Boston Criminal Lawyer Blog

Ok, here is the scene:

You are home at night with your loved ones. There is a knock on the door. You answer it. It is the police.

You ask them what is wrong and they tell you that you assaulted the girl who lives down the street.

You know you didn’t, although you do know she has…issues. So, you tell the police that you have not done anything to her, but that you know she is a troubled kid.

“So, you do admit you know her, right? I mean, know her well enough to know that she has problems?”, they ask.

You answer that you do.

They suggest that you come down to the station so that you can all discuss this in more detail.

You go.

At the police station, you are brought to a room and questioned for hours. Funny thing, while they were interested in the girl’s issues for a while, they have suddenly seemed to decide that you are lying to them. The questioning goes on for hours. They do, however, keep inviting you to tell them what they want to know. They tell you that things will go much easier.

Regardless of what you tell them…they lock you up. From there on, you are considered by most to be guilty of whatever it is that she says you did.

Continue reading "Samuel's Take: Massachusetts Criminal Defense Lawyer Discusses Justice System And Witch Trials Of Yesterday And Today" »

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Posted In: Assault , Assault and Battery , Criminal Law , Felonies and Violent Crimes , Misdemeanors , Wrongful Convictions

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In Massachusetts, an arrest has been made in connection to the underage drinking party where 17-year-old Taylor Meyer was last seen. Meyer’s body was found on October 20 following an exhaustive search involving fire, police, and rescue teams.

The Plainville teen disappeared on October 17 after leaving the party. Meyer wasn’t reported missing until the next day. While family thought that the King Philip High School senior was with friends, her friends thought she was with family.

Officials say that Meyer’s cause of death was drowning. Her body was discovered in a marshy area close to Miller Street bridge.

This week, Christopher Moran was arrested in connection with the underage drinking party. Moran reportedly told police that he brought 12 beers to the party and that he got the beers from his parent’s refrigerator.

Some 20 teens attended the party, which was held at an abandoned Norfolk airport. The teens reportedly drank beer and vodka. Police have been investigating how the teens were able to obtain alcohol for the party.

• In Massachusetts, it is illegal to give or buy alcohol for anyone younger than 21.
• Also, anyone younger than 21 who is caught with or around alcohol or drugs is subject to arrest.
• Parents may be contacted if the teen is under 18.
• The parents of minors who host house parties where alcohol is accessible can be held liable in both civil and criminal courts.

Teen Arrested In Fatal Drinking Party Probe, The Boston Channel, October 30, 2008

Police launch criminal probe into Taylor Meyer’s death, Boston Herald, October 29, 2008

Autopsy shows no foul play in Taylor Meyer’s death, Boston Herald, October 22, 2008

Drinking Party That Ended In Teen's Death Eyed, The Boston Channel, October 29, 2008

Helping teens stay safe during party season, Wicked Local, May 16, 2008

Laws Related to Alcohol, MIT.edu

Continue reading "Norfolk Teen Arrested in Connection to Fatal Underage Drinking Party" »

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Posted In: Juvenile Crimes

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My daughter went to the “Monster Jam” concert the other night at the Banknorth Garden in Boston, Massachusetts. I don’t know if it was so named because it took place during Halloween week, but, if so, it was appropriate. She had been excited in the weeks leading up to the show at the prospect of seeing the monster stars that were slated to perform. One such creature, however, disappointed her and her fellow fans.

While 20,000-plus fans chanted “We want Weezy,” Lil Wayne (“Weezy”) sat on his tour bus, indulging his monster ego, “throwing a hissy fit,” according to the Boston Herald, whining to his manager that he didn’t want to go onstage at the show.
“People were begging and pleading with him to go on,” we are told. “But he was [angry] and possibly drunk. He kept complaining that ‘Boston is dissin’ my people.’ It was totally bizarre. Kind of surreal.”

Most horror stories are.

So, how did they finally coax the creature out his cage to perform for the thousands of fans who had come to see him? They didn’t. Weezy took the sleazy way out – he just stayed hidden in the tour bus, nursing his wounds from the perceived assault to his ego.

What was the terrible offense that Beantown had thrust upon poor Weezy? What was the mammoth diss for which my daughter and her fellow fans had to pay?

