Massachusetts Criminal Defense Lawyer Blog

Massachusetts Domestic Assault and Battery Charges were brought after an alleged Thanksgiving Day Domestic Dispute. According to the report in the Attleboro Sun Chronicle and a Rhode Island news report, Nakiea Cherry is alleged to have rammed her boyfriend's car in the parking lot of Target. The Attleboro criminal lawyer in the case argued that the defendant had no intention to strike the victim's car, but simply cut the wheel too late.

The Commonwealth attempted to revoke Cherry's bail because she had an open case in another court; however, the judge denied that motion and set a $ 1500.00 cash bail. When an individual faces additional criminal charges while out on bail on a pending case, a court can order the defendant held without bail for up to 60 days. This is found in Massachusetts General Laws Chapter 276 Section 58, known as the Massachusetts bail statute.

Unlike many Massachusetts domestic assault and battery charges, it appears in this case there are independent witnesses, meaning that even if the alleged victim does not wish to testify the Commonwealth may be able to proceed with the prosecution of the case.

Continue reading "Massachusetts Domestic Assault and Battery charges arise from Thanksgiving Day dispute" »

A routine traffic stop resulted in Massachusetts drug trafficking charges brought out of the Attleboro District Court. It appears that Adnel Caballero may have a very strong defense by challenging whether his rights under the 4th Amendment to the United States Constitution and under Article 14 of the Massachusetts Declaration of Rights were violated by the police conduct in this case.

Typically, when the police in Massachusetts make a stop for a routine traffic violation, the motorist should be issued a citation and allowed to continue on his way. The news report in the Attleboro Sun by David Linton claims that police found a large amount of cocaine and heroin in a secret compartment under the center console.

It appears as though the police began to search the car based on Caballero appearing nervous and the car having a strong odor of an air freshener. A search of the car revealed after marketing wiring and it appears as though police called a drug dog in order to search the car for cocaine and heroin. To read more about legal challenges to searches based on dog sniffs, resulting in the discovery of illegal narcotics, click here.

As a result of the large amount of narcotics found during the search, the defendant was charged with drug trafficking in Massachusetts.

Continue reading "Drug Trafficking Charge brought out of Attleboro District Court after traffic stop" »

A Framingham man faces Massachusetts domestic assault and battery charges. According to a report in the MetroWest Daily News, Adrian Pimentel got in an argument with his girlfriends where he is alleged to have shoved a bar of soap in her mouth, broke her cell phone and tore the spark plugs from her car so she could not leave. Given the allegations, this is an extremely serious case of domestic assault and battery that Framingham prosecutors are likely to take a very aggressive stance on.

Domestic assault and battery charges in Massachusetts involve two types of case; those where the alleged victim wishes to testify against the defendant and the more common situation when the victim no longer wishes to proceed with the prosecution.

The second type of case when the victim is not willing to testify can make for a complex defense based on the defendant's Sixth Amendment right of confrontation. I have discussed these defenses in prior posts.

As applied to the Framingham case, assuming the victim does not wish to testify, the issues as to whether the prosecution can proceed will depend on how quickly the police came to the scene and the location of the defendant at the time of the police arrival. It appears from the news report that the defendant was in the area when arrested.

As a Framingham domestic assault and battery lawyer, individuals charged with domestic assault should understand that these cases can involve complex defenses and merely because the victim no longer wishes to pursue the case, does not mean that the prosecution will end. To help you understand how these cases are prosecuted you can call 781-686-5924 or 508-455-4755.

The Taunton Daily Gazette reports that two brothers are facing guns and drug charges after a police raid.

Drug charges and gun charges in Taunton often go hand-in-hand.

Massachusetts criminal defense lawyers have defended many clients charged with both crimes. In the Commonwealth, drug charges can range from possession of a small amount of marijuana to being caught with larger amounts that can lead to trafficking charges.

In gun cases, possession of a gun without a firearm identification card can lead to mandatory jail time. Possession by a convicted felon or using a weapon while committing another crime are also serious offenses.

But there are many defenses to these two charges. Your defense lawyer must carefully review the facts and circumstances that led police to believe they were justified in filing such charges. If they relied on a search warrant to gain entry to a home, car or business to seek evidence, what was written in an affidavit must be scrutinized.

In many cases, a group of people can be riding in a car that gets pulled over by law enforcement. If there's an illegal gun or drugs in the car, police will sometimes attempt to charge everyone. That's simply not right and cases like that have been overturned and charged dropped because police don't have the facts to back up such charges.

