Massachusetts Criminal Defense Lawyer Blog

As a Massachusetts criminal lawyer, reports have surfaced that probation departments are reporting to ICE, Immigration and Custom Enforcement, that a defendant is a noncitizen when conducting probation intake interviews. Anyone charged with a criminal case must report to probation so that probation can determine if the person appearing in court is the same as named in the criminal charge and determine eligibility for appointment of counsel.

A defendant's citizenship status is irrelevant to any criminal charges before the court and should not be asked by the probation department as it violates SJC Rule 3:10, §9. Additionally, a defendant should not answer any questions regarding immigration status. Since immigration status is irrelevant during a probation interview, and is also inappropriate for the court to ask during a plea hearing, Massachusetts criminal attorneys should instruct their clients not to respond to this line of questioning as it would violate the Fifth Amendment privilege against self-incrimination.

A Brockton couple was recently arrested in Whitman and now face charges of drug distribution from the back of their minivan, according to the Taunton Daily Gazette.

Charges of drug distribution or drug sales in Stoughton can be serious and can increase in severity based on many factors. Among them are the quantity of drugs allegedly sold, what type of drug, where the drugs are being sold and if there are other factors that may be used by police to enhance the penalties, such as if children are present, guns are used or the deal occurs in close proximity to a school.

Stoughton criminal lawyers understand that the government has been fighting the "War on Drugs" for decades and lawmakers are continuously updating and increasing drug crime penalties. A good portion of the number of people in our state prison system are there because of drug offenses. In some cases, treatment in lieu or jail is an option. In other cases, challenging evidence and preparing a case for trial offer the best options for a successful outcome.

There are defenses to these crimes, just like any other crime. In cases where an informant is used by law enforcement, there may be witness credibility issues that arise. If police don't properly obtain a warrant to search a home or vehicle, evidence may be subjected to a suppression motion. Rules must be followed and if overzealous police officers break them, that could benefit the defendant.

In this case, the newspaper reports, police received a tip that a man was selling oxycodone out of his vehicle after he was convicted last year of a similar offense. Police obtained a search warrant for the Dodge Caravan and stopped him after he pulled into a restaurant's parking lot.

Police allege that the driver, 43-year-old Kevin J. Connor, tried to run off, throwing a bag of oxycodone pills worth $400 onto the ground as he ran. Detectives found more pills, cash and two cell phones in the vehicle.

Last year, he received a suspended jail sentence for dealing oxycodone. Tina Foye, 42, a passenger in the minivan and who lives with Connor, was also arrested. The WEB Major Crimes and Drug Task Force -- with officers from Whitman, West Bridgewater, East Bridgewater and Bridgewater -- made the arrests.

The group has sought out oxycodone arrests, making it a focus of investigations the last 18 months, an officer said. Oxycodone is similar to morphine in its effect.

Connor recently pleaded guilty to a charge of possession with intent to distribute oxycodone after police raided his apartment and found 30 pills, plus marijuana and cash. He was sentenced to 18 months in jail, but the sentence was suspended by a judge in Brockton District Court.

The news article doesn't make clear what charges the couple may face, though it implies Connor will face new charges of distribution of oxycodone. Charges for Foye, who was listed as a passenger in the minivan, are unclear.

For the passenger, who may have nothing to do with the drug sales, there may be a strong defense. For the driver, things may be different. But in a case such as this, the search warrant may be the most important factor. Finding out what officers based the affidavit for the search warrant on and how solid the information was will be key to fighting the initial stop and search.

Continue reading "Brockton Couple Accused of Making Drug Distribution out of Minivan" »

A teen from New York who attends Dean College in Franklin was recently arrested and charged with robbery and assault in Attleboro.

The juvenile pleaded not guilty to these serious college campus crimes in Wrentham District Court, the Boston Herald reports.

There are serious consequences if a young person is convicted. For a teen already in college, they could risk being suspended or completely kicked out of college. This can lead to a major hurdle in preparing for a future career or getting into another college or university.

In cases of robbery or other theft crimes in Massachusetts, police need to have substantial evidence to show the suspect stole from another. If they can't recover the stolen goods, that can be a big hit to their case.

In this case, 18-year-old Kirk Dudley of Staten Island faces up to 10 years in state prison if convicted of the charges. He was released on $2,000 cash bail and returned home, his Attleboro criminal defense attorney said.

