Massachusetts Criminal Defense Lawyer Blog

Three men are in custody on drug charges in Fall River after police executed a search warrant on Concord Street on Friday night, the Herald News reported.

Authorities reportedly witnessed several alleged drug buys while conducting surveillance in advance of serving the search warrant. Police surrounded the car and apartment of Ryan Donato. Both Donato and the driver, Joseph Denny Jr., were removed from the vehicle. Police say Donato had a bag in his hand that contained 50 bags of heroin when he was arrested.

A Fall River defense lawyer may challenge probable cause for the search in this case. In cases where illegal search and seizure can be proven, a dismissal of evidence and a reduction or dismissal of the charges often results. In this case, the vehicle was likely not included in the search warrant. Or the search warrant may not have been properly issued based on available evidence.

Police say Denny was carrying $220. A third person, Tiffany Morgado, 28, was arrested inside the apartment. Detectives report finding 732 bags of heroin inside the apartment, along with digital scales, packaging material and more than $18,000 in cash. Police also reported finding an ounce of marijuana.

Donato, 28, was charged with class A drug distribution (heroin), distributing in a school zone, possession to distribute, conspiracy to distribute and possession of a class D drug (marijuana). Under Massachusetts drug laws, a conviction for drug dealing near a school enhances the potential penalty. A sentence for dealing in a school zone must also be served consecutive to the underlying drug charge, and not at the same time.

Donato posted bail but is being held pending a probation violation hearing. He was on probation for driving with a suspended license.

Denny, 24, was charged with possession of a class A drug and conspiracy to violate drug laws. Morgado was charged with conspiracy to violate drug laws and possession with the intent to distribute a Class A drug.

Continue reading "Three face drug charges in Fall River after heroin raid" »

The Massachusetts Supreme Judicial Court in the case of Commonwealth v. Gomes, decided November 17, 2010, reversed a conviction for unlawful possession of a firearm. The SJC held that the motion judge was incorrect in denying the Motion to suppress filed by the Massachusetts Gun Crimes Lawyer.

In the Gomes case, the New Bedford police officer seized the defendant who was parked in his car based on an anonymous tip. The office ordered the defendant out of his car, searched him, solely based on an anonymous tip that a black male was holding a gun in the air and wearing a gray shirt and yellow pants standing outside a green Honda.

The Massachusetts Supreme Judicial Court, applying the case of Florida v. J.L., 529 U.S. 266 (2000), which also addressed the issue of anonymous tips pertaining to possession of a firearm, found that the New Bedford police officer violated the defendant's right to be free from unreasonable searches and seizures under the Fourth Amendment and Article 14 of the Massachusetts Constitution and reversed the defendant's conviction.

The SJC found that the tip did not have any indication of reliability and that there was no indication of an imminent threat to public safety to justify the search and seizure of the defendant.

As a Massachusetts criminal defense lawyer, the Gomes decision is an important decision from the State's highest court affirming that unreliable tips will not provide the basis for a seizure under the Constitution. Additionally, the logic of this case can be used in defending other Massachusetts criminal charges such as drug offenses or OUI charges. A Massachusetts OUI arrest may raise similar issues when a motorist is stopped based on a 911 call of erratic driving. 911 tips raise constitutional issues in OUI arrests as well as in Massachusetts gun charges.

Continue reading "Massachusetts Gun Charge conviction reversed by Massachusetts Supreme Judicial Court " »

A drug raid that began in Brockton has led to drug charges in Easton and Stoughton, according to the Taunton Gazette.

Stoughton Police joined law enforcement from the Drug Enforcement Administration and state police. In all, more than 25 people were arrested in the federal drug raid, including two women. All are expected to face federal drug charges at the U.S. District Court in Boston.

Federal authorities said at least 24 people had been arrested and eight others may be sought by state police. Massachusetts State Police and the Federal Bureau of Investigation also participated in the investigation and raid.

The raids began at 3 a.m. Thursday and targeted residences in Brockton, include several on Green and Clifton streets. Several hundred law enforcement officers took part.

Plymouth County Sheriff's deputies were guarding suspects in vans as they were transferred one at a time into the Brockton Police Department for booking.

Authorities are frequently turning to federal charges for suspects facing drugs charges or gun charges in Massachusetts because convictions often lead to longer jail sentences. Consulting an aggressive and experienced criminal defense lawyer in Massachusetts is a critical first step to protect your rights.

