Boston Criminal Lawyer Blog

A Boston Municipal Court judge has dropped the assault and battery with a dangerous weapon charges against Massachusetts State Trooper Joseph Boike for his involvement in a Hub bar brawl with a software engineer and two football players from Boston College in August.

Boike has been a Massachusetts trooper for 20 years. He must still contend with assault charges, but can now be reinstated to the police force now that the felony charge has been tossed out.

Boike is accused of hitting Sean Maney with a bottle during the fight. He was suspended without pay for nearly four months. He was also accused of assault and battery on Christy Osbourne, the girlfriend of Maney’s brother.

Maney also faces charges related to the brawl. The two BC football players, co-captain and offensive linesman Gosder Cherilus and cornerback DeJuan Tribble, were also charged with assaulting Maney. Maney’s neck was broken in the fight. He also sustained other injuries.

Boike is part owner of the Greatest Bar, which is the location where the fight took place.

Felony V. Misdemeaonor
A felony is a more serious charge than a misdemeanor charge. The penalty for a felony conviction is usually tougher. A person may be charged with committing both if the case is very serious. A person can be charged with more than one felony crime and more than one misdemeanor crime at a time. Crimes that can be charged as either a felony crime or a misdemeanor crime—depending on the specifics of the case—are called “wobblers.”

Conviction for a felony crime typically leads to more than one year in prison.

Under the Massachusetts General Laws, Chapter 274, Section 1:

Section 1. A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.

Whether you are arrested on a felony charge or a misdemeanor charge anywhere in the Boston area, you should hire an experienced Boston criminal defense team to represent you. Your lawyer may be able to get the charges against you dropped or reduced. You have a right to a proper defense by a Massachusetts criminal defense law firm that is on your side.

Boston College football players charged with assault, USA Today.com

Judge drops felony charges vs. trooper in Hub bar brawl, Boston Herald, December 27, 2007

Massachusetts General Laws - Felonies, Accessories and Attempts to Commit Crimes - Chapter 274, Section, 1, The General Laws of Massachusetts

Related Web Resource:
Chapter 265: Section 15A. Assault and battery with dangerous weapon; victim sixty or older; punishment; subsequent offenses, The General Laws of Massachusetts

Continue reading "Judge Tosses Out Felony Charges Against Massachusetts State Trooper In Bar Fight with Two Boston College Football Players" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery

Bookmark:

The Massachusetts Turnpike Authority reportedly set a $2.3 million Dig speeding ticket goal for next year—that’s $1.7 million more than 2007. Motorists in the Boston area are expected to be hardest hit by this new target mark, which came about after the Big Dig Tunnel’s collapse, which deplete trooper resources as police officers were forced away from the task of catching speeding motorists while they monitored reconstruction efforts.

To fulfill this goal, radar enforcement will be emphasized.

Across Massachusetts, The turnpike anticipates $5.8 million in speeding ticket revenue for 2008. Revenue for speeding tickets in Massachusetts this year was at $4.6 million.

If you are issued a speeding ticket anywhere in Massachusetts, you should speak with an experienced Massachusetts traffic violations attorney about your case.

Not only will you be ordered to pay a speeding fine, but a speeding ticket can increase your insurance premium. A traffic violations lawyer can help you fight the offense—especially if this is your second or third violation.

The General Laws of Massachusetts:

Chapter 90: Section 17. Speed limits

No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public.

In Massachusetts, the state and auto insurance companies work together to set insurance rates. A traffic ticket immediately results in insurance surcharges. In order to eliminate these surcharges, you cannot get another ticket for at least three years.

Massachusetts State Police Goal: $1.2 Million More Speeding Tickets, The Newspaper.com, December 19, 2007

Troopers target speeders to replenish Pike coffers, BostonHerald.com, December 18, 2007

Chapter 90: Section 17. Speed limits, General Laws of Massachusetts

Related Web Resources:

It pays to avoid a speeding ticket -- or fight one, MSN.com

Massachusetts Registry of Motor Vehicles

Continue reading "Massachusetts State Police Ordered to Issue $1.2 Million More in Speeding Tickets Next Year" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Traffic Violations

Bookmark:

US States are reconsidering and, in certain instances, retooling juvenile sentencing laws in regards to whether it makes sense to charge juveniles as adults.

