Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network.
To speak to Sam about a criminal matter call 617-492-3000.

November 30, 2009

High School Football Player Pleads Not Guilty to Massachusetts Assault and Battery Charge for Head-Butting Opponent

James LaShoto, a 17-year-old football player for Arlington High School, has pleaded not guilty to a Massachusetts assault and battery charge for head-butting Daniel Curtin, an Abington High School player during a September 19 game. He entered his plea last week in Cambridge District Court before being released on personal recognizance.

Police say that the alleged incident occurred after Curtin’s helmet was knocked off. He was unable to play for 10 days following the head-butt, which was captured on video. Curtin says that LaShoto of pulling off the helmet before head-butting him.

Arlington Catholic suspended LaShoto for two days. The 17-year-old and his family have apologized for the incident and they acknowledge that his behavior was wrong. However, LaShoto's defense attorney maintains that head-butting someone during a football game is not a crime and the matter should therefore not be pursued in criminal court.

LaShoto is scheduled to reappear in court next month.

Assault and Battery
For a jury to convict a defendant of Massachusetts assault and battery, the prosecution must either prove that the defendant committed reckless assault and battery or intentional assault and battery beyond a reasonable doubt. Intentional assault and battery involves an unjustified and offensive/harmful act of physical contact that caused injury to a victim. Reckless assault and battery involves reckless conduct by the accused that caused physical injury to the victim.

Maximum penalty upon conviction for Massachusetts assault and battery is 2.5 years.

Arlington Catholic High School football game headbutt gets assault charge, Boston Herald, November 28, 2009

High School Football Player Charged For Head Butt, WBZ, October 30, 2009


Related Web Resource:
Chapter 265 Crimes Against the Person, The General Laws of Massachusetts

Continue reading "High School Football Player Pleads Not Guilty to Massachusetts Assault and Battery Charge for Head-Butting Opponent" »

November 25, 2009

Massachusetts Police Officer Is On Trial For Assault and Battery With A Deadly Weapon

Sometimes the memories of Thanksgivings past are ones you might prefer to forget. Take a particular North Adams police officer who was testifying at a criminal trial-his own, side by side with his criminal defense attorney.

The events at issue took place last Thanksgiving.

Officer Joshua M. (hereinafter, the “Defendant”) is on trial for two counts of assault and battery with a deadly weapon, one count of assault and battery, one count of witness intimidation, and one count of filing a false police report about the incident, which involved treatment of a Pittsfield prisoner. The defense is that because said prisoner was covered with his own excrement from the middle of his back down to the back of his knees, the Defendant felt he had fewer options in trying to restrain the drunk and combative man.

The Defendant testified that he didn't pat down the Matthew T. (hereinafter, the “Prisoner”) at the North Church Street scene where the Prisoner had caused a disturbance by kicking doors and defecating on a welcome mat. He further explained that his training indicated that he should avoid touching bodily fluids to prevent exposure to potentially infectious diseases.

Continue reading "Massachusetts Police Officer Is On Trial For Assault and Battery With A Deadly Weapon" »

November 25, 2009

Boston Doctor Held in Child Sex Ring Case

Dr. John Mark Felton, a vice president of Acambis Inc., a Cambridge vaccine development company, is scheduled to be arraigned today. He is accused of traveling to Alaska to take part in a child sex ring.

Felton is accused of intending to have sex with a 6–year-old boy in a tryst that had been arranged by the minor’s father. Felton allegedly planned on dressing the boy in a Spider-Man costume. He also is accused of purchasing Hannah Montana toys for the 6-year-old’s 7-year-old sister and offering to babysit the children in between “sexual assaults.”

The Back Bay physician was arrested on November 16 in Anchorage at Ted Stevens International Airport. Felton is said to have informed police that he brought costumes for the boy.

Felton allegedly was supposed to meet “Bob” and his kids at the airport baggage carousel. Instead, he was greeted by ICE Senior Special Agent Kevin Laws.

