Boston Criminal Lawyer Blog

Brooke Mueller, the wife of actor Charlie Sheen, is seeking to have the restraining order against her husband modified. According to TMZ.com, she wants a judge to allow the two of them to be able to contact each other so they can work on the problems in their marriage. Her attorney reportedly told TMZ that his client and her husband still love each other and that the alleged dispute occurred during “one bad night.”

The 44-year-old TV actor was arrested on Christmas Day following an alleged domestic violence dispute with his wife. Sheen was charged with criminal mischief, assault, and menacing with a deadly weapon. Mueller told authorities that Sheen threatened her with a knife after telling him she wanted a divorce. The two of them reportedly had been arguing for several hours.

Sheen, however, is denying that he strangled his wife or held a knife to her. Police officers found a folding knife locked in an open position in the actor’s travel back.

Meantime, Stan Rosenfield, Sheen’s spokesperson stressed the importance of not jumping to conclusions over what may or may not have happened.

Sheen was released early on Christmas evening after he posted $8,500 bond.

Domestic Violence
Altercations between couples can be complicated and most situations are never clear-cut. This can create problems for a person who is accused by another of domestic violence. Even if the alleged victim decides to recant his or her accusations, the accused can still be charged and convicted for this crime.

Charlie Sheen's wife asks judge to modify restraining order, CNN, December 30, 2009

Charlie Sheen's Wife Claims Knife Threat in Assault, ABC News, December 28, 2009

Related Web Resource:
Massachusetts Law About Domestic Violence, Massachusetts Trial Court Law Libraries

Continue reading "Following Charlie Sheen’s Arrest for Alleged Domestic Violence, Wife Brooke Mueller Wants Restraining Order Against Him Modified " »

So, yesterday, you weighed your options and you decided to follow the advice of the Boston Police Department rather than ol’ Attorney Sam in dealing with the Clerk Magistrate’s Hearing. You just ambled in on your own, gave it your best shot, and walked out with a date to return to court for an arraignment.

Now what?

Well, by some unrealistic trick of time, your arraignment was set for tomorrow.

Wonderful. Nothing like a little pressure for the holidays, right?

Let’s also assume that you learned your lesson and that, on the way out of court yesterday, new summons in hand, you did not ask Officer Gotcha if you need to hire a lawyer by tomorrow and, if so, you did not follow his advice when he looked at you as if you had three heads and sneered, “Nah. They’ll give ya a free one. Don’t worry about it. Hey, by the way….never too late to make a statement you know.,,.!”

Continue reading "Attorney Sam’s Take: You Have To Go To Massachusetts Court Tomorrow For That Assault Case (Part Two)" »

You live in Boston. You arer relaxing at home, watching the children play with their new Christmas gifts before they break them. It is a Norman Rockwell scene…except for one tiny detail. You suddenly remember that invitation (summons) you received last week to witness Massachusetts jurisprudence (court) in action. In other words, you have to go to court to answer on that drunk driving charge tomorrow and you still have not even contacted a lawyer!

Game over? Just give up and expect you won’t be returning home for a couple of years? Maybe it is time for that extended vacation out of the country you always dreamed about?

Well, chances are, particularly if you had received a summons and were not arrested, it is not that bad. There are, however, a few things you should know and at least one thing you should do.

First of all, the summons was for one of two things – either an arraignment or a clerk magistrate’s hearing.

As most readers of this daily blog know, a clerk’s hearing is basically the last step before arraignment in cases in which you have been lucky enough to get one. It is the hearing to decide whether or not there is probable cause to issue the complaint which would bring you to an arraignment. At such a hearing, a clerk magistrate listens to evidence presented (sometimes solely by an investigating officer) and decides whether the elements of the accused crime are met. It is a very simple, and low, standard. Should the clerk find that there is probable cause, a complaint will be ordered and the next step will be arraignment.