Not only are there less incidents of juvenile crimes now than 20 years ago, but some states are responding to new information about the adolescent brain, as well as studies that reveal how teenagers sent to adult courts end up getting into trouble more often and are convicted of more serious offenses than other adolescents.

Some of the issues being addressed include reconsidering whether it makes sense to convict any teenager of life without parole and raising the age limit of kids who are eligible to go to juvenile court.

About 200,000 juvenile defendants (under 18 years of age) are sent to adult criminal court. A lot of them bypass or are transferred from the juvenile system because their states’ laws define them as adults and the type of crime they committed.

The harsher sentences for juveniles were implemented in the late ‘80’s and early ‘90’s following an increase of murders and other violent crimes by kids. From 1994 to 2005, however, the rate of arrest for juvenile violent crimes had dropped by 46%.

In Massachusetts, a juvenile can be prosecuted through three kinds of cases:

1) Delinquency cases: The youth is prosecuted in juvenile court and the maximum punishment is commitment to Massachusetts’s Department of Youth Services (DYS) until the age of 18.

2) Youthful Offender cases: Teenager, ages 14-17, can be prosecuted as a Youthful Offender if they committed a felony and a) are already committed to the DYS, b) are charged with a firearm offense, or c) are charged with a crime involving the threat or infliction of physical harm. Adult prison sentences, a DYS commitment until age 21, or a combination of both may result.

3) Murder cases: 14-17 year olds charged with murder are prosecuted in adult Superior Court.

States Rethink Charging Kids as Adults, ABC, December 2, 2007

Youth Advocacy Project

Related Web Resources:

Juvenile Justice Program, Mass.gov

Massachusetts Department of Youth Services

Continue reading "US States Reevaluate Whether Kids Should Be Charged As Adults for Crimes" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Juvenile Crimes

Bookmark:

In a unanimous decision, the U.S. Sentencing Commission wants to retroactively reduce the prison sentences of approximately 19,500 federal inmates convicted of crack cocaine charges.

The decision is intended to lighten sentences retroactively for certain crimes related to crack cocaine and narrow the disparity between sentences for cocaine powder and crack cocaine. Crack cocaine was previously thought to be more dangerous. The U.S. sentencing commission recently reduced the sentences for crack cocaine possession, effective November 1. Under the Sentencing Act of 1984, lowering the penalties for a crime is retroactive.

86% o the 19,500 prisoners serving sentences for crack cocaine convictions are black.

Some 3,800 prisoners could be released within one year of the March 3 effective date, which will give prison officials and judges time to handle a number of issues, including public safety. In Massachusetts, 91 inmates convicted of crack cocaine may find their requests for reduced sentences granted. The decision on whether to reduce their sentences will be made by federal judges.

The Bush administration opposes reducing crack cocaine sentences retroactively. Attorney General Michael Mukasey says that changing the standard retroactively for those that were convicted prior to the rule change would disregard any mitigating factors that judges had considered when setting the prison sentences.

New U.S. Sentencing Guidelines for Crack Cocaine Offenders:

• 1st time offenders convicted of possessing at least 5 grams of crack cocaine must serve 51 to 63 months in prison (previously 63 to 78 months).
• 1st time offenders with a minimum of 50 grams of cocaine may serve 97-121 months in prison (previously 121-151 months).

The majority of the 200,000 federal prisoners in the U.S. are drug offenders. Offenses involving cocaine are covered under federal and state laws.

Crack sentences eligible to be cut, Boston.com, December 12, 2007

Panel Says 19,500 Crack Inmates Can Seek Reduced Sentences, CNN.com/AP, December 12, 2007

Sentencing Commission Votes Unanimously to Apply Amendment Retroactively for Crack Cocaine Offenses, USSC.gov, December 11, 2007

U.S. Sentencing Ranges Lowered for Crack Cocaine, NPR.org, November 2, 2007

Related Web Resources:

United States Sentencing Commission

The Sentencing Project

Continue reading "After U.S. Sentencing Commission Ruling, 91 Crack Cocaine Inmates in Massachusetts Could Reduce Their Prison Sentences " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Drug Offenses

Bookmark:

In Massachusetts’s Suffolk County, a grand jury indicted former federal prosecutor Philip Giordano on charges that he stole at least $150,000 from his former law firm. The Boston native’s arraignment will take place in Suffolk Superior Court on January 15, 2008.He faces charges that he made false entries in a corporate book, as well as multiple larceny charges.