The sexual crimes case against Felton is supposedly based on pages of online conversations that began in February 2008. On Wednesday, a federal grand charged the British national with attempted aggravated sex abuse. His arraignment was scheduled for this past Monday.

Arrest for any kind of sex crime is serious—especially if the alleged victim or intended one is under 14 years of age. Some sex crime convictions can lead to life in prison. Conviction for a Massachusetts sex crime also results in one’s name being placed on a list of registered sex offenders. This can seriously limit a person's professional and personal opportunities even if he/she has already served time for a crime.


Massachusetts sexual crimes involving child victims include:
Child sex abuse
• Forcible rape of a child
• Indecent assault on a child under age 14
• Sexual assault
• Assault with intent to rape a child
• Child pornography-related charges
Solicitation of a minor using the Internet
• Statutory rape (the alleged victim is younger than 16)

Back Bay doc held in kid sex case, Boston Herald, November 23, 2009


elated Web Resource:
General Laws of Massachusetts

Continue reading "Boston Doctor Held in Child Sex Ring Case" »

November 24, 2009

Boston-Born Shooting Victim Becomes Homicide Casualty Of Street Crime

There is a tragic scene taking place in north of Boston city of Lynn. It is playing out on the Victim side of the criminal justice equation. It will also likely mean bad news for a particular assailant when it is time for arrest and attorney- life without parole type of bad news.

The family of Vincent G., a 30-year-old man (hereinafter, the “Victim”), faced with determinations of his being brain dead since being shot in the head Sunday morning are planning to remove him from life support.

About the shooting-turned homicide we know only a part. Apparently, at approximately 1:00 a.m. on Sunday, the Victim was shot once in the head outside Soriano’s nightclub in Lynn. His fiancée who was at the scene is said to desperately tried to keep him alive at the scene, giving him CPR as he slowly slipped away in her arms.

The Victim was taken by ambulance to Salem Hospital and then air-lifted to Boston Medical Center.

Originally, the family had hope that the Victim would survive, clinging to promising signs of his occasional blinking or coughing.

“We thought he was going to make it, but he’s brain dead,” explains a family member. “The bullet is still there in his brain and they can’t get it out because his brain is so swollen. So his mom asked us to say our last prayers because she decided to pull the plug.”

Continue reading "Boston-Born Shooting Victim Becomes Homicide Casualty Of Street Crime" »

November 23, 2009

Massachusetts Student Faces Both Misdemeanor And Felony Charges Stemming From Hit And Run Case

Bruce Springsteen wrote a song claiming that “Summer is here and the time is right for racing in the street”. Well, it is not summer and the time certainly isn’t right for street speeding. The lesson, however, is a little late in the learning for 17-year-old Michelle M. of Methuen (hereinafter, the “Defendant”). Accused of drag racing in Lowell by witnesses, the young lady will be facing charges alongside a criminal defense attorney.

According to the police, the Defendant will be charged with leaving the scene of an accident causing personal injury. The injured party was a 12-year-old boy who was struck by a car during what witnesses claim to be a drag race and thrown about 20 feet. Allegedly, because leaving the scene of an accident is a misdemeanor, the Defendant is going to be summoned to court at a later date and was not arrested. She has, however, lost her license.

According to witnesses, the racers had run a red light before one of the cars struck the boy. The boy is listed in fair condition with internal and head injuries at a Boston hospital.

According to the police, the Defendant, having left the lad for dead, fled the scene and went to a Lawrence hair salon, got her hair done and then reported to the police that her car had been vandalized.

Continue reading "Massachusetts Student Faces Both Misdemeanor And Felony Charges Stemming From Hit And Run Case" »

November 19, 2009

A Night Out In Boston Results In Charges Of Rape, Attempted Murder And The Need For A Lawyer

Chris W., a 22-year-old Hanson man (hereinafter referred to as the “Defendant”) spent some time in court this week and undoubtedly got to meet a nice new criminal defense attorney.

The visit was occasioned by some pretty serious felony charges.

You see, apparently the Defendant and a young lady (hereinafter, the “Complainant”) went to Boston Saturday night. They went back to Hanson later and that is where the trouble is said to have started.