Continue reading "Attorney Sam’s Take: You Have To Go To Court Tomorrow For That OUI Or Assault Case (Part One)" »

Due to the holiday season, and accompanying "end of year crunch" with emergency hearings and other court dates, the otherwise (mostly) daily schedule of the Boston Criminal Lawyer Blog is being interrupted this and next week. However, we will be back in our daily format after the new year.

Next week, there will be three postings which should be of interest, though, so do not totally give up on us for the holidays. On Monday, we will tackle the question "I have court tomorrow - what do I do?" Then, we will follow up on the federal detention hearing we began earlier this week and its tales of arson, drugs and murder.

And then? Well, you will have to wait and see.

In the meantime, please accept very best wishes to you from us at Altman & Altman, LLP. for a great, safe and law-abiding Christmas!

And once again, our thanks for being one of my readers!

-Samuel B. Goldberg

Richard and Mayumi Heene received their sentences for their roles in the balloon hoax involving their six-year-old son Falcon. Both of them pleaded guilty last month to criminal charges. Mayumi pleaded guilty to a misdemeanor charge of knowingly filing a false report with emergency services and Richard pleaded guilty to a felony charge of knowingly and falsely attempting to influence a public servant.

The Heenes captured the media spotlight last October after they contacted 911 to report that they thought Falcon may have flown off in a flying saucer-like balloon that Richard had constructed. TV cameras followed rescuers as they chased after the balloon in an attempt to bring him back to safety. The 6-year-old was later found in the family garage. Questions about whether the incident was a hoax came up when Falcon replied during a CNN interview that the escapade was done for a “show.” Mayumi later admitted that the balloon boy story was a hoax.

At his sentencing, Richard apologized for the incident. The judge abided by a plea agreement, sentencing him to 90 days in jail starting January 11, four years probation, and 100 hours of community services during those years. Heene is allowed to serve the last 60 days in a work release program but has to sleep in jail at night.

Mayumi is sentenced to 20 days in jail (not as much time as what prosecutors sought), four years probation, and 120 hours of community service. Mayumi’s sentence begins after her husband’s sentence is over so that one of them can remain with the kids. She can also serve her time on weekends.

Mayumi and Richard are ordered to pay restitution.

‘Balloon boy’ parents plead guilty, MSNBC, November 13, 2009

Balloon Boy Parents Richard Heene, Mayumi Heene Get Jail Time, Probation, ABC, December 23, 2009

'Balloon boy' parents plead guilty, CNN, November 13, 2009

Related Web Resources:
Timeline Of Balloon Boy Events, ABC 7, October 16, 2009

General Laws of Massachusetts

Continue reading "Parents of Balloon Boy Receive Jail Sentences for Media Hoax" »

A Boston federal drug case is keeping lawyers and politicians on their feet.

Yesterday, there was a detention hearing for Lawrence T., 51, of wakefield (hereinafter, “Defendant 1”). He stands accused of illegal sale of OxyContin. Defendant 1 has a co-defendant, John F., 31 (hereinafter, “Defendant 2”). Defendant 2 just happens to be a key City Hall operative who faces an indictment charging him with the drug crimes.

Well, Defendant 2’s status as an “operative” is a bit more specific than that...he is Mayor Thomas M. Menino’s neighborhood liaison to East Boston. His indictment came down on Thursday for possession with intent to distribute OxyContin and possession with intent to distribute marijuana.

East Boston residents are speaking out about the matter, pointing out that drugs have been a plague on the neighborhood for years. But, now, there is even more evidence of how “high up” the problem reaches –namely, the arrest of one of the area’s rising political stars.

Continue reading "East Boston Reacts To Federal Indictments And Bail Hearing In Drug Case " »

Okay, here is the unfortunate truth of the matter – safeguarding Constitutional rights does not always bring happy results. Sometimes the cost is tragic. Most of the professionals involved in the criminal justice understand that. Massachusetts Kingston Police Chief Joseph Rebello is not one of those professionals apparently. I am guessing he is not a big fan of criminal defense attorneys either.

Nor is he likely to enjoy today’s blog.

