Massachusetts Criminal Defense Lawyer Blog

A 72-year-old man was arrested for allegedly killing his wife on Sunday and was in jail Monday as state lawmakers began debate on a comprehensive domestic violence bill, Fox Boston reported.

In recent years, lawmakers have passed or debated laws to protect the jobs of victims of domestic violence, protect their housing, and even a measure to include pets in the definition of domestic violence in Massachusetts. Meanwhile, the penalties continue to get more severe for those convicted of domestic charges. Among the provisions of the newest proposal is a measure that would give loved ones the rights to the body of a family member killed by a spouse.

Authorities received a 911 call on Sunday about a murder-suicide. But when they arrived at the home they found 72-year-old David McCall alive in the kitchen and his 69-year-old wife on the floor with a gunshot wound. She was taken to the hospital, where she was pronounced dead. The defendant was wheeled out of his home and taken to Malden District Court. He was charged with murder and was being held without bail pending a competency hearing.

The Boston Globe reported 30 Massachusetts homicides in 2010 were related to domestic violence. Lawmakers dedicated themselves to passing additional laws aimed at punishing victims and helping offenders during White Ribbon Day at the State House earlier this month.

But the fact remains that the laws are often abused. More than many other types of crime, the social stigma associated with a domestic violence allegation can lead to job loss and strained relationships with friends, family and coworkers. False accusations are often made as the result of a contentious divorce or breakup or in the midst of a child custody case. Not only can restraining orders prevent a defendant from visiting his children or even returning home, but a conviction can negatively impact the outcome of divorce, child custody and visitation cases.

A conviction can prevent a defendant from owning firearms and may prevent him from working in certain professions, including law enforcement or as a member of the armed services. The National Coalition Against Domestic Violence reports nearly 30,000 protection orders are issued each year, which can greatly impact a defendant's life with or without a finding of guilt. A conviction can result in a penalty of up to 2.5 years in prison, a $1,000 fine, mandatory counseling and community service.

The Massachusetts Office of Public Safety has developed guidelines for an officer's rights and responsibilities at the scene. Frequently, a complaint will result in arrest. However, these cases are often he-said-she-said and consulting with an experienced defense attorney is the best option for protecting your rights in the wake of a domestic violence charge in Boston or the surrounding area.

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Officials are investigating the report of a sexual assault in Brockton that may have happened in a classroom during school hours, with a teacher present, the Enterprise News reported.

Brockton criminal defense attorneys know the consequences can be quite severe for those convicted of sex charges involving students. A defendant has the right to be presumed innocent. However, more than many other types of criminal cases, sex charges involving schools and/or students require defense on all fronts, including in the court of public opinion. Even in cases where a defendant is ultimately found innocent, job loss, loss of reputation and other costs can be a high price to pay.

In this case, a Stonehill College junior from Millis, is charged with child rape and indecent assault on a child under 14. Under Massachusetts Law, MGL c.265, s. 13B, incident assault and battery of a child under the age of 14 is punishable by up to 10 years in prison. Rape of a child can be punishable by up to life in prison. The victim has reportedly told police the abuse happened numerous times, in a classroom during school hours.

The defendant has plea not guilty and said the victim was angry at him for not having chosen her for a group. He said he has had little or no interaction with her during the school year. Some in the community are calling for better supervision of tutors as a result of the allegations.

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A fire captain is facing assault charges in Taunton in the wake of an October incident with a local businessman, the Taunton Daily Gazette reports.

Taunton criminal defense lawyers see similar cases from time to time; whether a code violation, fire-safety issue or issues related to local politics or city government, such accusations can have a serious impact on the career of a city employee or public servant. When such charges are not taken seriously enough, or are not properly defended, job loss and other serious consequences can result.

Fall River police report the alleged victim, Michael O'Donnell, lodged the complaint on Oct. 12, the day of the incident; he accuses Capt. Robert Bastis of grabbing him by the throat and throwing him to the ground in Fall River Housing Court.

The defendant is set to be arraigned in Fall River District Court on April 8.

