Boston Criminal Lawyer Blog

August 29th was my birthday; never mind which one. So, when it came time to write today’s blog, I decided to see how my fellow Bostonians had celebrated the day and find out if anyone used the occasion to produce the need for an experienced criminal defense attorney.

I shortly wished I hadn’t.

I came upon a sad story from Quincy. It involved 52 year-old Wollaston man, Joseph B. (hereinafter, the “Defendant”) who spent my birthday being arrested for murder.

The Defendant was arrested on Saturday in connection with the death of 33 year-old Mary B. (hereinafter, the “Deceased”), whose body was found on Saturday afternoon in the home she shared with her child. According to a press release from District Attorney William Keating's office, the two knew each other well, but the nature of their relationship was not explained further.

Law enforcement has also declined to reveal how they believe the Deceased was killed.

Continue reading "Homicide Arrest In Boston-Area May Be A Domestic Violence Matter" »

In court on Friday, registered sex offender Phillip Garrido and his wife Nancy pleaded not guilty to 29 felony charges in the kidnapping of Jaycee Lee Dugard. Dugard was just 11 when the couple abducted her in 1991 while she was walking to her school bus stop. Her stepfather saw the abduction but was unable to stop it.

The Garridos are each charged with:

• 1 count of kidnapping someone younger than age 14
• 1 count of kidnapping for sexual purposes
• 4 counts of forcible rape with a special allegation of one strike
• 2 counts of forcible rape
• 7 counts of a forcible lewd act on a child, with special allegation of kidnapping a victim younger than age 14 for sex
• 1 count of false imprisonment by violence with special allegations of use of force, violent sex offenses, a stranger victim, and substantial sexual conduct with someone younger than 14

Phillip Garrido is also charged with a special allegation of 2/3 strikes because he has two prior convictions for kidnapping and forcible rape.

The couple is accused of keeping Dugard in sheds in their backyard for 18 years. While in captivity, Dugard bore two children, now 11 and 15, that Garrido fathered. The kids have never seen a doctor or gone to school.

On Tuesday, Garrido and his two daughters were stopped at the University of California at Berkeley campus where he was trying to give out literature and speak. Police approached him because they felt that the dynamic between him and the two girls was “suspicious.” A background check revealed that Garrido had been convicted for kidnapping and rape in 1971 and had served time in prison.

Garrido was asked to appear at his parole office the following day. He showed up with his wife and a woman named Allissa. The parole officer had never seen Allissa or the two girls. Allissa was later identified as Dugard and Garrido has admitted to kidnapping her. Phillip says he is relieved that he was finally caught. Police had been searching for Dugard for almost two decades.

Couple faces 29 felony counts, life in jail in kidnapping, CNN.com, August 28, 2009

Jaycee Lee Dugard Found After 18 Years, Kidnap Suspect Allegedly Fathered Her Kids, ABC News, August 27, 2009

Related Web Resources:
Map: Antioch home of Garrido and Jaycee Lee Dugard, Mercury News, August 27, 2009

Jaycee Dugard is Missing, MySpace Page

Continue reading "Jaycee Lee Dugard Kidnapping: Husband and Wife Plead Not Guilty to 29 Felony Counts, Including Forcible Rape, Kidnapping Someone Under Age 14, and Kidnapping for Sexual Purposes" »

Earlier in the week, I began a blog posting reminding you that, although you may think it could never happen, the criminal justice finger of accusation can suddenly arrive at your doorstep. This is true anywhere in the country. It is certainly true here in Boston where the dial of a cell phone can easily result in the need for a lawyer.

Today, I am referring to the type of matter which seems to most surprise my clients when they are suddenly face to face with law enforcement and the Commonwealth Bracelets of Shame. It involves the category of crime now known as “Domestic Violence”.

