Boston Criminal Lawyer Blog

2010 is ending with a tragedy which many people believe could have, and should have, been averted. I am talking about the recent homicide of Woburn police officer John Maguire as he tried to apprehend robbery suspects during Sunday’s blizzard. The accused killer, Dominic Dinelli , 57, (hereinafter, the “Parolee”), is also dead, by the way. Massachusetts is in an uproar pointing the finger of blame at the Parole Board which paroled the Parolee in 2008.

In fact, let’s be clear. The Board did fail to follow the applicable law which mandates that the prosecutors who put the Parolee away 20 years earlier be notified of the hearing.

Does this really mean that, had the Board notified the Middlesex District Attorney’s Office, the Parolee would not have been released? If so, would the prosecutor’s intervention have been warranted?

There is no reason to believe that the prosecutors had any more knowledge about the Parolee than the Board already did. After all, the Parolee had been incarcerated for 20 years. There was no secret about his background before then. He had an almost life-long history of violent crime. This is why he was serving the sentences he was serving in the first place.

One goal of incarceration about which we like to forget is rehabilitation. Often, there is little such rehabilitation to be observed. In this case, however, the Board voted to free the Parolee in a 6 – 0 vote. During the hearing, board members praised the Parolee for evolving from a drug-addled menace of the prison system to a model prisoner who spoke to other addicts about recovery.

Continue reading "A Woburn Police Officer Is Gunned Down At Robbery. Is Massachusetts Parole Board To Blame?- Attorney Sam’s Take " »

20-year-old Darryene Ware, a Brockton resident, was arraigned on Thursday for Massachusetts murder. He is accused of fatally shooting 16-year-old Chantel Matiyosus as she was leaving a baby shower in 2008. According to police. Ware and a number of other people who call themselves “D Block” started shooting at the partygoers.

He was reportedly at odds with one of the shower attendees. Prosecutors say that Ware was aiming at Matiyosus’s boyfriend and that, according to a witness, prior to the shooting Ware organized a meeting to plan the assault. Matiyosus, who sustained bullet wounds to the abdomen and head, was pronounced dead at Brockton hospital. Another victim, a male, sustained a leg injury, while another female, age 14, was shot in the wrist.

Ware has been ordered held without bail. He has prior convictions for witness intimidation and assault and battery with a dangerous weapon.

It was just on New Year’s Day 2008 that Ware’s brother, 19-year-old Markeen Starks, was fatally stabbed. Emmanuel Okoro, then 15, has been convicted of Starks’ Massachusetts second-degree murder. Witnesses say the two males got into a disagreement outside a family party and that is when Starks sustained fatal stab wounds to the neck, chest, shoulders, and face. Okoro will be eligible for parole in 15 years.

Mother of murder victim Chantel Matiyosus says suspect ‘let hate overcome everything’, Patriot Ledger, December 31, 2010

Brockton teen convicted of slaying, Boston Herald, December 30, 2010

Brockton teen shot to death, Wicked Local, April 27, 2010

Related Web Resources:
Massachusetts General Laws

Murder, Justia

Continue reading "Brockton Man Charged with 2008 Massachusetts Murder of Teenager at Baby Shower " »

This is one of those stories from this year which would probably never happen in Boston. First of all, in Massachusetts, Murder in the First Degree carries a mandatory life sentence without parole. It leaves very little to work with when one is trying to make promises to suspects to “just tell the truth” and “I can get you out of here”.

At least, that is the way one would imagine it would work. The truth is that when police officers investigate a murder, they have usually already determined who they “like” for the charge. So, when they question their target, as we have discussed in the past, it is really merely an invitation to make statements that are inconsistent with their case (and therefore “lies” that the prosecution can use in court later. If they are really lucky, they might gain a confession from the unwary that can be used to nail the case closed rather quickly.

It is basically a “win-win” situation...at least until an experienced criminal defense attorney is brought into the picture...assuming one ever is.

But, I digress already.

I remember being asked to appear on Court TV years ago when the disappearance of Natalee Holloway came to light. Almost immediately, Joran van der Sloot (hereinafter, the “Defendant”) was the chief suspect. However, his dad had alot of power, advised sonny to shut his mouth, and he was free because of a lack of evidence shortly thereafter.

Dad's not around now, and sonny has been talking.

Continue reading "Natalee Holloway’s Mother Visits Her Daughter's Alleged Murderer In Prison, Seeking A Confession - Attorney Sam’s Take " »

Saying that the constitutional rights of Raymond and Ronald Mendes were violated during trial, Massachusetts’s Appeals Court has overturned their drug convictions: possession of marijuana with intent to distribute, possession of cocaine with intent to distribute, and drug violation in a school or park zone. Raymond also had been convicted of possession of ecstasy. The court, however, in its 2-1 ruling determined that the drug analysis certificates presented during trial were not enough to prove that the substances confiscated from their apartment were in fact marijuana, cocaine, and ecstasy. Police seized what they thought were illegal drugs from the brothers’ home on October 21, 2006.