The man at the heart of the story is Joseph G., a 26 year-old construction worker, of Kingston (hereinafter, the “Defendant”). He was arraigned last week on charges that he sexually assaulted a girlfriend’s 3-year-old daughter in Kingston. It was his second such charge. In fact, he had been charged this summer with raping another child.

The most recent matter came into being while the Defendant was free on bail.

Continue reading "On Massachusetts Probation, Child Rape Suspect Is Arrested For Second Sexual Assault While Out On Bail" »

Dear readers,

As you may have noticed, this daily criminal law blog has been rather sparse this week. this has been due to a conspiracy between court dates and internet failures. However, the Bostoncriminallawyerblog will return in full swing on Monday. Here in Boston, we take these things seriously, as do I.

On Monday, we start with a story of rape, a two-time defendant and A police chief against the right to bail.

See you then.

In the meantime, have a great, safe and law-abiding weekend!
Season's Greetings,

Sam Goldberg

A jury has found Michael D. Holden, a former Greater New Bedford Regional Vocational-Technical High School teacher, not guilty of two counts of forcible rape of a child. The alleged victim, who is now 20-years-old, had accused Holden of driving her to a parking lot, and, while in his SUV, forcing her to have sex and perform oral sex on him in 2004.

In January 2005, the school fired Holden after 14 years of employment. He also coached the boys volleyball team.

Holden’s criminal defense lawyer had accused the alleged victim of making up the allegations because the former teacher failed her for school work, recommended that the school suspend her, and admonished her several times for not dressing appropriately and being disruptive during class.

Following the announcement of the jury verdict, Holden expressed relief that he was exonerated.

Forcible Rape of a Child
In Massachusetts, a conviction of forcible rape of a child can lead to a lifelong prison sentence. This is considered a serious sexual offense and a violent crime. If you are under investigation for this crime, it is important that you consult with a Boston criminal defense lawyer right away.

Even as a suspect in a Massachusetts rape case, your reputation, career, and personal life can be thrown into turmoil. It is important that you have a legal team that knows how to provide you with the best defense.

Former teacher not guilty in rape case, SouthCoastToday, December 15, 2009

Ex-Teacher Not Guilty Of Child Rape, The Boston Channel, December 15, 2009

Related Web Resource:
Massachusetts Law About Sex, Massachusetts Trial Court Law Libraries

Continue reading "Former New Bedford Teacher is Not Guilty of Child Rape, Says Massachusetts Jury" »

Some folks in Boston will go to great lengths to avoid contacting a criminal defense attorney!

Take the case of 36-year-old Francis V. (hereinafter the “Defendant”) for example. He wanted to avoid court so much he chose self-mutilation over consulting an experienced defense attorney.

The Defendant had a pending drug trafficking case for trafficking in which he had already defaulted. No, the Defendant did not simply have one warrant pending for his arrest...he had 13 such warrants pending.

In an attempt to keep those warrants pending, in other words not falling down upon him like a law enforcement net, he mutilated his fingers in order to conceal his prints.

Continue reading "Boston Drug-Trafficker Is Arrested On Outstanding Warrants And New Weapons + Forgery Charges" »

“Look, you seem like a good kid. Boston needs more people out there like you…productive citizens. I have no interest in jamming you up. Just tell me your side of things and I will talk to the District Attorney and see what we can work out.”

You would be surprised how comforting those words seem when coming from the police officer who has you in the little room at the local police station talking about that nasty-sounding murder that everyone is upset about. You may be even more surprised at how many people leap to those words as if from a burning building to tell their “side of things.”

The next time they see that “side”, it is often almost unrecognizable as it reflects from the pages of a police report. Yep, the prosecution went through anyway. Who knew?

As most daily readers of this blog know, there is no law that says you must talk to the police when they come to question you. Quite the contrary. You have a Constitutional right not to talk to them. You have a right to ask for an attorney to be present as well.

“Well, Sam, if I say I do not want to talk to them, or ask for an attorney, aren’t I basically confessing that I have something to hide?”