In days past, these crimes, like drunk driving, were not taken seriously enough. The police would hear of a wife-beating and the courts would basically treat the problem as a simple “family issue”. Few people were sent to jail; more people ended up dead. Usually the battered spouse. Our legal system has fixed that…and…as is common…gone over to the other extreme.

Where you aware that when the police come to your home after a report of domestic violence that, in their words, “someone is going to jail”? Now, true, there are a few exceptions, but the procedure these days is that one of the occupants in the reported disturbance is about to be the guest of the Commonwealth, even if only for a short time. Rest-assured, however, a criminal prosecution is coming. In fact, in most cases, a Clerk Magistrate’s Hearing to determine probable cause is not even available. The case goes right to arraignment and bail arguments…which means right to the defendant’s criminal record.

Continue reading "Attorney Sam's Take: Arrest For Domestic Violence In Boston" »

It’s been awhile since the Boston Criminal Lawyer Blog reviewed a story about a high speed chase. Today we discuss a racer who recently tried his luck against law enforcement. He won the runner – up prize; namely, the need for a criminal defense attorney.

The nearly 30-minute chase began after the Defendant fled from the scene of an accident. He is also said to have been driving with a suspended license.

James P., 42 of Pembroke (hereinafter, the “Defendant”) led the police on the chase on Sunday. The chase included driving in the wrong direction on each side of Route 24, speeds up to 90 miles per hour and sparks flying from two of his tires that were worn down to the rims. It ended with the Defendant’s arrest…seven years to the day after police had arrested him after another high-speed chase.

Continue reading "Suspect Driving With Suspended License Arrested After Leaving The Scene Of An Accident" »

R & B singer Chris Brown has been ordered to serve five years’ probation, in addition to six months of community labor and one-year of domestic violence abuse counseling, for assaulting performer Rihanna. If he violates the terms of his probation, Los Angeles Superior Court Judge Patricia Schnegg told the performer he could be sent to state prison.

Brown was arrested last February following an altercation with then-girlfriend Rihanna. Police were summoned after someone heard her screaming for help. Brown is accused of physically attacking her while they were riding in a sports car during a verbal dispute. He is accused of punching her, placing her in a headlock, and threatening to beat and kill her.

Rihanna did not press criminal charges against Brown, who was charged with felony battery and making criminal threats over their domestic violence dispute. He had initially pleaded not guilty to the charges and could have been ordered to serve five years in prison if convicted.

In June, he pleaded guilty to the charge of felony assault. Schnegg ordered Rihanna and Brown to stay away from each other.

Per the terms of Brown’s plea agreement, the singer is not allowed to go near Rihanna for five years. He will serve his sentence in Virginia. Richmond’s police chief will supervise the singer’s community labor. The making criminal threats charge has been dropped.

Brown will have to check in with a probation officer and see Schnegg every three months. He will return to her courtroom in November.

Massachusetts Domestic Violence
Regardless of whether or not serious physical bodily harm occurred, the state of Massachusetts considers allegations of domestic violence a serious matter. Police are supposed to arrest anyone who is accused of committing this offense.

These criminal charges cannot be combated without the help of an experienced Boston criminal defense law firm.

Chris Brown sentenced in Rihanna assault case, Boston Herald, August 25, 2009

Chris Brown pleads guilty in Rihanna assault case, CNN, June 23, 2009

Related Web Resources:
Massachusetts Law About Domestic Violence

Celebrities and Domestic Violence

According to law enforcement, the Los Angeles County Coroner has ruled that Michael Jackson’s death was a homicide.. On Monday, court documents were released that indicated that Jackson died of an overdose of propofol, a powerful sedative he was given to help him sleep. This, of course, increases the likelihood that Doctor Conrad Murray is about to experience the criminal justice system as he has been the apparent target of the manslaughter investigation. Be assured, though, his lawyer is prepared.

