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" »

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" »

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" »

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" »

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" »

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" »

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" »

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" »

“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" »

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" »

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" »

…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" »

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 " »

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" »

Here is a cautionary tale out of Lynn, Massachusetts, that could have ended much differently.

On Monday night, shortly after 10:00pm, Jackeline H., 26, of Haverhill, (hereinafter, the “Defendant”), earned the Commonwealth’s Bracelets of Shame after an alleged robbery.

According to the police, a certain unnamed gentleman (hereinafter, “Mr. Unnamed”) had just dropped off his girlfriend at her home and was now sitting in his car on Lewis Street, perhaps lost in thoughts of a lovely romantic evening, with a pile of cash just lying in the center console. $240 in cash to be exact.

Suddenly, according to the police, the Defendant suddenly appeared out of nowhere and jumped into the “Car o’ Cash”. She asked the driver if he wanted to buy a pair of sunglasses.

He answered “No”

At that point, the Defendant took the more direct approach and allegedly grabbed the money and jumped out of the car.

Mr. Unnamed, then, followed her down the street demanding his money back. This continued until the Defendant allegedly said she had a screw driver and, "Don't come any closer or I'll stab you," according to a police report.

Continue reading "North Of Boston, A Robbery Victim Gets Lucky" »

The mother of Caylee Anthony, the 3-year-old girl who has been missing since June, has been indicted for her daughter’s murder. Casey Anthony was arrested on Tuesday after police officers saw her switch cars on a highway. An Anthony family spokesperson says that Casey was about to turn herself in to police. The arrest happened before she was able to surrender.

A grand jury has indicted the 22-year-old on charges of capital murder, aggravated manslaughter of a child, aggravated child abuse, and four counts of providing false information to police. The first-degree murder charge could lead to the death penalty or life in prison if Casey is convicted. She is expected to enter a plea to the indictment within the next 30 days. Prosecutors want Casey to be held without bond.

Casey waited a month after Caylee went missing before telling anyone about the disappearance. Investigators say that while Caylee’s body has not been found, the growing evidence continues to indicate that the toddler is dead.

According to information provided by police, Casey went to nightclubs, regularly text-messaged with friends, and entered “hot-body” contests after her daughter disappeared. She also reportedly gave conflicting statements and false information to police.

Among the evidence cites by police:

• Traces of chloroform and evidence of human decomposition were found in a car linked to Casey.
• Casey reportedly asked a neighbor if she could borrow a shovel.
• Search files on Casey's computer indicate that she had looked up Web sites about chloroform and missing children.

Casey has always maintained her innocence.

Caylee's mom named in murder indictment, CNN.com, October 15, 2008

Casey Anthony arrested on busy Orlando-area highway after switching cars, Orlando Sentinel, October 15, 2008

Related Web Resources:

Caylee Anthony Timeline, MyFoxOrlando.com

Continue reading "Caylee Anthony’s Mother is Indicted for Her Murder" »

This week’s winner of the “Person Least Likely To Change His Name To ‘Defendant’ “ has been awarded to an associate member of the Hanover planning board. According to the police, his own, outside, planning board planned to violated certain laws. Drug laws. Serious drug laws.

Christopher G., 29, of Hanover, Massachusetts (hereinafter, the “Defendant”) was among five people arrested in what police are calling a major marijuana distribution ring. Police said an informal drug task force of South Shore police departments seized more than $80,000 worth of marijuana in the arrests.

Police said the Defendant is believed to be a major distributor of marijuana on the South Shore. Marshfield Police said they searched him and his Toyota 4-Runner in Pembroke on Sunday morning and seized about three pounds of marijuana. Then they searched his home. They found about 22 pounds of marijuana, and $3,000 cash, they said. Police also searched the other alleged co-conspirators and recovered about three pounds of marijuana and $11,000 cash.

Pembroke police charged the Defendant with distribution of marijuana, possession with intent to distribute marijuana, possession of marijuana and conspiracy to violate drug laws.

The Marshfield Police Department said police sought court-authorized search warrants for the vehicles and homes involved in this case during the investigation.

Continue reading "Massachusetts Official Is Arrested On Drug Bust" »

Have you ever wondered how seriously insurance companies take the possibility of fraudulent claims?

In Lawrence, Massachusetts, the city’s auto insurance fraud task force brought charges against nine people last week…all involving the very same two-car accident.

One method the task force uses for their investigations is to be on the look-out for what they call “frequent flier” cases. "Frequent flier" is the nickname the auto insurance industry labels those with five or more claims in 10 years. Such high claim totals generally raise “red flags” about the credibility of claimants and suspicions about possible fraud. Four of the nine people charged in their latest probe had filed seven or more claims.

The accident took place in January, 2003. As the story goes, a 1996 Honda Accord was driving on Bailey Street when it slid in the snow and through a stop sign at the intersection with Phillips Street, hitting a 1993 Lincoln Mark VIII. Two passengers in the Honda, however, now tell the police that the accident was a fraud. Accident reconstructionists are also of the opinion that the damage could not have been caused as described.