Continue reading "Attorney Sam’s Take: MA Rape, Robbery Or Assault Charges – When To Talk To Police" »

A couple has been arrested for allegedly owning and operating a prostitution parlor in Tyngsboro. Yuanchun Pi, 60, and Charles Stewart, 66, each face one count of maintaining a house of prostitution. Pi also is charged with one count of engaging in sexual conduct for a fee.

The couple owned and ran Tyngs Tarry Massage Therapy until it was shut down last week. The Massachusetts town of Tyngsborough issued the cease-and-desist order after an anonymous tipster notified police that “illegal” activities” were taking place in the building. Another woman, Yin Hang, was also arrested and charged with sexual conduct for a fee.

Hang, Pi, and Stewart are to be arraigned at Lowell District Court.

Online ads for the business offered massages for $70/hour and $50/half hour. Owners touted the massage salon as a “clean and relaxing” for clients to bring their “stress and pain.”

Engaging in Sexual Conduct for a Fee
In Massachusetts, even if any sexual conduct did not occur, a person can still be charged for sexual conduct for a fee if an offer or agreement was made. The defendant can be the person accused of offering the sexual favors in exchange for money or the one who allegedly agreed to pay for the sexual favors. Either way, it is important that a person charged with a Massachusetts sex crime speak with an experienced Boston criminal defense law firm that knows how to successfully represent clients charged with prostitution.

A person convicted of engaging in sexual conduct for a fee can be ordered to spend up to a year behind bars. If the defendant is convicted of agreeing to pay, offering to pay, or paying to have sexual conduct with a child under age 14, he or she may be sentenced to up to 10 years in prison.

Police say Tyngsboro massage shop sold sex; three face charges, Lowell Sun, December 3, 2009

2 Charged With Running House Of Prostitution, WMUR9, December 3, 2009

Related Web Resource:
Chapter 272: Section 53A. Engaging in sexual conduct for a fee; engaging in sexual conduct with child under age 14 for a fee; penalties, Massachusetts General Laws

Continue reading "Couple Accused of Running Massachusetts Prostitution Parlor" »

Although it seems like the beginning of a horror novel, you know the scene pretty well by now. You are in your Massachusetts home in the evening just relaxing, watching reruns of Boston Legal. The knock come on the door and it is the police.

Before you know it, someone from the home is dragged out the door wearing the Commonwealth Bracelets of Shame. Maybe it is you.

“What is going on?”, you demand.

The police tell you that they are there “on a warrant”.

Your mind swirls. “On a warrant”. What does that mean? A search warrant? Arrest warrant? Bench warrant?

Before you can respond, it is all over. Maybe your lawyer can explain it to you.

Fear not. This lawyer can explain it to you.

Continue reading "Attorney Sam’s Take: MA Default – Bench Warrant And Arrest Warrant: What Is The Difference?" »

It was 6:10pm of December first and Joshua S., 32, (hereinafter, the “Defendant”) may have expected it was dinner-time. It wasn’t. It was arrest-on-outstanding-warrant and meet-your-lawyer-time.

The Defendant, it seems, was found in the basement of a home when the Gloucester police showed up and found him. There was an outstanding warrant for him and so he was immediately taken into custody to be brought into court the next day.

No need for questioning. No need for further explanation.

End of story.

Continue reading "Whether For Assault, OUI or Any Kind Of Criminal Matter, An Outstanding MA Warrant Means Quick Jail Time- How A Lawyer Can Help" »

A former Westboro middle school gym teacher and girls basketball coach is facing up to 10 years in prison after pleading guilty to one Massachusetts possession of pornography criminal charge. Brian Rossi, 37, was arrested last February after images of kids taking part in sexually explicit activities were discovered in his home during a search. Rossi’s sentencing is scheduled for February.

Arresting officers say Rossi threatened to commit suicide. He was given a psychiatric evaluation at St. Vincent Hospital and then placed under home confinement, where he has been taking medication to treat his depression and anxiety. He is also undergoing therapy.