Dr. Murray’s attorney has already begun the defense by claiming that the police timeline of Jackson’s death is not accurate. Dr. Murray himself, who was said to be cooperating with the police investigation, released a YouTube video last week, as if from a bunker, thanking his supporters. This week, his position is that he told police the truth, but that said truth has been ignored or changed.

The bottom line for the coroner, however, is that the fatal combination of drugs given to Jackson hours before he died on June 25th in his rented Los Angeles mansion acted together with to cause Jackson's death.

Continue reading "Michael Jackson Update : Fatal Dosage Of Drugs Ruled Homicide" »

Do you think the nightmare cannot find its way to your house? A Natick couple, who happen to be attorneys themselves, are learning that it can come to anyone’s door. The nightmare of which I speak is the criminal justice finger of accusation. The parents are well-known respected lawyers in the Boston area. Their son has been accused of selling marijuana.

That might be bad enough. But the couple’s 20-year old son (hereinafter, the “Defendant”), according to court documents, instead of offering up friends as co-defendants, has offered up mom and step-dad to the authorities. He claims that they knew about his drug business and failed to stop it. They have, as one might expect, denied the allegations.

The Defendant was arrested last Friday after Natick police served a search warrant at his family’s home. Police say that they found 15 bags of marijuana, a scale and other paraphernalia, and three weapons: a shotgun, a set of brass knuckles, and a double-edged throwing knife.

According to a police report, the Defendant told officers that his stepfather helped him build a grow room for the marijuana and shared in his drug dealing profits. He also alleged that his mother instructed him to burn marijuana he had before calling police about a shooting at the family home on July 31.

According to the police report, detectives started investigating the Defendant after he was shot in the hand during a home invasion reported July 31.

Continue reading "A Search Warrant Results In Drug Arrest And Trouble For a Boston-Area Family" »

Do you think the nightmare cannot find its way to your house? A Natick couple, who happen to be attorneys themselves, are learning that it can come to anyone’s door. The nightmare of which I speak is the criminal justice finger of accusation. The parents are well-known respected lawyers in the Boston area. Their son has been accused of selling marijuana.

That might be bad enough. But the couple’s 20-year old son (hereinafter, the “Defendant”), according to court documents, instead of offering up friends as co-defendants, has offered up mom and step-dad to the authorities. He claims that they knew about his drug business and failed to stop it. They have, as one might expect, denied the allegations.

The Defendant was arrested last Friday after Natick police served a search warrant at his family’s home. Police say that they found 15 bags of marijuana, a scale and other paraphernalia, and three weapons: a shotgun, a set of brass knuckles, and a double-edged throwing knife.

According to a police report, the Defendant told officers that his stepfather helped him build a grow room for the marijuana and shared in his drug dealing profits. He also alleged that his mother instructed him to burn marijuana he had before calling police about a shooting at the family home on July 31.

According to the police report, detectives started investigating the Defendant after he was shot in the hand during a home invasion reported July 31.

Continue reading "A Search Warrant Results In Drug Arrest And Trouble For a Boston-Area Family" »

Boston-area police have been searching for two suspects in connection with a reported rape in the Coolidge Corner area of Brookline. Today, an arrest was made.

Brookline Police say that they believe that the man they arrested this morning is one of the two alleged rapists who abducted and raped a 30-year old woman as she left a taxi on Harvard Street early Tuesday morning. The arrest came after the police spotted a red pickup truck that matched the truck used in the attack. Two Boston police officers working in Brighton saw the vehicle. They then passed on the information to investigators in Brookline.

Authorities continue to search for the second suspect. No additional information was released about the arrest, but a press release will be issued later today said the police spokesman.

Continue reading "One Of Two Suspects Arrested In Brookline Rape Case" »

The police in Haverhill Massachusetts got lucky recently. They got a “two-for”. They were investigating an arson case. However, due to what they found, they arrested another gentleman who now needs a lawyer for a different type of case.

