Massachusetts Criminal Defense Lawyer Blog

A Brockton woman and a Fall River man face Massachusetts criminal charges of receiving stolen property and conspiracy to commit a crime in connection with a shoplifting scam that used fake receipts, the Brockton Enterprise reported.

Police say Natalie Tanya Reyes, 19, of 23 Marion Ave., Brockton, and Andre K. Samuel, 27, of 119 Wade St., Fall River, made fake receipts with a printer rigged up to a car cigarette lighter. The receiving stolen property charge alleges a value greater than $250. Under Massachusetts law, the charge carries a penalty of up to five years in prison. A value under $250 is punishable by up to 2 1/2 years in prison.

The two were arrested during a traffic stop on westbound Route 9 at the Natick Collection. Samuel reportedly told officers his license was suspended; he was arrested after police determined the car was rented and he did not have permission to drive it.

During the arrest, officers found $330 worth of clothing from a children's store. Police also found a home printer, copier and scanner powered by an adapter that plugged into a car cigarette lighter, along with a blank roll of register receipts. In this case, a Framingham defense lawyer will likely take a close look at the probable cause for the traffic stop, as well as the search of the vehicle. If it can be proven that the search of the vehicle was improper, the evidence would not be permitted to be used in court against the defendants.

Police contend the pair shoplifted items, or obtained them with fraudulent store credit, created receipts and returned them for cash.

Reyes also was charged with uttering a false document and larceny of less than $250. Police report she had an outstanding warrant issued through Quincy District Court , charging her with larceny of more than $250 and receiving stolen property worth less than $250.

Samuel was also charged with driving without a license and using a vehicle without authority.

Both defendants pleaded not guilty in Framingham District Court on Monday and were released without bail. They are due back in court for a pretrial conference on July 8.

Continue reading "Shoplifting scam leads to receiving stolen property charges in Framingham District Court " »

Massachusetts domestic assault and battery charges were brought in the Fall River District Court against former Durfee High School basketball star, Michael Herren, according to the Herald News.

Herren was held without bail as the judge revoked his bail on a prior case. At the time of his most recent arrest, Herren had a pending assault and battery charges against him, in which he was released on bail or personal recognizance. When a defendant is released on bail, if a defendant commits a new offense, the district attorney can seek to revoke the bail on the prior offense and hold a defendant for up to sixty days without bail.

The news account indicates that Herren is accused of grabbing the neck of his girlfriend, scratching her, hitting her head against a table and slamming a door on her leg. In the alleged victim's affidavit, the victim stated that things got physical on both sides. A Fall River criminal defense lawyer would want to review the affidavit to determine if there is a claim of self-defense or if there are inconsistencies between statements in the police report and the affidavit.

Additionally, in defending a felony assault, a Massachusetts criminal defense lawyer may want to use an investigator to interview potential witnesses in order to prepare a defense to the charge at trial. Since a lawyer cannot be both a witness and the attorney at trial, investigators are often used to ensure that a witness is available to testify in the event that a witness tells a different version of the events to the jury than what is told to the investigator during the pretrial phase of the case.

Continue reading "Massachusetts Domestic Assault and Battery charges brought in Fall River District Court against former basketball star" »

Massachusetts Shoplifting charges were brought against, Jason Leal, of Cumberland, Rhode Island after a news account claims that Leal ran out of BJ's without paying for approximately $ 177.00 worth of DVDs. Leal was also charged with possession of burglarious tools. As a Dedham Criminal Defense Lawyer, I have seen many shoplifting and larceny cases where the police bring this additional charge based on the defendant possessing a box cutter or knife to cut through a box.

Massachusetts Criminal Law Chapter 266 Section 49 penalizes an individual who possesses a burglarious tool. One of the elements of the offense is that the tool must be capable of breaking into a building, room, vault or safe (place for keeping valuables.) Simply put, a box cutter cannot be a burglarious tool because it is incapable of breaking into a building. A Massachusetts criminal defense lawyer could file a motion to dismiss to have this charge dismissed by the court as inappropriately charged and without probable cause.