The “red flag” in this case? Well, let’s take the driver of the driver of the Honda, Jose C., 58 (Defendant 1). He has filed 26 auto insurance claims over a 51/2-year period ending in early 2003, including eight for accidents involving injury.

Coincidence, you say? Perhaps he is simply the unluckiest driver in the world. Maybe. But, let’s look at the owner and passenger in the Lincoln, Rita L., 52 (Defendant 2). She has had 22 auto insurance claims over a 12-year period dating back to 1996. Nine of the claims involved car accidents with reported injuries. Defendant 2 claimed to have been hurt in six of those cases.

Continue reading "Massachusetts Automobile Insurance Fraud Probe Yields White Collar Record Breakers" »

Today is Columbus Day. As we honor the adventurer who is celebrated as the man who discovered America (although other people were already living here at the time), I think it appropriate that we recognize other valiant efforts at similar discoveries. However, being that this is a daily Criminal Law blog, we unfortunately have to focus on a few not-so successful voyages.

It turns out to be easy, though; last week was not a particularly good week for voyagers to the other side of the law, especially south and west of Boston.

Let’s turn first to Tuesday in Warren, Massachusetts, where the police believe they have linked a suspect to three recent break-ins. This gentleman, Matthew W., 24, (hereinafter, “Defendant 1”), was captured thanks to his alleged intended victim – a 78-year-old woman who confronted him in her bedroom and chased him out the window.

Defendant 1 is currently being held at the Hampshire County House of Correction in Northampton, awaiting trial on charges out of Ware. Tuesday, he was arraigned at Western Worcester District Court in East Brookfield on nine counts related to three break-ins.

According to court documents, the intended not-so-helpless victim was inside her apartment in West Warren about 9:30 a.m. when she heard a voice yelling “Hello, Hello,” outside her bedroom window. She went to the window and saw a young man, who asked if she’d like him to mow her lawn. She declined and he asked her if she got out much.

Continue reading "Massachusetts Trespassers, Thieves And Adventurers Face variety Of Criminal Charges West and South Of Boston" »

In Massachusetts, four teenagers from Framingham High School were arrested on Monday after they were caught smoking marijuana behind the school. The teens are four boys, ages 14, 16, and two 15-year-olds. They were charged with marijuana possession and released to their parents custody.

According to the school official that discovered the boys while they were smoking pot, one of the teens was carrying a small bag of marijuana, as well as a pipe for smoking the drug. The teen said that he found the marijuana.

If your son or daughter has been arrested for a crime in Massachusetts, it is important that you retain the services of an experienced Boston criminal defense attorney that can protect your child's rights while providing the best defense. Your Massachusetts juvenile crimes attorney can take all the necessary steps to make sure that your son or daughter is charged as a juvenile and not as an adult.

Marijuana Possession in Massachusetts
In Massachusetts, possession of marijuana is considered a misdemeanor crime and punishable by up to six months in jail and a $500 fine. Probation is an option—depending on whether this is your first or a subsequent offense. The sale or cultivation of marijuana is considered a felony crime, and time in prison and fines may vary depending on how much marijuana is involved and other circumstances related to the arrest.

However, on election day, Massachusetts voters will be asked to vote on a proposed law that would decriminalize marijuana possession of one ounce or less. For offenders older than 18, new penalties would include a $100 civil fine and the forfeiture of marijuana. For offenders younger than 18, a parent or legal guardian would be informed of the offense, and the offender would be given the opportunity to take part in a drug awareness program. If an underage offender did not complete the program, the find would be raised to $1,000.

Proposal would make marijuana possession a matter of $100 fine, SouthCoastToday.com, October 9, 2008

Related Web Resources:

Framingnham High School Students face marijuana charges, The Metrowest Daily, October 8, 2008

DA speaks out against marijuana decriminalization, The Daily News Tribune, October 8, 2008

2008 Information For Voters: Possession of Marijuana, Elections Division

Continue reading "Four Framingham Teens Arrested for Smoking Marijuana" »

David K., 38, of Hamilton, Massachusetts (hereinafter, the “Defendant”) is getting points for consistency – negative points. He has just been arrested for his third alleged occasion of driving under the influence. In fact, he also faces bonus points for violating probation because of the arrest. Currently, he is awaiting his final score as a guest of the Commonwealth.

The Defendant came to the attention of police when he was driving just after 2:00 a.m. on Bridge Street in Beverly. Unfortunately, the headlights on his pickup truck were not on. He was pulled over and, during questioning, the officer says he smelled alcohol and noticed that the driver seemed uncoordinated as he fumbled for the registration. When asked if he had been drinking, the Defendant showed the officer a prescription bottle of Trazadone, a painkiller he said he was taking because of surgery to his Achilles tendon two years ago. According to the police report, he also told the officer that he had taken two pills — twice the suggested dosage.

Digesting all of this, the officer checked the Defendant’s information and learned that the Defendant was not even supposed to be behind the wheel in the first place. In addition to a one-year license suspension because of two similar cases last year, his license had been revoked in December for four years by the Registry of Motor Vehicles, which deemed him a habitual offender for some reason.