The detectives were canvassing an apartment building which had been, the scene of three Sunday morning fires, when they stumbled upon a case of sexual abuse of a 12-year-old boy,

"It was the last thing we expected to find," a police spokesman, Police Officer Zipper, said. "The nature of police work is turning over stones.''

The detectives had gone to the apartment of accused arsonist Patricia M. (herein after, the “Arson Defendant”) on a Monday night to talk to other occupants. It was there that they met the boy and Jeffrey P. 39, (hereinafter, the “Sex Defendant”) in the apartment. Through questioning, they learned that the Sex Defendant and the boy shared a bed.

After further questioning, and the wading through what the police call “stark inconsistencies”, the Sex Defendant apparently ended up admitting to having sex with the boy several times. The boy ended up confirming the admission.

Continue reading "Boston Area Police Get Lucky In Sex Abuse And Arson Investigations" »

The Massachusetts Supreme Judicial Court says that people convicted of sexual crimes before 2006 do not have to wear GPS devices if they violate parole or probation. The decision split the court 4-3. The majority, however, said that the law cannot be applied retroactively.

The case involves a Bristol County sex offender who was convicted in 1997. Russell M. Cory pled guilty to indecent assault and battery on a child. He served time in prison for several years and was ordered to serve 25 years probation.

Cory left prison in May 2006. He did not take part in mandatory counseling sessions or treatment. Soon after the 2006 law went into effect, Cory was ordered to wear a GPS for violating his probation. Cory, a Level 3 sex offender, is back in jail.

Cory found that using the GPS device, which a sex offender must wear at all times, was a physical and emotional burden. Today, the Supreme Judicial Court said that forcing someone convicted of a sex crime before 2006 to use a GPS device is an unconstitutional burden on his or her liberty and that providing Cory with his constitutional protections against government intrusion takes precedence over the concern regarding public safety.

The Massachusetts Declaration of Rights bans retroactive punishments. This means that only sex offenders convicted of committing crimes that occurred after December 2006 will have to wear the GPS bracelet when on probation.

The Massachusetts Parole Board reports that there are 82 sex offenders on parole that have to use GPS devices. The board will now determine if any of these people are affected by the SJC’s ruling.

GPS Monitoring Devices for Sexual Offenders
The GPS bracelets transmits signals that reveal a sex offender’s location. This device allows law enforcement officers to know when a sex offender has entered an area where he or she is not allowed.

In May, the Supreme Judicial Court ruled that defendants charged with Massachusetts sexual crimes but have yet to be convicted do not have to wear GPS devices.

Even if you have been arrested, charged with, or convicted for a sexual crime, you are entitled to certain legal and civil protections under state and federal law. An experienced Boston criminal law firm can make sure that your rights are protected and provide you with a solid and effective defense.

A split SJC says 2006 law violates rights of some sex offenders, Boston.com, August 18, 2009

SJC decision allows thousands of sex offenders to wander freely, LowellSun.com, August 18, 2009

Sex offender can't be required to wear GPS device, rules Massachusetts' highest court, Lawyers USA/All Business, May 11, 2009

Related Web Resources:
Sex Offender Registry Board, Mass.gov

Massachusetts Supreme Judicial Court
http://www.mass.gov/courts/sjc/

Massachusetts Parole Board

Massachusetts Declaration of Rights

It happened again last week in the south of Boston island known as Cape Cod. Two gentlemen were arrested for armed robbery of a taxi driver in Oak Bluffs. Soon, they were facing the halls of Justice in Edgartown after the brief investigation. One went to regular court. One met his attorney in Juvenile Court.

It is not a terribly unusual occurrence in today’s criminal justice system. In fact, this daily blog has posted various such stories over the past year.

I started handling cases of adult/juvenile “team-ups” back in Brooklyn when I was a prosecutor. At the time, juveniles became the drug dealer of choice because of a belief in the trade that kids would not be prosecuted. So, they would be paid the “big bucks” to do the actual hand-to-hand sales. Whether the logic was correct then or not…it is not correct now.

