Massachusetts Criminal Defense Lawyer Blog

A corrections officer at Walpole State Prison is facing Massachusetts child pornography charges in Uxbridge District Court, according to the Telegram and Gazette.

the corrections officer pleaded not guilty to charges of dissemination of obscene matter and possession of child pornography. Bail was set at $5,000 and he was ordered to stay away from children and to not possess a computer. He was arrested in the Millbury State Police barracks after a two-month investigation by state and Blackstone police.

Under Massachusetts law Ch. 272 Sec. 29B), disseminating child pornography is punishable by 10 to 20 years in prison. Of additional concern in an increasing number of sex crimes are the post-release conditions, which can include sex-offender reporting and restrictions on employment and living arrangements. A Massachusetts criminal defense lawyer experienced in defending clients against sex crimes should always be contacted in such cases.

Frequently, a defendant is tempted to plead guilty and put an embarrassing episode behind him. But a sex-crimes conviction can impact the rest of a defendant's life and include restrictions that make it impossible to hold certain jobs or even visit a park or community swimming pool. The defendant in this case has not even been convicted of a crime and he is already forbidden from using a computer. Many people may not even be able to work, let alone lead a normal life, without using a computer in today's world.

A state trooper reported investigating four tips from the CyberTipline for the National Center for Missing and Exploited Children. The defendant is accused of receiving an alleged child pornography image in 2002 and of e-mailing three files containing images of what authorities believe are three naked girls under the age of 14.

A Department of Correction spokesperson said the defendant has been suspended with pay pending an investigation and the outcome of court proceedings.

This case illustrates how aggressively authorities pursue child pornography complaints. For innocent defendants, the results can be devastating. More than in many other types of criminal cases, it is important to mount an aggressive defense of a person's reputation as well as a courtroom defense. Many times, damage to a reputation may result even if the charges are never proven. In this case, the defendant is alleged to have received an image eight years ago and sent three photos by e-mail of girls authorities believe might be underage. As a result, he has been arrested, suspended from his job and made the local newspaper.

In such cases, the best defense is an aggressive offense.

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A 28-year-old man has pleaded guilty to a Massachusetts sexual assault charge involving a teenage girl in Framingham, the MetroWest Daily News reported.

Franklin Ramirez, 28, also pleaded guilt to disorderly conduct and giving a fake name to police. A Framingham District Court judge sentenced him to nine-months in the Middlesex County House of Corrections with credit for 136 days served.

Prosecutors report that the 15-year-old girl claimed she had been sexually assaulted in June 2008. She said she was riding her bike when approached by Ramirez, whom she knew, and two other men. She allowed the men to come to her apartment. She reported she was then lured to the bedroom by Ramirez, where he began to sexually assault her before she broke away, ran from the apartment and called police.

Ramirez was initially charged with indecent assault and battery on a person older than 14, kidnapping, and assault with intent to rape. The other charges resulted from an April arrest in which Ramirez was accused of crashing a baby shower, where he started dancing with young girls despite being ordered to leave.

Continue reading "Man sentenced to jail in Framingham sexual assault case involving teenager" »

A former girls soccer coach from Duxbury is headed to prison on a Massachusetts rape charge after being convicted of raping one of his 15-year-old players, the Patriot Ledger reported.

Jose Arana was sentenced to 8 to 10 years for rape of a child with force, followed by 2.5 years of probation for two counts of indecent assault and battery of a child over the age of 14. Under Massachusetts Law (Ch. 265 Sec. 22A) rape of a child by force is punishable by up to life in prison. In this case, prosecutors had asked for a sentence of 10 to 12 years.

Sex crimes always require an experienced Massachusetts criminal defense lawyer, not only because of the complexity of such cases, but because post-conviction reporting requirements can often get a defendant back in trouble with the law long after a sentence has been served. In this case, the defendant will be required to wear a GPS tracking device, must complete a sex offender treatment program, and can have no contact with the victim or a child under 16.

This case was also complicated by a previous trial in which the defendant was convicted. That conviction was overturned because the judge permitted too much second-hand testimony.