Continue reading "Raid leads to Massachusetts drug charges in Brockton, Easton, Stoughton" »

A 49-year-old man is facing sexual assault charges in Framingham after a nursing home resident said he attacked her while working there, the MetroWest Daily News reported.

The alleged victim, who has a medical condition that makes it difficult to speak or communicate through writing, had initially been ruled incompetent to testify by a Framingham District Court judge. That ruling was overturned by the Supreme Judicial Court, which ruled she should be allowed to testify with the assistance of an aide.

Left undecided are the parameters of just how much assistance the victim will be permitted in testifying. This case is unique, in that the court (and the defendant) must now rely upon what a third party contends the witness is saying. A Framingham criminal defense lawyer will necessarily fight against granting much latitude in this regard and the issue will likely still be ripe for appeal. The importance of preserving such issues for appeal cannot be overstated. In many instances, a local judge may give the local prosecutors the benefit of the doubt. Such is often not the case when an issue goes through the appeals process.

While a criminal defense lawyer will fight to prevent a client from being convicted in the first place, it is also his or her job to make sure they have the best chance of a successful appeal.

In this case, Kofi Agana, 49, was arrested in February 2009 and charged with incident assault and battery on a person older than 14. He is in the custody of Immigration and Customs Enforcement and has been ordered deported to Ghana.

Continue reading "Framingham sexual assault case illustrates need to preserve issues for appeal in Massachusetts criminal cases" »

The Boston Globe recently published an excellent report on the impact television forensic shows, such as CSI, have in the real-world courtroom.

In reality, a Massachusetts criminal defense lawyer can frequently challenge the available evidence in many crimes -- it is the defendant's statements that are much more likely to be a problem. Television is Hollywood and real life isn't. The vast majority of cases do not have DNA evidence, which is expensive and time consuming. Other "forensics" seen on television might be available to the CIA (and we only say might), but is not going to be used by Massachusetts law enforcement anytime soon. For instance, detectives are not going to determine what type of motorcycle a defendant was using during a robbery by matching the sound of its exhaust caught on surveillance video -- which was an actual episode of a popular television forensics show.

In fact, the popularity of such shows can cause problems in a trial -- particularly when jurors think such evidence should be available if prosecutors or the defense just used a little more effort. A 2006 study of 1,000 Michigan jurors found that nearly half expected to see some form of scientific evidence in every criminal case. Nearly 75 percent expected to see it in murder trials. Of even greater concern, is that people trusted such evidence almost blindly; a study of 1,201 California jurors found scientific evidence such as DNA or fingerprints, was considered far more reliable than testimony from police officers, witnesses or the victims themselves.

So it goes without saying that it is critical to select a Massachusetts defense attorney who has the knowledge and experience to challenge all manner of forensic evidence while convincing a jury of its relative value.

Meanwhile, a new study of 400 murder cases found that the presence of forensic evidence had very little impact on whether an arrest was made, charges were filed, or a conviction was handed down in court. Just 13.5 percent of murder cases had physical evidence linking the murderer to the crime scene or the victim. If you are a defendant without an experienced and aggressive defense lawyer, that is a truly frightening statistic. In other words, the state wants you to believe that more than 85 percent of murder defendants are guilty because prosecutors say so.

According to the research, biological evidence was found 38 percent of the time, fingerprints 28 percent of the time, and DNA in just 4.5 percent of homicides. Research yet to be released shows that forensic evidence also plays a minimal role in other types of crimes, including robbery and burglary. Forensic evidence is collected in less than a third of such cases and is submitted to the lab just a small fraction of the time.

Meanwhile, the National Academy of Sciences is questioning whether certain methods used in forensics are even scientific and is decrying the lack of standards and certification. Problems are commonplace: In 2008, Detroit shut its crime lab after an audit found a 10 percent error in ballistics testing; New York State Police have come under fire for overlooking evidence that a crime lab was fabricating data; and a San Francisco crime lab was closed after it was revealed that an analyst was allegedly skimming illegal drugs for personnel use.

Massachusetts hasn't escaped problems. In 2007, the Executive Office of Public Safety found a backlog of more than 16,000 cases awaiting DNA testing. In fact, DNA backlog is a nationwide problem that has cost $330 million since 2004 and is one of the primary reasons an individual case is unlikely to be tested.

Continue reading "Forensic science plays role in few Massachusetts criminal cases" »

The Massachusetts Court of Appeals decided a significant case for Massachusetts Domestic Assault and Battery Lawyers. In Commonwealth v. Belmer, decided October 14, 2010, the Massachusetts Appeals Court permitted an affidavit in support of a 209A restraining order to be used as substantive evidence. This ruling was critical because the victim originally claimed that the defendant, her husband, struck her 15 year old son, but recanted the testimony at trial. Her son was brought to the Boston Emergency Center where he was given stitches for his lip.