Apparently, the Complainant and the Defendant had an argument in her Hanson home. The women told police that the Defendant then went into her basement bedroom and forced himself on her, putting his hand on her mouth to muffle any screams. He then grabbed a plastic bag and put it over her head and lifted her up. As she tried to flee, he then is said to have thrown her to the floor and, banging her head against a wall and dresser, said, "You're lucky to be alive, and I should kill you."

Continue reading "A Night Out In Boston Results In Charges Of Rape, Attempted Murder And The Need For A Lawyer" »

November 19, 2009

Woman Charged with Kidnapping Elizabeth Smart Pleads Guilty and Says Sorry

Wanda Eileen Barzee, the woman charged with kidnapping teenager Elizabeth Smart in 2002, has pleaded guilty to federal charges of unlawful transportation of a minor and kidnapping. The 64-year-old says she will plead guilty to state charges of conspiracy to commit aggravated kidnapping.

At her court hearing on Tuesday, Barzee issued an apology to Smart for the role she played in the teenager’s abduction. As part of Barzee’s plea agreement, she will help prosecutors with their federal and state criminal cases against Brian David Mitchell, who is her husband.

Now that she has pleaded guilty, Barzee is expected to serve 15 years in federal prison. Her formal sentencing has not yet taken place. If Barzee had been convicted, she might have been sentenced to life in prison.

Mitchell and Barzee are accused of kidnapping Smart, then age 14, from her home. Barzee has admitted that she encouraged her husband to abduct the young girl and that they planned the kidnapping together.

In her plea agreement, Barzee says that she helped her husband control, confine, sexually assault, and transport Smart out of state and back. Smart was found with the couple nine months after her abduction.

Barzee, who was been staying at a Utah State Hospital, was recently declared competent to stand trial following years of being forced to take psychotropic drugs while at the mental hospital. Her husband’s competency hearing is scheduled to continue on November 30. His defense attorney says that he is incompetent and cannot defend himself during a criminal trial.

Kidnapper apologizes to Elizabeth Smart, will cooperate, CNN.com, November 18, 2009

Captor of Elizabeth Smart to serve 15 years, Los Angeles Times, November 18, 2009


Related Web Resources:
Read the Plea Agreement (PDF)

Timeline of Smart Case

Continue reading "Woman Charged with Kidnapping Elizabeth Smart Pleads Guilty and Says Sorry" »

November 18, 2009

Charged With Embezzlement, Massachusetts Official Faces Felony Charges Of Larceny

Joseph L., 43, of Derry, New Hampshire, (hereinafter, the “Defendant”) was once a happy and successful man. A father of five, he built himself up from obscurity in Brockton to the purchasing director for North Andover, Massachusetts. Now, divorced and placed on leave, he is in need of a criminal defense attorney. A court-appointed defense attorney, in fact.

The week began with his turning himself in to North Andover police upon learning that there were warrants out for his arrest.

According to the Commonwealth, the Defendant is guilty of embezzlement. Specifically, the prosecution says that, during his two years as the town’s purchasing agent, he only performed one half of his job correctly. They say he sold surplus town vehicles and snow plows on eBay (the half he was supposed to do) but that he pocketed the money himself (the half he was not supposed to do).

One must wonder how much such augmentation to his salary helped given that the court determined that he qualified for a court appointed attorney, meaning that he was without the funds to afford his own.

Continue reading "Charged With Embezzlement, Massachusetts Official Faces Felony Charges Of Larceny" »

November 17, 2009

Boston-Area Prostitution Sting Endangers Child Custody As Well As Liberty

On November 6, 2009, Cambridge police officers undertook an expertly planned and brilliantly executed sting operation despite the obvious danger. Their bravery and expertise paid off. Now, the streets are safer as a result of the four resulting arrests. Well, not the streets, exactly. More like the hotel rooms from which the four alleged prostitutes were plucked and later introduced to criminal defense attorneys.

As most of you probably know, violent street crime and break-ins have all but vanished in Cambridge, which is why laws enforcement can now concentrate on these dangerous predators of the night.