The former coach at Notre Dame Academy in Hingham was initially charged with sexually assaulting two sisters who were at his home for a sleepover with his daughter in 2004. The older sister had played on the soccer team he had coached and was 15 at the time. The trial lasted for a week and the jury issued its verdict after about six hours of deliberation.

He had been previously convicted but was out of jail since last year, when the Supreme Judicial Court threw out his 2007 conviction, citing too much second-hand testimony. He will get credit for time served on his previous 11 to 17 year prison sentence.

He had initially faced more than a dozen charges. But the prosecutor dropped some of the charges during the first trial, the judge dismissed others and the jury found him not guilty of some of the charges.

Continue reading "Man convicted of Massachusetts rape charge involving 15-year-old student" »

The Taunton Daily Gazette reports that a Massachusetts Cub Scout volunteer is facing child pornography charges.

Christopher Roy, 37, a Cub Scout volunteer who was seeking to become a Cub Scout leader, was arrested at his home on June 16. The United States District Attorney for Northern Texas reports that federal Immigration and Customs Enforcement officials have placed Roy on a watch list of people suspected of purchasing memberships to child pornography websites. On June 12, agents screened his bag at Dallas-Fort Worth International Airport and found what they believed were several child-pornography videos downloaded from the Internet. He had been returning from a trip to Aguascalientes, Mexico.

Roy is in custody pending a detention hearing next week in U.S. District Court in Massachusetts. Possession of child pornography carries a sentence of 10 years in prison and a $250,000 fine as well as lifetime supervision upon release.

Child pornography charges are very serious and should always be handled by a Massachusetts criminal defense attorney. In this case, the Scouts are busy distancing themselves from Roy. A local director said Roy is now forbidden from having any contact with scouting. He also said that Roy had never submitted paperwork to be a scout leader. However, Roy was a volunteer and is listed as "committee chairman" on a website for Middleboro Cub Scout Pack 96. The spokesperson said the website is not official and that Roy was not a committee chairman but had been working toward that goal.

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Lawrence Taylor, a Hall of Fame former linebacker for the New York Giants, faces rape and prostitution charges in a case reportedly involving a 16-year-old girl, CNN reported.

Here in Boston, the Massachusetts law dealing with inducing a child under 18 to have sexual intercourse, mandates a prison sentence of not more than 3 years if the child is over 16. The Massachusetts Statutory Rape Law applies to children under 16, and carries a penalty of up to life in prison. The law applies to defendants in cases where a child is under 12 and there is more than 5 years age difference between the victim and defendant or when a child is 12 to 16 years of age and there is more than a 10-year age difference. Anyone facing a Massachusetts statutory rape charge should consult with an experienced criminal defense attorney.

In this case, Taylor, 51, was charged with third-degree felony rape in New York, for allegedly engaging in sexual intercourse with someone younger than 17, as well as third-degree patronization for allegedly paying the underage girl $300 to have sex, according to authorities. The rape charge carries a penalty of up to 4 years in prison while the patronizing charge is a misdemeanor with a maximum penalty of one year in jail.

Taylor's attorney said the 10-time All-Pro linebacker denies the charges and will fight them. Taylor appeared in court, where he was not required to enter a plea, and was freed after posting $75,000 bail.

Taylor was arrested in a Holiday Inn hotel room in Ramapo New York, about 30 miles northwest of New York City.

During his pro football career, from 1981 to 1993, Taylor was one of the most punishing tacklers and pass rushers in the game. Known as "L.T.," he was a member of two Super Bowl championship teams. He was twice suspended from the NFL for substance abuse violations during a well-chronicled battle with cocaine addiction. Most recently, he appeared as a contestant on ABC's "Dancing with the Stars."

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Foxboro police kept busy Saturday, arresting four people in three separate incidents involving a variety of crimes, including Massachusetts drug possession and lewdness, the Sun Chronicle reported.

One arrest was at 10 a.m. on Central Street on charges of driving with a suspended license. Police allege that the suspect gave a false name to the police.

Twenty minutes later, police responded to the Comfort Inn on Fisher Street after a report of a suspicious individual. The police made two arrests for possession of a Class A drug.