Juveniles get prosecuted today and said prosecution can last a lifetime.

Continue reading "Attorney Sam’s Take: A Massachusetts Criminal Defense Lawyer’s View On Juvenile Crime" »

Cameron Douglas, the son of movie star Michael Douglas, has been transferred to the Metropolitan Correctional Center after violating the terms of his house arrest. Cameron, 30, was arrested last month at Hotel Gansevoort in New York City for allegedly distributing large quantities of methamphetamine, also known as crystal meth. He is charged with drug possession and distribution.

Police apprehended him as he was allegedly about to mail a drug shipment via Federal Express. Cameron is facing a mandatory minimum 10 years in prison if convicted but he could also be ordered to serve a life prison term.

The criminal complaint against Cameron accuses him of getting his former assistant to introduce him to possible buyers. The assistant and two buyers were also arrested on drug-related charges and are cooperating with the state. The complaint contends that since 2006, buyers have paid Cameron tens of thousands of dollars for trafficking drugs.

One 2006 deal allegedly involved an informant shipping money to Cameron. Cameron then allegedly delivered a pound of crystal meth to the buyer. In 2007, Cameron allegedly received $48,000 for a pound of crystal meth that was sent via Fed Ex. Investigators say they secretly recorded cell phone conversations in June and July that detailed more drug negotiations.

This week, Cameron’s girlfriend, Kelly Scott was arrested for allegedly trying to smuggle heroin to him that had been inserted in the battery compartment of an electric toothbrush. Cameron was under house arrest at the time.

Drug crimes are considered very serious offenses and Massachusetts law imposes strict punishments upon those convicted. Your career and the rest of your life could be at stake.

The best way to combat the charges and secure the best outcome possible for your case is to contact our Boston drug possession law firm today.

Girlfriend of Michael Douglas' Jailed Son Arrested on Smuggling Charges, Fox News, August 12, 2009

Michael Douglas' son could get life in prison, Reuters, August 7, 2009

Related Web Resources:
Massachusetts Drug Sentencing Laws

Drug Policy Forum of Massachusetts

Today, the Boston Criminal Lawyer Blog returns to a subject that dominated headlines for much of the early months of the year. This would be the Bernard Madoff nightmare and his infamous Ponzi scheme. As you will recall, we learned that the Ponzi scheme was originated here in Boston and many of Madoff’s victims indeed lived here in the Commonwealth.

Yesterday, in a New York courtroom, a gentleman by the name of Frank DiPascali, 52, (hereinafter, the “Defendant”) proved all of us who claimed that Madoff could not have acted alone right…thereby exposing Madoff to be, among other things, a liar.

Now, that’s a surprise, isn’t it?

The Defendant pleaded guilty to conspiracy, securities fraud and eight other charges Tuesday as part of a cooperation deal in which he's expected to help prosecutors target other suspects in the massive embezzlement scam.

Continue reading "White Collar Co-Conspirator Pleads Guilty In Boston-Created Ponzi Scheme" »

This seemed like a fitting blog to post after the three-part series on drug possession. A young gentleman from Braintree is alleged to have kept a virtual treasure-trove of marijuana and evidence of intent to distribute in his car. Detectives found the car. Now, one would imagine, he has found a criminal defense attorney.

The arrest of Braintree’s 19 year-old Paul M. (hereinafter, the “Defendant”) actually took place on Wednesday. It was the result of a two-month investigation into what law enforcement believed to be drug trafficking.

Braintree Deputy Police Chief Russell Jenkins said detectives found an undisclosed amount of marijuana inside the vehicle, as well as scales, plastic bags, drug paraphernalia, other evidence of drug sales and $1,750 in cash. The Defendant was charged with possession of marijuana with intent to distribute and was arraigned in Quincy District Court.