A magistrate decided there was probable cause to proceed with the case. It's important to understand that the threshold of evidence necessary to charge a defendant -- probable cause -- is not as high as that needed to convict a defendant. A conviction requires a higher burden of proof.

The incident occurred as the two were leaving Housing Court and was witnessed by a number of city officials, including a building superintendent, a building inspector and the city solicitor. O'Donnell has been in court on numerous occasions, defending himself against charges by the city that the Leonard Block/Star Theater building is unsafe and violates building and fire codes.

City officials claim the theater is a fire hazard to adjacent buildings, including City Hall, which has been closed since police say an arsonist set fire to the attic in August. The fire chief said the department had no policy requiring a suspension for an employee facing criminal charges and as far as he was concerned the captain was acting in self defense.

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The case of Ricky Lee Allshouse, Jr. v. Pennsylvania is currently before the United States Supreme Court on a petition for certiorari. You can read the filings from the case on the Scotus Blog, by clicking here. As a Massachusetts criminal attorney, this case represent another important case interpreting the Sixth Amendment Right of Confrontation.

The Allshouse case involves an allegation of child abuse to an infant boy. The abuse was witnessed by the sister who told investigators that the defendant grabbed and yanked the infant. The State tried to admit the statement relying on a Pennsylvania statute allowing a prosecutor to introduce out-of-court statements in place of live testimony provided that the court finds that the statements was sufficiently reliable and the court declares the child unavailable.

At trial, the State introduced the statements through both the child abuse caseworker and a child psychologist. The Pennsylvania Supreme Court affirmed the conviction holding that the statements were nontestimonial. The Court found that the statement to the caseworker was nontestimonial because the possibility that the defendant caused injury to the child made it necessary for an immediate investigation. Surprisingly, the court held that the statement to the child psychologist was cumulative and did not reach the Sixth Amendment issue with regard to that statement.

The petition before the United States Supreme Court argues that the statements are testimonial in the same way as in the Hammond case because the child witness is recounting past abuse. The criminal defense lawyer for the defendant argues that the incident under investigation was even further removed in time from the incident than in the Hammond case.

As a Massachusetts criminal attorney, I would expect the United States Supreme Court to grant certiorari in the case. If the Court rules for the defendant, the decision would further define the ongoing emergency exception announced in Bryant and Davis.

A 47 year old man Gerald Narold was charged with domestic assault and battery in the Attleboro District Court. According to the news account from David Linton, who covers the Attleboro District Court for the Sun Chronicle, police allege that Narold pulled a clump of hair from the head of his girlfriend. She called 911; the couple's six year old daughter tried to intervene to prevent the incident from occurring.

As a Massachusetts domestic assault and battery lawyer, charges of domestic assault often involve the parties having completely different versions of events. It is not uncommon for someone charged with domestic assault to vigorously contest the facts alleged in the police report. Domestic assault and battery cases also involve complex legal issues surrounding the right of confrontation and the degree to which the Commonwealth can admit a 911 call into evidence. Recent case law from the United States Supreme Court has expanded the degree to which a prosecutor can admit 911 calls into evidence when the victim does not testify in court.

Narold was held on 1500 cash bail. Given that the news account indicates he had a prior domestic assault from Wrentham District Court on his record, the bail amount was not unreasonable given the circumstances.

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In a rare victory for those convicted of a sex offense, the Supreme Judicial Court threw out the conviction of a Boston sex offender who failed to register with police within two days of his release from jail -- saying the state did not have the authority to mandate the two-day registration requirement.

It's imperative to consult with an experienced Massachusetts criminal defense lawyer as soon as possible if you or a family member is being investigated or has been charged with a sex crime in Massachusetts. Once convicted, a defendant may be subjected to sex-offender registration requirements and other restrictions for the rest of his life. Too seldom do courts or lawmakers side with offenders. Too often do they pile on more rules and restrictions that can leave a defendant paying for a crime long after time has been served.

An aggressive defense is required to keep a conviction off your record whenever possible and to make sure a defendant has the best chance of meeting reporting and probation requirements. Unfortunately, defendants are often ashamed enough to quickly plead to a charge when offered a deal without jail time. Too often, this only leads to serious legal problems. In other cases, an investigating officer may attempt to get a statement by using a suspect's embarrassment, or even by indicating the allegations are little more than a nuisance that needs to be cleared up.

