigation, police stopped one of the defendants on North Main Street near Dewey Avenue in Attleboro around 11:45 p.m. Thursday. Police reported finding a bag containing 125 grams, or an eighth of kilogram of cocaine, inside a baseball cap under the passenger's seat of the vehicle.

Upon obtaining a search warrant for the apartment, police reported seizing an additional 150 grams of cocaine as well as an additional 616 grams kept in a locked safe. Police also reported finding $2,100 on one of the defendants and $10,486 in a hidden compartment under the master bedroom whirlpool tub.

A defense attorney for one man disputed most of the evidence and said he did not believe there was a strong case against his client. The attorney for the other defendant, who is a former airport security officer, said his client was innocent and the money found was not connected to illegal drug activity.

Continue reading "Two men face Massachusetts drug distribution charges in Attleboro District Court" »

An 18-year-old East Bridgewater resident with a history of run-ins with police now faces drug charges, on top of vandalism charges that were brought against him only a week earlier. According to the Quincy Patriot-Ledger, the East Bridgewater school resource officer was patrolling the school parking lot when he saw what appeared to be evidence of marijuana in Gershom Grossman's car. Grossman, a student at the high school, was summoned to the vehicle after School Resource Officer Mark Harvey notified school officials and brought Detective Michael Jenkins to the scene. As an Brockton, Massachusetts drug possession criminal defense attorney, I was very interested in the Patriot-Ledger's description of how police handled this situation.

Harvey said that they questioned Grossman about a pipe and what looked like marijuana seeds in the car. Harvey said that Grossman admitted to smoking pot before school and said that there was more pot in his car. He gave police permission to search his car and directed them to look in the glove box to find the marijuana. Grossman was arrested on the spot for possession of marijuana with intent to distribute, possession of marijuana in a school zone, and theft of a book from the school library. As a Quincy drug crimes defense lawyer, I note that conviction on the charge of possession of marijuana in a school zone carries mandatory minimum sentencing of two years' jail time.

According to the Boston Globe, Grossman has been described by police as being unable to "stay out of trouble" and continuing "to be involved in increasingly more destructive behavior." While Grossman does not have a criminal record, he had been a "frequent nuisance in town," said the Globe, and had been involved in larcenies, shoplifting, and malicious destruction of property incidents. When he was arrested on marijuana charges, Grossman was already facing charges of malicious damage to a motor vehicle and using a motor vehicle without authority, brought only a week earlier. According to the Boston Globe, Grossman was one of four teenagers arrested for vandalizing a house and causing $45,000 worth of damage while the house's owners were on vacation in Europe.

The Globe reported that Grossman's parents had resolved the earlier incidents in which Grossman had been involved. But for the marijuana charges, Grossman would be wise to seek a Massachusetts drug possession attorney like Michael DelSignore, who has a record of success in getting drug possession cases dismissed. The penalties for conviction on the charges that Grossman faces are too serious to take a chance on. In addition to two years for possession in a school zone, Grossman faces another 2.5 years for possession with intent to distribute. However, "intent to distribute" is difficult to prove and often charged on the basis of details like how the drug was packaged. An experienced Massachusetts drug possession defense attorney can often use this weakness to negotiate the charge down to simple possession, which drops it from a felony to a misdemeanor. For a first possession offense involving marijuana, a conviction generally means probation, not jail.

Continue reading "High School Student Faces Massachusetts Drug Possession, School Zone Violation Charges" »

A Fall River, Massachusetts teenager is facing attempted murder charges and a dangerousness hearing after being accused of stabbing his girlfriend's brother multiple times, the Herald News reported.

Bail was refused at the request of prosecutors during his arraignment. A Fall River criminal defense attorney will need to represent him at a dangerousness hearing, set for March 31. A defense attorney argued at arraignment that multiple people were involved in the fight and no knife had been found.

Police were called shortly before 9:30 p.m. Thursday after several reports of a dozen young men and women fighting in the parking lot at 870 North Main St. While the fight was over when the first officers arrived, there was blood on the parking lot amid a crowd of teenagers.

Moments later, a 19-year-old called from a different location and police found him with knife wounds to his head, back and hands. The man told police his 15-year-old sister had been knocked down and kicked by the defendant, who is reportedly her boyfriend. He said knife wounds resulted form the ensuing fight.

After a radio bulletin seeking the defendant, he was located a short time later by Massachusetts State Troopers and was arrested and identified as the suspect in the stabbing, according to police reports.

Continue reading "Fall River teen faces attempted murder charge, dangerousness hearing in Fall River district court" »