Boston Criminal Lawyer Blog

Ok, you are sitting in your home around Boston. You hear a police car, sirens screaming, speeding down the street. You momentarily jump because of that old warrant you used to have pending against you. Then, you relax; you remember that, after you started reading this daily blog, you contacted an experienced criminal defense lawyer and cleared the warrant, and the case attached to it,up.

But then, you remember that said nasty stain still exists on your otherwise clean criminal record, or, as it is more commonly called, "CORI".

What to do?

Is there anything you can do?

Well, there might be, depending on the circumstances. Massachusetts law has changed over the years regarding the possibilities and procedures of the expungements (erasing) and sealing of criminal records.

Totally erasing any sign of a criminal matter is not generally possible in the Commonwealth. That solution is basically left for instances where the wrong person was arrested.

No, that does not mean if your defense in the case was "I didn't do it".

Continue reading "Sealing criminal records in MA- How a defense attorney can expunge/seal your record." »

In Massachusetts, a former Massachusetts National Guard sergeant is combating DWI charges involving a Concord bicycle accident that injured two cyclists. Adam Lamothe, 26, was going to plead guilty to the criminal charges of two counts of conduct after an accident and aggravated driving while intoxicated, but now he’s retained a new Massachusetts criminal defense law firm and he wants to question the victims’ credibility.

The deadly Concord DWI accident occurred in August 17, 2007 when they were struck by Lamothe's motor vehicle on South Main Street early in the morning. The two bicyclists, Daniel Gallant and Adam Boyer, got hurt. Boyer, who sustained a traumatic brain injury and a fractured skull, almost died. Meantime, Lamothe didn’t stop the car after striking the two men. When police apprehended him, he had a .17% blood alcohol level.

It turns out, however, that both men have criminal records. Now, Lamothe’s attorney wants to use these past convictions, which are admissible at trial, to help jurors determine whether the victims can be trusted to tell the truth. Gallant, who was convicted of child sexual assault, served 10 years in prison. Lamothe’s defense team believes this is important, because Gallant tried to conceal some of this history during a pretrial deposition. Boyer, was convicted in 1998 of physical assault.

It will be up to a judge to determine whether revealing the details of the men’s criminal records will outweigh any unfair prejudice or mislead a jury. Merimack County prosecutor Wayne Coull wants to keep the two men’s criminal histories out of court. He doesn’t believe their credibility should be an issue for this case because the two men weren’t even aware that they’d been hit by a motor vehicle until they recovered from their injuries.

Combating Criminal Charges
If you have been charged with a Massachusetts crime, you are entitled to representation by a Boston criminal defense law firm that will exhaust every avenue of defense on your behalf. Situations and circumstances are not alway what they seem and having an experienced criminal defense lawyer by your side is the best way to make sure that you don't get lost in the legal system and that there is someone fighting for you to ensure the best outcome possible for your case.

Cyclists' past crimes may enter DWI trial, Concord Monitor, April 29, 2009

Driver Charged With DWI After Bicyclists Hit, WCVB, August 17, 2009

Related Web Resources:
Drunk Driving, Justia

Criminal Defense Lawyer, FAQ

Continue reading "Massachusetts Man Charged with DWI Accident Wants Victims’ Credibility Questioned" »

Today, the daily Boston Criminal Lawyer Blog goes to Framingham…figuratively…where recent troubles seem to have taken place on both sides of the seriousness spectrum.

Let’s start with Adilson D., 37 (hereinafter, “Defendant 1”). He was displeased about a recent interaction with local police. So, while the rest of Massachusetts was focxussing on the weekend heat wave, he spent his early Sunday morning hours apparently repeatedly called 911 to voice his displeasure.

They did not appreciate the criticism.

Law enforcement arrived at Defendant 1’s home to arrest him, at approximately 5:47a.m., which happened, believe it or not, after a “brief struggle”, according to, Deputy Police Chief Craig Davis .

Defendant 1’s 911 complaint calls began at 4:30 a.m.. He said he was upset about being pulled over and that he had been abused by the police.

The 911 dispatcher told him to call the main phone line to make such a complaint, Davis said.

So, naturally, he continued to call 911 eight more times by 5:30 a.m.

Continue reading "Two tales from Framingham....from disorderly conduct to murder- criminal defense lawyers needed" »

A north of Boston attorney has found herself on the chair most often occupied by her clients. At least, that is, in court. Otherwise, she is in custody, held without bail, for driving offenses.

Tracy T., 32, of Revere (hereinafter, the “Defendant”) is being held without bail on what the Commonwealth alleges to be her third drunk driving charge. Well, that was one reason.