In this case, 19-year-old Adilson DaGraca-Teixeira and 21-year-old Jason DaGraca-Teixeira are charged with possession of heroin with intent to distribute, conspiracy to violate drug laws, possession of ammunition without a firearms identification card and possession of a firearm without a firearms identification card. They are both being held without bond while they await a February 2 trial date.

On November 3, police raided their apartment at 56 Wales St. after they got a search warrant signed by a judge. Officers said they found heroine, oxycodone as well as a hidden compartment in the ceiling that contained ammunition and two handguns. The defendants' sister, Melinda Teixeira, 18, was arrested as well as three other people. She is being charged with possession of heroin with intent to distribute, being present where heroin is kept and conspiracy to violate drug laws.

Three other 19-year-olds -- Alexander Torres Jr., of Brockton, Jeschalie Jimenez, of Providence and Darius Jones of Taunton face various drug possession charges.

These young people now face very serious drug charges that can have a profound effect on their future. But remember, it is the prosecution's job to prove the charges, not the other way around. A defendant doesn't have to say anything before a jury because the charges must be proven beyond a reasonable doubt, not disproven.

There are defenses that must be considered for a person facing charges that are this serious. When the defendants are young and have a future ahead of them, the responsibility is even greater. Putting your faith in an experienced and aggressive Massachusetts criminal defense lawyer is the best course of action at the earliest possible stage in such cases.

Continue reading "Taunton Brothers Face Massachusetts Drugs Charges After Police Raid" »

The United States Supreme Court heard arguments in a case raising the issue of whether GPS monitoring violates an individuals Fourth Amendment right to be free from unreasonable searches and seizures under the Constitution. The case is United States v. Antoine Jones, and the filings from the case can be found on the Scotus Blog.

The criminal defense lawyers in the case allege that Jones' Fourth Amendment right to be free from unreasonable searches and seizures was violated when federal agents put a GPS tracking device on his car without his consent. The tracking resulted in the defendant being charged with federal drug charges. To read an excellent commentary on the case click here to read Shannon Bream's Article for Fox News.

The case addressed the issue of whether a warrant must be obtained under the Fourth Amendment before the State can monitor someone through GPS surveillance. In the case, the police obtained a warrant to monitor the activity of defendant Jones; however, the warrant expired, meaning that no valid search warrant authorized the GPS monitoring. The federal agents in the case installed a GPS tracking device on the defendant's car without his knowledge or consent.

The transcript of the oral argument did not reveal a clear direction that the court is likely to take in the case. Click here to read the transcript of the oral argument. The Court seemed troubled by the idea that the police could install a GPS tracking device on anyone's vehicle. However, the Court's questioning suggested that this may not necessarily be a 4th Amendment violation because there is no search or seizure. As to the issue of whether the GPS monitoring constituted a search, some of the questioning from the Justices suggested that because the police could monitor a person with constant surveillance, the GPS simply assists the police to make them more efficient.

Justice Sotomayor asked if under the governments theory the government could monitor every person through their cell phone. The Government suggested that may be unconstitutional because cell phones are kept on an individuals person and monitoring someone through their clothing might be unreasonable under the Fourth Amendment.

The defense lawyers argued that the GPS tracking constituted a search because of the large amount of data that is obtained. Justice Scalia suggested that the GPS monitoring while it may be unreasonable, may not constitute a search or seizure under the court's case law.

The court raised the question if it is okay for police to monitor someone through cameras than why is GPS monitoring not the same type of surveillance. Justice Scalia emphasized that the unreasonable prong does not take effect unless there is a search and the case law has held that there is no search when everything done is open to the public. The criminal defense attorney proposed that police should be required to get a warrant to use GPS tracking, absent exigent circumstances because of the GPS capacity to collect data that you could not realistically get.

As a Massachusetts criminal lawyer, I would expect that the court will hold that the installation of GPS tracking is not a search or a seizure based on the Court's current case law. While I disagree with this decision, under the United States Supreme Court's case law defining these terms and based on a view of the oral argument, it appears that the justices were heading in that direction.

Criminal defense lawyers should continue to argue that GPS searches violate the Massachusetts Declaration of Rights which in many cases has been interpreted to provide individuals with greater liberty than the federal constitution. While I believe that the court is going to leave GPS monitoring to the legislature, the court should hold that the attachment of the GPS constitutes a search and seizure as the Government is taking individual data without the consent of the individual. The act of installing the device constituted a seizure that should require probable cause and a warrant issued by a magistrate.

An off-duty Mansfield police officer was credited with breaking up a daylight brawl between three men who had tire irons and a knife, the Taunton Daily Gazette is reporting.