The Suffolk District Attorney’s office says that Giordano linked his debit card to get money from a Giordano, Champa & Powers account to cover personal expenses and withdraw cash. Giordano is also accused of paying himself thousands of dollars worth of compensation checks. “ At the time, Giordano shared the account with his law partners, Gina DeAcetis Powers and James Champa.

Giordano currently has his own law practice, the Boston-based corporate and securities law firm Giordano & Co. From 1986 to 1991 he served as an assistant U.S. attorney in New Jersey and was a former U.S. Securities and Exchange Commission staff attorney.

Larceny
Larceny can include taking any object, embezzlement, check larceny (depositing a check that is not yours), purse stealing, and pick pocketing. When a person embezzles funds, he or she had a legitimate reason to access the funds so the funds could be stolen. Larceny usually doesn’t involve any violence.

Under the Massachusetts General Laws, Chapter 266: Section 30. Larceny; general provisions and penalties defines larceny as:

Whoever steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another as defined in this section, whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny…

The penalty for a Massachusetts larceny crime involving more than $250 dollars is five years maximum in prison or up to two years and $25,000 maximum fine.

Former Federal Prosecutor Accused of Raiding Law Firm Account, ABA Journal.com, December 20, 2007

Former fed prosecutor indicted on larceny charges, Boston Herald, December 20, 2007

Chapter 266. Crimes Against Property, The General Laws of Massachusetts

Related Web Resources:

Larceny, Lectlaw.com

Continue reading "Massachusetts’s Suffolk Grand Jury Indicts Former Federal Prosecutor on Larceny Charges" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Theft Crimes

Bookmark:

In Massachusetts, Eber A. Rivera, a 23-year-old Framingham homeless man was arrested on Saturday and charged in the stabbing attack of a Framingham resident on Beaver Street. Charges include assault and battery with a dangerous weapon; assault with the intent to commit a felony; assault and battery on a disabled or injured person; assault with the intent to murder or maim; and disturbing the peace.

The stabbing victim was found with multiple stab wounds. One stab just missed the victim’s heart. Police say that the injuries are very serious. The victim was taken to Beth Israel Deaconess Medical Center in Boston.

Police are trying to discover a motive for the attack. Rivera told authorities that the victim was disrespectful to him. Local police don’t think that Rivera and the victim had met prior to the incident.

Rivera was covered with blood when he fled the assault scene and encountered a police vehicle responding to a call about the attack. Rivera led police on a food chase before he was arrested.

In Massachusetts, the maximum penalties that come for being convicted of the crimes that Rivera is charged with include:

• Assault and battery: 2 ½ years maximum in a house of correction or a $1,000 maximum fine

• Assault with intent to murder or maim: 10 year-maximum prison sentence

• Assault and battery on a disabled or injured person: Up to three years in state prison

Just because you are arrested for assault and battery doesn’t mean you are guilty. There may be evidence that can be legally suppressed or motions that can be dismissed or charges that can be dropped. Your Massachusetts criminal defense lawyer may be able to work out a plea agreement with the prosecution.

Being convicted of a crime has serious consequences on your life and the lives of your loved ones. It is so important that you hire an experienced Massachusetts criminal defense attorney who will defend you and protect your rights.

Man stabbed near heart in Framingham, MetroWest Daily News, December 16, 2007

Massachusetts General Laws - Crimes Against the Person - Chapter 265, Section 15A, Onecle.com

Related Web Resource:

Massachusetts Sentencing Guidelines, The Massachusetts Court System

Continue reading "Massachusetts Homeless Man Charged In Framingham Stabbing Attack" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Felonies and Violent Crimes

Bookmark:

In Massachusetts, the second murder trial of former Harvard graduate student Alexander Pring-Wilson has ended in a mistrial. Middlesex Superior Court judge Christopher Muse granted a mistrial in the case because the jury was hopelessly deadlocked. They were unable to reach a verdict after deliberating for 10 days.

Pring-Wilson, 29, is charged with manslaughter in the 2003 stabbing murder of 18-year-old Michael Colono. The killing took place in Cambridge during a drunken, late-night brawl. Wilson stabbed Colono a number of times with a military folding knife.