Rossi’s Massachusetts criminal defense lawyer has asked the judge to let Rossi stay confined at home until he is sentenced so he can continue getting treatment. Rossi has admitted to owning the child pornography videos but there are no allegations or evidence that he ever touched anyone inappropriately. According to his psychological evaluation, the former teacher is not likely to reoffend.

Child Pornography
Child pornography is considered a violent crime and state and federal sentencing guidelines exist for distribution or possession of child pornography. Merely having child pornography in your possession can throw you in prison and require you to to register as a sex offender when you get out of prison. This can negatively affect your professional opportunities and personal and social relationships and alter the course of your life.

Under the General Laws of Massachusetts, Chapter 272: Section 29C, possession of child pornography consists of knowingly buying or having in your possession visual material showing a person under 18 engaged in sexual conduct.

Teacher guilty in child porn, Telegram, December 5, 2009

Ex-Mass. school gym teacher guilty of child porn, Boston Herald, December 5, 2009

Related Web Resources:
Chapter 272: Section 29C. Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment, The General Laws of Massachusetts

What is Child Pornography?, Missing Kids

Continue reading "Ex-Westboro Teacher and Coach Pleads Guilty to Massachusetts Possession of Child Pornography Charge" »

Bethany P., 21, of Londonderry, N.H. (hereinafter, the “Victim”) will not be returning to her Boston College senior class this week. You see, she met up with a Weston lad’s SUV this weekend. The lad was allegedly Benjamin K., an 18 year old gentleman (hereinafter, the “Defendant”) who the Commonwealth claims was driving drunk. The Defendant pleaded not guilty today, alongside his attorney. Nonetheless, he was ordered held on $50,000 bail.

The Victim was struck as she crossed St. Thomas More Road at around 12:55am Sunday morning. The Defendant was driving his parents’ Toyota Land Cruiser. She is said to have sustained “serious” injuries, but was listed in good condition Monday morning at Beth Israel Deaconess Medical Center, according to state police and a hospital spokesman.

While the Victim was alone at the time of the accident, the accident scene is full of student dormitories and an administrative building.

According to the Commonwealth, the Defendant left the Victim unconscious and bleeding in the road and left the scene of the accident. He was thereafter apprehended by BC police after a bulletin was sent out about the SUV. He was arrested as he tried to exit the college’s grounds.

Continue reading "MA TEEN CHARGED WITH VEHICULAR ASSAULT ON BOSTON COLLEGE STUDENT HELD ON BAIL" »

...And once again we are reminded of this year’s movie The Watchmen, where the catchphrase was “Who watches the Watchmen?” The setting is Boston’s northern neighbor, Salem, Massachusetts. The person is Marie M., 38, a former accounting clerk of Lawrence's Probation Department (hereinafter, the “Defendant”). That’s right, the same probation department entrusted to oversee criminal defendants as they try to follow advice and role models to work their way back onto the “straight and narrow”. The Defendant’s current position is beside her defense attorney, facing charges of embezzlement in the amount of more than two million dollars.

According to the Commonwealth, the Defendant had crafted an elaborate white collar scheme that managed to elude detection for nearly three years. During her 19 years with the department, she allegedly managed to employ a host of complex accounting maneuvers to pocket approximately $12,000 a week from 2006 through this summer, when she left work amid troubling questions posed by suspicious auditors.

Last Thursday, the Defendant was in court in Salem Superior Court, facing felony charges. During the hearing, prosecutors marveled what they called an intricate and sophisticated scheme. The Defendant was apparently the only person in the department authorized to change entries in the court's accounting system and she is said to have used this position to manipulate records and bank deposits to cover her tracks. Further, prosecutors allege that auditors who uncovered the alleged fraud had only encountered one of the Defendant’s methods (known as a "negative, non-money error reversal") once or twice over the past 20 years.

Continue reading "Probation Official, Charged with Felony Larceny, Makes Incriminating Statements To Investigators" »

Marie Morey, a Lawrence courthouse accounting clerk, has pled guilty to charges of larceny of property over $250 and filing/publishing a false written report. The 38-year-old woman is accused of developing and running an embezzlement scam that allowed her to steal over $2 million from the Lawrence probation department.