The court, however, is now saying that the defendants should have had an opportunity to question the chemists that tested the drugs taken from their residence and that not having the chance to cross-examine the chemical analyst that prepared the certificates of drug analysis was a violation of the brothers’ rights per the Sixth Amendment to the United States Constitution’s confrontation clause.

It was just last year that the US Supreme Court found that the state of Massachusetts was in routine violation of drug defendants’ rights whenever it did not have an actual chemist testify about a seized substance that was an illegal drug. This year, the state’s Supreme Judicial Court ruled that the ruling should apply to cases going as far back as 2005 when a state law started allowing criminal trials without chemists.

Drug convictions overturned against 2 Somerville brothers, Boston Herald, December 28, 2010

Melendez-Diaz v. Massachusetts, Cornell University Law School, November 10, 2008

Related Web Resources:
Controlled Substances Act, The Commonwealth of Massachusetts

Drug Laws, Sec.State.Ma.Us

Continue reading "Massachusetts Drug Convictions Against Two Somerville Brothers Overturned " »

Today, as we “hunker down” and “enjoy” the last blizzard of the year, we continue the discussion about recent Massachusetts sentences that were recently handed down to fairly unusual criminal defendants during this holiday season. Today’s matter involves a meeting of sexual assault and prostitution.

James M. Burke, 43, of Chelsea (hereinafter, the “Defendant”) was a criminal court clerk magistrate in Chelsea District Court. Apparently, he had an interesting thing going with a couple of criminal defendants in court. These particular defendants had been arrested for prostitution.

According to one of the complainants, the Defendant removed her from her cell in the courthouse in 2005. He then led her to a room, locked the door, and promised to get her case dismissed in exchange for oral sex. After she fulfilled her part of the deal, the case was not dismissed.

The second victim testified that the Defendant stalked her after her arrest on a prostitution charge, then sexually assaulted her when she was at the courthouse last year. She claimed during the trial in federal court that she was forced into a downstairs room, where he sat on her during the assault and threatened to keep her in jail if she did not comply with him.

“I absolutely did not consent to this action,’’ she told the judge . “The brutality of it was shocking to me. Even though I had worked on the streets on occasion, nothing compared to the humiliation and powerlessness that I felt.’’

Continue reading "Attorney Sam’s Take: Massachusetts Criminal Court Is The Scene Of Unusual Sexual Assault For Which Clerk is Sentenced (Pt 2)" »

I am often asked whether Massachusetts prosecutors and judges are more lenient during the holiday season. The answer is like most answers in human events...it depends. As we end the year in which various unlikely Massachusetts criminal defendants have faced “Justice” at the bar, it is worth seeing what sentences have been coming down in cases ranging from fraud, to bribery, to sexual assault...and beyond.

Today, let’s look at an on-going sentencing struggle in federal court. it is the case in which the fate of former state senator Dianne Wilkerson is still being battered about like a piñata although she pleaded guilty months ago. As I have mentioned in the past, federal sentencing is a complicated process, complete with its own book of rules and guidelines as well as the consideration of virtually anything under the sun including the alleged existence of potential uncharged crimes.

Ms. Dickerson was supposed to be sentenced this week pursuant to her plea bargain. However, a hearing as to new allegations (supposedly committed long before her plea bargain) was held. At the hearing, the court heard testimony from a Dorchester businessman that Ms. Dickerson had pressured him to pay her several thousand dollars from 2002 to 2006 to help relieve her financial problems and that he complied because he thought it would give his multimillion-dollar development proposal in her district a boost.

“I felt it couldn’t hurt me in moving my project along,’’ testified businessman Azid Mohammed, who prosecutors say paid Wilkerson $6,700 in checks and cash. He testified in US District Court during an unusual evidentiary hearing that sets the stage for Wilkerson’s sentencing next month in a bribery case. But he added, “No, I didn’t want to make those payments.’’

By the way, in case you are wondering, there is no news of his being charged with anything such as offering or paying the bribe..

Continue reading "Attorney Sam’s Take: Massachusetts Criminal Sentences For 2010 Crimes Of Fraud, Bribery, Sexual Assault And Beyond Are Discussed And Compared (Pt 1)" »

The Norfolk district attorney’s office says that Brighton resident Joseph Arita and Waltham local Ismael Martinez are serving 20 – 25 years in prison for the 2009 Brookline rape and kidnapping of a 30-year-old woman. Arita, 26, and Martinez, 27, each pleaded guilty earlier this month to one count of Massachusetts kidnapping involving a sexual assault, two counts of aggravated rape, and other assault and battery charges.

The woman, a Brookline resident, told the authorities that while walking to her home after taking a cab from Logan International Airport on Aug. 18, 2009, she was struck on the head by one man, who then pulled her into the back seat of a red pickup truck that another man was driving. The two men then drove her to a parking lot and assaulted her before taking her to another location and freeing her.

She reported the incident to Brookline police. DNA evidence matched the woman with Martinez and Arita. The Norfolk district attorney’s office had sought to obtain 35-to-40 year prison terms plus 20 years probation for the two men.