Pring-Wilson was convicted of manslaughter in 2004 and sentenced to six to eight years in prison. In 2005, his conviction was overturned and the Massachusetts’s Supreme Judicial Court, however, granted him a new trial when it ruled that jurors should have been informed of Colono’s criminal and violent history.

The 29-year-old former student has always maintained that he acted in self-defense and that Colono and his cousin were the instigators of the attack. Pring-Wilson has been out on bail since his conviction was overturned.

If you have been arrested for any kind of crime in Massachusetts, you should speak with an experienced criminal defense attorney immediately. Even when all the evidence is against you, a good criminal defense attorney can still determine whether there are special circumstances that could persuade the persecution to charge you with a lesser crime or convince a jury to set you free. You deserve a fair trial.

Mistrial
A mistrial is a trial that ends before a resolution is reached. A judge can grant a mistrial for different reasons. A jury may have become tainted because it was given improper evidence. A jury is unable to reach a verdict. The defense or the prosecution may ask for the mistrial.

It is not known at this time whether Pring-Wilson will stand trial for a third time.

When a mistrial is declared, a new trial may be granted. Or, if circumstances allow the defendant to cite the Double Jeopardy Clause—which makes it impossible for the person to be tried more than once for the same crime—the defendant may go free.

Mistrial granted in trial of Harvard graduate student, Boston Globe, December 14, 2007

Ex-Harvard Student's Retrial Ends In Mistrial, BostonChannel.com, December 14, 2007

Related Web Resource:

Justice for Alexander Pring-Wilson

Continue reading "Second Pring-Wilson Murder Trial in Massachusetts Ends in Mistrial" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Felonies and Violent Crimes , Murder

Bookmark:

The mother and stepfather of 2-year-old Riley Ann Sawyers now face capital murder charges in the death of the little girl. The decision was made by a grand jury in Texas where Kimberly Dawn Trenor, 19, and Royce Clyde Zeigler II, 24, will stand trial. Prosecutors are deciding whether to push for the death penalty.

On October 29, Riley’s body was found wrapped in black plastic bags that had been stuffed a blue, plastic bin on an island in the Galveston Bay.

Police named the toddler “Baby Grace” because they did not know her identity. Riley’s paternal grandmother called police and told them that the drawing of the unidentified girl resembled Riley Ann.

Tampering with evidence and injury to a child were the initial charges filed against Zeigler and Trenor. Since then, however, police have found more evidence to warrant the more serious charge.

Trenor confessed to police that Zeigler beat her daughter with leather belts. Riley then was tossed across a room before she was held under water until she died. Riley’s skull was fractured in three areas—each one of them fatal. She was beaten for 4-6 hours.

Trenor says that the beating happened on July 24 because Riley wouldn’t say “yes, sir” and “please.” She and her husband hid her daughter’s body in a storage shed for several weeks before tossing it in the bay.

Trenor’s defense lawyer says that Zeigler wanted his client to hit Riley with a belt when she didn’t comply with his wishes. The beatings happened on the day he stayed home to make sure that Trenor was following his disciplinary plan. The couple supposedly did not intend to kill Riley.

Trenor says she wanted to call 911 but Zeigler wouldn’t allow it.

Capital murder is a very serious offense that can lead to the death penalty. Circumstances that can lead to a capital murder charge include murdering someone younger than 6 years of age, murdering a fireman or police officer, murder after escaping prison, murder while committing sexual assault, kidnapping, terrorism, or another capital felony.

Couple face capital murder charges in Baby Grace death, CNN.com, December 13, 2007

Mother's lawyer: Child killed for failing to say 'please, CNN.com, November 29, 2007

Related Web Resource:

Affidavit for Probable Cause of Arrest and Complaint (PDF)

Continue reading "Mother and Stepfather of Baby Grace Face Capital Murder Charges" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Felonies and Violent Crimes , Murder

Bookmark:

44-year-old Stevie Walker is on Trial in Suffolk Superior Court for the November 4, 2005 stabbing murder of Galina Kotik, a 65-year-old Russian grandmother, inside her Fenway apartment building in Boston.

Walker had been smoking crack cocaine for up to 24 hours before he went to Kotik’s building to visit an acquaintance and figure out a plan to rob her so he could get more drugs.