Shortly after 3 p.m., police made an arrest at Patriot Place after a individual was accused of exposing himself to at least two female victims, police reported. The arrest came after police responded to a suspicious person reported in the area of the Victoria's Secret shop in the outdoor mall.

After interviewing several females, an officer arrested the defendant on charges of open and gross lewdness.

Continue reading "Massachusetts drug charges among arrests in Foxboro" »

A former special education teacher in Quincy public schools has pleaded guilty to sex charges in Plymouth Superior Court, the Patriot Ledger reported.

A Quincy, Massachusetts defense lawyer experienced in handling Massachusetts sex crimes should represent anyone facing allegations of sexually assaulting a child in Massachusetts.

In this case, the defendant pleaded guilty to charges of indecent assault and battery on a child under 14, providing obscene material to a child, and possession of child pornography. He was sentenced to 2 1/2 years in prison, followed by 5 years of probation. Each of the charges carried a maximum sentence of 2 years; no more than a 10-year sentence could have been imposed on the sexual assault charge.

The girl was 9-years-old at the time of the abuse. The charges accused the defendant of inviting the girl to an upstairs office at his home in Halifax, where he forced her to touch him while pornography played on the television, according to the Patriot Ledger. Prosecutors said the abuse happened on several occasions between 2006 and 2007.

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A 33-year-old former teacher at Abby Kelley Foster Charter Public School has been sentenced to jail after being found guilty of sexually assaulting an 8-year-old student, the Worcester Telegram reported.

A Worcester defense lawyer experienced in fighting for the rights of clients charged with Massachusetts sex crimes should be called to defend anyone facing sexual assault charges in Central District Court. Sex crimes, particularly allegations of sex crimes involving children in Massachusetts, can be devastating and can result in serious jail time, job loss and loss of reputation.

In this case, the defendant was found guilty of indecent assault and battery on a child after a jury trial. The six-member jury found that the defendant touched the girl in an inappropriate manner in a classroom in September 2002. The defendant taught at the school from 1999 to 2003.

The Webster man was sentenced to 2 1/2 years in prison and must serve six months of the sentence. The balance will be suspended for five years of probation. As a condition of probation, the defendant is allowed to have no contact with the victim or her family and no contact with children under 16.

He also must register as a sex offender, obtain sex offender counseling and submit to electronic monitoring. Charges remain pending against the defendant, accusing him of three counts of indecent assault and battery. Those charges allege he had inappropriate contact with three other students at the school. Those cases have been continued until March 2.

Still pending against Mr. Soule are three additional counts of indecent assault and battery on a child involving three other alleged victims who were students of his at the school. Those cases have been continued to March 2.

The defendant had been working as an instructional assistant at the Seven Hills Charter Public School until he was arraigned on the charges April 13. The school has since placed him on leave and banned him from school property.

Continue reading "Former teacher found guilty of Massachusetts sex charges in Worcester" »

The Massachusetts Supreme Judicial Court overturned a defendant's conviction for attempting to disseminate matter harmful to a minor under Massachusetts General Laws Chapter 272 Section 28 and 31. The defendant was charged with a Massachusetts sex crime that would require him to have to register as a sex offender.

The case arose out of an effort to uncover online crimes involving child pornography and child enticement. As part of the investigation, an undercover police officer set up a fake online screen name and profile, pretending to be a 13 year-old, eighth grade student. The screen account that was set up, encouraged users to make contact through instant messaging.

The defendant was found guilty of having attempted to disseminate harmful matter to a minor as a result of the content of his instant messages. He was convicted and sentence to one year in prison according to the Boston Herald.

The Massachusetts Supreme Judicial Court, vacated his conviction on the grounds that the statute he was convicted under did not define instant messaging as matter as defined in the statute. The SJC emphasized that "matter" is defined by the statute as any handwritten or printed material, visual representation, live performance or sound recording, including but not limited to books, magazines, motion picture films, pamphlets, pictures, figures, statues, plays, dances. Within this definition, online conversations were not included by the legislature. The court held that because the statute was a criminal statute, the court would have to construe the statute strictly in favor of the defendant. Applying this legal principle, the court held that the defendants' conduct did not fall within the conducted prohibited by the statute and vacated the conviction.