In this case, like many other criminal cases, the police departments sometimes overcharge a case. As an experienced Massachusetts criminal defense attorney, it is important to review each charge carefully to ensure that there is a legal basis for the charge being filed in court.

Continue reading "Massachusetts Shoplifting charges brought in Dedham District Court against man for allegedly stealing from BJ's " »

A teenager and a young man are in jail on charges of armed assault to murder and Massachusetts weapons charges after an innocent teenager was mistakenly targeted in what police are describing as a gang feud, the Herald News reported.

Police report that Nicky Lee, 17, of Randolph Avenue, and Sottarack Kyle Touch, 21, of Harrison Street, were arrested during the early stages of the investigation into the shooting of a 14-year-old boy in the area of 267 Fountain St. Both are being charged with armed assault to murder, carrying a firearm without a license, discharging a firearm within 500 feet of a building and possession of ammunition without a FID card. Touch also faces charges of assault and battery with a dangerous weapon and is wanted on outstanding warrants related to liquor, drug and larceny offenses.

Arrest warrants have been issued for an 18-year-old man and a 16-year-old male teenager.

Officers responding to the scene about 5:30 p.m. found a teeanger with a bullet wound to the right side of the chest. The teen was lasted listed in stable condition in the Pediatric Intensive Care Unit of Hasbro Children's Hospital in Providence.

Police believe a 17-year-old friend of the victim was the intended target of gang violence between the Bloods and the Crips.

Neighborhood residents reported seeing a maroon Hyundai in the Rock Street neighborhood earlier in the day; police traced it to a Roosevelt Avenue address in Somerset. At that address, Sonny Lee, 21, of Eagle Street, was charged with breaking and entering, trespass and giving police a false name. He was ordered held pending a hearing to determine if his arrest violates the terms of his probation on an earlier charge.

Meanwhile, Massachusetts State Police pulled the Hyundai over several blocks away and arrested Lee and Touch. Police report finding a Bersa .380 caliber gun in the car, believed to be the weapon used in the shooting.

Lee and Touch were arraigned in court and will return to court on May 26 to face a dangerousness hearing.

Continue reading "Four facing Massachusetts assault and weapons charges after gang-related shooting in Fall River" »

A 54-year-old Milton man who was imprisoned as a major area drug supplier three decades ago, has been arrested and faces Massachusetts drug distribution charges for allegedly selling a pound of marijuana in Quincy, the Patriot Ledger reported.

Bradley St. George was arrested by the Quincy Police Department's drug unit after an alleged drug deal about 9 p.m. Friday. He pleaded not guilty in Quincy District Court to charges of distributing marijuana, conspiracy to violate drug laws and violating drugs laws near a school. Bail was set at $5,000 and the next court hearing was scheduled for July 15. Massachusetts drug charges are enhanced if a sale or other drug violation occurs near a school. The law mandates a 2-year sentence when a drug offense occurs within 1,000 feet of a school zone of 100 feet of a public park.

The Patriot Ledger reports that St. George was one of 20 people arrested during a December 1981 drug sweep that netted $1 million worth of cocaine and marijuana. At the time, authorities accused the then-26-year-old as a major cocaine supplier who ran a network of drug dealers. Police in that case seized seven pounds of cocaine and $164,000 in cash. He was sentenced to 2 1/2 to 5 years in prison after pleading guilty to cocaine trafficking, according to the Patriot Ledger.

In the current case, deputies in an unmarked cruiser report witnessing a drug deal between the defendant and a 44-year-old Freetown man while parked in a car in the St. Mary's School parking lot. After the alleged transaction, police stopped both men and found a pound of marijuana on the second suspect and $1,800 and small bags of marijuana on St. George, according to the report.