Continue reading "Boston-Area Teen Arrested For Drug Distribution " »

We have discussed the realities of being arrested for possession of controlled substances in Boston. We have investigated the importance of the location of that arrest. I have painted, I suppose, a fairly bleak picture. However, I have also told you that an experienced criminal defense attorney can make a difference as to the disposition of the resulting criminal matter.

There are certain defenses which are available in drug possession cases. Some of them may seem obvious, but given the state of the law, they need to be pursued in a particular way.

For example, it is probably already apparent that if there are no drugs in your possession when the police come, that it makes it harder to prosecute you. This is probably why I see many cases in which, upon seeing the police approach, the soon-to-be-defendant simply drops the bag of drugs down and runs away in hopes that, since the drugs are no longer in his hand, he cannot be prosecuted. Actually, that little gesture has not helped him at all. In fact, it has hurt him.

Continue reading "Attorney Sam’s Take: Arrested In Boston For Drug Possession – Part Three (The Defense)" »

The 88-year-old Canton woman who accidentally ran down a young girl at a Stoughton crosswalk on Route 138 on June 13 has been ordered to serve six years of probation and pay a $200 fine for the 4-year-old’ s death. Isle Horn had pleaded guilty to the charge of Massachusetts motor vehicle homicide.

The Stoughton pedestrian accident happened as 4-year-old Diya Patel, her grandfather, sister, and brother were crossing the street. Horn is accused of hitting the girl with her vehicle. Diya’s body was thrown 62-feet into the air.

Prosecutors contend that the elderly driver didn’t try to slow down or step on the brakes and that Diya was visible about 375 feet before Horn struck her with her vehicle. They had asked that Horn serve a minimum probation of 15 years. Horn is barred from ever driving again. She lives in a Canton nursing home.

Horn was also behind the wheel on September 14, 1992 when she and her husband were involved in a fatal car crash. She reportedly fell asleep while driving and her 73-year-old husband, Charles, died from fatal chest injuries.

Massachusetts Motor Vehicle Homicide
The charge of motor vehicle homicide is a serious criminal offense in Massachusetts. The felony charge usually involves negligent or reckless operation while under the influence of alcohol or drugs resulting in another person’s death. To charge someone with misdemeanor motor vehicle homicide, prosecutors need to prove that either alcohol or drugs were involved or the motorist was operating recklessly or negligently.

A conviction for either charge usually results in jail time.

If you have been charged with Boston motor vehicle homicide, there may be reasons why the charges should be dropped or reduced. An experienced Boston criminal defense lawyer may also be able to help you reach a plea agreement resulting in a less harsh sentence.

End of road for driver, 88, Boston Herald, August 7, 2009

Elderly Mass. driver pleads guilty in girl's death, Newsday, August 6, 2009

Related Web Resources:
Read the court statement from the case

Motor Vehicle Homicide, Massachusetts General Laws

Continue reading "88-Year-Old Driver Sentenced to Probation for Massachusetts Motor Vehicle Homicide of 4-Year-Old" »

You have been arrested for drug possession. You had some cocaine in your pocket as you were going home last night. You are a visitor to Boston and so brought lots of cash to get you through your visit. As you returned home last night to your hotel, the police thought you looked like a suspect they were looking for in a robbery. The good news is that you were not identified by the "muggee".
The bad news is the police found the cocaine. And the money. Now, you are in custody waiting to meet your defense attorney.

Does this sound like an unlikely scenario to you? It really isn’t. But I have not even hit the worst part yet. Remember that “lots of cash” I mentioned above? That has convinced law enforcement that you were possessing the cocaine with the intent to sell it. Not bad enough yet? How about that you are also being charged with being in said possession in a “school zone”?

That last little charge opens you up to a mandatory sentence to be served after the sentence for the possession with intent to distribute.

Now, not being terribly familiar with Boston, you look at your lawyer in disbelief as he tells you this. You did not see any schools around where you were walking.

The fact is…you did not have to.