In each case, a defendant is best served by speaking to an experienced criminal defense attorney. The chances of talking your way out of charges are virtually nonexistent. In many instances, such cases hinge on the testimony of the defendant and the alleged victim. Talk to a lawyer before talking to law enforcement.

In this case, the defendant was charged in 2009 with failing to notify Boston police within two days of his release from jail that he would be living at a local homeless shelter. The state's high court ruled the Sex Offender Registry Board was established by state law and had no authority to go beyond the law, as it did in establishing the two-day rule. Some offenders are then required to appear in person at their local police station to verify their residency information every 12 months.

Those in homeless shelters must verify their information every 30 days.

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Three defendants in an Attleboro drug trafficking case could face federal charges, the Sun Chronicle reported. The case is being described as the city's largest heroin bust and involved a Dickens Street used car dealer.

A Massachusetts criminal defense lawyer experienced in defending clients in state and federal court will need to represent the defendants in this case. Federal conspiracy charges or charges involving the Racketeering Influenced and Corrupt Organizations Act can come with lengthy prison sentences and forfeiture laws that could result in the seizure of the business. While such laws were once used mainly against organized crime figures, they are now routinely used against defendants facing drug distribution charges in Massachusetts and elsewhere.

A probable cause hearing in Attleboro District Court was continued after an assistant district attorney indicated the case may be taken over by federal prosecutors.

The Auto Sales business was raided Feb. 10 by the Drug Enforcement Administration and U.S. Immigration and Customs Enforcement officers after a tip from an informant. More than 4 pounds of heroin were seized, with a value of more than $500,000. The men have pleaded not guilty to charges of trafficking in more than 200 grams of heroin and drug conspiracy.

Attorneys for two of the defendants argue their clients were not the target of the probe and were not named in the search warrant affidavit. A search warrant affidavit typically spells out the evidence officers use to obtain a warrant. The warrant itself must be written in such a way as to be reasonably restrictive. Defense lawyers will argue whether the affidavit contained enough probable cause to obtain the warrant and whether law enforcement obeyed restrictions or conducted searches beyond what a warrant permitted.

Police conducted the raid as a Dodge Caravan arrived, based on information that a large-scale heroin delivery was being made by a Guatemalan organization.

Continue reading "Heroin charges in Attleboro could lead to felony drug case in Massachusetts" »

A writer for ESPN is facing a charge of domestic assault in Massachusetts after a weekend incident outside a local pizza parlor, Fox Boston reported.

Massachusetts domestic violence defense lawyers understand the stigma associated with domestic assault can often lead to job loss and other serious social consequences. While these cases frequently involve minor misunderstandings, and while either spouse may be at fault, it is typically the man who is arrested in today's zero-tolerance world. Nor does the assault have to involve a couple -- altercations between children, in-laws and other relatives can lead to a domestic assault charge in Massachusetts. In some cases, threats or other actions short of physical assault can be enough to bring charges. And, in still other instances, malicious allegations are made during a contentious divorce or child custody case and can have a detrimental impact on such legal proceedings.

The weekend arrest of Howard Bryant is the second high-profile domestic incident involving an ESPN staffer in recent months. In September, ESPN personality Jay Mariotti pleaded no contest to a misdemeanor domestic violence charge, the L.A. Times reported.

Massachusetts State Police report Bryant was arrested after witnesses reported seeing a man choking a woman outside a pizza parlor in Buckland. Police also say he resisted arrest, striking a state trooper in the chest in the process.

Bryant told the Associated Press he was arguing with his wife and had his hand on her shoulder, but that he did not choke her. Bryant's wife confirmed his version of events to ESPN.com.

Bryant's attorney said he believes the arrest may have been racially motivated; and that Bryant did not resist arrest but was double handcuffed and slammed against the hood of a cruiser anyway. He pleaded not guilty to charges of domestic assault and battery, resisting arrest and assaulting a police officer. He is due back in Greenfield District Court next month.

ESPN said it is aware of the allegations and is conducting its own investigation.

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