A temporary headquarters for surveillance purposes was set up at a Massachusetts Avenue Hotel after one of Cambridge’s Finest, in an undercover capacity, threw caution to the wind and set up an appointment with a woman through personal ads in the Boston Phoenix. Through expertly demonstrated police work, he got her to agree to meet with him for the price of $200 an hour for “services”.

Finally it was 6:55pm – ShowTime.

Continue reading "Boston-Area Prostitution Sting Endangers Child Custody As Well As Liberty" »

November 16, 2009

Lawrence Jury Finds Murder Defendant Guilty Despite Self-Defense Claim

19-year-old Lynn man Walter C. (hereinafter, the “Defendant”) faced Justice last week, attorney by his side, in Lawrence Superior Court. The verdict was guilty. The sentence was life in state prison. The charge was second-degree murder taking place in August, 2008. Any change of fate is now in any potential appeal.

The jury had been out for approximately four hours before returning a lesser verdict of second-degree murder - an intentional killing done with malice - instead of first-degree premeditated murder initially charged against the Defendant by the state. Immediately, the Defendant was given the mandatory punishment of life in state prison. Normally, the Defendant would be eligible for parole after serving 15 years in state prison. However, he was also found guilty of carrying a firearm and given a consecutive 30 month sentence to serve.


The Commonwealth alleges that the homicide was the result of the drug trade. They alleged that the deceased’s cousin had told the him that the Defendant had stolen $30 and several bags of marijuana. When the deceased went looking for the Defendant and confronted him, the deceased apparently shot once at the Defendant, but missed him. The Defendant then chased down the deceased and shot him in the head, killing him.

The Defendant took the stand and admitted firing the gun, but said he was being shot at and defended himself under a combat situation.

Continue reading "Lawrence Jury Finds Murder Defendant Guilty Despite Self-Defense Claim" »

November 14, 2009

Sixth Family Members Arrested for Child Sex Abuse

Six family members have been arrested in connection with a child sex abuse investigation involving at least six alleged victims. The men who were arrested are Mohler brothers Burrell Edward, 53, David, 52, Jared Leroy, 48, and Roland Neil, 47, their 77-year-old father Burrell Edward Mohler, Sr., and his 72-year-old brother Darrel. Criminal charges against them include deviate sexual assault, rape, and use of a child in sexual performance. More charges are expected.

The Mohlers are accused of sexually abusing six of their relatives when the alleged victims were minors. Now adults, the people who have come forward are accusing the men of rape, forced abortions, mock weddings, and sexual performances.

Darrel Mohler, who has been charged with two counts of rape of a child under 14, says he knew “what was going on in Missouri” and had not been there since the ‘80s. He is accused of raping two relatives, age 6 and 5, during a sleepover. According to prosecutors, after the alleged incident, Burrell Mohler Sr. told the crying girls to be careful that the waterbed didn’t burst and drown them.

Another man, Mark Young, says his son is also a sex abuse victim. Young’s ex-wife married Burrell Edward Mohler Jr. Young says his son was 7 at the time of the alleged child sex abuse.

The alleged assaults are said to have occurred between the mid ‘80’s and at least through the mid 90’s. Police are looking for at least one body.

Burrell Mohler Sr., Jared Mohler, and David Mohler are lay ministers with the Community of Christ Church, which has since suspended their priesthood licenses.

Another man, Mohler family associate Larry Kidd, was arrested but later released. At this time he has not been charged and is working with investigators.

Police arrest sixth member of family accused of child sex abuse, CNN, November 14, 2009

Sixth Man Charged in Mohler Child Sex Case, Fox4kc.com, November 13, 2009

Father, 4 sons in court on sex charges, UPI, November 12, 2009

Related Web Resources:
Massachusetts Laws About Sex

Sex Offenders, Mass.gov

Continue reading "Sixth Family Members Arrested for Child Sex Abuse" »

November 13, 2009

Boston Criminal Lawyer Leaves Murder, Rape And Robbery Behind In Commonwealth

Attorney Sam has left the Commonwealth today on a pending matter and so regrets to inform you that the weekly :Attorney Sam's Take will not be posted today.