The other reason, according to prosecutors, is that she gave false information to the patrolman who stopped her.

The alleged event took place in Marblehead last Thursday morning. The Defendant was pulled over by police. Upon questioning, she is said to have given the police a phony name, date of birth and a Social Security number that turned out to be that of an elderly man. She said she didn't have her license on her, then told the officer that it was expired.

When police determined who she was, The Defendant became apologetic and then allegedly gave the kicker line, "You aren't going to arrest me, are you? I can't get arrested. I am an attorney," according to police.

Given that her line of argument was not persuasive under the circumstances (which allegedly include her failing two of three field sobriety tests and then registering a .22, more than three times the legal limit, on a portable Breathalyzer, the answer was in the affirmative.

Continue reading "Lawyer remains jailed; charged with OUI, driving with suspended license and giving false name" »

As the rest of us in the Boston area were experiencing the upcoming summer heat, a few individuals were feeling heat of another kind, courtesy of Middlesex District Attorney Gerry Leone.

District Attorney Leone announced last week that a Malden Treasury employee and nine others have been indicted for allegedly embezzling more than $518,000 in city property tax receipts.

Gia D., 27, of Georgetown (hereinafter the “Defendant”), was charged by a Middlesex grand jury on one count of larceny over $250 and a separate count of conspiracy to commit larceny.

The Defendant and a co-defendant, Alan V., 32 of Malden (hereinafter, “Co-Defendant One”), had been arrested last November. Since then, however, the investigation has continued and has now resulted in indictments for the Defendant, Co-Defendant 1 and 8 others in the same alleged conspiracy.

As they were indicted by a grand jury, these are felony charges.

According to District Attorney Leone, none of those indicted, other than the Defendant, are Malden city employees.

The alleged white collar conspiracy involved funds that kept in the Malden Treasury that had come from property owners who had overpaid their property taxes. In 2006, Malden began publishing the list of residents who had overpaid their taxes so that the overpayments could be reclaimed.

Of course, the whole idea was that the funds would be reclaimed by the people who had overpaid. According to the Commonwealth, however, the Defendant and company thought they had a better idea.

Continue reading "Outside Boston, many arrested in embezzlement scheme. Charges of conspiracy to commit larceny and larceny over $250 brought against defendants." »

Attorney Sam’s Take: Welcome to the first posting of a new weekly feature on the daily Boston Criminal Lawyer Blog. Each Friday, I will post in this particular format, dealing specifically with an issue which people face every day in the criminal justice system.

THIS WEEK: WHAT EXACTLY IS AN “ARREST WARRANT”, HOW LONG IS IT VALID AND WHAT CAN YOU DO TO GET RID OF IT?

An arrest warrant is similar to a search warrant that you hear so much about on television and in the movies. You know the scene…the detective shows up on a murder suspect’s door and asks to come in.

The suspect sneers, “Where’s your warrant?”

The Detective waives a piece of paper and the suspect frowns and opens the door to let the detective in.

The search warrant is simply an order from the court allowing the police to search a particular place. There are all kinds of technical issues with search warrants, but that is basically all that they are. An arrest warrant is simply an order from the court allowing law enforcement to take the person named in the warrant into custody.

Normally, there are certain restrictions for when an officer can take someone into custody…in other words, arrest him. With the arrest warrant, nothing else is needed. The officer finds the suspect listed on the warrant and can arrest him on the spot.

So, what do you have to do wrong in order to get an arrest warrant issued against you?

Continue reading "Have an outstanding arrest warrant in MA? Here is how to deal with it." »

By now, you have probably heard of the gentleman who has allegedly chosen the name “Clark Rockefeller”. The Commonwealth says his real name, or part of it, is Christian K.G. We, however, will simply call him the “Defendant”.

He is facing charges in Boston for parental kidnapping. However, his attorney is arguing that it is too prejudicial to have the trial in the city and that the matter should be moved to western Massachusetts.

The reason?

The defense argues that, because of the extensive media coverage, the potential jury pool has been tainted to the extent that it is impossible for the Defendant to receive a fair trial.

The argument is based on a survey done for the defense which found that more than three-quarters of respondents in Suffolk County — where potential jurors would be culled — said they were aware of the case. Of those, roughly half said they believed he was guilty.

"That’s a staggeringly high figure, even for a high-profile case," said the Defendant’s attorney.

The prosecutor, however, not to be outdone in his mathematical abilities, countered that the same poll found 52 percent of county residents had not formed an opinion.