Continue reading "Rap Star Dissed By Boston Weapons Check" »

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Posted In: Criminal Law , Illegal Weapons Possession , Misdemeanors

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In today’s daily blog we continue our Halloween Theme Week with a salute to the festive spirit…including those who do not even wait for the holiday they are celebrating to arrive.

‘Tis the season for Halloween celebrations! Parties are almost mandatory for some good old fashion evil-tinged fun. What better place than Lynn for a backdrop of such a party. After all, you have heard the old saying, “Lynn, Lynn, the city of sin…!”

And so it was that various Halloween revelers partied hearty this past Friday night and into Saturday morning. By 1:00 a.m., the crowd had apparently thinned out to an intimate group of between 60 and 70 people.

In these troubled times, one just cannot have too much fun…so they wanted the party to continue. They just did not want to leave. Somebody somewhere disagreed, however, and the police were called to disperse the crowd.

Did I mention that the crowd did not wish to be dispersed?

And so it was that a disagreement of sorts took place between the police and the dispersement-challenged in West Lynn, Massachusetts.

Well, kind of a physical disagreement.

Alright, it was a fight.

Continue reading "North Of Boston, Halloween Celebration Leads To Charges Of Disorderly Conduct, Resisting Arrest And Assault On A Police Officer" »

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Posted In: Assault , Assault and Battery , Criminal Law , Felonies and Violent Crimes , Misdemeanors , Probation Violations

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We continue our Halloween-themed week of daily blogs, which will culminate with Friday’s subject of today’s witch-trials, with a frightening tale of unwanted visitors, illegal treats, and a resulting trick.

It was last Thursday night in Chicopee, Massachusetts. Approximately 8:30 pm. One week and a day before Halloween night. 22-year-old David W (hereinafter, the “Defendant”) was spending what he believed would be a quiet night in his home. Alone. His alleged treats surrounded him in his happy little piece of heaven as he settled in for the evening.

Outside, it was a calm night. Very little wind. Temperatures in the 30’s.

And then it happened.

The calm, both inside and out, became thing of the past.

One week later, it might have been various masked monsters who descended upon the house. Not tonight, though. Not ghosts, witches or goblins, either. Tonight, the most feared intruders of all for the Defendant…The Police

Continue reading "Massachusetts Police Find Guns, Drugs And Explosives In Pre-Halloween Visit" »

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Posted In: Criminal Law , Drug Offenses , Federal Crimes , Felonies and Violent Crimes , Illegal Weapons Possession , Misdemeanors

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As I travel between our offices in Boston, Cambridge and Salem, I see that the Halloween festivities have begun; each day I notice more and more early revelers prancing around in costume, acting nonchalant and trying to pretend that they always dress that way.

They don’t fool me…but I will return the favor and keep this week’s daily blogs on a Halloween theme. It will culminate with Friday’s blog which will examine whether “witch-hunts” still exist today.

Unfortunately, if the various originally-clad pedestrians believe they are amongst the earliest to so stride, they are too late.

One of the loyal readers to this daily blog has brought my attention to an event dating back to July in which, it would appear New Hampshire resident, James C., 49, (hereinafter, the “Defendant”) got a really early start at wearing his costume. Rather than treats, however, he got a trip to the courthouse and charges of robbery.

He was dressed as a tree.

Just as the local Citizen Bank branch opened on a July Saturday morning, the Defendant walked in with leafy boughs duct-taped to his head and torso. Figuring he could never be identified by either teller or camera because of his very local foliage, he robbed the place.

Continue reading "Just Outside Massachusetts, Halloween-Style Robbery Starts Early" »

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Posted In: Criminal Law , Federal Crimes , Felonies and Violent Crimes , Illegal Weapons Possession , Robbery , Theft Crimes

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In Massachusetts, former Boston sportscaster Bob Gamere has pleaded not guilty to an indictment charging him with transportation and possession of child pornography. Federal prosecutors, who arrested the man that once called himself the Great Gamere, are now calling the former “Candlepins for Cash” host a “danger to the community.”

Magistrate Judge Leo T. Sorokin ordered that the 69-year-old former sports anchor be placed under house arrest and GPS anklet be attached to his leg. Gamere is also barred from answering the door if his grandchildren or trick-or-treaters come to his house unless there is another adult present.

According to the indictment’s charges, Gamere transported child pornography videos on two separate occasions in 2007. His computer at home also allegedly contains videos and images of child porn.

