Boston Criminal Lawyer Blog

In Massachusetts, Middlesex County prosecutors have announced that they will not file criminal charges against State Senator James Marzilli. The announcement comes after prosecutors conducted an investigation into charges filed by a woman alleging that the senator had inappropriately touched her without her consent early in the morning on April 6.

Prosecutors say they interviewed the woman several times, as well as several witnesses that had seen Marzilli and the woman at a fundraiser a few hours before the alleged incident. The Middlesex district attorney’s office cited a lack of sufficient evidence to prove criminal charges beyond a reasonable doubt.

Senator Marzilli, 49, has always maintained that the accusations were false. He served in the House for 17 years before winning a special election last December to fill an empty spot in the Massachusetts Senate.

Whether you are an ordinary citizen, a public servant, or a high profile celebrity, your personal and professional reputations can suffer when you are wrongly accused of committing a sex crime. The convictions for sex crimes committed in Massachusetts are harsh.

This is why it is so important that you retain the services of an experienced Massachusetts sex crimes law firm that can investigate the accusations against you and aggressively defend you against criminal charges.

Under the Massachusetts General Laws, criminal penalties for an indecent assault and battery conviction include:

Chapter 265: Section 13H. Indecent assault and battery on person fourteen or older; penalties:

Section 13H. Whoever commits an indecent assault and battery on a person who has attained age fourteen shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.

No charges to be filed against Arlington state senator, Boston.com, May 13, 2008

Police investigate allegations that state senator assaulted woman, WBZ.com, April 8, 2008

Related Web Resources:

The General Laws of Massachusetts

State Senator James Marzilli, Mass.gov

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Posted In: Sexual Assault , Sexual Crimes

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77-Year-Old Jane Berghold, the woman who accidentally drove her car into Brockton Hospital last October, has been sentenced to 18 months probation and the revocation of her driver’s license for 15 years. Yesterday, the Rockland senior pled guilty in a Massachusetts court to two counts of homicide by negligent operation of a motor vehicle and one count of negligent operation of a motor vehicle.

Two people died and two others were seriously injured in the fatal drive-thru that occurred when the breast cancer patient's car flew through the front windows of the hospital’s radiation therapy unit. The victims' family members said that given her age and medical condition, they believed Berghold's punishment was appropriate.

Berghold initially told police that she tried to stop the car by stepping on the brakes but it kept moving. She later admitted to the possibility that she may have accidentally stepped on the gas pedal instead. A police probe found that the car sped up to 25 mph before crashing into the hospital.

If you have been arrested for vehicular homicide or any other kind of traffic violation or crime in Massachusetts, you should contact our Boston criminal defense law firm to explore your legal options. There may be evidence that proves that you are not guilty. There may be a way to get the charges or penalties against you dropped or reduced.

The deadly accident involving Berghold, is one of a few serious accidents involving elderly drivers that is raising renewed interest in establishing driving laws directed at senior drivers in Massachusetts. In another recent incident in February, an 8-year-old girl was suffered internal injuries, a fractured skull, and a broken leg when an 86-year-old man accidentally struck her with his SUV in front of her Randolph elementary school.

One bill under consideration would mandate that drivers older than 85 take road and vision tests every five years.

In Massachusetts—unlike many other US states—there are no laws that specifically address elderly drivers.

Woman gets probation in fatal hospital crash, Boston.com, May 7, 2008

Patrick calls for tests of elderly drivers, PatriotLedger.com, February 8, 2008

Related Web Resources:

Danger: elderly driver ahead, Boston.com, February 14, 2008

Elderly drivers pose policy-making challenge, Stateline.org, April 29, 2004

Continue reading "Elderly Massachusetts Woman Pleads Guilty to Deadly Hospital Drive-Thru Crash And Gets 18 Months Probation" »

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Posted In: Traffic Violations

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In Cambridge District Court last week, Arlington resident Michael Whalen pled not guilty to kidnapping, threats, and receiving stolen property over $250. A statewide Amber Alert had been issued in Massachusetts on Wednesday after Whalen’s six-month-old son Lucas disappeared.

The baby’s disappearance happened after a Massachusetts Probate and Family Court judge awarded custody of Lucas to his aunt, Sheila Boyle, who cited concern over the baby’s well-being as reason for the custody request. When Boyle went to retrieve the baby, he was gone.

A Massachusetts prosecutor said that Michael, 42, had threatened to kill Lucas, shoot five people, and commit suicide if anyone tried to take his son. A SWAT team arrested him on Thursday after his rental car was discovered at a Burlington hotel parking lot. Because the car was overdue, he was charged with receiving stolen property.

Lucas was found with Danielle Boyle, who is the baby’s mother and Michael’s girlfriend. A cab driver took Danielle and Lucas to the Arlington police station because she did not have money to pay for her taxi ride. She has not been charged with committing a crime.

Michael’s lawyer says no one saw baby Lucas with his father after he disappeared. In Massachusetts, a parental kidnapping conviction comes with a maximum sentence of one year in the house of corrections.

According to the DSS, the couple has two other children that were put up for adoption after the parents’ legal rights were terminated.

Michael was ordered held on $25,000 bond. He has 72 prior criminal convictions—many of them for minor traffic violations.

If you have been arrested for any crime in Massachusetts—even if you already have a criminal record—you are entitled to proper legal representation and defense. Our Boston criminal defense law firm is known for providing our clients with aggressive and effective representation.

Infant's father charged after Amber Alert set off, Boston.com, May 2, 2008

Prosecutor: Arlington father threatened to kill 6-month-old son in rampage, May 1, 2008

Related Web Resource:

Amber Alert

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Posted In: Kidnapping

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