Continue reading "Boston criminal defense lawyer seeks to move high- profile case out of Suffolk County" »

These have been big days for narcotics law enforcement specialists. State agencies as well as Boston’s various local FBI, ATF and DEA agents worked together to bring suspects to court and clients to lawyers.

Let’s take Pittsfield first. There, three daytime raids resulted in the seizure of approximately $35,000 worth of drugs as well as the alleged leader of the Bloods gang.

The hope is that the synchronized raids will bring an end to the violent crime problem that has been plaguing the area. The police chief said, “By following up in this investigation, it is our hope and expectation that we will come to a solution in some, if not all, of the violence that has plagued Pittsfield over the last several months."

The raids were a result of an ongoing investigation by the Berkshire County Drug Task Force and the Pittsfield Police Department drug unit.

Meanwhile, a South Easton man was arrested on Massachusetts cocaine trafficking charges after police seized about $30,000 in cocaine and $9,000 cash in an undercover narcotics investigation headed by Foxboro Detective Thomas Kirrane and Sharon Detective Scott Leonard of the Norfolk County Anti-Crime Task Force.

Stephen K, 52, (hereinafter, the “Defendant”) who lives at the Easton Mobile Home Park on Route 138 in South Easton, was arrested last Wednesday in the Shaw’s supermarket parking lot at 760 South Main St. in Sharon, near the Foxboro line. When he was arrested the Defendant, who also has an address in Florida, had numerous bundles of cocaine with an estimated value of more than $2,000 and more than $2,300 in cash

Continue reading "Drug Arrests made in MA -Felony Drug Charges To Follow, Including Trafficking and Distribution" »

The Supreme Court has issued a ruling that places limits on when police officers can search a suspect's motor vehicle right after making an arrest if they don't have a warrant. With their 5-4 decision, the justices determined that police must have a warrant to search the auto if the person is locked up in the cruiser and is not a threat to the officers. Warrantless searches, however, can still take place if the passenger compartment of the car was within reach of the suspect or there is reason to believe that there is evidence in the car pertaining to the crime that resulted in the arrest.

The decision supports an Arizona high court's ruling in favor of a man whose car was searched while he was handcuffed and seated in the back of a police car. During the search, police discovered drugs in his vehicle.

Rodney Joseph Gant had been arrested for driving on a suspended license. While the trial court said the drug evidence could be used against him, the Arizona appeals courts overturned the convictions because the officers had already secured the scene and their lives weren’t in danger when they searched his car without a warrant—even though there was no need to worry that the evidence wouldn’t be preserved.

In the majority opinion, Justice John Paul Stevens said that there have been way too many cases involving people who have done nothing more than commit a traffic violation who have had their constitutional rights violated because of the way warrantless searches were conducted.

Justice Samuel Alito in his dissent, however, said the ruling turns over a police practice that allows the warrentless searches of cars right after an arrest, which can be important when it is not clear whether the person under arrest was able to get out evidence or a weapon from the vehicle. He says the new ruling also makes it hard for police to figure out when a motor vehicle is concealing criminal evidence.

Police instructors and prosecutors have expressed disappointment with the Supreme Court’s decision. Civil liberties groups, however, have maintained that police regularly invade people’s privacy when they conduct warrantless searches even though suspects hadn’t been able to access their motor vehicles.

Supreme Court limits warrantless vehicle searches, Boston.com/AP, April 21, 2009

Arizona v. Gant, Oyez.org

Related Web Resource:
The Constitution of the United States of America

Continue reading "Supreme Court Limits When Police Officers Can Search A Suspect's Car Without A Warrant " »

Over the years, as a Boston criminal defense attorney, I have come across what has become an “age old question”. The question is what are the limits of disciplining one’s own children. In days gone by, the answer was apparently “whatever works”.

Fortunately, those days are over. However, as with other types of Massachusetts domestic violence matters, the pendulum seems to have swung all the way in the opposite direction. Understand that I am not a believer of corporeal punishment and I do not engage in it with my kids. However, I have seen cases where criminal charges were brought because of one slap as a response outrageous behavior.

Where does the case of Amaurys G., 28, (hereinafter, the “Defendant”) of Lawrence, fall on the chart? You decide.

On Friday night, the Defendant was arrested and charged with Massachusetts assault and battery on his children. The kids’ behavior involved arguing over a toy car.

The Defendant’s solution?

Beating the two kids, ages 9 and 10, repeatedly with a phone charger cord and throwing a bag of oranges at his daughter.