The mother wrote in her 209A, restraining order affidavit, that her son intervened when he heard her arguing with the defendant. According to the 209 affidavit, the defendant started a fight with the 15 year old boy. In addition to signing an affidavit, the mother testified as to what occurred between her son and husband at the 209A hearing.

At trial, the judge allowed the prosecutor to question the child's mother regarding her 209A affidavit and testimony at the 209A hearing. At trial, the mother recanted her testimony claiming that the fight was purely verbal and that the defendant was talking with his hands and accidentally struck her son with his elbow. The mother claimed that her trial testimony differed from her affidavit because she was angry at the time she made the affidavit, about the fact of the defendant's infidelity and that her son was injured.

The Commonwealth also admitted the medical records of the child at the Domestic Assault and Battery trial. The EMT records stated that the victim reported being struck. Additional medical records also recounted that the victim stated that his father struck him in the face with a closed fist.

The Commonwealth, relying on the case of Commonwealth v. Daye, 393 Mass. 55 (1984) argued that the prior inconsistent statements of the victim should come into evidence as substantive evidence. Under Daye, a prior inconsistent statement can be used as evidence of the criminal offense charged when the following criteria are met: First, the maker of the statement must be available for cross examination, the maker of the statement must have a memory of the prior statement and that statement must be the maker's own words rather than a response to a questions, like a yes or no answer or other leading question. The Daye court further noted that the prior inconsistent statement cannot be the sole basis for the conviction but must be corroborated by some other evidence.

It appears that significant to the court's decision in Belmer finding that the prior inconsistent statement was corroborated was the fact that the medical records were admitted into evidence without objection. Generally, medical records as to how an event, such as a domestic assault and battery would be inadmissible without the live testimony of the maker of the statement. It appears that the victim of the assault and battery never testified; accordingly, as a Massachusetts criminal defense lawyer, it appears as though the medical records should have been excluded from evidence as inadmissible hearsay. Had these records been excluded, it is difficult to see how the court would have found the corroboration rule satisfied.

The Belmer case is a significant case for defending domestic assaults in Massachusetts as it shows how the Commonwealth can proceed to trial even with a hostile witness. Accordingly, it is important to hire an experienced criminal defense lawyer to represent you in court and to fight your case at trial.

Continue reading "The Massachusetts Court of Appeals decided a significant case for Massachusetts Domestic Assault and Battery Lawyers " »

An officer's suspicion about air fresheners inside a Jeep Cherokee led to the arrest of a 28-year-old man on drug charges in Worcester, according to the Telegram.

A Worcester criminal defense lawyer may challenge probable cause for the traffic stop and/or the search in this case. Criminal charges can be reduced or dismissed when illegal search and seizure results in the seizure of evidence in connection with an alleged crime.

In this case, a trooper suspicious about the air fresheners called a state police dog to the scene. Ultimately, the stop resulted in the seizure of half-kilo of cocaine and $32,810 in cash. Joel M. Alicea, 28, of Lawrence, and Alejandro Nunez Perez, 28, of Methuen, are facing cocaine trafficking charges in Central District Court.
Massachusetts State Police report that a trooper stooped the Jeep for allegedly traveling too fast on eastbound I-290.

The trooper reported an overwhelming odor of air freshener coming from the Jeep and said the men were hesitant about the vehicle's ownership. While questioning the occupants, the trooper noticed 12 different air fresheners in the Jeep. After calling a K-9 unit, police reportedly found cocaine in the airbag area of the vehicle. They also found a bundle of cash containing $32,810.

Both defendants were arraigned in Central District Court on charges of cocaine trafficking, possession of cocaine with intent to distribute and conspiracy to violate drug laws.

Continue reading "Massachusetts search and seizure leads to drug charges in Worcester after state police find cocaine, $32,000" »

The Massachusetts legislature passed a law allowing for parole on certain Massachusetts drug offenses that previously were subject to mandatory minimum sentences. Under prior statute, an individual convicted of distributing narcotics within a school zone was not entitled to the possibility of parole until the full two year drug sentence was served. Under Chapter 256 of the Act of 2010, effective November 4, 2010, a defendant convicted of a drug offense within a school zone may have the possibility of being released on parole if no aggravating factors were present in the commission of the offense.

