Boston Criminal Lawyer Blog

A spokesperson for the Sheriff’s Department in Los Angeles County says actor Shia LaBeouf may not have caused the drunk driving-related injury accident on July 27 in West Hollywood, California. The accident occurred around 2:30 am.

LaBeouf, who was arrested for DUI, has had to undergo surgery to repair an injury he sustained in his left hand. The woman riding with him and the woman driving the other vehicle were also injured. Both women sustained minor injuries.

LaBeouf has yet to be arraigned on the DUI charge. Now, however, there is evidence to indicate that the accident may have happened because the other driver ran a red light before striking LaBeuof’s truck, which rolled over during the accident.

If you have been arrested for driving under the influence of alcohol or drugs in Massachusetts, it is important that you speak with a Boston, Massachusetts DUI lawyer right away. An experienced DUI attorney will know how to handle the charges against you and can investigate your case to determine whether there is evidence showing that the criminal charges against you should be dropped or reduced.

For example, the charge and penalties will be different depending on whether this is your first or a subsequent DUI offense. The penalties are more severe if someone other than the alleged drunk driver suffered serious injuries in a DUI crash. In Massachusetts, an arrest for DUI that causes serious physical injuries can lead to up to 10 years in prison.

Shia LaBeouf might not have caused collision, Sheriff's Department says, Los Angeles Times, July 29, 2008

Actor Shia LaBeouf arrested, injured in drunk driving crash, AFP, July 28, 2008

Related Web Resources:

Shia LaBeouf

Massachusetts Law About Drunk Driving, Massachusetts Trial Court Law Libraries

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Actor Christian Bale was released on bail on Tuesday, after he was arrested earlier in the day following allegations that he assaulted his sister and mother. Bale has issued a statement denying the allegations.

The 34-year-old movie star was detained at the London police station in England following his arrest. Bale’s mother and sister are accusing him of assaulting them at the Dorchester Hotel, the day before the latest Batman movie, "The Dark Knight," had its European premier in London. Police reportedly waited to question him until after the movie opened.

In Massachusetts, a threat of violence is considered an assault. No one actually has to have been physically hurt for an assault charge to be filed—the same goes for an assault and battery charge, which includes the physical contact of another person without his or her permission.

If you have been arrested for assault and/or battery in Massachusetts, you are entitled to proper legal protection and representation against all charges. Some incidents are not always what they seem, and our Boston, Massachusetts assault lawyers can determine whether the charges against you can be dropped or reduced. Even if you have not been charge with a crime, but you are under investigation or have been arrested, it is never too soon to hire an experienced criminal defense team that is on your side.

Domestic Violence
The physical or emotional assault of family members, domestic partners, and ex-spouses is considered domestic violence, which is punishable by criminal law. The best way to combat any Massachusetts assault charges or other allegations related to domestic violence is to speak with an experienced domestic violence lawyer.

State law considers domestic violence a misdemeanor crime unless someone is seriously injured. If a domestic violence report is filed against you with police in Massachusetts, law enforcement officers are legally mandated to arrest anyone accused of this crime.

Christian Bale denies assault allegations, USA Today, July 22, 2008

Batman Star Christian Bale Arrested in London, National Post, July 22, 2008

Related Web Resources:
Domestic Violence and Sexual Assault, Mass.gov

Domestic Violence

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In Middlesex Superior Court, the attorney for three plaintiffs that are accusing Massachusetts State Senator James Marzilli of sexual harassment has filed an action requesting a civil rights injunction. The injunction would operate like a restraining order and carry a penalty of up to 10 years in state prison if he is ever convicted of assaulting a woman once the injunction were issued.

Marzilli has been indicted of accosting a person of the opposite sex. He was arrested after he allegedly went up to several women on June 3 in Lowell and asked them for sex or tried to grab them. Police apprehended him following a pursuit on foot. The incidents occurred when he was in Lowell on official business.

Shortly after his arrest, Marzilli was hospitalized at McLean Hospital and diagnosed with bipolar disorder. He was indicted earlier this month on charges of annoying and accosting people of the opposite sex, indecent assault and battery, resisting arrest, and disorderly conduct.

In an unrelated incident in May, Middlesex County prosecutors said they would not file criminal charges against him following an investigation into charges filed by a woman accusing Marzilli of touching her inappropriately without her permission. Just this week, two other women came forward to file a sex abuse lawsuit against Marzilli. One woman is accusing him of lewd sexual conduct while another woman claims that she woke up in his guestroom to discover the senator on top of her.

Massachusetts Civil Rights Injunctions
The Massachusetts Civil Rights Act allows for an injunction to be issued for individuals that are the victims of intimidation, threats, or coercion because of their gender, race, religion, sexual orientation, country of origin, or disability. A person that violates a civil rights injunction can end up in jail. The penalty may require time in state prison if someone gets hurt.