A witness for the prosecution testified on Tuesday about how Kotik’s dying cries could be heard. Valentina Tsodikovich says she saw a man with blood on his clothes flee the murder scene.

Kotik was a nursing assistant. Prosecutors say that she pulled out one of the Walker’s dreadlocks and scratched his face during the attack. They say that Walker smashed in the elderly woman’s head with an ashtray and stabbed her nearly two dozen times.

Walker’s defense attorney admits that his client did kill Kotik. However, he is asking the jury to consider convicting Walker of a lesser charge than first-degree murder.

Walker has a personality disorder and does not remember killing Kotik. After the attack, he fled to a parking garage in the area and got trapped in a storage closet for approximately 40 hours. He escaped through a window and went to a police station where he fell asleep. He was arrested there.

If you are convicted for first-degree murder in Massachusetts, the maximum sentence you could receive is life in prison without parole. This is why it is so important that you hire an experienced Massachusetts criminal defense lawyer to represent you.

If all evidence of guilt for a murder points to you, a very good criminal defense attorney can determine whether it is possible to convince a jury that you should be convicted of a lesser murder charge. Even if you receive the maximum sentence for a second-degree murder conviction, you will still be eligible for parole after 15 years.

Other lesser murder convictions including voluntary manslaughter and involuntary manslaughter (both come with maximum sentences of 20 years in prison—unless explosive devices are involved), and motor vehicle homicide (a maximum sentence of 15 years in prison).

Defense acknowledges violence of killer, Boston.com, December 11, 2007

Gruesome testimony in trial of man charged with murder of elderly woman, Boston Herald.com, December 11, 2007

Related Web Resources:

Massachusetts General Laws

Legal Definition of First-Degree Murder, Lectlaw.com

Continue reading "Quincy, Massachusetts Man on Trial for Murdering 65-Year Old Woman While He Was On Crack Cocaine" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Felonies and Violent Crimes , Murder

Bookmark:

The FBI says that the number of hate crimes committed in the United States grew by almost 8%, with racism being the reason for more than 50% of the incidents.

In 2006, police in the US reported 7,722 crimes occurred because of prejudice against someone due to their sexual orientation, race, religion, nationality, ethnicity, or disability. There were 7,163 hate crimes reported the year prior.

12,600 out of over 17,000 federal, state, county, and local police agencies provided information to the FBI study.

Here is a breakdown of the different hate crimes included in the report:

• 5,549 of the hate crime incidents targeted individuals
• 38 was aimed at society in general
• 3,593 incidents involved the destruction of property
• 2,911 incidents involved vandalism or property damage
• 2,046 offenses involved intimidation
• 1,447 simple assaults
• 860 aggravated assaults
• 41 arsons
• 3 murders
• 6 rapes
• More than half the 7,330 offenders were Caucasian
• 20% of them were Black
• 12.9% were of other origins
• 31% of the hate crime incidents took place near homes
• 18% took place on streets
• 12% at schools
• 6.1% in parking areas
• 3.9% in churches, temples, or synagogues

Hate crimes in Massachusetts are considered serious crimes with fines and prison time if a person is convicted. A hate crime involving assault or battery upon a property or person can result in a fine of up to 5,000 and up to 2.5 years in a house of correction.

A person convicted of a hate crime that causes bodily injury to the victim in Massachusetts can end up paying a fine as high as $10,000 and spending up to 10 years in prison.

Just because you have been arrested for committing a crime in Massachusetts, however, doesn’t mean you are guilty. A good Massachusetts criminal defense lawyer can defend you against charges and make sure that your rights are protected.

FBI: Hate crimes jump nearly 8 percent, CNN.com, November 19, 2007

Chapter 265. Crimes Against the Person, Mass.gov

Information on Charging Hate Crimes Under Massachusetts Law, Mass.doe.mass.edu

Related Web Resources:

Hatecrime.org

Hate Crime, FBI

Continue reading "FBI Says Hate Crimes Increase by Almost 8%" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Felonies and Violent Crimes

Bookmark:

Mychal Bell, the 17-year-old accused of hitting a white classmate in the famous “Jena Six” case pled guilty yesterday to assaulting Justin Barker. Bell and five other black teenagers were charged with attempted murder for beating Barker last December.