Both he, and it, will be back on Monday.

In the meantime, have a good, safe and law-abiding weekend!

November 13, 2009

Suffolk District Attorney Says Not Enough Evidence to Pursue Massachusetts Rape Case Against Boston Cop Accused of Assaulting Female Police Officer

Citing a lack of evidence, the Suffolk District Attorney's office says it will not file Massachusetts rape charges against a male Boston police officer accused of sexually assaulting a fellow cop. The announcement comes after prosecutors and detectives conducted a probe into the allegations by the female officer, who says that the male cop sexually assaulted her numerous times in August and September.

Boston Police detectives examined phone records, text messages, hotel records, and other documents, as well as interviewed over two dozen people. The female officer’s husband says that he and his wife plan to keep pursuing the case. They say the sexual assaults took place in several jurisdictions, including Boston.

The female officer says that the male cop forced her to have sex on several occasions and she became pregnant. She says that she had sex with him when he demanded it because she was scared of him.

The male cop has always maintained his innocence.

Massachusetts Rape
Rape allegations are very serious accusations against someone and the punishment for committing this type of sexual assault can be very serious. Not everyone accused of rape is guilty of the crime it is important that a suspect obtain the best representation possible to ensure the best defense against these charges.

Prosecutors will not pursue rape case against Boston police officer, Boston.com, November 2, 2009

Boston Cop Denies Raping Fellow Officer, WBZ, October 5, 2009

Text Messages Raise Questions About Cop's Rape Claim, The Boston Channel, October 3, 2009


Related Web Resources:
Police Department: City of Boston

Suffolk District Attorney's Office

Continue reading "Suffolk District Attorney Says Not Enough Evidence to Pursue Massachusetts Rape Case Against Boston Cop Accused of Assaulting Female Police Officer" »

November 12, 2009

Cambridge Man Suspected Of Armed Robbery, Assault And Larceny Faces Federal Prosecution

The Cambridge Police Department is on the hunt for a gentleman who may end up actually being prosecuted by the United States Attorney’s Office in Federal District Court. This time, it is a white collar crime, as well as a crime of violence, and it reads like the backdrop to the 2002 movie “Catch Me If You Can

The investigation is not a new one. In fact, the Cambridge Police issued an arrest warrant for 45-year old John B. (hereinafter, the “Suspect”) back on April 9th. While the authorities believe the Suspect is still in the area, he has yet to be caught. In the meantime, he keeps changing his identity. His primary two aliases are a gun toting federal agent and, the other, a well-dressed restaurant owner.

While the chase is on, he has been able to cheat his unsuspecting victims out of thousands of dollars.

Police say the Suspect’s method of operation is to meet his victims at their homes under the pretense of selling them a dark blue Chrysler 300. He then robs them or simply drives them somewhere, takes their money and then drives off.

Continue reading "Cambridge Man Suspected Of Armed Robbery, Assault And Larceny Faces Federal Prosecution" »

November 11, 2009

Boston Murder Parolee Is Arrested For Robbery And Assault With A Gun

As winter weather, and Christmas movies, re-enter our lives this year, we are revisited today by a ghost of winters’ past. Yesterday, a “Not Guilty” plea was entered in court on behalf of Gerald H., 47, of Roslindale (hereinafter, the “Defendant”) as his attorney stood beside him. The Defendant was recently paroled from a 18-20 years in involuntary Commonwealth housing. Now, he stands accused of, among other things, armed robbery.

The Defendant was convicted of two homicides during the Blizzard of ’78. The weapons of choice then was apparently both knives and guns. He was convicted of manslaughter for one such stabbing occurring in 1977. The other homicide conviction was for second –degree murder. The crime involved the shooting of a man during an attempted robbery by three youths, one of which being the Defendant. He had been out on bail from the stabbing at the time.