Federal agents found the images after they executed a search warrant of his house and took his computer. The government also claims that Gamere sent child pornography videos as e-mail attachments to a number of people. During the search, Gamere reportedly admitted that printed images of child porn found in his bedroom were his and that he had sent child pornography via e-mail.

The Federal Bureau of Investigation began actively investigating Gamere last year after he allegedly sent via e-mail a 10-minute video of a young girl having sexual intercourse with a man. He allegedly sent the footage using his wife’s AOL account and the screen name “GreatGamere.” Court documents, however, indicate that the FBI had been watching this screen name since 2005 when the sender distributed other videos of “prepubescent” minors having sex with each other and with adults.

Gamere is a former New York Yankees play-by-play announcer and television sports commentator for Channel 7. If convicted, he could spend up to 50 years in prison.

Internet Kiddie Pornography
Distributing child porn via the Internet is considered a criminal offense—even if the images do not explicitly show kids having sex with each other or with adults. A person could get arrested just for sending a photo or image depicting child porn to a friend.

Ex-Hub sportscaster busted for kid porn, BostonHerald.com, October 24, 2008

Former Boston Sportscaster Charged With Possession Of Child Porn, MyFoxBoston.com, October 23, 2008

Related Web Resources:

Laws Concerning Child Pornography, National Center for Missing and Exploited Children

The Protect Act of 2003, Department of Justice

Continue reading "Ex-Boston Sportscaster Arrested for Transportation and Possession of Child Pornography" »

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Posted In: Cyber Crimes , Sexual Crimes

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Unfortunately, domestic violence of varying kinds are all too prevalent in today’s society. As a criminal defense lawyer in Boston, I have seen very disturbing situations. I have written many times in this daily blog about how easy it is to get arrested and how sometimes all it takes is to anger the wrong person. I have handled many times where allegations of domestic abuse and attempts to get restraining orders are, in my opinion, simply a matter of strategy to gain the upper hand in a relationship gone bad. However, domestic violence does indeed occur and does have to be handled seriously.

A rather interesting love story unfolded this past week. On Wednesday, Denise F., 36, of Dartmouth (hereinafter, the “Defendant”) was arraigned in New Bedford District Court on charges that included armed assault to murder, assault and battery, and assault and battery with a dangerous weapon.

According to police, the Defendant’s live-in boyfriend returned home late from his birthday party late Tuesday night. This, apparently, was not acceptable.

Shortly thereafter, the police arrived pursuant to a call to 911. They found the boyfriend bleeding from his abdomen, having been stabbed. Inside the apartment, police found a bloody knife on a kitchen counter, court records said. Near the knife was a note.

The note, allegedly written by the Defendant, was an apology. It read, “I'm truly sorry for doing this to you, but I don't love you. I never did. OK."

The boyfriend, it would appear, took the apology to heart. He refused to go to the hospital and refused to try to get a restraining order against the Defendant. Perhaps he felt somewhat responsible. After all, he had apparently been warned. He told the police that the Defendant had threatened that she would stab him if he was not home by 10 p.m. from his birthday celebration, court records said. Clearly, he had missed the deadline.

Continue reading "Massachusetts’ Domestic Violence Case Involves Weapon And Confession" »

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Posted In: Assault , Assault and Battery , Criminal Law , Domestic Violence , Felonies and Violent Crimes , Illegal Weapons Possession , Misdemeanors , Restraining Orders

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“Why?”, you demand. I can hear you through the computer screen. Each day for about a month and a half, I have posted this daily blog suggesting that, if you find yourself on the nasty end of an investigation or criminal charge, you should consult an experienced defense lawyer as soon as possible.

“Lawyers are expensive”, you tell your computer. “I’m pretty bright…I bet I can talk my own way out of such problems. Besides, I don’t think I did anything wrong…much.” Perhaps you are the more action-oriented type who has already planned out your escape route and how best to out-drive, out-run or out-fight the police officers who might approach you at an…awkward moment.

“Besides”, you say, “I don’t like lawyers”.

Well, who does? But that’s not the point.

Ok, after many blogs about what not to do…let’s look at a case that shows how having a lawyer involved might actually help.

Kenny M., 30, of Lynn, (hereinafter, the “Defendant”) had a case pending in Salem Superior Court. He had been indicted on charges involving the trafficking and possession of drugs and guns…a frequent coupling that tends to make people nervous. He was arrested this past April.