While the court acknowledged that the legislative intent would have been to criminalize the defendant's conduct, the court stressed that it could not expand the intent of the statute and called on the legislature to amend the statute to criminalize the defendant's conduct.

In this case, the Massachusetts criminal lawyer did a skillful job of preserving the issue of the language of the statute for appeal to ultimately prevail in what was clearly a difficult case to defend.

Continue reading "Court overturns Massachusetts internet sex crime conviction" »

A 47-year-old South Boston man is in jail on $100,000 bail for Massachusetts child pornography charges, including one count of possession of child pornography and one count of distributing child pornography.

A Boston defense lawyer experienced in handling Massachusetts Internet pornography charges and child pornography charges should be called to represent anyone charged with a Massachusetts sex crime. In particular, Internet pornography charges are becoming far more common, as are cases where another computer user, or even a computer virus, is found to be responsible for the images.

In this case, the Boston Herald reported that investigators uncovered one of the world's largest child-porn collections, depicting girls as young as 5 or 6 years old having sex with men. Authorities allegedly found 16,000 child porn files on file-sharing software contained on the defendant's computer.

The defendant, who is the father of five adult children, reportedly made a confession to officers but he pleaded not guilty to both counts at his arraignment in South Boston District Court. His defense attorney called the technology investigators use to track Internet pornography "flawed," and said the number of files had no relevance to the case at all.

The investigation began after an alert from Pennsylvania authorities that the defendant could be sharing files containing child pornography.

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A Hopedale man is facing a Massachusetts Indecent Assault and Battery charge on a child under the age of 14, accosting or annoying a person of the opposite sex and assault and battery after being arrested by Hopedale police, according to the Milford Daily News.

A Milford defense attorney experienced in handling sex crimes in Massachusetts should defend anyone facing a sex crime in Milford District Court.

Arrest of the 50-year-old Fieldstone Way man followed a two-week investigation by the Hopedale Police Departement. The Worcester District Attorney Child Abuse Unit notified police on Dec. 17 of an incident involving indecent assault and battery of a child under the age of 14.

The Worcester District Attorney's office said the report came from a Hopedale school employee. Police said the incident occurred Dec. 12 but released no other details.

The defendant was arraigned this week in Milford District Court and released on personal recognizance. A pre-trial is set for early next month.

An experienced Milford defense attorney can work on behalf of clients charged with DUI or other serious traffic or criminal offenses, including Massachusetts sex crimes, in Milford District Court. Through pre-trial conferences with prosecutors, a Milford defense lawyer will be able to take a look at the state's case and work with clients to achieve the best outcome possible in their case.

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A 22-year-old registered sex offender is being held on $1 million cash bail after he was arrested Tuesday night on a warrant listing three counts of aggravated felonious assault, the Milford Daily News reported.

Assault on a child is a very serious allegation. In this case the allegation goes back 7 years and the case is complicated by the defendant's previous conviction for a sex crime and the fact that the alleged crime occurred in New Hampshire. A Milford defense attorney experienced in representing clients charged with Massachusetts sex crimes would also consider the fact that the alleged crime took place prior to the defendant's 2007 conviction and entry into the sex offender registry.

The Douglas man was arrested shortly before 8:30 p.m. after being pulled over by police. The warrant was issued by the juvenile unit of the Manchester, N.H. Police Department and involve an alleged incident seven years ago regarding the sexual assault of a child under the age of 13, according to the Daily News.

The man was convicted in 2007 of indecent assault and battery on a child under the age of 14, according to the Massachusetts Sex Offender Registry. He is scheduled to appear in Milford District Court.

Following his Massachusetts court appearance, Manchester Police said the defendant will likely be taken to New Hampshire to answer the charges there. If found guilty, he could face a 10- to 20-year sentence, according to the Daily News.

Continue reading "Convicted sex offender arrested in Milford on a 7-year-old, out-of-state sex charge " »