On September 3rd, the Defendant was released from the Boston Pre-Release Center in Roslindale. As of yesterday, his is being held on one million dollars bail and a parole detainer. He is charged with the robbery of more than $21,000 from and the pistol-whipping of a city cab dispatcher.

Law enforcement claims that an officer on a paid detail saw the Defendant hailing another cab, caught up with the cab and arrested the Defendant at gunpoint. Recovered were two shopping bags full of money, a .38 caliber firearm.

Continue reading "Boston Murder Parolee Is Arrested For Robbery And Assault With A Gun" »

November 10, 2009

Charges Of Disorderly Conduct Effect Students' Graduate School And Employment Future

Just a reminder for our more rambunctious readers from areas in which Boston students dwell. Too much partying can lead to the need for a criminal defense attorney.

It is not an unusual story, but it happened again in the wee hours of October 31st. Mario B., 29 of Alpine Texas and John B., 22 of Fair Oaks Park, Needham, apparently went a little too far in Allston. According to the authorities, they were acting in a disruptive manner while police were trying to disperse a party.

Apparently, the two yelled and swore at investigating police so loudly that they woke up others in the apartment building.

That type of thing is frowned upon in the Commonwealth; even on Halloween.

Continue reading "Charges Of Disorderly Conduct Effect Students' Graduate School And Employment Future" »

November 9, 2009

Boston-Area Assault In "College Town" Area Is Murder

Today’s Boston Globe tells us the tale of Corey P., 23of Dorchester (hereinafter, the “Defendant”) who now needs a good criminal defense attorney fast. He is charged in connection with a homicide in which a 24-year-old man was stabbed to death yesterday in Brighton, according to police.

This was an area where many students dwell. An officer patrolling near Brighton and Harvard avenues found the stabbing victim about 2:16 a.m. in front of a store on Brighton Avenue, according to police. The officer called for help and began to perform cardiopulmonary resuscitation on the unconscious man. The victim was then taken to Beth Israel Deaconess Medical Center, where he apparently died.

23 minutes after the stabbing, Boston police officers arrested the Defendant. You might think that he was arrested for actually performing the violent knife-weilding which resulted in the death.

You would be wrong

Continue reading "Boston-Area Assault In "College Town" Area Is Murder" »

November 6, 2009

Attorney Sam’s Take: Investigated/Arrested In Boston – How To Choose A Defense Lawyer

This was not supposed to happen! How could such a thing happen? You’ve lived your entire life without breaking the law. Well, okay, maybe there was that time many years ago... but that’s beside the point. Nobody knows about that. But, now, here in Boston, today, you are going to be arrested. You are being investigated. Now, as you have read so many times in this daily blog, you need one of those awful creatures, a criminal defense attorney. What now?

Well, lucky for you, there are many of us around. In fact, in the Boston area, you probably could not throw a rock without hitting one. Many people think that that would be a great idea. But let me suggest otherwise.

As is the case in most professions, there are good defense attorneys and not so good ones.

First of all, let’s establish that you actually want an actual criminal defense attorney. In other words, Attorney Iliketowritewills who has helped the family through the years in real estate and other probate matters is not necessarily someone who has any criminal defense experience other than that one drunk driving matter he helped Uncle Charlie with 20 years ago. Attorney Corporatelaw may be absolutely brilliant in mergers and acquisitions, but that does not mean she knows what to do in a drug or shooting matter.

Each type of criminal case is different. The approach to a murder is not the same as it is with a white collar case Certainly, someone who has not even practiced regularly in the criminal court sessions is going to be like the perverbial fish out of water even though dressed in the same kind of suit.

Continue reading "Attorney Sam’s Take: Investigated/Arrested In Boston – How To Choose A Defense Lawyer" »

November 5, 2009

Knife-Wielding Boston Robbery Suspect Is Arrested For Assault With Intent To Murder Charges

On Monday night, a Boston Police Officer, along with his sidekick, a valet, grabbed an alleged knife-wielding carjacker who had robbed a woman of her pocketbook. The chosen victim was a 61-year old female. Now, the suspect needs a good lawyer if he has any hopes of seeing the light of day anytime soon.