The college has already expelled Dudley, who is accused of attacking a 19-year-old classmate. Dudley allegedly attacked the other teen, whom he thought had stolen a pair of sneakers. Eight other students are considered "suspects" by police in an ensuing fight. The college has expelled them, but the Herald isn't naming them.

The attack was caught on video tape, the newspaper reports. The sneakers were worth well over $200. The attack happened Dec. 2, but police didn't find out until nearly a week later, after a video allegedly showing the attack surfaced on the Internet.

According to the news article, the suspect verbally challenged the victim and then struck him several times with his fist. He then removed the expensive shoes from the alleged victim's feet and struck him with the shoes. Police believed the victim, who reportedly provided proof that he purchased the shoes in September.

The Massachusetts criminal lawyer says he plans to challenge the validity of that purchase and show that the shoes that were taken back from his client belonged to him.

As in any criminal case, there is much to be disputed. For one, the validity of the video will be key since police didn't find out about the alleged crime for a week. If the victim wanted to press charges, he should have reported the incident immediately. Determining whether the video was altered in any way could make a big difference in the case.

Prosecutors may also have problems showing that the property in question was stolen. Who owned the sneakers may be paramount to the case.

Continue reading "Dean College Student Pleads Not Guilty to Massachusetts Assault Charges in Sneaker Beating" »

Former Boston Bruins Coach and Hockey Analyst for NBC and Versus was charged with a Massachusetts assault and battery against an 12 year-old boy who was involved in a fight with his son during a hockey game. Milbury's criminal defense lawyer claims that Milbury broke up a fight between two players and did not strike, injure or threaten anyone. This was reported in the Boston Herald.

The Brookline police have secured video of the incident and have asked for any person in attendance who has video to turn the video over to the police department. It is very common for videos of alleged criminal activity to be recorded by someone present on a cell phone camera. Given the technology, these videos can be of very high quality and can result in a quick resolution of criminal charges. Clearly, the video tape evidence will be the key element in determining what occurred.

This week charges of Indecent Assault and Battery were dropped against Patriot's Receiver Julian Edelman after video tape of the incidence showed that the charges could not be proven in court.

Both the Milbury and Edelman case demonstrate that it is easy to have criminal charges in Massachusetts brought. Police can make an arrest and bring serious criminal charges based on the complaint of a victim even without having all of the evidence.

Based on the news account, it appears that Milbury would have a very defensible case at trial. if the case were to proceed to jury trial, it would be heard in the Dedham District Court as cases from Brookline are transferred to Dedham for trial.

A former Boston University hockey star and New York Islanders draft pick was recently charged with a sex crime in Boston.

This comes just weeks after our Boston criminal defense lawyer reported about New England Patriots wide receiver and special teams member Julian Edelman being charged with a sex crime in Boston as well.

Facing sex charges in Massachusetts can be a life-altering experience. It can lead, in the short term, to job loss, loss of reputation, time in jail, the cost of posting bail, family problems and other sanctions. In the long term, it can open up a person to prison time, probation, registration as a sex offender and other serious consequences and criminal penalties.

Corey Trivino, a 21-year-old native Canadian, was recently kicked off the Islanders after news surfaced of his arrest. He pleaded not guilty to two counts of breaking and entering in the nighttime and to a charge of assault with attempt to rape in Brighton District Court.

The hockey forward is charged with following a young woman to her room and forcing his way into the room, Fox News reports. According to police reports, when the girl told him to leave, he began kissing and groping her. He allegedly left and came back two more times. The last time, he demanded to spend the night and she called for help, forcing him to leave.

Boston University police later arrested him in the dorm's elevator and he said he lived with the girl. Police say he appeared intoxicated.

He was permanently removed from the hockey team's roster and was ordered to stay away from campus housing. The news article reports he surrendered his Canadian passport and is scheduled to appear back in court in January.

As with the Edelman case, this situation may come down to whether the "victim" is, in fact, a "victim." With athletes and celebrities, admirers may often involve themselves and then make unfair allegations.

In Trivino's case, he came to the woman's dorm room several times and she never felt threatened. Only after a third time of him coming over to her room did she call police. If there are no witnesses or roommates who heard shouting or some type of argument, it was probably safe to say she didn't really mind his company.