You see, last year, the Defendant was arrested twice in less than a month for impaired driving. On August 4, 2007, he was charged with drunken driving after sideswiping another driver on Route 128 in Danvers, forcing the other driver off the road, according to a police report. He registered a .30 on a Breathalyzer test that time and denied that an accident occurred, despite a mirror hanging off the other driver’s car and other damage.

A few weeks later, on August 30, 2007, he was driving near the intersection of Bridge and River streets when he turned a corner and crashed into the side of a car that was stopped for a stop sign, injuring one of the two young children in the back seat, according to a police report. When the police came, they saw that the Defendant, who was not supposed to be driving because of the earlier arrest, was “lethargic” and slow to respond. He explained that he had taken both Ativan and Torpol that morning. Police believe he had also taken twice the recommended dose, according to the report.

In October, 2007, Judge Robert Brennan ordered the Defendant to serve 90 days of a 2 1/2 year jail term for both cases, with the balance suspended for two years. During those two years, of course, he would be on probation.

You guessed it…that means that the new arrest violates his probation and the Defendant could now be facing another 27 months in Middleton Jail if he is found to have violated his probation. This would be on top of any additional punishment for the new charges.

The Defendant makes his next court appearance on Oct. 16th; this time the Commonwealth will be providing his transportation.

Sam’s take:

I am sure you already know that you are not supposed to drive while intoxicated. I’ll bet you even know that it is illegal to drive when your license is suspended or revoked. However, here is something that you may not know…at least today’s Defendant did not seem to know…you are not supposed to drive if you are impaired by medication, even if it is legally prescribed.

The Bridge Street Bomber seemed to think that by showing the police that he was simply under the influence of medication would somehow solve the problem of his fumbling with his registration and odor of alcohol. The “No, I’m not drunk…just under the influence of this other little beauty” approach will not, and did not, help the situation. Neither does explaining how you took a double dosage…especially when you seem to have a history of doing that.

Years ago, people did not take drunk driving very seriously. It is widely understood that this has changed in a big way. However, there are still people who think that driving without a valid license is not that big a deal. It is. Aside from being a crime in itself, driving when your license is not valid sends a message to the court that its rulings do not particularly matter to you. Judges tend to frown upon that.

And now a word about being on probation. “On probation” is not a legal term for “Care Free”. Failing to follow the department of probation’s directives means a violation of probation. A violation usually means jail. When the violation is a new arrest, the result is usually jail before the new case is even resolved. That’s right…while you are still presumed innocent of the new charges.

While on probation, you are in a state of diminished rights. You are free so long as you comply with your probation officer. You also have fewer of the safeguards afforded you when facing a regular criminal charge. While there is a hearing, there is no full-blown trial. The issue to be decided is not whether you are guilty of the new offense. It is whether you violated probation.

Again, getting re-arrested is a violation of probation.

If you have any question about your rights while on probation or what does and does not constitute operating under the influence, you should contact an experienced criminal defense attorney. Do not guess. Do not assume. And, if your ability to drive is compromised, do not drive.

Have a good and law-abiding weekend!

The full article of this story can be found at :
http://www.salemnews.com/punews/local_story_283001115.html

Ever get frustrated at the airport? Maybe the unusual experience of a delayed flight inconvenienced you. Perhaps you did not like the meal. It could be there was no meal. Believe it or not, I have even heard of extreme instances where flights were actually cancelled!

If any of these events happen to you….today’s daily blog gives an example of what not to do.

42-year-old Framingham resident Arthur N. (hereinafter, the “Defendant”) had a tough couple of days with US Airways. Things began in Las Vegas on Sunday. His flight to Boston was delayed for seven hours because of mechanical problems. He was not a happy man when finally allowed to board. So, he decided to partake of clever repartee. Perhaps it was the flight crew’s error of asking how he was. His response was that he had pneumonia.

The crew had a funny response too…they removed him from the plane and booked him on the first flight the next morning.

And so Monday morning in Las Vegas came. The Defendant got on the flight and was even allowed to stay. But it was not over yet.

Upon landing at Logan International Airport, the Defendant allegedly yelled, "This is what your airline gets for treating me bad”, as he shook a 7-ounce bottle of Dr. Scholl's Foot Powder on other travelers as he overran other passengers to leave the plane. He did not make it too far, though, and was arrested in Terminal A.

According to the police report, the Defendant told investigators that he sprayed the powder to get back at US Airways because he was "held hostage" at the Las Vegas airport for 10 hours, pulled off the plane without his bags, and was not given a voucher for food or a hotel.

Now “held hostage” by the Commonwealth, the Defendant was arraigned yesterday in East Boston Municipal Court where he pleaded not guilty to charges including disorderly conduct and interfering with the operating of the aircraft. He was released on personal recognizance.

SAM’S TAKE:

Perhaps today’s Defendant was still in the “gambling state of mind” as he left Las Vegas, betting that he could get away with getting the “final word” this way.