The second man, Robert Fitzmaurice, 44, was charged with marijuana possession with intent to distribute, conspiracy to violate drug laws, and violating drug laws near a school. Police report a receipt in St. George's car showed a bank balance of $74,000, though he claimed to be unemployed.

St. George told the Patriot Ledger that he had been laid off and had earned and saved the money in the account.

Continue reading "Milton man faces Massachusetts drug charges in Quincy" »

A Massachusetts gun charge can proceed as the Massachusetts Supreme Judicial Court reversed a Dorchester District Court judge's decision allowing a motion to suppress. The case of Commonwealth v. Messiah Franklin, decided May 17, 2010, raised the issue of when a individual is seized under Article 14 of the Massachusetts Declaration of Rights.

In Franklin, the police observed two black men while the police were driving in a Ford Crown Victoria. The defendant's began looking around when they saw the Ford police car. The defendants then began to run. The officer chased the defendants and caught the defendant before he could climb a fence. A gun was found on the other side of the fence which the police allege that the defendant threw over the fence. The defendant's Massachusetts criminal defense lawyer filed a motion to suppress, attempting to have the gun excluded from evidence as the product of an unlawful search and seizure.

The issue in the case was whether the defendant was seized when the police officers began to run after the defendant. Under the United States Supreme Court interpretation of the Fourth Amendment to the United States Constitution, the defendant was clearly not seized as the United States Supreme Court held in a case called California v. Hodari D, 499 U.S. 621 (1991), that a person who does not submit to a show of authority cannot be seized until physically detained by the police. Interpreting the Massachusetts State Constitution, the Massachusetts Supreme Judicial Court rejected the reasoning of Hodari D and has held that a seizure occurs when the police communicate to an individual that they are not free to leave whether or not they actually submit to the authority of the police.

The SJC concluded that the defendant was not seized because the defendant's flight was not prompted by any show of authority by the police. The court concluded that a seizure occurred when the defendant was grabbed trying to climb the fence; however at that point, the court found that the officer possessed reasonable suspicion to seize the defendant. It is likely that since the motion to suppress is now denied the defendants will have to decide whether to go to trial or attempt to resolve the case through a plea agreement.

Continue reading "Gun charge in Massachusetts reinstated after court overturns Dorcester district court judge's decision allowing motion to suppress firearm" »

The United States Supreme Court ruled in United States v. Comstock, decided May 17, 2010, that the federal prisoners can be detained after their prison sentence expires if they are deemed sexually dangerous. Under federal law, the federal government can file a petition to detain a federal prisoner after the expiration of a prison sentence if the Government can show by clear and convincing evidence that the prisoner is engaged in sexually violent activity or child molestation in the past and suffers from a serious mental illness.

The defendant's challenged the law as unconstitutional on a number of grounds, including that the law imposed additional punishment not authorized by the statute under which the defendant was convicted, violated double jeopardy, due process and exceeded the scope of the powers granted to Congress under the Constitution.

In upholding the law as Constitutional, the Supreme Court relied upon the necessary and proper clause of the Constitution, reasoning that the Constitution grants to Congress the powers to enact laws necessary for the public welfare.

The Court stressed that the Constitution did not give Congress explicit authority to create federal prisons, but they were created in order enforce federal law. Further, the court stated that as the custodian of federal prisoners, Congress has the authority to enact laws to deal with the dangers that federal prisoners may pose to the community. Accordingly, the court upheld the law as within the implied powers of Congress.

The flaw in the court's reasoning is that although the Court has relied upon the necessary and proper clause to uphold other acts of Congress, the Bill of Rights specifically deals with rights of criminal defendants, precluding a defendant from being tried twice for the same offense and the due process clause which prohibits a defendant from being convicted unless the Government proves its case beyond a reasonable doubt. Though the goal of Congress is appropriate, to protect the public, a defendant is essentially being punished for the same offense twice. The Double Jeopardy Clause requires that a defendant only be punished once for the same offense and due process requires that a defendant receive a sentence that is within the statutory maximum penalty for that offense. Essentially, a defendant is being subject to an enhanced punishment that is not limited by any criminal statute and that was unknown at the time of any trial or plea agreement.