Not until the third time did she call for help and police made a determination that the alleged crimes had occurred. Obviously, hockey at BU is the biggest sport on campus, and their players are widely known. This can make for great fanfare for the student-athletes, but it can also lead to victimization because of their celebrity.

For the everyday person, a sex crime can be as devastating or worse. A job loss today is a major financial hit and without the means to get re-hired, it can be devastating. Not only that, but facing prison time and registry as a sex offender for a term of years can make anyone realize that fighting a sex crime is critical.

Continue reading "BU Hockey Star Charged With Sexual Assault in Boston" »

A Marlborough man is being held in connection with an alleged domestic violence incident involving his girlfriend, reports The MetroWest Daily News.

Charges of assault and battery in Westborough are typically filed by authorities in cases where there is some type of fight or domestic dispute. The severity of injuries sustained by the alleged victim goes a long way toward prosecutors determining what type of charge to bring.

This is a commonly filed charge in domestic assault and battery incidents in Massachusetts. And these charges, while somewhat common, can be some of the most difficult cases to bring for prosecutors. Massachusetts criminal defense lawyers have seen that many times, the charges come down to one person's word against another's, which can be tough for jurors to determine.

When police are called to a person's house after an alleged victim calls 911 to report a domestic incident, they have to make a snap judgement, based often on which person seems most credible, who is bigger and who has more scratches or bruises. This is a difficult task and many times, police take the stereotypical way out and choose the man as the suspect and the woman as victim.

Jason Cavooto, 36, is charged with assault and battery with a dangerous weapon, assault and battery and threatening to commit a crime, the newspaper reports. He is already facing charges of running a methamphetamine lab out of his shed and carrying a gun without a license. The case is being heard in Middlesex Superior Court.

In this case, a Marlborough District Court judge ordered him held without bail after it was discovered he had the open case in Middlesex Superior Court. Bail was initially $10,000.

According to the newspaper's account Cavooto's girlfriend told police that they were sitting with a friend at their house when she said something to him. He cussed at her and punched her in the arms and stomach, which caused her to throw up, she said. He allegedly backhanded her, which knocked her out.

Later that night, according to police, he punched her in the mouth and split her lip. He is accused of throwing her into the kitchen table, cutting her back and breaking a mirror. He also allegedly grabbed her by the throat and choked her the next morning. When he called the next day, he allegedly threatened her and while the phone was still connected, told a friend he was going to kill her.

In Massachusetts, in order to find a person guilty of assault and battery, the state has to prove three specific elements:

• That the defendant touched the person without having the right to do so


• That the defendant intended to touch the person


• That the touching either was likely to cause bodily harm or was done without consent

Continue reading "Marlborough Man Charged With Massachusets Domestic Assault and Battery" »

Two women from New York have been charged in a case of trying to use counterfeit bills to make purchases at Target stores in Plainville, North Attleboro, Seekonk and Connecticut.

Counterfeiting schemes could be considered larceny in Attleboro -- a form of theft. In most cases, suspects use fake bills in order to make purchases. Many times, these cases can be difficult for police to discover unless the cashier checks the bills on the spot. However, counterfeiting can also be a federal crime investigated by the U.S. Secret Service.

Trying to piece together video footage and witness testimony after the fact and link a person to the crime can be a tricky proposition for the police. While the technology behind the government's printing of dollars has gotten better in recent years, there are still people willing to try to literally print money.

For those who are arrested, an experienced Massachusetts defense attorney must be hired in order to investigate all the facts and look at the evidence police intend to use against the defendant. It may be possible, in some cases, for the evidence filed by police to be suppressed if rights were violated in the process. That happens only depending on the specific circumstances of the case, however.

In this case, The Sun-Chronicle reports, two woman were allegedly conducting a scheme where they would use counterfeit money to buy electronics at stores and then attempt to exchange them at other stores for the cash.

"They were doing some type of flim-flam, buying I-pods and I-pads at Target, using counterfeit money to buy them, and returning them to other Targets to get real money," said Plainville Police Sgt. Scott Gallerani.

According to the newspaper's report, several thousand dollars in counterfeit money were confiscated by officers. 24-year-old Iyanah Wright of Hempstead, New York, and 22-year-old Shannon Hoskins of Freeport, New York, have been arrested.