Bad bet.

Even before September 11, 2001, airlines did not have too great a sense of humor. Now, there is none. Make even a sarcastic remark at your own peril. Clever statements like you have a serious Communicative illness that could spread throughout the sealed aircraft cabin is likely to be handled as casually as a hysterical comment like, “I have a gun”. It is a good way to extend your stay in whatever location you are (unless you are on the plane).

Today, you have to be careful when and where you indulge your temper. What used to be called, “a fight” is treated as an assault and battery case. You can be as frustrated as you like with the airlines…but you had best be careful how you show it.

You probably do not need me to tell you that it is illegal to spray your fellow passengers and shove your way off a plane, even if you feel that they treated you badly. You may be interested to know, however, that the Defendant could be facing heavier charges…such as multiple counts of assault because of the spraying and the shoving. Perhaps they are going easy on him. After all, we know how softhearted the airlines tend to be these days.

The bottom line is that, like in the criminal justice system, the “self help” approach in certain locations, such as airlines, are not a good idea. If you feel you have been wronged, write a letter. If you feel you have been really wronged, get a lawyer.

…and, yes, if you are being detained by the Commonwealth because you went ballistic at the wrong place and wrong time, get an experienced criminal defense lawyer. You are not going to get yourself out of trouble by making confessions like, “I did it because they held me hostage”.

NOTE: The daily blog will not be so daily again this week, I’m afraid. I will be unable to post tomorrow, Thursday, due to the Jewish holiday of Yom Kippur. However, I will be back and posting on Friday.

The full article of this story can be found at
http://www.boston.com/news/local/breaking_news/2008/10/after_delay_man.html?p1=Well_MostPop_Emailed6

In Massachusetts on Tuesday, Medford resident Philip Duffy was sentenced to a life sentence plus 10 to 12 years for the rape of two deaf girls. At his criminal trial last August, Duffy, 48, was found guilty of three counts of indecent assault and battery on a child younger than 14, five counts of indecent assault and battery on a person older than 14, and posing a child in a nude state. He allegedly assaulted one of the girls multiple times over a four-year period from the time she was 12 years old. Duffy will be eligible for parole after 15 years.

In another recent rape case involving a young victim, psychiatric patient Vernon Lee Thompson is scheduled to be arraigned this week on charges that he raped a 14-year-old hospital volunteer at the Lemuel Shattuck Hospital in Jamaica Plain. Prosecutors say that Thompson raped the volunteer two times in a stairwell on July 10. A nurse reportedly saw Thompson with the girl but did not stop him. Another witness also saw them together and “separated them.”

According to the US Department of Justice, 2/3rds of all reported sexual assault crimes involve minors younger than 18. In Massachusetts, prosecutors will aggressively pursue anyone charged with the rape of a child or an adult, and the penalties if convicted are severe. This is why it is important that if you have been arrested for a sex crime, you retain the services of an experienced criminal defense law firm to protect your rights and provide you with the best defense.

Recently, new Massachusetts legislation created new child abuse crime categories, including assault and battery of a child under 14, aggravated statutory rape, and aggravated forcible rape of a child. Conviction of any of these crimes now comes with mandatory minimum prison sentences.

Philip Duffy gets life for raping 2 deaf children, BostonHerald.com, October 7, 2008

Psychiatric patient indicted on rape charges, Boston.com, October 6, 2008

Child Protection Act just a start, Wickedlocal.com, July 30, 2008

Related Web Resource:
An Act Protecting Children in The Commonwealth (H4905)

Continue reading "Massachusetts Rape Cases Involving Young Victims Continue to Make Headlines" »

William Shakespeare once told us that a rose by any other name would smell as sweet. His point was “What’s in a name?” A gentleman from Chicopee, Massachusetts, apparently agrees with him. In Chicopee, he is known as Felix Maldonado. In Waterbury, Connecticut, however, he was known as Alfredo “Eddie” Gonzalez. But to us, as well as the criminal justice system, he is now known as the Defendant.

The Defendant, 43, is currently being held without bail in Connecticut, courtesy of the Commonwealth of Massachusetts, where his various identities were finally meshed. He was returned to Connecticut in August to face 18 outstanding arrest warrants dating back to 1995 and 1996.

He had been alluding authorities for years by moving around and using a variety of aliases and birth dates, police said. After all, what good is a new identity without a new birthdate to go along with it?

The Defendant had a real talent in the fine art of escape. At one time, police said, he escaped from the rear of a state police cruiser on Interstate 84 after being stopped for a New Jersey drug charge. In Connecticut, he was known for running a major "chop shop" for stolen automobiles in the 1990s.

The last known Chicopee address for the Defendant was on Plante Circle, although it is not known how long he lived there…how long he may have lived in Chicopee…or where else he may have lived. While he was bouncing around from locale to locale, Connecticut State Police Sgt. Robert Kenney, the former supervisor of the region's auto theft task force, is said to have been diligently investigating the case

"Information obtained as a result of Sgt. Kenney and his team helped us locate the accused. Certainly, he was able to elude capture and certainly, we made all law enforcement agencies know we had active arrest warrants for him and we were looking forward to when he surfaced and he did exactly just that," said Connecticut State Police spokesman Lt. J. Paul Vance.