Justice Thomas dissented from the court decision, arguing that the statute exceeded the enumerated powers of Congress. Justice Thomas' dissent is the better reasoned opinion; however, this issue is likely to reappear on the courts' docket as the majority opinion indicated that it was not addressing the defendant's equal protection or due process claims, which the court stated that the defendant's could pursue those claims on remand to the lower court.

The Rhode Island Public defenders office is sponsoring legislation that would reform eyewitness identification practices. Mistaken eyewitness identification is the leading cause of wrongful convictions according to the Innocence Project.

The Bill sponsored by the Rhode Island Public Defender's office would require that live and photographic lineups include filters that fit the suspect's height, age, race and other physical traits. Further, it would mandate that the witness be told not to assume that the perpetrator is in the line up. The Innocence Project has sponsored eyewitness identification legislation throughout the nation and aims to have lineups conducted by officers who do not know who the perpetrator of the crime is to avoid having the officer suggesting to the witness, either intentionally or unintentionally, who to pick through the officer's actions. As a Rhode Island criminal defense lawyer, the legislature should pass this bill to prevent wrongful convictions occurring in the State.

Cases of mistaken identification include the Duke Lacrosse case. There police provided the accuser with a lineup that included only Duke Lacrosse players. The three players were later cleared but not before being dragged through the legal system.

Another case of mistaken identification involved Ronald Cotton who spent 11 years in prison for rape when he was convicted based on a flawed identification procedure. Jennifer Thompson the victim in the case has advocated for eyewitness identification reform and was a speaker at the National Association of Criminal Defense Lawyers eyewitness identification seminar.

In Massachusetts criminal cases, identification issues are addressed through a motion to suppress an identification as unnecessarily suggestive. In the leading case of Commonwealth v. Botelho, 369 Mass. 860 (1976), a Massachusetts criminal defense lawyer must show by a preponderance of the evidence that the procedures used to obtain the identification were so unnecessarily suggestive and were conducive to an irreparable mistaken identification so as to violate the defendant's right to due process of law and effective cross examination. Generally, identification issues arise in serious sex crimes, robbery cases or an assault case where the victim does not have a clear chance to see the suspect.

A 28-year-old man who claims he was beaten by Framingham police after his arrest last month, was released without bail after appearing in Framingham District Court for arraignment, the MetroWest Daily News reported.

Nicholas Casaburri, 28, of 495 Laurel Hill Road, Norwich, Conn., was released from jail despite a prosecutor's request that he be held on $5,000 bail. He was arrested on April 23 in connection with several car break-ins at Adessa. Police charged him with Massachusetts assault and battery on a police officer, assault and battery with a dangerous weapon, breaking into a motor vehicle, larceny from a vehicle, trespassing on railroad property and trespassing.

As we discuss on our Massachusetts criminal defense site, assault and battery with a dangerous weapon is a serious felony charge in Massachusetts, carrying a penalty of up to 10 years in prison.

Casaburri was reportedly injured during a struggle with police and spent several days in a Boston hospital. He alleges police brutality, claiming an outline of a flashlight around his eye may require surgery. A detective was also injured during the arrest and was treated at the hospital.

Continue reading "Defendant facing charge of assault on a Framingham police officer claims police brutality" »

President Obama nominated Elena Kagan to replace Justice John Paul Stevens on the United States Supreme Court. Kagan must be confirmed by the United States Senate, which will hold confirmation hearings in the coming months.

Kagan, the former Dean of Harvard Law School, was serving as solicitor general prior to her appointment. The Solicitor General argues on behalf of the United States Government before the United States Supreme Court. Kagan has never been a judge in her legal career. Opponents of her nomination will argue that she does not have the experience to sit on the highest court in the United States without any prior experience as a judge.