Continue reading "New Massachusetts criminal law allows for possibility of parole for nonviolent Massachusetts drug offenses " »

A Quincy man, Michael Russell faces a Massachusetts felony charge of burglary and a misdemeanor charge of assault and battery, according to a news account in the Patriot Ledger. A charge of assault and battery with a dangerous weapon would be a felony offense.

Under Massachusetts criminal law, an assault is an attempted battery. An assault is an intent a to put another person in fear of an immediate battery. A battery is when someone is struck intentionally, for example a punch, kick or other physical contact. An assault is when no physical contact occurs but the person reasonably feared being struck. In this case, because the news account states that the victim was struck, Russell was charged with assault and battery. Had he merely threatened to strike the alleged victim, the charge would have been strictly an assault.

As a Massachusetts criminal defense lawyer, practicing in Quincy District Court and throughout Norfolk County, I have defended numerous individuals charged with a Massachusetts assault and battery charge and other felony criminal offenses, such as burglary.

Continue reading "Quincy man faces Massachusetts criminal charges of burglary and assault and battery" »

A Pembroke man faces drug charges in Brockton District Court after police stop the vehicle for allegedly swerving in the road according to a news account in the Brockton Enterprise.

The defendant was charged with possession of Class A, heroin with the intent to distribute, trafficking in Ecstasy, possession of Class B drugs with the intent to distribute, a subsequent offense charge of possession of Class B and possession of marijuana with the intent to distribute.

While there are few details of the arrest, it appears that the narcotics were found during a search of the vehicle. In a Massachusetts drug case, often one of the most successful drug defenses is the filing of a motion to suppress to exclude evidence. The issue in the case will be whether a full search of the car was justified.

An informant testifying for prosecutors as part of a plea deal told the jury that one of the co-defendants threatened to kill him if he talked about the murder of a nurse and the brutal machete assault of her 11-year-old daughter, according to the Boston Globe.

Massachusetts criminal defense lawyers are frequently left to defend a client against the testimony of a jailhouse informant or a co-defendant who cut a deal with prosecutors. Such testimony is notoriously unreliable. We frequently discuss the need to remain silent and invoke your right to an attorney when arrested, regardless of how serious you think the trouble. This case is typical in that prosecutors cut a deal with some of the accused in order to win testimony against the others. Investigators will sometimes elude to such deals in soliciting testimony following arrest. Again, without the presence of your attorney no such deal can be guaranteed.

In this case, the 21-year-old testified for the prosecution that a 17-year-old friend threatened to kill him if he talked about the attack. The attack killed a 42-year-old woman and critically wounded her 11-year-old daughter, who was struck repeatedly in the face with a machete while playing dead. The informant testified in exchange for a deal that included lesser charges and a 12-year prison sentence.

Several of the defendants stayed at his house after the attack. Police charged four teenagers and young adults after word of the crime began to spread among acquaintances. Prosecutors also cut deals with two of those defendants.

Criminal Defense attorneys spent the day attacking the credibility of the witnesses, pointing out their testimony differed from the sworn statements they gave prosecutors.

Continue reading "Plea deals lead to witness testimony in Massachusetts criminal trial involving Machete attack" »

A Milford man is facing criminal fraud charges in Massachusetts after being accused of identity theft, according to the Milford Daily News.

Brian J. Williams, 32, of 3 Fountain St. Apt. 2, was arrested at a Citizens Bank branch after employees told police he was attempting to open up an account with fake documents. Police report a warrant had been issued for his arrest earlier in the week after the victim reported fraudulent activity. The victim told police that Williams was a former friend who used his social security number and mother's maiden name to open up credit card accounts at Kohl's and Nordstrom.

The bank said the defendant was able to get about $400 by depositing empty deposit slips at the ATM and withdrawing cash. The victim said he suspected Williams charged about $3,000.

A Milford criminal defense lawyer experienced in handling Massachusetts theft and larceny charges will need to thoroughly review the allegations in this case. These cases are often more complicated than they appear in the newspaper and will require an attorney experienced in handling fraudulent bank transactions and identity theft allegations.

Police allegedly found him in possession of a driver's license in the victim's name. Williams faces charges of identity fraud, possession and use of a false or stolen Registry document, forging and misuse of a Registry document, forging a document and uttering a false document.

He is due back in Milford District Court for a pretrial hearing on Nov. 22.

Continue reading "Milford, Massachusetts man accused of fraud and identity theft charges in Milford after bank account and credit cards are opened in friend's name" »