Continue reading "Father arrested for assaulting his children, posted bail- will be arraigned on Tuesday. " »

About an hour and a half west of Boston, there is a town called Holyoke. In Holyoke, Julius T., 29 (hereinafter, the “Defendant”) got arrested early evening on Tuesday. He is said to have assaulted a woman, kicked a police officer and thrown himself down a flight of stairs.

His story is not only of note because of his alleged rather unusual actions, but also because he is an example of how, in the System, one’s past always catches up.

The police were dispatched at 5:00 p.m. on an “unknown medical call”, according to Police Chief Anthony Scott. When they got there, the officers heard screaming from inside the address and people were gathered outside.

The officers entered and say they observed the Defendant at the top of the staircase yelling at someone inside a room.

The officers tried to calm the Defendant down. This attempt failed. So, they approached and handcuffed him after a brief struggle, according to police. The Defendant, however, continued to yell, scream and argue with others inside the residence. He apparently also told the officers that he was wanted in Florida, police said.

To help bring tranquility to the scene, another officer came to the bottom of the staircase and attempted to calm down a woman who was also yelling and screaming, according to police. Then, when Officers attempted to escort the Defendant outside, police say the Defendant allegedly threw himself down the stairs.

Continue reading "Holyoke man arrested for assault and A and B on a police officer" »

This past Monday’s posting of the Boston Criminal Lawyer Blog was about a gentleman who elected the “self-help” approach to criminal justice.

It did not end too well for him.

Today’s posting demonstrates that taking said approach as a family does not work out any better than when acting solo. One could also argue that it is why this daily blog should be required reading...but that’s another issue.

This time, the place was Rockland. Michelle C., 41, of Rockland (hereinafter, “Mommy Defendant”) and her son, Jason R., 24, of Abington (hereinafter, “Sonny Defendant”) were arrested on Easter Sunday for allegedly assaulting an 18-year-old Scituate man, stabbing him twice, during a dispute.

The dispute was about clothing.

According to Rockland Lt. Barry Ashton, Sonny Defendant and the alleged victim were formally friends. They had planned to meet to exchange some clothing. You see, the complainant had a Miami Heat basketball jersey in his possession that belonged to Sonny Defendant and Sonny Defendant had a hat that belonged to the complainant.

The defendants parked a white van several houses away from the home of the complainant’s sister. The complainant and an acquaintance walked over to the van but, according to Ashton, an argument started between the complainant and Sonny
Defendant, who left the van.

Apparently, a fight ensued and, according to police reports, Mommy Defendant left the van to help her son in the fight the complainant.

The complainant was stabbed twice during the fight, Ashton said, once in the elbow and once in the back

Continue reading "Family Plan Assault Bring Attempted Murder Charges Outside Boston " »

A 28-year-old mother has been charged with the murder, kidnapping, and rape of an 8-year-old girl. Melissa Huckaby was arrested last Friday in California following the discovery on April 6 of Sandra Cantu’s body in a suitcase. The piece of luggage containing her body had been thrown in a pond at a dairy farm.

Cantu was last seen on April 27 in the Tracy mobile home park where she lived. Huckaby and her 5-year-old daughter also have a home there, and Sandra and Huckaby’s daughter were playmates.

Huckaby is a Sunday school teacher. She owns the suitcase that Sandra’s body was found in and claims that someone had stolen it.

Police searched multiple locations, including the church where Huckaby taught, to find Cantu. They are also trying to find out of if there may be more victims.

Formal charges against Huckaby include one count of murder with the special circumstances of rape with a foreign object, murder in the course of kidnapping, and lewd or lascivious conduct with a child. If convicted, Huckaby could face life in prison or be put to death. Huckaby is expected to enter a plea to the criminal charges on April 24. According to KCRA 3, a Local California TV station, investigators say that Huckaby admitted to killing the 8-year-old girl but that the death was accidental.

Huckaby, who remains behind bars, has been placed on suicide watch. She has also undergone a mental health evaluation that is being presided over in the mental health court. Any mental issues would impact the criminal case against her.

The 28-year-old reportedly has suffered from depression and in recent years experienced a series of setbacks, including divorce and bankruptcy. She is also on probation for a petty theft charge that she pleaded guilty to in November 2008.