Self-defense is one of the most commonly acknowledged theories of defense portrayed on television criminal shows and in novels. But in assault and battery charges in Attleboro, can also be a legitimate defense. In this case, the presence of weapons will complicate the defense and will likely enhance the charges faced by the defendants.

If someone is attacked, either with fists or weapons, they have a right to defend themselves. If you are arrested, the skills of an experienced Massachusetts criminal defense lawyer can aid in explaining this to a jury. Too often, police just make an arrest, regardless of who is right or wrong at the scene.

When violent acts take place, police can sometimes have a tough time sorting out the pieces. If the victim and suspect are both pointing fingers at each other, it can be independent witnesses, video surveillance or even physical evidence that can point to the truth. A skilled lawyer can get to the bottom of the case.

In this case, according to the newspaper, Michael Dutra, 56, and John Carveiro, 48, allegedly told police they thought Reginald Jenkins, 44, had stolen $50 they accidentally dropped outside a package store. When they realized the money was missing, they remembered seeing Jenkins reach down in the parking lot and pick something up, the police report states.

They drove around hoping to spot Jenkins and they found him walking in a nearby parking lot a few blocks away. They allegedly both got tire irons from their pickup truck and began swinging at Jenkins. He also got a tire iron from the pickup truck and tried to defend himself, but was hit in the head and arm. He was also stabbed in his back by someone carrying a knife.

Police say that an off-duty police officer from Mansifled, Jeffrey Danner, was driving nearby and saw the brawl as it took place. Once Jenkins hit the ground, Danner pulled up, exited his vehicle, pulled out his badge and a handgun and ordered them to stay put.

Carveiro was charged with two counts of assault and battery with a dangerous weapon, two counts of carrying a dangerous weapon and one count of disorderly conduct.

Jenkins is charged with assault with a dangerous weapon, disturbing the peace and disorderly conduct. The newspaper didn't have details of the charges Dutra faces.

In this case, according to the newspaper and police reports, it appears clear that Jenkins was the victim and yet he faces charges. Had the other two men not allegedly stopped to start the fight, he wouldn't have been involved. And after they grabbed weapons, he would have been foolish to stand by and allow them to beat him.

One can only hope that Jenkins gets an experienced and dedicated Massachusetts criminal defense lawyer to straighten things out with the prosecution in order to avoid any long-term consequences as a result of these charges.

Continue reading "Brawl in Taunton Broken Up By Off-Duty Police Officer results in Massachusetts Assault and Battery charges" »

The Sun Chronicle is reporting that four defendants charged with participating in a gas station dispute a few months ago may have their cases dropped because the videotape of the incident was accidentally taped over.

Gun charges in Attleboro can have serious long-term consequences, including probation, jail or prison time, fines and fees and a major blemish on a record.

Every defendant has a right to a fair trial and that includes being able to confront every witness and every piece of evidence the prosecution intends to use against you. By losing or destroying exculpatory evidence, the Commonwealth denies a defendant due process and the right to a fair trial under the Constitution.

It's not as rare as one might think. Attleboro criminal defense lawyers have witnessed many cases where police will misplace, misidentify or otherwise lose evidence in a case. Police handle thousands of cases and they have procedures to properly store evidence. But there are times when the system fails.

In this case, lawyers for the suspects are asking that an Attleboro District Court judge drop their cases. They argued that the videotape of the incident would clear the men of wrongdoing.

The manager at the Shell Gas station on South Avenue testified that the tape was accidentally recorded over. The police should have secured the videotape when they made their case against the suspects, which would have prevented the problem.

A police officer who viewed the tape wrote in a report that the tape didn't show any of the defendants with a gun. They were arrested later after their car was stopped and a .22-caliber handgun was seized from inside the vehicle.

Arrested were Joshua Demers, 19, of Attleboro, Manuel Teixeira Jr., 20, Dylan Contreras, 18 and Tyrone Ball Jr., 22, of Pawtucket. They have all pleaded innocent to a charge of carrying a firearm without a license, carrying a dangerous weapon and disturbing the peace.

The defendants are due back in court in December and the judge said he would make a decision on the matter before they are supposed to appear before him.

All suspects in a criminal case have certain rights. One of the most fundamental is the right to be able to inspect and view all evidence. If police and prosecutors botch the case, they should pay the consequences. In this case, it would mean having the charges dropped.

Continue reading "Attleboro Gun Case May Get Dropped Because of Poor Handling of Evidence" »

New England Patriots wide receiver and special teams member Julian Edelman appeared in Boston Municipal Court recently to address charges that he groped a woman on a dance floor, the Boston Herald reports.