Massachusetts criminal defense lawyer will watch the nomination process carefully as the choice of a Supreme Court nominee will have a major impact on how the court interpreters Constitutional rights of criminal defendants.

A Norwell teen is facing criminal charges that he intentionally drove his van through a group of teenagers, Channel 7 News reported.

Nathan Delaplain-Zook, 18, faces a dozen criminal charges, including attempted murder and leaving the scene of an accident, according to authorities. His attorney asked for a mental health evaluation before an arraignment took place in Hingham District Court. It will be critical that a skilled Massachusetts criminal defense attorney be retained to represent this young man. Now an adult, and facing very serious felony criminal charges, a veteran attorney will need to thoroughly investigate this case to determine the circumstances of the accident.

A forensic psychologist reportedly told the court that Delaplain-Zook has been hospitalized three times for mental illness. The Boston Herald reported that he pleaded not guilty to four counts each of attempted murder, leaving the scene, assault with a dangerous weapon and operating to endanger. A dangerousness hearing is scheduled for May 10 to determine whether he can be granted bail.

Authorities report the incident happened Monday in a Rockland condo parking lot in front of dozens of witnesses, who had gathered to see a fight over a girl. Police report that Delaplain-Zook exchanged words with someone in the lot and a lighter was thrown at his vehicle.

At that point, the van allegedly turned around and drove straight into the group of bystanders, injuring three girls and a boy. The van drove up over a five-foot gravel embankment and left skid marks as it fled the scene. The defendant was later located and arrested.

Several of the victims were dragged by the van and two of the girls are in serious condition at a Boston hospital with hip, pelvic and internal injuries.

Continue reading "Massachusetts teen faces attempted murder charges " »

The United States Supreme Court has ruled that criminal defense attorney, in Massachusetts and throughout the United States must advise defendants of the immigration consequences of criminal convictions. Failure to do so, the court noted, deprives the defendant of effective assistance of counsel as guaranteed under the Sixth Amendment to the United States Constitution. The United States Supreme Court's holding arose from the case of Jose Padilla v. Kentucky.

Jose Padilla was a lawful permanent resident of the United States for more than 40 years. Padilla entered a guilty plea to transporting a large amount of marijuana. Padilla's attorney informed him that there would be no immigration consequences to his plea which was incorrect advice as federal immigration law clearly indicated that Padilla was pleading guilty to an offense that could result in deportation.

In an opinion written by now retired Justice Stevens, the United States Supreme Court held that Padilla did not receive effective assistance of counsel as a result of his attorney failing to properly advise him of the immigration consequences of his plea. Padilla's case presented in easy case for the majority of the court as the immigration consequences were clear and the attorney's advice was wrong. The court noted that in many cases the immigration consequences will be uncertain and in those cases, a criminal defense lawyer will only have to explain that the plea may have immigration consequences. However, the court underscored that if the immigration consequences of the plea are clear then a criminal defense lawyer has a duty to provide correct advice regarding immigration consequences.

A trio of Brookline police officers are facing Massachusetts assault and battery charges in separate incidents, Boston.com reported.

While criminal convictions can lead to job loss for just about anyone, finding a Massachusetts criminal defense attorney with the knowledge and experience to defend sex crimes is an important consideration in these cases.

In one case, a 24-year veteran of the department, Scott Seto was charged Wednesday after a Brookline woman filed a complaint with the department Monday. Seto was placed on administrative leave with pay. He faces two counts of indecent assault and battery and two counts of assault and battery in Brookline District Court.

Police did not provide additional details about the case.

Also on Wednesday, a clerk magistrate found probable cause to charge two Brookline Police officers, a stripper, and her chaperone, in the wake of allegations stemming from a bachelor-party episode in March, according to Boston.com.

Two other officers, Daniel Avila and Brendan Kelliher, each face a charge of assault and battery, following a hearing in Waltham District Court.