Vance explained that the Defendant’s elusiveness stemmed, as in other cases, from the use of aliases and other false information. "Certainly, this was great police work and he faces several felony violations which could be punishable by significant incarceration. These are serious felony charges," said Vance.

Some of the charges are larceny, operating a chop shop, abandoning a vehicle and changing a vehicle identification number. Authorities also noted that he was adept at sharing his wealth of “catch me if you can” talents and hiding the identity of various cars.

Chicopee District Court officials said the Defendant has been in the courts for motor vehicle and related offenses, assault in a dwelling while armed with a firearm and witness intimidation this year.

He has served time in the Hampden County Correctional Institution in Ludlow and is on probation in Massachusetts through June. Unfortunately, defaulting and hiding from the Commonwealth is generally a violation of probation. Doing it across state lines can also trigger federal charges.

Stay tuned, I guess, for more states, names and birthdates as word of this catch me kid circulates across the country.

Sam’s take:

They say you can’t escape your own past; that is true in the criminal justice system. Many people believe if they put some effort into it, they can hide from pending criminal charges and the authorities will forget about them. It does not work that way.

If you do not show up for a court date, the court does not take a “Well, if he doesn’t care; I don’t care” approach. The court orders a default warrant. It is a warrant for your arrest because you defaulted…in other words, you did not show up. In civil cases, a default means you have lost your case. That is generally not how it works in the criminal justice system. Except in some cases involving trials, it means that the case is on hold and they are looking for you. When you are found, you will be brought back to face the charges, only now you will probably be awaiting your trial behind bars because you have shown yourself to be a flight risk. Not only that, but most likely whatever bail you or a loved one had posted will have been forfeited because you did not show up.

Over my many years in the trenches, I have heard many excuses for not showing up in court. They vary in complexity:

“I lost the piece of paper”

“I forgot”

“The court told me I did not have to come back”

“My lawyer told me I did not have to come back”

“The court officer told me I did not have to come back”

“I was busy”

“I was on my way, but I was late because I had to drop my daughter off at school. Then I had a panic attack. Afraid I might have a heart attack, I checked into a hospital. When I was released from the hospital, I was going to come to the court, but wanted to get a sandwich first. After eating it, I felt nauseous, so I went home to lay down. I must have had food poisoning because I slept for three days. By the time I woke up…I forgot about the case.”

Ok, I admit that last one is a combination of a few excuses I have heard. And I know that sometimes something unexpected comes up. But, as far as the court is concerned, there is nothing, short of emergency hospitalization, that is more important than your showing up in court. In the case of such hospitalization, you had best show up in court at the first possible moment with some kind of proof as soon as you get out of the hospital.

If you are currently hiding from a default warrant…stop. Each day that goes by worsens your situation. Returning to court on your own is often treated differently, and more favorably, than being brought in against your will. Be sure, however, that being caught is inevitable. It may be because you were stopped for speeding, renewing your driver’s license, applying for a new job, going to pick up a check, or one of a myriad of other typical daily experiences.

The thing to do is to contact an experienced attorney as soon as possible and make arrangements to make your return to court with as little a risk as possible. Each day you wait, the risks rise.

The bottom line? You can run, but you cannot hide…for too long.

the full article of this story can be found at
http://www.masslive.com/news/index.ssf/2008/10/fugitive_felix_maldonado_also.html?category=Chicopee+category=Crime

It would seem that some people are never satisfied. Now that “The Big Dig” is completed, one particular driver was unhappy with the lanes created by the extensive project. Her solution was apparently to create a “speedy-reverse lane”.

Siobhan H, 21 years of age and Norwood of residence (hereinafter, the “Defendant”) was in court this past Friday facing various charges for her ingenuity. She had come to the attention of police when calls were received of a driver traveling on the wrong side of the highway at the Hanover exit on Route 3. She continued in her special lane, traveling almost 20 miles in the wrong direction on I-93 Southbound all the way to Dorchester in her 1998 Chevrolet Malibu. She drove at speeds over 100 miles per hour, according to the authorities.

When the police tried to stop her, she did what one would expect she would do; she tried to out-drive them. During the chase, the Defendant slammed into one car and jersey barriers. Finally, the police blew out her tires through use of “stop sticks”.

While the car chase, and the existence of her individualized lane, had now ended, the Defendant, was not quite ready to call it a day. So, she took off on foot into nearby woods. However, the inevitable did occur. She was found by state troopers and the K-9 section near the Neponset River.

Based upon keen observation of the Defendant’s demeanor and actions, the officers administered a field sobriety test and a portable breath test. She apparently consented. It was a shock to none that she failed the tests. Sources said Her blood-alcohol level was twice the legal limit.

According to prosecutors, discussion with the police further reflected her…unique… attitude.

The officer told her, "You are lucky you didn't kill someone"

Her response was "Yeah, but I didn't."