This past Monday, the case had to be dismissed.

Continue reading "Massachusetts Criminal Attorney Defeats Drugs And Gun Prosecution" »

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Posted In: Assault , Assault and Battery , Criminal Law , Drug Offenses , Felonies and Violent Crimes , Illegal Weapons Possession

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We are now announcing a special “family plan” for the “Hey, I’ll Bet I Can Make This Situation Worse” club we have spoken so much of in this daily blog.

Lawrence, Massachusetts. July, 2008. A 1997 Honda Civic careens into a fence on Phillips Street. Eduard M., 19, (hereinafter, the “Defendant”), the driver, takes the unorthodox approach – he tells his passengers to follow him and they flee the scene. He then reports the car stolen.

It’s a good start toward individual membership. After all, what’s a simple car accident when you can have charges of leaving the scene and fraud added with very little additional effort?

Clinching this nomination, however, is the Defendant’s cousin, Jose, who then went back to the scene to retrieve his hat.

You see, Jose is a friendly guy and ended up talking about the situation with a resident of the house where the accident had occurred. He told the resident how the Defendant had been drunk, but that his auto insurance would cover damage to the fence.

Lawrence police are a friendly bunch too and one of their officers ended up engaged in the conversation with cousin Jose. So, Jose elaborated on the story. He told the officer that his cousin, the Defendant, was drunk and had a suspended driver's license, but still insisted on driving five other people home from a party on Kendall Street. Missing a turn at Dorchester and Phillips streets, the Defendant hit the fence instead.

Continue reading "Cousin Reveals Massachusetts Drunk Driver Leaving Scene And Attempting Fraud" »

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Posted In: Criminal Law , Misdemeanors , OUI/Drunk Driving , Theft Crimes , Traffic Violations , Vehicular Crimes , White Collar Crimes

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Prosecutors say that they are dismissing the criminal case against Britney Spears, who was charged with driving without a valid license. The news comes after a mistrial was declared in her case on Tuesday, following a jury deadlock of 10-2 in favor of acquitting the pop star.

The case is related to a motor vehicle crash in August 2007 involving Spears and another vehicle in Los Angeles. At the time of the crash, Spears reportedly was not driving with a valid California driver’s license. She was, however, carrying a valid Louisiana driver’s license. A misdemeanor hit-and-run charge against Spears for the accident was dropped last year.

While the defense argued that Louisiana was the singer’s place of residence when the crash occurred, the prosecution argued that Spears should have been driving with a California driver’s license because Los Angeles is her permanent home. Three witnesses testified during her trial.

If Spears had been convicted of driving without a valid license in California, she would have ended up with a misdemeanor conviction and a criminal record. The penalty for the conviction is up to six months in jail, but prosecutors say that the performer would more likely have been fined and placed on probation.

Driving without a Valid License in Massachusetts
In Massachusetts, you must have a valid license or permit to drive a motor vehicle in the state. If your license was revoked or suspended, then you do not have a valid license.

It is illegal for you to drive without a valid license, and you will face a criminal motor vehicle violation if you are apprehended. You could face a fine and jail time if convicted.

No retrial: Case against Britney Spears dismissed, AP, October 21, 2008

Judge declares mistrial in Britney Spears case, Reuters, October 21, 2008

Related Web Resources:
Chapter 90: Section 10. Operation of motor vehicle without license; members of armed forces; nonresidents; suspension or revocation of license, The General Laws of Massachusetts

Hit-and-Run Charge Against Britney Spears Dismissed, People, October 25, 2007

Massachusetts Registry of Motor Vehicles

Continue reading "Prosecutors Dismiss Case Against Britney Spears Following Mistrial in Her Driving Without a Valid License Case" »

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Posted In: Celebrity Crimes , Traffic Violations

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…Gee, and it seemed like such a controllable Commonwealth.

The Red Sox faced the ultimate test again Sunday night. And failed. Sorry ‘bout that. But, Boston officials had braced for any resulting outcry of emotion that might…overflow… into violence; they warned everybody to stay away from Kenmore Square, the area in Boston where exists Fenway Park…home of the Sox.