Two more allegations, WickedLocal.com, July 15, 2008

Related Web Resources:
2 more woman allege harassment by Sen. James Marzilli, BostonHerald.com, July 16, 2008

Your Rights Under the Massachusetts Civil RIghts Act

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New York Giants running back Ahmad Bradshaw is completing a 30-day sentence in jail for violating the conditions of his probation related to an undisclosed offense from when he was a juvenile. Last month, Bradshaw voluntarily turned himself in at a Virginia jail, and his release is slated to take place before football training camp begins later this month.

The probation violation was charged out of the Tazewell County Juvenile and Domestic Relations Court. The sentence is not related to other run-ins with the law that Bradshaw experienced when he was a student at the University of Virginia and Marshall University.

In 2006, Bradshaw pleaded guilty to stealing a video game console from a college dorm room. The criminal charges against him were eventually dropped, and Bradshaw was ordered to serve probation for two years. Prior to this incident, Bradshaw was arrested for resisting arrest and possession of alcohol as a minor in 2004.

There are many reasons for why a probate may be found in violation of your probation, such as:

• Failing a drug test.
• Being charged with another criminal offense.
• Failure to give notice of an address change.
• Missing a scheduled meeting with your probation officer.
• Illegal drug or weapons possession.
• Violating other conditions of your probation.

A probation violation may not only lead to additional penalties, including jail time, but it could damage the terms of your plea agreement or other conditions related to your probation.

Giants running back Ahmad Bradshaw jailed in southwest Virginia, NYDailynews.com, June 19, 2008

Bradshaw serving 30-day sentence for probation violation, AP, June 19, 2008

Related Web Resources:

Ahmad Bradshaw, ESPN.com

Sentences - Fines, Jail and Probation, Expertlaw.com

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Nearly 12 years after the murder of JonBenet Ramsey, her family has finally been cleared of any involvement in her death. The body of the six-year-old beauty queen was found in the basement of her home in Boulder, Colorado, on December 26, 1996 and for years, her father John, her mother Patsy (now deceased), and her brother Burke were considered among the leading possible suspects in her slaying. They were never, however, formally declared suspects.

JonBenet’s family has always maintained their innocence, but the media reports alluding to their possible involvement damaged their reputations. Today, the Boulder District Attorney’s Office released a letter officially clearing John, Patsy, Burke, and all immediate relatives of having any part in her murder. DA Mary Lacy formally apologized for being unable to clear their names before, and, moving forward, her office promised to treat the family as victims in the JonBenet murder. The announcement came after a new testing method using “touch samples” proved that none of the Ramsey family members’ DNA is a match for the new evidence discovered in her case.

Tests in March indicate that a pair of long johns found on JonBenet’s body contained DNA belonging to an “unknown male” that matched a DNA sample taken from JonBenet’s underwear. Tests were also conducted to make sure that the DNA did not come from medical examiner or law enforcement employees. This latest DNA was also used to exonerate John Mark Karr, who in 2006 confessed to killing JonBenet, of her murder.

In a televised interview, John Ramsey expressed gratitude at the formal acknowledgement that he, Patsy, and Burke did not play any part in JonBenet’s murder. He also expressed his continued wish that the real killer be found.

Family cleared in JonBenet Ramsey’s death, MSNBC.com, July 9, 2008

DNA clears JonBenet's family, points to mystery killer, CNN.com, July 9, 2008

Related Web Resources:

Read the DA's Letter to John Ramsey

JonBenet Timeline, CBS News.com

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Middlesex District Attorney Gerard T. Leone Jr. announced this week that two former Tufts University workers have been indicted for stealing almost $1 million from the school.

The indictments accuse Josephine Nealley, the former director of the student activities office, and Raymond Rodriguez, the office budget and fiscal coordinator, of stealing university funds in two separate incidents. An anonymous tip led to the discovery that Nealley was controlling bank accounts from the student activities office.

Nealley was indicted on three counts of larceny. She is accused of stealing $372,526. Rodriguez was indicted on two counts of larceny. He is accused of stealing $604,873.

An internal probe determined that Nealley transferred school funds to her personal accounts before making purchases at Whole Foods, Disney Store, Omaha Steak, Foxwoods Resort and Casino, and IKEA. Rodriguez is accused of writing a check to himself from Tufts for $100,000 and using the money to pay personal bills. He also allegedly used Tufts funds to pay for concert tickets, vacations, and designer gear, reportedly shopping at Gucci, Bloomingdale’s, and Prada.

Larceny is the illegal taking and carrying off of personal property without the owner’s permission and with felonious intent to take away the property permanently.

2 accused of stealing nearly $1m from Tufts, Boston.com, July 2, 2008

Two Former Tufts Employees Indicted For Stealing Nearly $1 Million From University, MiddlesexDA.com, July 1, 2008

Related Web Resources:

Tufts University

Sentencing Guidelines, The Massachusetts Court System

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