Ever seeing the glass half-full, she posted bail Friday evening. She now awaits a Pretrial Hearing.

Sam’s take:

You know, there are some days when this daily blog just seems to write itself.

Needless to say, while creativity is usually appreciated in this world, there are limits. You do not get to create your own high speed lanes going the wrong direction on highways. You do not need me to tell you that it is dangerous and illegal…in the extreme. You also know that driving drunk is similarly frowned upon.

Once again we have a defendant who seems to be a devoted member of the “Hey, I’ll Bet I Can Make This Worse” club. Aside from the obvious original crime which risked the lives of herself and everyone else on Routes 3 and 93, she tried to outrace the police while driving. She tried to outrun the police on foot. She had the absolute need to open her mouth while being arrested, giving the prosecutor even more evidence to use against her to the judge and/or jury.

She also, by the way, showed the poor judgment to agree to both field sobriety tests and the breathalyzer. While nothing has yet been proven beyond a reasonable doubt, let’s stretch our imaginations and consider the possibility that she had been drinking…to whatever state of inebriation. She knows she just drove like a crazy person and then led the police on a chase that ended in their popping her tires after she had already hit one car and the jersey barrier. What could she hope to prove by way of the two tests?

In Massachusetts, one loses one’s license for a time if the tests are refused. Did she really think that her license was not already about to be, at least, suspended? Giving new meaning to the term “dangerous driver”, combined with any other suspicion that she had been drinking was going to cost her the license for a time. Now, she has done her very best to ensure that it is for the longest time possible. Of course, she will not be needing to drive too much if confined to the local jail or state prison for the variety of charges she will now face.

Once again, if the police pull you over…go over. Particularly if you know you have been drinking, politely refuse the tests. Do not indulge the desire for clever repartee with the officers. Chances are, if you may be drunk, it will not be so clever.

Simple wisdom here, folks. Be quiet. Comply. Get a lawyer…fast.

Samuel Goldberg is the senior criminal defense attorney at the firm of Altman & Altman, P.C. A former prosecutor in New York, he has worked as a defense attorney in Boston over 18 years. He frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network

The full article of this story can be found at http://www1.whdh.com/news/articles/local/BO90313/

It is almost as if members of law enforcement have been reading this daily blog and decided to help me illustrate one of its chief lessons. The lesson?

Anybody can find themselves facing criminal charges...even someone you least expect. Maybe even you.

Today’s defendants come to our attention by crossing the aisle from the other side of the trenches.

A Suffolk County Grand Jury returned indictments Wednesday charging Medford High Football Coach and Chelsea Police sergeant James A. (hereinafter, “Defendant 1”), with misappropriating funds from the Chelsea High School football team's booster club for personal expenditures.

Defendant 1, a 43 year old Revere resident faces five counts of larceny for allegedly withdrawing approximately $10,000 from the Chelsea Football Boosters Club to use for expenses that were unrelated to team activities from 2004-07. An extensive joint investigation by the Chelsea Police Department and Massachusetts State Police together with Suffolk County prosecutors revealed that Defendant1 allegedly used the team’s funds for personal travel and entertainment purposes. In 2007, the Chelsea Police Department began the internal investigation into his misappropriation of funds from the booster club, after parents and school officials notified authorities that they were concerned about the coach’s handling of monies raised during fundraising events. Based upon their findings, the department referred the matter to the Suffolk County District Attorney’s Office and State Police assigned to the district attorney’s office.

Suffolk County District Attorney Conely called the charges “serious and troubling”. He announced that Defendant1 “abused the public trust in his role as a police officer, he violated the trust of the kids who looked up to him as a mentor and a coach, and the parents who put their faith in him. Were it not for the diligence of parents and school officials, and the hard work of prosecutors and detectives with both the Chelsea Police Department and Massachusetts State Police, he may have been able to continue to pilfer funds for kids to be used for his own entertainment.”

Defendant1, who was head coach of the Chelsea High school football team from 2004-07, was also the president of the boosters club and had sole access to a bank account established for the non-profit through TD Banknorth. In the Fall of 2006, parents who were involved in fundraising efforts became concerned about his control of the fund and complained to him. He responded to the complaints by transferring control of the account to a parent, but continued to carry an ATM card for the account. His previous colleagues allege that he used that ATM card numerous times for unauthorized personal purchases.

Monies donated to the fund were designated for the purchase of equipment and uniforms for the team, and to pay for activities for the players, including pre-season football camp. In November of 2006, parents relayed their concerns to Chelsea High School officials, who notified Chelsea Police. High schools officials did not renew Defendant1’s contract when it expired in 2007. He was also placed on paid administrative leave from the Chelsea Police department on Aug. 13, 2007, pending the result of both an internal affairs investigation and a separate investigation led by State Police detectives and Suffolk prosecutors.

“Charges such as these - whether committed by members of the public or police officers - are to be taken very seriously and investigated with due diligence and the utmost of professionalism,” Chelsea Police Chief Brian Kyes said after the indictments were returned. “Public accountability and trust is absolutely critical to the mission of effective law enforcement.”