It began at approximately 7:31 pm for the officer. He was approached by a parking valet who reported that a woman was just robbed of her purse and the suspect was running down the street. The officer was then supplied with a description of the suspect and directed to the area where he was last seen.

The officer and parking valet then ran down Congress Street towards Quaker Lane where an individual was observed and identified by the parking valet as the perpetrator. As the officer approached Richard M., 48, of Boston (hereinafter, the “Defendant”). The Defendant was apparently seen to be concealing what appeared to be a purse under his shirt. The officer also observed him to have a large knife in his right hand. The officer ordered the suspect to drop the knife to which he complied. At this time, the suspect was given the Commonwealth Bracelets of Shame while the officer further investigated the matter.

Continue reading "Knife-Wielding Boston Robbery Suspect Is Arrested For Assault With Intent To Murder Charges" »

November 5, 2009

14-Year-Old Charged with Murder of 4-Year-Old Found in Clothes Dryer

Authorities are charging 14-year-old Raul Renato Castro as an adult in the murder of Alex Christopher Mercato. The 4-year-old disappeared on Friday afternoon while playing outside his home.

Police found Mercato’s body the next day. It was stuffed inside a clothes dryer in the house next door. Autopsy results indicate that he drowned.

Castro was the only one at his home on Friday. Prosecutors have charged him with special circumstances, including the sexual crime involving sodomy, kidnapping, murder during a child molestation, and murder of a witness to prevent testimony.

Castro’s mother, Elsa, says her son is a good boy who has never been in trouble. If convicted, Castro could end up serving 47-years-to life in prison. California law does not allow a youth offender to face life in prison without parole or the death penalty.

In court, today, an affidavit was released stating that the junior high school student has admitted to luring the 4-year-old into his home, sodomizing him, and drowning him in the bathtub after the victim threatened to tell his mother.

Castro’s arraignment, scheduled for yesterday, was rescheduled for Tuesday.

Getting arrested and charged with a crime is life changing for anyone. The best decision that you can make for your child is to contact an experienced Boston juvenile crimes lawyer right away.

Kids make mistakes. They can also be wrongly accused of crimes they did not commit. When a crime is committed, there may be reasons for the juvenile's actions that must be brought to light in order to ensure a fair trail. There may be evidence that is inadmissible. There may be reasons why certain charges should be thrown out or reduced.

Affidavit: Teen says he killed boy found in dryer, AP/Google, November 4, 2009

Boy, 14, charged as adult in clothes-dryer murder of 4-year-old, CNN, November 3, 2009


Related Web Resources:
Assessing Juveniles Who Commit Murder, Psychiatric Times, May 1, 2005

Juveniles, The International Justice Project

Continue reading "14-Year-Old Charged with Murder of 4-Year-Old Found in Clothes Dryer" »

November 4, 2009

Massachusetts Drunk Driving (Fifth Offense) Defendant Returns To Face Warrant

Last night, William T., 61, of Northampton (hereinafter, the “Defendant”) was taken into custody after removing his criminal justice situation from the “Bad” column and placing it solidly under “Worse”. Now, his need for a gifted and experienced attorney has become even more critical.

You see, the Defendant was supposed to be in court Tuesday morning to face an arraignment. He did not make it. The court ordered a warrant for his arrest because of the default.

Last night, he was found. Another motorist noticed him struggling to operate his moped and called the police. It was 5:50pm when police say they responded to the call that someone seeming to be heavily intoxicated was trying to operate a moped but kept falling off the vehicle and trying to get back onto it.

Police came to investigate and they found the Defendant. Upon questioning the Defendant, police say they detected a strong odor of alcohol on his breath. They asked him to perform field sobriety tests and he complied...sort of. He failed. The police determined that he was, indeed, under the influence of alcohol, according to a police report. A further search of the moped, the police reported, revealed a partially consumed bottle of vodka hidden in a compartment under the seat.

This would be the Defendant's Fifth drunk driving offense.

Continue reading "Massachusetts Drunk Driving (Fifth Offense) Defendant Returns To Face Warrant" »

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