First court appearance: Tracy woman accused of murder, rape in Sandra Cantu's death, Mercury News, April 15, 2009

Slain girl's family express 'shock and disbelief' at neighbor's arrest, CNN, April 11, 2009

California girl, 8, disappears after playing with friend, CNN, March 31, 2009

Related Web Resources:
Women of Death Row

Women and the Death Penalty

Continue reading "28-Year-Old Mother Charged with Raping and Killing 8-Year-Old Female Neighbor" »

Somebody should break the news to Anthony W. Of New Bedford (hereinafter, the “Defendant”) that the criminal justice system does not give extra points for consistency. This Boston criminal defense attorney can tell you, however, that it does give extra time as a lodger in Commonwealth housing.

The Defendant has just added arrest number 231 to his 27 page rap sheet.

According to the New Bedford Police, the Defendant reached this milestone on Monday after littering and leading police on a chase.

“Hey, couldn’t this be a misunderstanding?”, you say. After all, the poor lad could simply have accidently dropped the offending trash while jogging...!

"I certainly wouldn't characterize him as misunderstood," said Lt. Jeffrey P. Silva. "I would characterize him as a career criminal."

Silva said Officer Shawn Robert pulled the Defendant over near the corner of County and Mill Streets after he saw the Defendant throw trash from his vehicle. Rather than look the other way and chalk it up to a minor offense, the officer stopped the Defendant’s car.

Initially the Defendant pulled over. That was the good news.

Then, it turned out the Defendant had neither a license nor registration. That was the he bad news.

The Defendant then told the officer that he didn't have time for this, and then drove off, nearly running Officer Robert over. That was very bad news.

Continue reading "The Boston Criminal Lawyer Blog Examines Career Criminal And Felonies" »

The daily Boston Criminal Lawyer Blog has followed the continuing problem of groping on the MBTA over the past several months.

The ongoing problem is in the news again.

The MBTA has announced an event last Tuesday which ended in the arrest of Jose V. (hereinafter, the “Defendant”). The arrest took place at the Wollaston T Station on the Red Line. The alleged crime(s)?

Multiple counts of indecent assault and battery and criminal harassment.

More specifically, the Defendant has been arrested for allegedly, and repeatedly, groping a woman several times on the Red Line.

At approximately 8:22 am, police officers were dispatched to the Wollaston T Station to meet with a woman who complained that she was being followed. After locating the woman by the fare gates, she told them that she had just seen a man walk towards her that had sexually assaulted her twice in the past.

One of the officers immediately recognized the female from reports that she had been allegedly accosted several times last year while taking the T. He asked her if the man that had just approached her was the same man that has accosted her twice before and she answered in the affirmative. According to the T, she appeared terrified and was near tears.

Officers searched the area for the suspect, who the woman described as a Hispanic male, 5-5'4" thin build, clean shaven wearing a baseball hat and a black sweatshirt. She believed he left the area on foot, possibly heading northbound on Newport Avenue. The search expanded to the north of the station, including a Wendy’s fast food restaurant to see if any of their employees might have seen the suspect. While talking to the employees, Officers noted the Defendant, a Hispanic male who was dressed in Wendy’s working attire, sweeping the lot.

Continue reading "Another Accused MBTA Sex Offender Needs An Experienced Lawyer " »

Recently, a Pittsfield man decided to take the “self-help” approach at law enforcement, much as they did in the “old west”. Well, at least, that is what his neighbors say. What do the police say? It would appear that they communicated something along the lines of, “ You have the right to remain silent, the right to an attorney…” and so on.

The result?

He says he is the victim of theft.

The police say he is the perpetrator of assaultive behavior.

While stealing things and making threats are both illegal in the Commonwealth, it was only he who stood before the court on Friday facing a felony charge of carrying a dangerous weapon and to a misdemeanor charge of disturbing the peace.

Shaun L., 29, of Pittsfield (hereinafter, the “Defendant”), apparently believed that his neighbors stole his computer. While calling the police was one possible choice, he went for Option Two. Said option is apparently confronting at least one of his neighbors with a knife and hammer and making threats, according to Pittsfield police.

And so it was that at approximately 2:30 a.m., this past Friday, the Defendant allegedly banged on the doors of two neighboring , accusing the occupants of stealing his computer. One neighbor, told police that the Defendant had a knife and hammer during the confrontation. Another witness said that the Defendant made threats about burning down the multi-unit apartment building where he and the neighbors reside.

When the police arrived, the Defendant was found in possession of the knife and hammer.

Continue reading "A Tale Of Weapons And Assaults From The Wild West Side Of The Commonwealth" »

Today’s daily Boston Criminal Lawyer Blog features two people who are well known to the criminal justice system. In fact, one of them was featured in a posting on April 7th and can be found here.

Harold P., 41, of Lynn, (hereinafter, the “Defendant”) is a former youth sports coach and Lynn Classical hall monitor. The former hall rule enforcement official is in trouble with the law.

Again.

The Defendant had faced charges back in 2002. He had been accused of a sexual assault matter concerning a Lynn Classical student at that time. In 2005, he was exonerated.
On April 4th, 2009, however, he found himself charged with domestic violence.

This Monday, the Defendant was arraigned at Lynn District Court. He posted $200 bail, but reportedly fled court before he was supposed to. Because of that, he now has an outstanding warrant out for his arrest.

"It's all a big misunderstanding," said Lynn native and Boston attorney Gary Zerola. "He has never failed in his obligations and he just misunderstood what he was supposed to do."

Continue reading "Boston Lawyer/Former Defendant Fights Domestic Violence Case" »

According to Equal Justice Initiative, there are more than 2,000 prisoners serving life sentences without parole for crimes that they committed when they were younger than 18. At least 73 of these offenders were just 13 or 14 at the time.

The US Department of Justice says that the trend of giving minors life prison sentences began in the 1990’s when there was a dramatic increase in homicides committed by juveniles. The nationwide crackdown also resulted in certain minors being tried in adult courts.

Now, Oregon, Alaska, New Mexico, Colorado, and Kansas are the only US states where a minor can’t be sentenced to life without parole. 19 US states allow children younger than 14 to be sentenced to the same terms. Pennsylvania has almost 500 prisoners that committed crimes when they were minors and who are now serving life terms without parole.

Recently, lawmakers in certain US states began to push for changes in their laws. In 2006, Colorado got rid of the sentence of life in prison without parole for minors convicted of crimes. Legislation is being considered at the federal level that would allow juvenile offenders to avail of parole. Meantime, in California, Senator Leland Yee introduced SB 999 that allows for the sentences of juveniles serving life in prison to be reevaluated after 10 years for parole.

While supporters of the practice of sentencing minors to life sentences say this punishment is sometimes necessary to keep society safe, opponents call life prison sentences for juveniles a “cruel” punishment for such young offenders. There are even two juvenile offenders who received the lifelong sentences for crimes other than murder.

Antonio Nunez, then 14, was convicted of armed kidnapping in 2001. Joe Sullivan received his lifelong sentence for raping an elderly woman in 1989. Sullivan is mentally disabled and was 13 when the sexual assault incident happened.

According to Equal Justice, most juvenile offenders who are ordered to spend their lives in prison without parole usually had to endure violence, poverty, or drugs while growing up.

When tried in adult court, juveniles can be at a huge disadvantage unless they are represented by an experienced juvenile crimes lawyer.

Teens locked up for life without a second chance, CNN, April 8, 2009

Nearly 500 teens serving life terms in Pa. prisons, Post-Gazette, April 8, 2009

Bill Introduced to Reform Life Sentences for Minors, California Chronicle, April 8, 2009

Related Web Resources:
Equal Justice Initiative

Juvenile without Parole Fact Sheet, Citizens for Juvenile Justice (PDF)

Read the Equal Justice Initiative Report

Continue reading "More than 2,000 US Inmates Sentenced to Life in Prison Without Parole Committed Their Crimes When They Were Minors" »

You know, sometimes you’ve just got to be proud to be American. After all, the pioneering spirit, that drive to be creative, still exists…even in these troubled times. Less than an hour away from historic downtown Boston, where there are a plethora of structures dedicated to our revolutionary past, is a place called Brockton.

And in Brockton, there is the fellow about which I refer. And not so far away from him, I would imagine, is his criminal defense attorney.

Gerard G., 25, of Brockton (hereinafter, the “Defendant”) went to Braintree to do his shopping on Monday. Well, not exactly shopping, according to the police. “Shopping” is when you give United States currency in return for the items you wish to take. He only did half of that.

Twice in one evening.

He was arrested the first time for shoplifting. In true pioneering fashion, he went back in.

And was arrested again.

Continue reading "Criminal Defense Attorney Needed For Two-Time Shop Lifter" »

He is a famous Boston Defense Attorney...but not necessarily for his legal work. Mainly, it is his role of client that has brought Attorney Gary Z, 37, (hereinafter, the “Defendant”) to his present notoriety. Well, there was also that 2001 People Magazine that named him as one of the “hottest” bachelors around...!

But I digress.

The Defendant, a former prosecutor in Suffolk County, has been spending alot of time, both in and out of state, at the table on the other side of the room for the past few years. These matters included things like rape allegations brought by three different complainants.

All three complainants lost; the Defendant was acquitted twice; the third case was dismissed.

Most recently, the Defendant was on trial at the Boston Municipal Court for charges of Massachusetts assault and battery . He was accused of assaulting Boston police Sgt. David O’Connor along with the accompanying charges of disorderly conduct and resisting arrest. The allegations resulted from a June 18th Celtics game which erupted in what has been called “NBA Championship Fendemonium”.

O’Connor alleges the Defendant slugged him and fled when the officer caught him urinating in public. The Defendant, however, maintains it was he who was the victim of a vicious downtown beatdown by a half-dozen cops.

Continue reading "Boston Criminal Attorney/Defendant "Not Guilty" Of Assault...Again" »

The city of Lynn’s top cop, Police Chief John Suslak, is unhappy. His ire has been raised by a ruling by the Supreme Judicial Court in Boston. On Friday, he joined law enforcement officials across the state in saying that the decision barring police from frisking suspected drug dealers for weapons in most cases endangers officers. To said officials, those pesky defense attorneys have done it again. More loopholes for criminal defendants to slip through.

To said attorneys, however, as well as the Court, those “loopholes” are Constitutional safeguards.

Last week, the SJC, the Commonwealth's highest court, ordered police to stop pat-frisking suspected drug dealers for weapons unless they have specific information the person is armed or has a history of violence. One member of the Court disagreed with the majority, claiming that the ruling puts police officers in jeopardy. Various members of law enforcement agree with that dissenting opinion and Chief Suslak.

"Police work by its nature is dangerous, and drug work is even more so," said Lawrence Police Chief John Romero. "We will comply with the ruling . . . but it's going to put officers at risk." Suffolk District Attorney Daniel F. Conley, however, is not so compliant. He has said that he wants Boston police officers to protect themselves and that he is prepared to lose some cases if a judge rules drugs were found after an illegal pat frisk.

Continue reading "Criminal Defense Attorney Wins Search Issue In Drugs And Guns Case" »

For the fourth time in a year, Boston attorney Gary Zerola has been acquitted of criminal charges. Last week, a jury found Zerola found not guilty of assault and battery on a police officer, urinating in public, and disturbing the peace.

The 37-year-old ex-prosecutor, who was once called People magazine’s “Most Eligible Bachelor,” was arrested last June on the night the Boston Celtics beat the Los Angeles Lakers for the 2008 NBA Championship. Zerola maintains that he was rifling through his wallet and counting his money when he heard someone approach him from behind.

He says he ran off after hearing footsteps behind him and was struck by a baton. He says he stopped moving after he saw that it was a police officer. He says that it was then that about half a dozen cops beat him with batons.

Zerola says he never laid a hand on any of the cops that night. He also claims that he was not urinating in public. His statements contradict the account of Boston police Sgt. David O’Connor, who has accused Zerola of hitting him before running off.

Zerola’s criminal defense lawyer, however, reportedly was able to obtain surveillance footage showing the 37-year-old Lynn native running some 60 feet in front of the cop. The attorney says that police officers struck his client on the head and in the back several times. Zerola has not filed a police brutality complaint.

A plea agreement was in the works until the jury acquitted him.

Last year, Zerola was acquitted of rape and attempted rape in cases involving two 19-year-old Massachusetts women in the Boston area. In Florida, prosecutors dropped criminal charges against him over the rape of an 18-year-old woman.

Gary Zerola claims cops beat him during arrest, Boston Herald, April 2, 2009

Zerola acquitted of assaulting Boston police officer, Itemlive.com, April 5, 2009

Related Web Resources:
The case against casanova, Boston Magazine, August 1, 2008

Gary Zerola, One of People's Top Bachelors of 2001, Accused of Rapes, The Huffington Post, April 5, 2009

Continue reading "Boston Attorney Gary Zerola Acquitted of Charges of Assaulting a Cop and Urinating in Public" »

Two disturbing stories involving the victimization of young girls have recently surfaced. The facts alleged in both cases defy belief...for most people. I, however, have been a criminal defense attorney in Boston for over nearly 20 years. Before that, I was a prosecutor in Brooklyn. I am sorry to say that these fact scenarios, horrific as they are, are not totally new to me.

In fact, I have handled similar cases.

You have probably already heard about the first of these stories – it was all over the news on Thursday. It involves a mother who has been accused of stabbing her 2-year-daughter with a scissors and trying to strangle her with an electrical cord in Gardner Wednesday night.

Susan J., 38,(hereinafter, the “Mother”) allegedly stabbed her daughter in the torso, head, and neck in a laundry room of an apartment building. The child was rushed to Heywood Hospital in Gardner and taken into custody of the Department of Children and Families.

When police arrived at the apartment building, a security guard had pinned the Mother to the floor of the laundry room, keeping her away from her bleeding daughter. Police arrested the Mother on charges that include attempted murder, armed assault with intent to murder, and assault and battery on a child with injury.

Continue reading "Child Rape And Assault Cases Reviewed By An Experienced Boston Criminal Defense Lawyer" »

In Massachusetts, Melrose YMCA girls basketball coach James Conner has been indicted on 20 criminal charges for his alleged sexual assault of two girls. The 51-year-old North Reading resident is also accused of videotaping the incidents using hidden cameras. Prosecutors say they plan to use the video evidence in their case against Conner.

Among the charges against him are four counts of indecent assault and battery on a child, five counts of rape of a child, two counts of posing a child in sexual conduct, two counts of posing a child in a state of nudity, interception of oral communication, photographing/videotaping a naked person without their knowledge, and witness intimidation.

The girls basketball coach was arrested last month and charged with raping one of his players. An investigation into the allegations led to the other rape victim, as well as more charges.

At the time of the alleged sexual assault incidents, the girls were younger than 14. The crimes reportedly took place at Conner’s home and at YMCA events.

In an unrelated incident, a Massachusetts man was sentenced to life in prison for the rape of a 6-year-old boy in a public library. Corey Dean Saunders, 27, pleaded guilty to the rape charge last month. He admitted that he got the boy to join him in the reading room while his mother was on a nearby computer. He will be up for parole in 15 years.

Massachusetts Sexual Crimes
The state of Massachusetts takes a tough stance against people convicted of raping minors. A person convicted of the forcible rape of a child under 16 years of age could end up spending the rest of his or her life in prison. This is why it is so important that you retain the services of an experienced Boston sexual crimes attorney who can defend you.

Melrose YMCA coach indicted on 20 charges, Boston.com, April 2, 2009

Mass. man charged in library rape gets life, Associated Press, April 2, 2009

YMCA Coach Indicted On Child Rape Charges, The Boston Channel, April 2, 2009

Related Web Resources:
Information for Sex Offenders, Mass.gov

How To Survive in Prison as an Innocent Man Convicted of a Sex Crime, IPT Journal, 1997

Continue reading "Melrose YMCA Girls Basketball Coach Indicted on 20 Massachusetts Criminal Charges for Allegedly Sexual Assaulting Two Young Girls " »

Eric S., 46, of North Andover, (hereinafter, the “Defendant”) is home again…for now. In fact, he is actually confined to his home and ordered to wear a bracelet monitoring system. Through the apparently successful arguments of his attorney, he is not being held in jail without bail.

But it was a close call.

The Defendant’s latest round of legal trouble resulted from a the execution of a search warrant which was served at his home on March 23rd. Police say that they found a .38-caliber revolver, 12 grams of cocaine, $70,000 cash, and pills believed to be oxycodone and Ecstasy. He was charged with possession of a firearm without a license, possession of cocaine with intent to distribute, and possession of cocaine.

That was not the start of his problems, however. The previous evening, he had been arrested as well. That time is was on another kind of warrant – arrest warrants. The warrants had been issued in Tyngsborough where police say that he was involved in an incident early Sunday morning, March 22, at Angela's Coal Fired Pizza, a restaurant owned by his wife.

During the Sunday morning incident, the Defendant allegedly beat a manager of the restaurant with a baseball bat, stuck a gun in his mouth and accused him of stealing $20,000 cash. The manager suffered a cut lip requiring stitches and bruises on his body from repeated strikes with the bat, police said.

For that incident, the Defendant was charged with kidnapping, assault and battery with a dangerous weapon, and threatening to commit murder.

Continue reading "Guns, Drugs and Assaults Result In Home Imprisonment North Of Boston " »

As last week came to a close in Lawrence, Massachusetts, its district court had a little excitement. A bomb scare was declared. Now, those believed behind the scare are facing criminal charges and need lawyers.

The reason for the bomb scare?

Perspective probation violation.

Yes, the police allege that Jamiel W.,18 (hereinafter, the “Defendant”) had been scheduled for a drug analysis test. It was a part of his probation requirements. It was also a test that he believed he would not pass.

Failing the test could land him back in jail.

Unfortunately for the Defendant, law enforcement tends to take things like bomb scares fairly seriously given that this is the age of terrorism.

Continue reading " A Bomb Threat Is Not A Good Defense To Probation Violations" »