Defendant1 is expected to be arraigned in the Magistrate’s Session of the Suffolk Superior Court on Oct. 22nd .

Meanwhile, a former Bristol County prosecutor already facing charges that he sexually assaulted a 17-year-old girl, is now accused of having a relationship with a 30-year-old female defendant in return for his influence in her case.

Arraigned Wednesday in New Bedford Superior Court, Peter C. (hereinafter, “Defendant2”), 39, pleaded not guilty to charges that include two counts of indecent assault and battery on a person older than 14, extortion, witness intimidation, and assault and battery. The charges stem from an August closed-door meeting in Attleboro District Court in which a 17-year-old girl alleged that Defendant2 kissed and groped her and said he could drop drug charges made against her boyfriend.

In addition, Defendant2 recently was indicted on two counts of a public employee accepting and soliciting a bribe. According to court records, the charges stem from an alleged relationship he had with a female defendant from May 24, 2006, to Jan. 15. Court documents did not disclose what charges the woman was facing in New Bedford District Court, or the disposition of the case.

Defendant 2 was a prosecutor for three years at New Bedford Superior Court before he was transferred in April to Attleboro, where he supervised prosecutors. Police arrested him without incident at his home two days after the alleged incident. Initially suspended without pay, he was fired last month.

The Plymouth district attorney is handling the case to avoid a conflict of interest. Defendant2 is free on $10,000 bail and is scheduled to appear in court on Nov. 21.

Sam’s takehttp://www.altmanllp.com/lawyer-attorney-1322578.html:

Defendants 1 and 2 have suddenly been struck with the lightning bolt of criminal justice reality; nobody is above suspicion. Anybody can be accused. Once accused, anybody can be indicted. Then, however you were known in your previous life....your last name, as far as the system is concerned, changes to “Defendant”.

Let’s look at some of the specific allegations in Defendant2’s alleged ill-fated attempted tryst . This guy is not just a prosecutor...he is a supervising prosecutor. He goes into work one day and, apparently, has a meeting with a defendant’s 17 year old girlfriend. Whether he is guilty or not, would he ever expect that law enforcement would end up taking her word against his? What about the word of a woman with criminal charges pending...would anyone expect the Commonwealth would entertain her claim that his proposed plea-bargain would include a sentence of love? I am willing to bet he would not have expected it.

And they may or may not actually believe her. The fact is, there is an allegation there that they ignore to their peril if it hits the press the next day. So, they feel they have no choice but to take the charges seriously and prosecute.

What do you think was going through Defendant1’s head when various expenditures were made which appear to be, at least, questionable? Was he expecting to be investigated or did he believe he was above suspicion? Perhaps he actually believed that he was entitled to spend the money as he did. Who was going to second guess him in these matters?

The fact is that nobody is above suspicion given the right circumstances. Given suspicion, once it is voiced, the question of “What happens if I don’t handle this seriously?” comes to law enforcing minds. What will tomorrow’s papers say? After all, when was the last time you heard criticism for being too tough on crime?

The solution most often chosen? Let the jury decide. In the meantime, what happens if the jury returns a guilty? What happens if they return an acquittal? Does the defendant get his life back or does everyone figure he “got away with it”?

The bottom line is that once you get pulled into the criminal justice system and have your name changed to “Defendant”, your life has changed. The less likely a criminal defendant you are....the more it will be changed. Guilty or not.

So, it is worth repeating time and time again. If you suspect you are the target of an investigation, it is critical to get an experienced attorney to advise you. At the least, he will hopefully keep you out of trouble. At the most, he may prevent a one way voyage into Criminal Justice Wonderland!

Have a good and law-abiding weekend!

The full article of this story can be found at :
http://www.wickedlocal.com/medford/homepage/x1424439618/BREAKING-NEWS-Grand-Jury-indicts-MHS-Football-Coach-Atkins , http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20081003/NEWS/810030357 and http://www.telegram.com/article/20081002/APN/810021188

"Uncle Marky”, as he is known to Cape Cod children is in trouble again. He got shot by a Harwich police officer Monday night.

Court and police records describe Marcus M, whose last name has again been changed to “Defendant” as a violent and troubled soul. At the ripe old age of 29, he seems to have already displayed an impressive gift for criminal consistency.

Defendant is a Dennis-Yarmouth High School dropout and the father of one child. He is a Level 2 sex offender after his conviction in 1998 for raping a child, 13, with force, in a dugout at the youth league baseball field on Wixon Middle School grounds in Dennis in December of 1996. At the time, prosecutors said he already had a history of violence and was serving a suspended sentence for assault in Dennis.

He was 18 years old at the time.