While thousands of fans packed Tropicana Field in St. Petersburg, Florida for the game, officials in Boston closed several streets to vehicular traffic and restricted parking in the area surrounding Fenway Park. Police cadets even handed out flyers, asking fans to celebrate…or the other… responsibly.

"I think they are excellent, given what has happened in the past here. I also appreciate that they were so on top of handing them out to everyone. As soon as you came down here, hours before, they were handing them out," one fan said. The flyer warned against the crimes of unlawful assembly, disorderly conduct and disturbing the peace, as well as the punishments for them. It also warned about the strong police presence. "Enjoy yourself, but stay on campus. Don't come down to Kenmore Square. If you come down to Kenmore Square, there will be a force of Boston police there," Boston Mayor Tom Menino said.

Well, Fenway was under control…but people staying in their neighborhoods turned out to be a mixed blessing. Fox example, Gloucester had a few people who might have found those leaflets handy.

Police responded to early morning reports of an unwanted guest at the home of M.N., 17, (hereinafter, “Defendant 1”). When they reported to the scene Melissa S., 37 (hereinafter, “Defendant 2”) was banging on Defendant 1’s door and appeared to damage it. Defendant 2 was taken into custody on charges of malicious destruction of property over $250 and disorderly conduct. When police ran a check on Defendant 2, they found that she had an outstanding warrant for speeding and driving without a license.

Continue reading "Boston Red Sox Nation Is Quiet; Assaults, Malicious Destruction and Disorderly Conduct Move To Other Areas" »

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Posted In: Assault , Assault and Battery , Criminal Law , Domestic Violence , Felonies and Violent Crimes , Misdemeanors

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The Ten Commandments had a few things to say about interaction with one’s neighbors. It might have been helpful, however, had they mentioned what would later be named “the internet” and how it would play into things. At least, it might have helped a particular Andover couple.

Friday morning, Bill and Gail J., both 51 (hereinafter, the “Defendants”), were arrested and charged with criminally harassing their neighbors (hereinafter, the “Neighbors”) over the Internet because of a property dispute.

The harassment allegedly started with a fake advertisement on Craig's List for used golf carts and other items such as unwanted memberships to a national nudist association. You guessed it...the Neighbors were listed as the people to contact. It then escalated to fake reports of child abuse to state social workers, mysteriously opened bank accounts, and threatening emails and letters, prosecutors said.

The harassment took place over several weeks in March, authorities said. According to court records, the Neighbors began receiving dozens of harassing and threatening e-mails and phone calls. At one point, DSS social workers came to their home to investigate false claims that their 14-year-old son had abused a female at school.

The Defendants pleaded not guilty to counts of criminal harassment, identity fraud and conspiracy at their arraignment in Essex District Court, as they each stood by their individual attorney. Both lawyers said the Defendants are Tewksbury High School graduates who own a realty company and have lived in Andover for nine years. They are also parents of three teenage daughters.

Continue reading "Andover, Massachusetts, Couple Arrested For Internet Crimes Of Harassment, Identity Fraud And Threats " »

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Posted In: Criminal Law , Cyber Crimes , Felonies and Violent Crimes , Misdemeanors , Sexual Assault , Theft Crimes , White Collar Crimes , Wrongful Convictions

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You know, I think prostitutes are getting a bad rap this week. Yesterday’s daily blog covered a young lady with a record for prostitution being arrest under…curious…circumstances. Today, we examine a case where a prostitute is blamed for something once again…and not for her chosen profession. It is unlikely to end the same way, though.

57-year old Leonard R. (hereinafter, the“Defendant”) had a little problem this past Sunday, apparently when he was returning home in Pittsfield. Well, he did not exactly drive to his home…he drove into his home. His speed is not indicated, but his Toyota Tundra is said to have destroyed a garage door and caused structural damage to the brick building.

According to Central Berkshire District Court records, he was driving with a revoked license. His license had been revoked because of previous drunk driving convictions.

Oh yes, he is also alleged to have been drunk at the time of the collision with his apartment building.

Well, he was now home, after all, so he left the nasty seen and went to his apartment. According to Pittsfield police, he was found "hiding in his bedroom closet".

Continue reading "Drunk Driver, Fifth Offense, Says Prostitute Caused The Accident" »

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Posted In: Criminal Law , Felonies and Violent Crimes , Misdemeanors , OUI/Drunk Driving , Sexual Crimes , Traffic Violations , Vehicular Crimes

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