The accounting clerk, who has a GED and no formal accounting training, is accused of embezzling $2,037,725.21 in restitution and fees and of manipulating bank deposits and records. She allegedly stole $12,000 a month for about 3 years.

The prosecution also says she recently traveled to the Dominican Republic 30 times—although Morey’s criminal defense lawyer says his client only visited the Dominican Republic 10 times, which she did to see her mother.

Assistant District Attorney Michael Patten claims that the accounting clerk employed six operation methods so that no one would notice that she was stealing money. In the spring, Morey told auditors that she hadn’t reconciled payments on a monthly basis since November 2008. She was also allegedly unable to provide them with key documents.

State auditors have expressed concern about the court’s accounting practices since 2007. The Probation Office was singled out in a report that said there was “limited assurance” that the department’s records were accurate or that funds were properly protected.

Morey, who is the mother of two minors, worked as the court accounting clerk for 19 years. If convicted, she could serve a maximum five-year jail sentence.

Larceny
In Massachusetts, it is illegal to steal someone else’s property and depriving the victim of its use or ownership. Larceny of property valued at over $250 is considered grand larceny, which is a felony crime. The punishment if a defendant is convicted is harsh.

Clerk held in sophisticated $2m theft, Boston.com, December 4, 2009

Being held accountable: Prosecutor says paper trail led to courthouse clerk accused of stealing $2M, EagleTribune, December 4, 2009

Related Web Resource:
Larceny-Theft, Justia

The Massachusetts Court System

Continue reading "Lawrence Clerk Pleads Not Guilty to Massachusetts Larceny Charge Stemming from $2 Million Embezzlement Scheme" »

Well, it’s nice to see the Suffolk County District Attorney’s Office having a good time. Of course, Demetrius E., 27 of Dorchester (hereinafter, the “Defendant”) might not be laughing, though, should he read their recent press release celebrating his guilty plea in Boston’s Superior Court.

The Defendant pleaded guilty to various drug charges on November 17th. The drug of choice was crack, cocaine. The sentence was five-to-seven years in state prison. The funny part?

He is said to have stored his crack in a Chips Ahoy cookie box.

He had been arrested on Feb. 22, 2005. November 17, 2009, was to be his trial date. Instead, he pleaded guilty.

Continue reading "Boston District Attorney Celebrates Drug Defendant's Guilty Plea" »

Boston, along with the rest of the country, has been watching the events unfold in the Tiger Woods automobile accident matter. While the participants took turns not talking (law enforcement would not talk to the press and Tiger would not talk to anyone), I have been reminded of one of the most important lessons I learned many years ago as a young assistant district attorney.

The lesson?

When to keep your mouth shut.

For those of you not acquainted with the latest Tiger Woods adventure, let me recap with what we now know.

It was early Friday morning at 2:25 a.m. just outside Woods's driveway in one of Orlando's most exclusive suburbs. Woods was the driver as the vehicle had a collision . Woods was described as being briefly unconscious with blood on his lips and mouth. Neighbors called 911 and then rendered outside to render aid while awaiting an ambulance and police.

Continue reading "The Lesson Of The Tiger Woods Criminal Investigation– When Not To Talk To The Police" »

Recovery from a long weekend, such as the Thanksgiving weekend we have just enjoyed, can mean different things to different people. For me, for example, it meant waking up yesterday not being able to get online and so not posting my blog (sorry about that, by the way). For Sonny T., 21, of Wareham (hereinafter referred to as the “Defendant”), it meant being in contact with his new criminal defense attorney and dealing with fallout from some alleged indiscretions over the holiday.

These indiscretions include criminal charges such as counterfeiting, armed robbery and assault.

According to the Commonwealth, the Defendant was not in the most thankful of moods last Thursday night when he met up with two people he knew at an oil change business.

Violently unthankful.

Continue reading "Massachusetts Assault And Robbery Lead To Arrest For White Collar Crime And Possible Federal Prosecution" »