In 2000, Defendant was placed on probation for two years for assault and battery on a police officer in Barnstable. In 2007, he was charged with two violations of a protective order. In August, charges were filed for his failure to register his address with Dennis police. During a routine check to verify sex offender addresses, police found that he had left a Dennisport apartment just before his eviction for owing $2,196 in back rent according to court records

On Monday, the police say that they were on their way to respond to a 911 call about Defendant. En route, a Harwich officer saw and pursued him on foot to a backyard near Willow and Belmont Streets The officer ordered him to stop and then shot him once in the hip after what police called "a confrontation." Harwich Police Lt. Thomas Gagnon said Defendant appeared to have a weapon and the officer shot in self-defense. Asked if that weapon had been a knife, as rumored, O'Keefe said the matter is under investigation.

Defendant was last reported as in stable condition at Cape Cod Hospital, according to David Reilly, a spokesman for Cape Cod Healthcare, and had been admitted to the hospital. When he is able to leave the hospital, he will face arraignment of a number of offenses related to the domestic disturbance, according to Cape and Islands District Attorney Michael O'Keefe. The still-unidentified Harwich police officer who shot him is on three days' administrative leave after a check-up at Cape Cod Hospital, as department policy requires, Harwich Police Chief William Mason said.

Meanwhile, Marcus M is being described by others somewhat differently from the above described walking crime wave. They seem to know him beyond his identity as “Defendant”. Several of his friends have come forward, albeit unnamed, to describe him as "harmless," "selfless," and "caring”, They even say he is responsible and trustworthy enough to baby-sit their young children on a regular basis. The kids know him as "Uncle Marky."

They claim he is a responsible father to his daughter off-Cape, and was constantly trying to better himself by working as a landscaper for many years and, in the meantime, working toward a college degree. "He'd do anything for anybody," said one close friend. "He's a good person. He's got a good heart. He's not greedy. Marcus baby-sat my kids. If he was crazy, I wouldn't have let him. Don't believe everything you hear."

"Marcus is a genuine person," said another close friend. "He would never hurt anyone intentionally. It's mind-boggling that this is happening right now."

In his Facebook profile, he said he lives in Dennis and works as a foreman at a Harwich landscaping company. He graduated in 1999 from Cape Cod Regional Technical School in Harwich, the profile says, and currently is studying criminal justice at Kaplan University, an online university.

SAM’S TAKE:

Perhaps Uncle Marky’s most recent foray with law enforcement was merely an independent study in connection with his criminal justice studies.

Sarcastic attempts at humor aside, we seem to have a contradictory picture of Defendant. After all, the picture of a violent sex offender who keeps fighting with police hardly matches the picture of Uncle Marky, neighborhood harmless babysitter who would “do anything for anybody”.

I have been a Boston criminal defense attorney since 1990. Before that, I worked as a prosecutor in the Big Apple. I have seen more than a few criminal defendants in my time.

The truth? They are all people. Like the rest of us, they are three dimensional people who have various different sides and react to circumstances before them. The accused are not an alien people who are “pre-destined” to always be in trouble. They were not born with a scarlet letter “D” (for “Defendant”) on their chests.

In other circumstances, they might be people you like. In others, they might actually be you.

So what’s my point?

This is not a plea to understand and sympathize with the “criminal element”. It is a plea for you to realize that anyone, even someone you love and consider “selfless” could find themselves under suspicion, or even guilty of, a crime. In fact, even you could find yourself in that position.

I am still amazed when clients tell me that they have nothing to worry about because they believe that they have not done anything wrong. I cannot tell you how many clients tell me, “You know, I am not really a criminal”, as we wait for the jury to return. The problem is that there is no neon sign above people’s heads indicating levels of guilt. Actions can be misinterpreted and I have yet to meet the person who’s history, recent or distant, cannot be said to contain guilt.

I realize that the story chosen to illustrate this point today is extreme. It seems to present a career violent criminal contrasted with his friends and neighbors ready to elect him as the next Mr. Rogers. However, I have handled many cases where the person least likely to be accused of a crime is knee deep in the trenches of the criminal justice system. I also believe that many of these people were guilty only of bad judgment or simply bad circumstances. Many were not guilty. But there they were. With me. Facing judgment which may or may not reflect the truth.

The fact is that everyone involved in the criminal justice system, from the judges and jury to the prosecutors and defense attorneys, and even to the police officers and defendants, are multi-dimensional human beings. They can all make mistakes of judgment…or misinterpret such mistakes. Understanding this is key to successfully interacting with the system. Understanding it of the judge, jury, police officer and prosecutor, and utilizing it to my client’s advantage, is my job. Your job is to realize that there is no invisible Teflon-coated bubble which insulates you from prosecution because you are a good person who tries to be law-abiding in all respects and believes nobody could ever presume you guilty.

Any of us can be at risk, at the very least, misinterpretation. Further, other realities of the system (such as prejudice, personal vendetta and the omnipresent need for people to cover their own backside) can encourage such misinterpretation.

This is why, if you suspect that you are under investigation, I strongly urge you to consult with an experienced defense attorney so that you can do your best to protect yourself from what will likely be a negative life-changing event. You can say that such a view is paranoia. But remember the old adage ….”just because you are paranoid does not mean that they are not out to get you”.

The full article of this story can be found at
http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20081001/NEWS/810010326