The magistrate found no probable cause to charge two other officers accused in the case. The working status of the officers, who were off duty at the time of the alleged incident, will be discussed at next week's selectmen's meeting. Initially placed on paid administrative leave, they were assigned to inside duty last month.

The incident occurred March 28 when the officers allegedly requested a stripper for a bachelor party but canceled after she arrived with a chaperone, telling her the bachelor had left the party. The chaperone claims they were assaulted by the officers as they were leaving while the officers claim the chaperone initiated the assault.

Continue reading "Brookline, Massachusetts police officers facing assault and battery charges" »

Lawrence Taylor, a Hall of Fame former linebacker for the New York Giants, faces rape and prostitution charges in a case reportedly involving a 16-year-old girl, CNN reported.

Here in Boston, the Massachusetts law dealing with inducing a child under 18 to have sexual intercourse, mandates a prison sentence of not more than 3 years if the child is over 16. The Massachusetts Statutory Rape Law applies to children under 16, and carries a penalty of up to life in prison. The law applies to defendants in cases where a child is under 12 and there is more than 5 years age difference between the victim and defendant or when a child is 12 to 16 years of age and there is more than a 10-year age difference. Anyone facing a Massachusetts statutory rape charge should consult with an experienced criminal defense attorney.

In this case, Taylor, 51, was charged with third-degree felony rape in New York, for allegedly engaging in sexual intercourse with someone younger than 17, as well as third-degree patronization for allegedly paying the underage girl $300 to have sex, according to authorities. The rape charge carries a penalty of up to 4 years in prison while the patronizing charge is a misdemeanor with a maximum penalty of one year in jail.

Taylor's attorney said the 10-time All-Pro linebacker denies the charges and will fight them. Taylor appeared in court, where he was not required to enter a plea, and was freed after posting $75,000 bail.

Taylor was arrested in a Holiday Inn hotel room in Ramapo New York, about 30 miles northwest of New York City.

During his pro football career, from 1981 to 1993, Taylor was one of the most punishing tacklers and pass rushers in the game. Known as "L.T.," he was a member of two Super Bowl championship teams. He was twice suspended from the NFL for substance abuse violations during a well-chronicled battle with cocaine addiction. Most recently, he appeared as a contestant on ABC's "Dancing with the Stars."

Continue reading "Famed linebacker Lawrence Taylor facing rape charges involving underage girl " »

Foxboro police kept busy Saturday, arresting four people in three separate incidents involving a variety of crimes, including Massachusetts drug possession and lewdness, the Sun Chronicle reported.

One arrest was at 10 a.m. on Central Street on charges of driving with a suspended license. Police allege that the suspect gave a false name to the police.

Twenty minutes later, police responded to the Comfort Inn on Fisher Street after a report of a suspicious individual. The police made two arrests for possession of a Class A drug.

Shortly after 3 p.m., police made an arrest at Patriot Place after a individual was accused of exposing himself to at least two female victims, police reported. The arrest came after police responded to a suspicious person reported in the area of the Victoria's Secret shop in the outdoor mall.

After interviewing several females, an officer arrested the defendant on charges of open and gross lewdness.

Continue reading "Massachusetts drug charges among arrests in Foxboro" »

A 38-year-old Stoughton woman with a history of shoplifting has been charged with stealing handbags from the same store where she was arrested two years ago, the Stoughton Journal reported.

Candice A. Kalp was arrested after allegedly stealing two handbags from the Lord and Taylor store at the South Shore Plaza. Police reported that a loss prevention officer at the store saw her take the handbags into a fitting room, where she removed the security sensors and concealed the handbags in her own bag.

She was detained in the parking lot after exiting the store, where she briefly resisted before being restrained, according to police. She faces a Massachusetts shoplifting charge of larceny over $250. The value of the two bags, a Juicy Couture and Kate Spade, was reported at $483.

Continue reading "Stoughton woman arrested and charged with Massachusetts shoplifting offense from South Shore Plaza store " »