A Boston sex crimes lawyer has seen how allegations that appear innocent on the surface can lead to serious charges and tough penalties against a defendant.

Sex crimes in Boston not only can include the possibility of jail or prison time and probation. If convicted, a defendant could be forced to register as a sex offender. This means their photo, address, identifying marks such as tattoos and other information will be displayed on state and national websites. They must notify law enforcement where they're moving from and where they're moving to. If they don't, they can be charged again.

A sex crimes conviction in Boston follows a person for life unless it is fought vigorously in the court system. Sadly, athletes and celebrities can sometimes be victimized because of their fame.

In Edelman's case, he pleaded not guilty to a charge of indecent assault and battery. He is accused of reaching up a woman's Halloween costume on the dance floor of a Back Bay nightclub.

A male witness said he watched the woman's expression change on her face to "shock" after the player allegedly "grabbed her vagina," a police report states. After the male witness threatened to "beat up" Edelman, he and the woman were kicked out of the club. Edelman was eventually removed from the club, but denied the allegations to police.

WEEI reports that Edelman said nothing during his initial court appearance. He was released on his own recognizance and ordered to stay away from the club and the alleged victim.

Edelman is a third-year player who was drafted in 2009 out of Kent State University. This season, he has three catches for 25 yards and 47 catches for 470 yards in his career. He has played mainly special teams for the Patriots this season, also returning kicks.

This appears to be a case of what will amount to a he said/she said situation, although there appears to be a witness who will testify for the state as well. It's unclear whether the woman was flirting with Edelman before the alleged incident or if they were dancing close to each other before this allegedly happened.

Alcohol can sometimes be a factor and police must address that when they are called to a scene. If a person claiming to be a victim has been affected by alcohol and a night of drinking, investigators must consider that in deciding to file charges and it could influence a jury's evaluation of the credibility of witnesses. This is common in cases of alleged domestic violence in Boston. When police arrive at a house, they sometimes assume the person considered the victim is telling the truth and the accused is lying.

But with sex crimes, the consequences are much more severe. Possible penalties are steep and the long-term impacts are great. Such charges must be fought aggressively.

Continue reading "Patriots Wide Receiver Edelman Charged with Sex Crime in Boston" »

The Enterprise News is reporting that four Bridgewater State students, two of whom are football players, are accused of operating a "drug house" operation off-campus.

Drug crimes in Bridgewater and throughout Massachusetts are serious charges as the government continues its war on drugs. Lawmakers have continually made penalties more extreme and in drug cases, police and prosecutors can often tack on many charges for a single episode.

In situations where investigators accuse people of operating a criminal enterprise out of their homes, Massachusetts criminal defense attorneys will look at fighting the legality of the search warrant. A search warrant is obtained by police officers and signed by a judge when they believe they have proof that a crime is going on inside a person's house or business.

While detectives may be able to obtain a search warrant, take evidence from a house and file criminal charges, success in challenging a search warrant often leads to a reduction or dismissal of charges.

If detectives misled the judge who signed the warrant by providing false facts or if they didn't quite know what they had at the time, a trial judge can nix the search warrant after the fact, which typically eliminates the evidence that was collected.

This is another reason to never make statements or admissions to police, as you never know what evidence will be in play at trial. If evidence is suppressed after motions by a defense attorney, but the defendant confessed, the prosecution could still attempt to go to trial. If there is no statement and no evidence, there is no case.

In the Bridgewater State case, Patrick McGirr, 20, of East Longmeadow, Tyler Trainor, 21, of Saugus, Eric Eldred, 21, of Methuen and Bradley Head, 21, of Ashby, were arrested. The state believes McGirr was the "ringleader" and he was held on $25,000 bail after an arraignment in Brockton District Court. Bail for the others was between $1,5000 and $2,500.

Police have alleged the group was selling drugs such as marijuana to cocaine and Perc30 out of their off-campus apartment. Police said they investigated for the last month before making the arrests.

Investigators stopped McGirr's vehicle recently after obtaining a search warrant for it. Detectives said they found one ounce of marijuana and 10 Oxycodone pills inside a hidden compartment. Police then searched the apartment and allegedly found cocaine, Oxycodone pills, marijuana, $7,000, a heat sealer, digital scale and other evidence the police believe were related to drug dealing.

The news article doesn't state why detectives searched the home after searching the vehicle. The Easton Journal reports that detectives had a search warrant for the apartment as well. The arrests were made by the WEB Task Force run by officers from Bridgewater, Bridgewater State University, East Bridgewater, West Bridgewater and Whitman.

Continue reading "Bridgewater College Students Accused of Operating Drug Ring" »