Bell had initially been convicted as an adult by an all-white jury and sentenced to 21 years in prison. At the time the assault occurred, he was 16-years-old. In Louisiana, the legal adult age is 17.

Bell's conviction caused some 20,000 people to protest in Jenna, Louisiana and was overturned by an appeals court. Although released in September, he violated his probation in October and was sent to a juvenile facility.

As part of the plea agreement, conspiracy charges were dropped against Bell. The charges were reduced from aggravated battery to second-degree battery.

Bell has already spent one year in jail. If his case had gone to trial on Thursday, he would have had to stay at a juvenile facility until he turned 21. Instead, Bell will be sent to a group home and could return to public school as early as next week. He also must pay for Barker’s medical bills and $935 in court expenses.

The Jenna 6 Case and conviction sparked a huge racial debate as to whether black suspects are treated more harshly under the law. Prior to the assault on Barker, three white teenagers hung nooses on a tree after black teenagers got permission to sit under the tree. No federal charges were pressed against the white teens, although the incident was not unlike a hate crime.

Three months later, six teenagers--Mychal Bell, Robert Bailey Jr., Carwin Jones, Bryant Purvis, Theo Shaw and Jesse Ray Bear were arrested for allegedly beating Barker. They were charged with second-degree murder.

Recent studies show that prosecuting juveniles as adults tends to harm them more than help them and that these juveniles were more likely to commit crimes again. In the United States, about 200,000 defendants younger than 18 are dealt with through the adult criminal court system because of their offense or their age.

In Massachusetts, if your child is arrested for committing any crime, you should hire an experienced criminal defense attorney who knows how to properly handle juvenile cases and is familiar with both the juvenile and adult court system. There may be steps that a good juvenile criminal defense lawyer can take to make sure that your son or daughter’s case stays within the juvenile court system.

"Jena 6" Teen Admits Fault in Plea Deal, USA Today, December 3, 2007

Prosecuting kids as adults: Some states ponder changes, USA Today, December 1, 2007

Related Web Resources:

The Case of the Jena Six: Black High School Students Charged with Attempted Murder for Schoolyard Fight After Nooses Are Hung from Tree, Democracy Now!, July 10, 2007

Juvenile Court Dept., Mass.gov

Continue reading "“Jena 6” Teen Strikes Plea Agreement " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Juvenile Crimes

Bookmark:

Lower Superior Court Judge Kenneth Fishman has cleared Ki Yong O, an Andover, Massachusetts resident, of motor vehicle homicide charges because taking the prescription drug may have caused him to engage in sleep-driving when he struck and killed a 43-year-old Methuen men last year.

In June 2006,Oh struck and killed Anthony Raucci, who was changing a tire on his car while his wife and son sat nearby on Interstate 93 in Tewskbury. Raucci’s wife and son witnessed the fatal crash. O had taken Ambien before getting behind the wheel of his car. He said he doesn’t remember striking Raucci.

Witnesses say they saw O driving erratically down Interstate 93 when his car struck Raucci, who died immediately. Although prosecutors argued that O knew he took Ambien and drove his car anyway, O’s defense team claimed that sleep-driving is a rare side effect of taking Ambien.

Judge Fishman says that he didn’t think O knew that sleep-driving was a potential side effect of taking Ambien and he therefore could not reach the conclusion that O committed voluntary motor vehicle homicide. O was also found not guilty of leaving the scene or committing property damage.

Not long after the fatal accident occurred, the Food and Drug Administration issued an order that the label on Ambien be changed to include its potential side effects. Ambien is used to treat insomnia.

If you have been arrested for motor vehicle homicide anywhere in Massachusetts, you should hire an experienced criminal defense lawyer to defend you against the charges.

Sleep-Driving
Somnambulism is the term given to complex activities that can occur while a person is sleeping. A person can be asleep and still drive, have sex, cook, and eat food. Upon waking up, a person who was sleep-driving will have no recollection of engaging in any of these activities.

Lawyer who took sleeping pill cleared of vehicle homicide, Eagle Tribune, December 1, 2007

Judge clears ‘sleep driving’ Andover man of motor vehicle homicide, Boston Herald, December 1, 2007

Related Web Resources:

Sleep-Driving

Ambien CR

Continue reading "Judge Clears Massachusetts Man of Motor Vehicle Homicide Charges" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Felonies and Violent Crimes

Bookmark: