Boston Criminal Lawyer Blog

Singer Bobby Brown, a Boston, Massachusetts native, will serve on year’s community service for cocaine possession in exchange for not being charged with possession of the drug.

Massachusetts police, responding to a call to break up a fight at a Brockton Holiday Inn last December, found Brown sitting in a car with a substance that they believe was cocaine.

No criminal charges were filed. This week, Brockton District Court Clerk Magistrate Kevin Creedon says there was no probable cause for a criminal complaint. He has ordered Brown, the ex-husband of singer Whitney Houston, to mentor young adults and children. The arrest will be erased form his criminal records if he avoids any arrests in the next year.

In Massachusetts, under Trial Court Rule XI: Uniform Rule for Probable Cause Determinations for Persons Arrested Without a Warrant:

A person who has been arrested for an offense for which no warrant has issued, if not released on bail or recognizance, shall be entitled prior to any extended pretrial detention to a determination by a judicial officer of whether there is probable cause to believe that such person has committed such offense, except where such person's detention is otherwise authorized by a warrant or other judicial process.

Criminal penalties for cocaine possession conviction in Massachusetts include up to one year behind bars for a first offense and two years for a second offense.

Our Boston, Massachusetts drug crimes lawyers can determine whether you were subjected to unreasonable searches and seizures when they made the arrest. We can also examine whether there are other circumstances that warrant that any pending or current criminal charges against you be dropped.

There may be alternatives to prison time that our criminal defense attorneys can explore for you.

Bobby Brown agrees to community service, Boston.com, February 26, 2008

Probable Cause Determinations, Massachusetts Trial Court Law Libraries

Related Web Resource:

Massachusetts Sentencing Guidelines

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Posted In: Celebrity Crimes , Drug Offenses

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Massachusetts lawmakers are assessing a number of bills aimed to place harsher restrictions on sex offenders. Today’s Judiciary Committee meeting comes just a few weeks after Cory Saunders, a high-level sex offender. raped a 6-year-old boy at a New Bedford public library. Saunders was charged with indecent assault and battery on a child under 14 and the rape of a child by force. In 2001, he was convicted of assault and battery on a child and child rape .

Issues tackled by the bills include:

• The Institution of mandatory prison sentences for sex offenders whose victims are younger than 12 years of age.
• The wider implementation of GPS monitoring devices to track sex offenders who are no longer in prison.
• Preventing sex offenders from working within 1,000 feet of a day care center, school, or childcare facility.
• Allowing prosecutors to request a jury trial when trying to hold a sex offender for longer than their original sentence.
• Providing sex offenders with the option of undergoing chemically castration so that t violent impulses are inhibited or eliminated.

Legislation that would recognize rape not only as an act of force but one that includes a lack of true consent is also being considered.

Another high-level sex offender, David Flavell, was recently arrested after he was caught allegedly peeping at a woman under a bathroom stall at a Quincy store. .

Opponents of imposing harsher restrictions for sex offenders question whether tougher laws will compel sex offenders to assault again.

There are three levels of sex offenders in Massachusetts:

Level 1 Sex Offender: The Sex Offender Registry Board considers these convicted offenders at low risk for reoffense.
Level 2 Sex Offender: Their degree of dangerousness is considered moderate.
Level 3 Sex Offender: Chance of reoffense is considered high.

Our Boston, Massachusetts criminal defense law firm defends clients charged with sexual crimes. One of our Massachusetts sexual crimes lawyers is available to discuss your case during your free consultation.

Lawmakers weigh bills to tighten restrictions on sex offenders, Boston Herald, February 26, 2008

Suspect in rape at library was freed sex offender, Boston.com, February 1, 2008

Related Web Resources:

Levels of Sex Offenders, Mass.gov

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In Boston, Massachusetts, Damon Jamaal-Anthony Haley (The Boston Globe is reporting that his last name is Haley. The Boston Herald says his last name is Powell) has pled not guilty to assault and battery on a police officer and other charges related to a gang fight at Aria, a local hip-hop nightclub.

Boston police arrived at the club, hosting a “Girls Gone Wild Party,” before the shooting occurred because of a tip they received of a possible gang brawl that might happen.

A verbal argument after 1;30 am was followed by a brawl involving some 35 people, champagne bottles being smashed over people’s heads, and the sound of gun shots. Two people sustained gunshot wounds.

Police say they arrested Haley, a 24, because he had a 9mm Lugar in his hand. There was still one round in the chamber and five in the magazine. Haley reported told police that “They threw a drink so I had to come out with it.” One of the police officer that helped apprehend Haley sustained a broken arm.

Haley has no prior criminal convictions and his defense team says there was so much commotion during the shooting that positively identifying the gunman would have been impossible.

Haley is being held on $1 million cash bail—double the amount that prosecutors had recommended.

A conviction for assault and battery of a police officer in Massachusetts can be punishable by up to 2.5 years in prison. Any weapons-related charges are also considered serious criminal offenses in this state.

It is important if you have been charged with this crime to contact our Boston, Massachusetts criminal defense law firm right away.

We can defend you against the charges. Sometimes, incidents of alleged assault and battery against a police officer can occur because the suspect was provoked or defending him or herself. One of our Massachusetts defense lawyers can determine if this is the case.

Boston nightclub melee ends in shooting, Boston.com, February 24, 2008

$1M bail for alleged shooter at 'Girls Gone Wild' Party, Boston Herald, February 25, 2008

Related Web Resources:

Aria Nightclub

Massachusetts Police Brutality

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Nguyen Van Nguyen, a Randolph, Massachusetts man, and his brother-in law Chien Dinh Nguyen will serve time in federal prison for their conspiracy to transport guns conviction.

The two men illegally bought guns from a Georgia pawn shop in Georgia and then transported them to Boston. One firearm was discovered at the scene of a 2006 Dorchester gang shootout. Nguyen and Nguyen paid a third man $100 for each gun.

The two brothers bought 23 firearms. These guns can sell for $900 or more in Massachusetts.

A Bureau of Alcohol agent from the Boston field office said the two men made money by supplying weapons to gang members. Boston investigators, who have been trying to combat gun violence in Massachusetts, testified at the brothers’ trial in Atlanta.

The man who purchased the guns for the two brothers consented to becoming a “cooperating suspect.” He recorded phone calls with the two men. He also wore a body wire during one trip to the pawn shop with Van Nguyen. The cooperating suspect pled guilty to conspiracy to traffic firearms. He is serving five years probation.

A Georgia judge sentenced Nguyen Van Nguyen to 16 years in federal prison. This is not Nguyen Van Nguyen’s first brush with the law. He has been convicted for felonies three times in the past for assault with intent to rob, heroin possession, and assault with a dangerous weapon.

Because of his criminal record, Van Nguyen was facing a mandatory 15-year prison term. Under Federal law, his criminal record categorizes him as an armed career criminal.

Chien Dinh Nguyen’s prison sentence is for 2 ½ years.

According to the Brady Campaign to Prevent Gun Violence, Massachusetts has some of the toughest gun laws in the United States.

If you have been arrested or charged with a gun-related crime, one of our experienced Massachusetts weapons possession lawyer can represent your case and protect your legal rights.

Two men sentenced for trade in guns, Boston.com, February 22, 2008

Related Web Resources:

Brady Campaign praises Massachusetts gun laws, Metrowestdailynews.com, February 1, 2008

2004 Federal Sentencing Guidelines, USSC.gov

Massachusetts Law About Weapons

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Posted In: Felonies and Violent Crimes , Illegal Weapons Possession

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Mark Jensen, the Wisconsin man charged with poisoning his wife in 1998 has been found guilty of first-degree murder. Sentencing will take place on Friday although his conviction comes with a mandatory life in prison sentence. The conviction by the jury came after members deliberated for over 30 hours.

Jensen’s wife, Julie, was founded dead in her bed in 1998. Poisoning by ethylene glycol was the cause of death. Police say she had been given multiple doses. Just 30 ml of ethylene glycol can be deadly. Evidence during the criminal also indicated that a pillow might have been used by Jensen to smother her.

Prior to her death, Julie wrote a letter placing blame on her husband in the event that anything happened to her. She gave the letter to a neighbor. She also had told her son’s teacher and police that she thought Jensen was attempting to murder her.

Jensen was charged with 1st-degree murder in 2002. According to prosecutors, he was having an affair and wanted to get rid of his wife. Jensen’s defense team said that Julie was depressed, tried to kill herself, and then blamed her husband.

Strict hearsay rules that allow defendants to confront their accusers had blocked Julie’s statements and her letter as evidence. The issue of whether or not Julie’s words could admitted as part of the case delayed Jensen’s criminal trial for several years.

A U.S. Supreme Court ruling compelled the Wisconsin Supreme Court to create an exception in this case so that Julie’s statements and letters could be admitted as a dying declaration of her state of mind when she died.

A couple of inmates testified that Jensen had admitted to killing his wife. One inmate testified that Jensen had asked him to kidnap a witness who was scheduled to testify.

A 2003 Massachusetts Domestic Violence Report by Jane Doe Inc. Lists several methods used for committing domestic violence homicide:

• Stabbing deaths
• Fatal firearm injuries
• Strangulation
• Blunt trauma to head
• Smothering the victim

As a criminal suspect or defendant for murder or any crime in Massachusetts, you are entitled to the best legal representation. Our Boston, Massachusetts criminal defense team would like to offer you a free consultation.

Husband guilty of murder in 'letter from grave' case, CNN.com, February 21, 2008

Jury: Man Used Antifreeze to Kill Wife, AP, February 21, 2008

2003 Massachusetts Domestic Violence Homicide Report

Related Web Resources:

Read Judy Jensen's Letter from the Grave, CNN.com

Ethylene Glycol, University of Cambridge

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Posted In: Domestic Violence , Felonies and Violent Crimes , Murder

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In Massachusetts, Superior Court Judge Charles M. Grabau has sentenced former Marshfield High School student Joseph Nee to 2.5 years for conspiracy to commit murder. Nee, 21, is convicted of plotting a Columbine-like attack on the school.

Nee had faced a maximum penalty of 20 years in prison for the crime. He will serve six months in prison and nine months in the Plymouth House of Correction. He will also serve a two-year probation upon release and undergo periodic alcohol and drug tests. He also will have his mental health evaluated.

The Marshfield man was convicted last week after a four-day bench trial and testimony from dozens of people. He was acquitted of two charges: threatening use of a deadly weapon and promotion of anarchy.

In September 2004, Nee, was still studying at Marshfield High. He and two classmates notified police that 16-year-old Tobin Kerns intended to attack the school the following April—in a killing spree similar to the 1999 Columbine High School attack in Littleton, Colorado.

Police arrested Kerns. They also arrested Nee a few weeks later after he was implicated by Kerns’ friends.

Kerns and Nee were indicted by a grand jury in October 2004. Both teenagers pleaded not guilty. The two other boys who reported the planned assault with Nee were given immunity in exchange for their testimonies.

Kerns was convicted of conspiracy to commit murder and threatening to use deadly weapons. He is completing his 10- month prison sentence at the Plymouth House of Correction.

Our Massachusetts criminal defense law firm handles adult criminal cases and juvenile crimes cases. We are known for our ability to provide our clients with a solid, effective defense.

Ex-student gets prison in Marshfield plot case, Boston.com, February 20, 2008

Judge convicts ex-student in school plot, Boston Globe, February 15, 2008

Related Web Resources:

Are US Schools Safe?, CNN.com

Fast Facts: Major School Shootings of Past 10 Years, Fox.com, April 16, 2008

Continue reading "Former Marshfield High School Student Will Serve Time in Massachusetts Prison For Plotting Columbine-Style Ambush" »

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Posted In: Felonies and Violent Crimes , Murder

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Actress Bai Ling was arrested on Wednesday for allegedly shoplifting a pack of batteries and two magazines, valued at $16, from a gift shop at the Los Angeles International Airport.

She was apprehended after someone else in the store reported seeing her take the items. The Chinese-born actress admitted to police that she didn’t pay for the items.

A major movie star in China, Bai Ling has appeared in American films, including “The Crow” and “Red Corner.” She also has appeared in the ABC TV series “Lost.”

Shoplifting in Massachusetts
Massachusetts has a shoplifting statute that makes it a crime to steal merchandise from a store. The severity of the charges will depend on the value of the items stolen and whether the defendant has any prior criminal offenses.

If the stolen merchandise is worth less than $100:
1st offense: A $250 maximum fine
2nd offense: A $500 maximum fine
3rd offense: 2 years maximum jail sentence

If the stolen merchandise is worth $100 or greater:
1st offense: A $1,000 maximum fine and up to 2.5 years in jail
2nd offense or more: A larger fine and a longer jail sentence

Police officers in Boston and other cities in Massachusetts are allowed to arrest anyone without a warrant if there is probable cause to think that the suspect has committed a shoplifting crime. If a storeowner, store employee, or store representative provides a statement to law enforcement officers naming you as a shoplifting suspect—that is considered probable cause.

One of our Massachusetts theft crimes lawyers would be happy to discuss your case with you.

'Crow' actress arrested on shoplifting suspicion, CNN.com, February 15, 2008

Bai Ling arrested for shoplifting in L.A., Reuters, February 14, 2008

Related Web Resource:

Chapter 266: Section 30A. Shoplifting; penalty; arrest without warrant, Massachusetts General Laws

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Posted In: Theft Crimes

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In Suffolk Superior Court yesterday, Enrique Baez pled guilty to the shooting death of Cheyenne Baez. Judge Margaret Hinkle sentenced him to five years in Suffolk County House of Correction. 2.5 years of the sentence is for involuntary manslaughter, 6 months is for marijuana possession, and the remaining two years is for the illegal possession of two handguns. Enrique and Cheyenne were not related, but they were friends.

According to Boston police and investigators, Enrique, Cheyenne, and two other males were in Enrique’s apartment in Jamaica Planes on April 8, 2007. Enrique, 17-years-old at the time, had two guns. One of them was loaded, the other one wasn’t. While playing with the loaded gun, it went off. The bullet hit Cheyenne in the eye and killed him.

While on the stand, Enrique apologized for the murder and claimed that the shooting was an accident. Relatives of Cheyenne have expressed outrage at the five-year sentence, claiming that his death was murder and not an accident.

Judge Hinkle, Suffolk Assistant District Attorney John E. Powers III, and Boston police, however, are all in agreement that the evidence showed that the shooting was accidental.

Enrique had initially been charged with manslaughter. He had pleaded not guilty to the charges.

If you have been arrested for a crime that took place anywhere in Massachusetts, you are entitled to proper legal representation. There may be evidence that can be dropped or dismissed. If there is evidence proving that you are not guilty or that the charges against you must be reduced, our Boston, Massachusetts criminal defense attorneys can do the job for you.

Relatives of victim decry jail sentence, Boston.com, February 12, 2008

Teen charged with manslaughter after friend is shot, Boston.com, April 10, 2007

Related Web Resources:

Massachusetts Law about Guns and Other Weapons

Massachusetts Homicide Law

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Posted In: Drug Offenses , Illegal Weapons Possession , Involuntary Manslaughter

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Authorities throughout the United States are on the lookout for Andrew Boisvert, a 37-year-old Bridgewater, Massachusetts resident. Boisvert, a Waltham paramedic, is a suspect in the murder of his ex-wife Margaret Ninos. Ninos and Boisvert have a 7-year-old daughter named Maggie.

Boisvert is currently on the run. The Norfolk District Attorney’s office issued the arrest warrant against Boisvert on Friday and the national alert on Saturday. Ninos, a 47-year-old Medfield resident and obstetrics nurse, died from fatal head injuries on February 6.

Friends and former colleagues say that Boisvert and Ninos were involved in a child custody dispute over their child. Ninos’s friends say that Boisvert didn’t see his daughter a lot. He had custody of his child one weekend a month and got to visit her one Wednesday a month. Boisvert wanted to increase his visitation rights. He had remarried and has another child.

Police say that on February 6, Boisvert called 911 and directed them to Ninos’s home, where the body was found. Law enforcement authorities questioned Boisvert but allowed him to leave the crime scene.

A 2003 report by Jane Doe Inc., (JDI) the Massachusetts Coalition Against Sexual Assault and Domestic Violence, considers domestic violence-related homicides to include any of the following:

• The homicide victim and perpetrator were former spouses or intimate partners, adults or teens with a child in common, or adults or teens in a current or former dating relationship.

• The homicide victim was a bystander or intervened in an attempted domestic violence homicide and was killed (including friends, family members, new intimate partners, law enforcement officers or other professionals attempting to assist the victim of domestic violence, roommates and co-workers).

• The motive for the murder was reported to have included jealousy, in the context of an intimate partner or dating relationship.

• A relationship existed between the homicide perpetrator and adult or teen victim that could be defined as exhibiting a pattern of power and control (including family or household members and caregivers).

If you are a suspect or have been charged with a domestic violence-related crime in Massachusetts, you should contact one of our Massachusetts domestic violence lawyers today.

Nationwide alert issued for Medfield murder suspect, Daily News Tribune, February 11, 2008

Pals say slain woman battled ex over custody issues, BostonHerald.com, February 11, 2008

Slain Medfield mom’s ex on run from police, BostonHerald.com, February 10, 2008

Arrest warrant issued in murder of Medfield mother, BostonHerald.com, February 9, 2008

Related Web Resource:

2003 Massachusetts Domestic Violence Homicide Report

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Posted In: Domestic Violence , Murder

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In Massachusetts, state officials filed legislation that would allow prosecutors to demand that a jury rule on whether a sex offender is considered dangerous. Massachusetts law currently mandates that a sexually dangerous individual be civilly committed anywhere from 1 day up to the rest of his or her life at the Massachusetts Treatment Center in Bridgewater.

Last week, Corey Saunders, 26, was arrested for allegedly raping a 6-year-old boy at the New Bedford Library after luring the boy into the magazine racks. The boy’s mother was nearby, using a computer.

Saunders had already served four years in prison for the attempted rape of a 7-year-old boy in a foster home where Saunders had been placed. He was released in December 2006 even though three psychologists and prosecutors had said he was too dangerous to set free. Police believe that he has lived in New Bedford since August 2007 and waited until this year to register as a sex offender.

Following his arrest for the New Bedford rape incident, Saunder’s criminal defense lawyer waived his right to a dangerousness hearing. The 26-year-old has also been charged with failing to register as a sex offender within the 45 days that the law stipulates. Saunders has pled not guilty to the rape charges.

According to Middlesex District Attorney Gerard T. Leone Jr., of the 47 trials since 1999 in Middlesex County to decide whether a convicted sex offender is sexually dangerous, 25 of the cases were determined by judges, with 60% of the offenders classified as sexually dangerous. Of the 22 cases that have gone before a jury, 68% of the offenders were ruled sexually dangerous.

If you have been charged with a sex crime in Boston, New Bedford, or anywhere in Massachusetts, you should speak with one of our Massachusetts sex crimes attorneys right away. You have a right to the best defense possible.

Push underway to boost role of juries in dangerous sex offender trial, Boston.com, February 7, 2008

Accused rapist waives right to dangerousness hearing, BostonHerald.com, February 7, 2008

Related Web Resources:

Sex Offenders, Mass.gov

Mass General Laws Section 178 - Sex Offender Registry Board, Mass.gov

Continue reading "Massachusetts Officials Want to Give Jury a Bigger Role in Dangerous Sex Offender Trials" »

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Posted In: Felonies and Violent Crimes , Sexual Assault

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Carl Stanley McGee, the assistant secretary for policy and planning for Massachusetts Governor Deval Patrick’s administration has been charged with the sexual assault of a male teenager in Florida.

McGee, 38, was arrested last December in Boca Grande at the Gasparilla Inn & Club resort. The sexual assault incident allegedly took place in a steam room.

McGee, top aide to Patrick, has been on administrative leave since last January. His arraignment on sexual battery charges is scheduled next week.

According to the police report by the Lee County Sheriff's Office, McGee met the boy, 12-16 years of age, in a bathroom at the resort. The boy claims that the following day, McGee saw the boy in the resort’s steam room, took off his towel, began rubbing the boy’s shoulders and back, and performed oral sex on the boy.

The boy told his father, who notified local police. They arrested McGee based on the boy’s physical description of the man who allegedly sexually assaulted him.

On December 30, McGee was freed on $300,000 bond.

McGee is married to John Finley IV.

In Massachusetts, the punishment for conviction of forcible rape of a child younger than 16 can be life in state prison. Conviction for indecent assault and battery on a child older than 14 is punishable by up to five years in prison.

Sex crimes in Massachusetts are very serious offenses. The best way to defend yourself against any sexual crimes charges is to hire an experienced criminal defense law firm to fight for your rights.

Gov.'s Aide Charged With Battering Boy, 15, The BostonChannel.com, February 7, 2008

Patrick aide charged with sexually assaulting boy in Florida, Boston.com, February 7, 2008

Related Web Resources:

Sexual Assault & Rape, Norfolk District Attorney's Office

The Official Web Site of the Governor of Massachusetts

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Posted In: Felonies and Violent Crimes , Sexual Assault

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New England Patriots defensive back Willie Andrews says he is not guilty of possession of marjjuana with intent to distribute. The 24-year-old football player responded to the charges during his arraignment today in Lowell District Court in Massachusetts.

Andrews was arrested this morning on Middlesex Street in Lowell near the University of Massachusetts. He did not appear inside the courtroom during his arraignment—although he was at the courthouse—and the facts of the case were not read aloud in court. A Lowell police report related to the case, however, describes how the football player was pulled over by police, who noticed a “strong, pungent” smell.

The report says that Andrews confirmed that he had hidden marijuana in his groin area. Another two to three ounces of pot were found beneath his seat. About half a pound of marijuana, worth approximately $500, was reportedly found with the Patriots player. He was given a bail warning and released on his own recognizance.

The football player must inform a probation officer if he decides to travel outside Massachusetts. A violation of his probation could result in up to two months in jail. The football player is also charged with driving an unregistered motor vehicle.

This incident is not Andrew’s first brush with the law. He was convicted of criminal mischief a few years ago. He was on probation when police found a gun in his possession during a traffic stop. He served 10 days of a 30-day jail sentence.

In Massachusetts, a marijuana possession offense is a misdemeanor. A conviction could lead to six months in jail and a $500 fine. If it is a first offense, the punishment for conviction could be probation.

The sale or cultivation of pot is considered a felony. Depending on the amount of marijuana and the circumstances involving in the arrest, a conviction could lead to 2 to 15 years in prison and a $5,000 to $10,000 fine.

The best way to combat drug charges is to contact a Massachusetts criminal defense law firm that can provide you with a successful defense.

Patriots player busted for pot, BostonHerald.com, February 5, 2008

Patriots defensive back charged with marijuana possession in Lowell, Boston.com, February 5, 2008

Related Web Resources:

Massachusetts State Penalties

Willie Andrews, Patriots.com

Continue reading "Patriots Football Player Pleads Not Guilty to Marijuana Possession Charges in Massachusetts" »

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Posted In: Drug Offenses

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