The newspaper reports that Wright was arrested after a foot pursuit in the parking lot of a Target store in Plainville. Hoskins was found by store security and held there. Both women now face charges of possession of counterfeit notes, receiving stolen property and conspiracy. Wright also faces a charge of resisting arrest and disorderly conduct.

According to police, detectives in Seekonk and North Attleboro are now investigating to see whether the women may be connected to alleged incidents there. Connecticut authorities may be, too. The women reportedly have open cases in New York of a similar situation.

There may also be a man who is involved as a "lookout" in connection with the incident. The women were set for an arraignment in Wrentham District Court.

Proving that the women knew the money to be counterfeited may be a challenge for police. The fact that they may have committed the crime in different areas has no bearing on these individual cases. If they are charged with committing the crime in Connecticut, an Attleboro jury likely won't know that. They must determine guilt based on the incident that allegedly happened in that area. That may be tough in this case.

Continue reading "Women Accused of Counterfeiting Scheme in Plainville, Massachusetts" »

The United States Supreme Court heard oral argument in the case of Perry v. New Hampshire, on November 2, 2011, addressing the issue of whether the due process clause is violated when an identification is suggestive through no fault of the police, or with no State action. The filings of the Perry case can be found on the Scotus Blog. As a Massachusetts criminal attorney, the Perry case represents an important effort to ensure the reliability of identification testimony.

Under the due process clause, the United States Supreme Court has held in several cases, that the Constitution is violated by suggestive identifications. In United States v. Wade, 388 U.S. 218 (1967), the Court stressed that suggestive identifications provide a special problem for the criminal justice system. Modern day research and studies have demonstrated the problems with suggestive identification leading to wrongful convictions. The Innocence Project reports that suggestive identifications are the leading cause of wrongful convictions.

In the Perry case, the New Hampshire Court required the defendant to show that there was improper state action that led to the suggestive identification. In the Perry case, the identification testimony resulted when the victim came to the scene of the crime and saw the defendant speaking to another police officer. Unlike a case where the police conduct a line up or take a defendant to a victim and say is this the guy, in this case, the argument of the State was that there was no State action to create a suggestive identification to constitute a violation of due process.

The defense claimed that the witness could not identify the defendant from her window where she claims that she witnessed the crime, but only made the identification when she saw the defendant with the police officer, which the defense classified as an accidental show up.

At the oral argument, Justice Scalia pressed the defense counsel on the issue that unreliable identification testimony presents no greater problem than any other unreliable evidence and that if the court accepted the defendant's position would expand Constitutional challenges to all unreliable evidence. Scalia suggested that the Court did not mean that eyewitness evidence is unique as stated in prior decisions. You can click here to listen to the oral argument. From the oral argument, it did not appear as though there was strong support on the Court for the defendant's due process challenge to the identification.

Even if the United States Supreme Court rejects the due process challenge in Perry, as a Massachusetts criminal lawyer a defense attorney should still make a Perry type challenge under Article 12 of the Declaration of Rights.

As an Attleboro criminal lawyer, defending probation violations involves determining whether probation can establish a violation and arguing for an appropriate sentence on the violation before the court. In a recent case, an Attleboro District Court judge sentenced Bruce Toombs to 18 months for a probation violation. This is according to a report from the Attleboro Sun newspaper. It appears that the court imposed the balance of an 18 month suspended jail sentence that Toombs received as part of a plea agreement on a Massachusetts drug charge.

A Massachusetts probation violation hearing occurs when an individual on probation picks up new criminal charges or does not comply with the technical conditions of probation. Technical violations of probation include not paying court fees, not meeting with probation and not completing the conditions of probation such as a drug, alcohol program or domestic violation program as a condition of probation.

In the recent Attleboro case, the Attleboro criminal lawyer asked the court continue the defendant on the same terms and condition of probation despite the violation. The probation department sought an 18 month committed sentence which was accepted by the judge. A probation violation hearing provides a defendant with a very limited set of rights. If a judge finds a violation, the judge then imposes sentence and can sentence a defendant up to the maximum sentence on the charge for which probation was ordered.

In some cases, the probation department will rely on the police report or testimony of the probation officer to establish a violation. In other cases, the probation department will have to call live witnesses to establish a violation of probation. The probation department can only rely on a police report when it is considered to be reliable hearsay under the case of Commonwealth v. Durling, 407 Mass. 108 (1990).

Continue reading "Attleboro probation violation hearing results in eighteen month jail sentence" »