Continue reading "Attorney Sam’s Take: Arrested For Drug Possession In A Boston School Zone – What Do You Do? Part Two" »

A grand jury has indicted Plaxico Burress, the former wide receiver for the New York Giants. The criminal charges include two felony counts of criminal possession of a weapon and one count of reckless endangerment.

If convicted for the weapons charges, Burress, 31, could face 3.5 to 15 years in prison. He could be ordered to serve up to one year for reckless endangerment. If he is convicted of all charges, he could serve his sentences concurrently.

Burress already has pleaded not guilty to the weapons charges. He is free on $100,000 bail.

The incident leading to the criminal charges against Burress occurred last November after the football star and Giants linebacker Antonio Pierce went to a nightclub. Burress accidentally shot himself in the thigh and was taken to a hospital.

Burress is not licensed to carry a gun in New York. Just hours before the incident, the Giants had decided he couldn’t play in the next football game because he had strained his hamstring in the leg that he shot.

Pierce was not indicted on any criminal charges.

Burress caught the winning touchdown during last year’s Superbowl when the Giants defeated the New England Patriots. He is currently a free agent.

In Massachusetts, gun charges can be tough to combat unless you’ve got an experienced Boston illegal weapons possessions law firm representing you. The state has very strict gun laws that come with harsh penalties for offenders. However, there may be reasons why weapons possessions charges against you should be dropped or reduced.

Reports: Burress Is Indicted by Grand Jury, Washington Post, August 4, 2009

Plaxico Burress Shoots Himself Accidentally, New York Times, August 4, 2009

Related Web Resources:
Plaxico Burress

The General Laws of Massachusetts

Continue reading "Grand Jury Indicts Former New York Giants Football Player Plaxico Burress on Weapons Possession Charges" »

So, you were out last Saturday night in Boston, enjoying the ten minutes or so that it was not raining. You figure you will celebrate with the herb of your choice. After all, this is 2009 and you can just light up some marijuana you have in your pocket and toke away, you figure. So…why do you find you need a defense attorney come Monday?

The current drug laws, including those involving marijuana, can be somewhat confusing...on or off of campus

For example, passage of the so-called decriminalization of marijuana has created a certain amount of misunderstanding. While it is not actually criminal to be in possession of an ounce or under of pot, it is not exactly celebrated either. The marijuana can be taken from you under the statute and you may have to pay a civil fine.

On the other hand, the circumstances of the arrest can still bring you back into the spotlight of criminal prosecution. For example, if there are reasons to believe you may be sharing or selling the drug, you can still be prosecuted for either trafficking or possession with intent to sell. Further, if you are under age, there are other provisions in the statute that effect you.

Continue reading "Attorney Sam’s Take: Arrested For Drug Possession In Boston – What Do You Do? Part One" »

The Boston Criminal Lawyer Blog has discussed many cases which involve elements to which law enforcement and the courts are particularly sensitive. Today’s posting involves one such class of victim, namely, children. In this case, it is the mother who faces criminal charges.

As the prosecutor told the court last Friday, police responded to a report of a 3-year-old being Kristen P. 27, (hereinafter, the “Defendant”) was charged with reckless endangerment to a child and assault and battery on a child and was held on $10,000 bail after arraignment in Lowell District Court. According to the police, they found her 3 year old son locked in a sweltering, filthy attic. The boy was naked, covered in urine and feces, and had several minor bumps on his forehead. Further, the police say that the temperature in the attic was over 100 degrees. The attic door was locked and the only window inside was nailed shut.

Officers say that another boy and a girl at the home told them that the Defendant took the 3-year-old by his arms ''and dragged him upstairs to the attic.'' The children told officers such things happened ''a lot.'' Apparently, ''Mommy does this when she gets angry.''

Continue reading "Arrested For Assault, Battery And Child Endangerment, Massachusetts Mom Loses Children And Freedom" »