Massachusetts Criminal Defense Lawyer Blog

The U.S. Supreme Court continues to chip away at the Miranda warning, dialing back the landmark protections afforded criminal defendants since the 1960s, the Associated Press reported.

What is important for a defendant to remember is simply this: Never speak to authorities as the suspect in a criminal investigation without the physical presence of a Massachusetts criminal defense lawyer. There is absolutely nothing to be gained form it. You are not going to talk your way out of charges. And, all too frequently, the statements you make are going to be some of the strongest evidence used against you in court.

If you keep that in mind, changes to Miranda won't impact your rights as the high court continues to water down what has become a defendant's most basic right over the last four decades.

"It's death by a thousand cuts," said Jeffrey Fisher, co-chair of the National Association of Criminal Defense Lawyers. "For the past 20-25 years, as the court has turned more conservative on law and order issues, it has been whittling away at Miranda and doing everything it can to ease the admissibility of confessions that police wriggle out of suspects."

The original ruling was issued in 1966 and emerged from police questioning of Ernesto Miranda in a rape and kidnapping case in Phoenix. Perhaps the court's most famous ruling, it requires suspects to be told that they have the right to remain silent, that they have the right to an attorney, and that an attorney will be provided if they cannot afford one.

A trio of decisions issued this year have pruned back some of those rights. The court approved a warning used in parts of Florida that did not notify defendants of their right to an attorney during police questioning. In a separate ruling, the court found that Miranda rights are good for a period of 14 days after a defendant is released from custody. Previously, an assertion of Miranda rights was good forever. Now police can attempt to re-question a suspect after a period of 14 days, even if they asserted their right to remain silent or to have an attorney present. This has increasingly become an issue in cold-case homicide investigations, where law enforcement felt they were hampered by a suspect who asserted his rights decades ago.

Lastly, the court has ruled that a suspect must overtly respond in asserting the "right to remain silent," just as they must tell police that they wish to have a lawyer present.

At least Justia Sonia Sotomayor found the irony.

"Criminal suspects must now unambiguously invoke their right to remain silent -- which counter intuitively requires them to speak," she said. "At the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so."

Continue reading "Miranda warning and right to remain silent without presence of a Massachusetts criminal defense lawyer" »

Closing two Plymouth County district courthouses will cost far more than it saves, the Enterprise News reported. The courthouses in Wareham and Hingham are among five that the state Trial Court may close in an attempt to erase a $21 million budget deficit.

Prosecutors, Brockton defense lawyers and other advocates say the closures would cost far more in police overtime and travel costs and would also bog down court operations.

The plan calls for the Wareham District Court operations to move to Plymouth District Court and Hingham District Court operations to move to Brockton District Court.

Stoughton District Court would stay open but the Norfolk Juvenile Court in Dedham would be moved to Stoughton. Several public hearings on the plans are scheduled for the coming days.

Stoughton Criminal Defense Attorney Michael DelSignore opposes any move to close the Stoughton court as it is vital that the court remain easily accessible to victims, defendants and witnesses who must attend court hearings.

Hearings are set for 5 p.m. Thursday at the Brockton District Courthouse, 215 Main St. Another hearing will be held Aug. 18 at Plymouth Trial Court.

Courthouse closures are likely to be a significant issue moving forward as the state looks for ways to save money. Communities left without a courthouse will be faced with the significant inconvenience and expense of traveling to a neighboring court. The South Shore police chief estimates that closure of the Hingham courthouse would cost an additional $67,000 in police overtime and other costs. The chief in Middleboro also expects significantly higher costs.

Lost jobs in closing courthouses and longer lines on both the civil and criminal side of courthouses that remain open would also result from any significant effort at consolidation.

Continue reading "Court consolidations in Plymouth, Brockton and Stoughton could impact court services" »

The Governor signed a measure into law on Friday that is aimed at making it easier for those accused or convicted of a crime to find employment, News 22 reported.

The Criminal Offender Record Information (CORI) reform will ensure that a person's criminal record does not include crimes for which they are accused but never convicted. The distinction makes it more important than ever to seek out the quality representation of a Massachusetts criminal defense lawyer.

Lawmakers who voted for the measure hope it will better allow defendants to put a matter behind them in cases where they are not convicted. "This is an opportunity for people who do not have an extensive or heinous crime on their record to get back in the workforce, be productive members of society," said Western Massachusetts Representative Brian Ashe.

Criminal convictions will also appear on your record for a shorter length of time: felony convictions will appear for 10 years from the date of release, down from 15 years; misdemeanor convictions will be sealed five years after your release, down from 10 years.

Murder and sex offense convictions remain in the system permanently.

And job applications will no longer be allowed to include a question about felony convictions during the initial, or first-level, screening process.

Continue reading "Expunging Massachusetts criminal records allowed by new Massachusetts law " »

A flag football match that ended in a double stabbing has led to attempted murder charges in Fall River, according to the Taunton Gazette.

Justin S. Farland, 20, was arrested Wednesday night and charged with two counts of assault with a dangerous weapon and two counts of attempted murder. Farland is being held in the Bristol County House of Correction on $50,000 bail. Erika DeSousa, 20, was released on $5,000 bail and is charged with four counts of being an accessory after the fact. Farland is accused of stabbing two victims at Teamworks, an indoor sports facility on Lees River Avenue, and handing the knife to DeSousa.

The charges against DeSousa illustrate how friends of someone accused of a crime can also face criminal charges. Such charges result when authorities allege a friend was involved in a crime in any way. It is likely that authorities hope charging her will induce her to cooperate and testify against Farland. The pair should consult an experienced Fall River criminal defense attorney right away.

The fight broke out between the Fall River Beavers and the Taunton Terrors and sent two men to the hospital with stab wounds. Both men were transported to Rhode Island Hospital, where one was treated for wounds to the lungs and liver and the other suffered a punctured lung.

Police report that Farland fled in a white van and was picked up shortly after the incident. He was released a few hours later because of a lack of evidence. Police report they interviewed more than 30 people and watched videotape taken by Teamworks management. They contend that the tapes show Farland coming off the bench to join a 20-man brawl that erupted with about eight minutes left in the game.

Investigators say videotape shows him fleeing the building and putting the knife in a car driven by DeSousa. The knife has not been found.

Continue reading "Fall River attempted murder charges filed after stabbing at flag-football game" »

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 " »

A Fall River, Massachusetts teenager is facing attempted murder charges and a dangerousness hearing after being accused of stabbing his girlfriend's brother multiple times, the Herald News reported.

Bail was refused at the request of prosecutors during his arraignment. A Fall River criminal defense attorney will need to represent him at a dangerousness hearing, set for March 31. A defense attorney argued at arraignment that multiple people were involved in the fight and no knife had been found.

Police were called shortly before 9:30 p.m. Thursday after several reports of a dozen young men and women fighting in the parking lot at 870 North Main St. While the fight was over when the first officers arrived, there was blood on the parking lot amid a crowd of teenagers.

Moments later, a 19-year-old called from a different location and police found him with knife wounds to his head, back and hands. The man told police his 15-year-old sister had been knocked down and kicked by the defendant, who is reportedly her boyfriend. He said knife wounds resulted form the ensuing fight.

After a radio bulletin seeking the defendant, he was located a short time later by Massachusetts State Troopers and was arrested and identified as the suspect in the stabbing, according to police reports.

Continue reading "Fall River teen faces attempted murder charge, dangerousness hearing in Fall River district court" »

John Rooney of Randoph was arraigned in Stoughton District Court last Monday on the murder of Georgios Kontsas, 78, according to the Boston Herald. In addition to the pending murder charge, Rooney is also accused of stabbing Kontsas' wife, Dorothea.
Prosecutors say that it was Dorothea's description of the man who killed her husband, and of the man's SUV that led police to Rooney. Ronney's Massachusetts criminal defense lawyer waived argument on bail and set the matter down for a probable cause hearing as the case will be indicted and brought to the superior court.

At around 10 a.m. on Saturday, February 27th, a thin, dirty-blond haired man knocked on the door of the Kontsas' home. Dorothea told police that she recalled seeing a small green SUV outside of her home around the same time. When Dorothea opened the door, the man handed her an envelope addressed to her son and immediately stepped into the couple's foyer while saying "Give me the money, give me the money."

The man then stabbed Georgios and his wife using a knife with a 12-inch serrated blade. Assistant District Attorney Brian Wilson said that Georgios died on the scene while his wife, who had sustained several stab wounds including one to the neck, escaped to a neighbor's house where the police were called.

Based on the description given by Dorothea, police went to Rooney's home where they found a small, green SUV with blood stains inside. Other evidence recovered included two folded envelopes contained inside the envelope the man handed to Dorothea, one of which contained a fingerprint belonging to Rooney.
In addition to the charge of murder, Rooney is also charged with assault on a person over the age of 60 with the intent to murder, home invasion, armed assault in a dwelling as well as assault and battery on a person over 60.

Continue reading "Stoughton, Massachusetts police bring murder charges in stabbing case" »

As a Massachusetts drug possession lawyer, I was troubled to read a March 5 report in the Providence Journal that detailed the arrest of three Providence police officers in a drug sting. After conducting a four-month undercover investigation relying on an informant, wiretaps, vehicle tracking devices, and photographs, the state police and FBI determined that the three officers were involved with a drug ring. Along with the officers, three other people were arrested and more may be sought as "persons of interest." One officer was released on personal recognizance prior to arraignment, while the other five people arrested spent the night in jail.

Providence narcotics detective Joseph Colanduono, 44, helped to sell cocaine. In addition to his duties for the city, Colanduono was assigned to work with the federal Drug Enforcement Administration. Gonsalves, a former driver for Providence Mayor David N. Cicilline., used cocaine himself and solicited others to commit crimes. Gonsalves and Colanduono had both received honors for their police work in the past. Cocaine, crack cocaine, marijuana, $9000 in cash, and a loaded gun were seized in police searches connected with the officers' arrest.

Cicilline said that the officers' arrest will have "very serious consequences. Good law enforcement relies on the public's trust and confidence in the Police Department and, any time a police officer engages in this kind of behavior, that trust and confidence is undermined." Cicilline wants tests and has within the Police Department.

As a Massachusetts drug possession attorney, I am all too aware of the serious penalties for anyone convicted in Massachusetts (and Rhode Island) of the offenses that these officers are charged with. Anyone charged with drug possession or distribution needs zealous representation by an experienced Massachusetts criminal defense attorney like Attorney Michael DelSignore. Attorney DelSignore may be able to successfully defend those charged with drug offenses by getting improperly collected evidence and unconstitutional testimony excluded.

Continue reading "Providence Police Officers Arrested in Drug Sting" »