Massachusetts Criminal Defense
The state of Massachusetts treats the criminal charges of rape and kidnapping very seriously and prosecutors will zealously pursue defendants. For example, a Massachusetts aggravated rape conviction can result in a life prison term.

It is important for you to have a Boston criminal defense law firm that can protect your rights, ensure that all laws and proper procedures were followed leading up to your arrest, and explore all avenues of defense to secure the best outcome possible for your case.

Brookline rape, kidnap suspects plead guilty to 2009 attack on woman, WickedLocal, December 16, 2010

2d suspect held in Brookline rape case, Boston.com, August 23, 2009

One Of Two Suspects Arrested In Brookline Rape Case, Boston Criminal Lawyer Blog, August 20, 2009

Related Web Resources:
Norfolk district attorney’s office

General Laws, Massachusetts Legislature

Continue reading "Two Massachusetts Men Plead Guilty to 2009 Brookline Rape and Kidnapping " »

Sometimes it seems that the criminal justice system uses the intellectual equivalent of a bazooka to tackle an issue as logically mind-bending as kindergarten mathematics. Boston’s Supreme Judicial Court, normally needed to referee issues surrounding Massachusetts Murder, Robbery or search and seizure issues has now been called upon in one of these instances.

The matter involves Mr. John Canadyan Jr. (hereinafter, the “Probationer”). The Probationer is a convicted sex offender. After pleading guilty to two counts of indecent assault and battery on a child under 14, he was sentenced to 18 months in jail. He also received a term of probation and had to register as a Massachusetts sex offender on the appropriate registry.

The Probationer also happens to be homeless.

Now, as we have discussed in the past, being on probation is not a picnic. Generally, when a probation officer tells a probationer to “Jump!”, it is the probationer’s obligation to merely ask, “How high?”

There are, however limits.

Continue reading "Attorney Sam’s Take: Boston’s Highest Court Rules On Sex Offender’s Probation Violation" »

Attorney General Martha Coakley’s Office has ordered John Twohig to stay away from a female MBTA bus operator that he allegedly assaulted last July during what has been described as a “racially motivated verbal assault.” The action was brought against the Somerville man under the Massachusetts Civil Rights Act (MCRA), which is also known as the “hate crimes” statute.

Per the order, Twohig is not allowed to violate the civil rights of the victim or anyone else on the grounds of their race. He allegedly took part in a Massachusetts hate crime that involved the verbal and physically threatening assault of the bus operator at the Sullivan Square Busway. Twohig is accused of screamed profanities and racial epithets at the woman before launching toward her. He also is said to have insulted one of the bus passengers with a racial epithet. An MBTA inspector eventually removed him from the bus. Coakley’s office is seeking a permanent injunction against the defendant.

Massachusetts Civil Rights Act (MCRA)
The MCRA gives the Attorney General’s Office the authority to obtain injunctions against people that intimidate, threaten, or coerce victims on the grounds of sexual orientation, religion, race, disability, or another type of protected class or because they have taken part in a protected activity, such as the right to vote. A hate crime does not have to include an actual act of physical violence for a person to be charged with committing the offense. That said, a Massachusetts hate crime may also include acts of vandalism, the destruction of personal property, arson, assault and battery, or murder.

Possible penalties for a Massachusetts hate crime can include:
• Fines
• A prison sentence
• Counseling
• Anger management
• Probation
• Suspension of one’s driver’s license
• Rehabilitation
• Victim restitution
• Community service

Since 2007, Coakley’s office has obtained 42 civil rights injunctions for Massachusetts hate crime victims.

Somerville Man Accused of Hate Crime Ordered to Stay Away From MBTA Worker Under Order Obtained by AG Coakley’s Office, Mass.gov, December 17, 2010

Man ordered to stay away from T driver in alleged racial incident, Boston.com, December 17, 2010

Related Web Resources:
Attorney General Martha Coakley, Mass.gov

Hate Crimes, FBI

Continue reading "Somerville Man Accused of Massachusetts Hate Crime Ordered to Stay Away from MBTA Employee" »

Toys collected for Toys for Tots, a program that provides gifts for children in need, were stolen from a Burlington warehouse facility between 2a.m. and 6:30 a.m. on Saturday. The 1,500 stolen toys were valued at $15,000.

According to police, the thief or thieves took only toys that were appropriate for children 8 –years-old or older and worth between $15 and $30. A container of toys that were donated to the State Police was “attacked,” but nothing was stolen from it, according to the Boston Globe.

The donation period for Toys for Tots ended on Friday, and police expect that even if replacement toys are donated, there will not be enough time to sort and distribute them. State Police are, however, collecting toys and checks for Toys for Tots at their barracks.

There was another toy-program theft in New Hampshire in late November of this year. A door was apparently jimmied and $500 of toys and clothing were discovered to be stolen. In that instance, a local radio station organized a fundraiser which raised more than $7,200 in one day alone.

The holiday season, which leads to financial difficulty for many, gives rise to what one newspaper called “the 12 crimes of Christmas.” Burglary and larceny, as seen from the incidents above, are among the crimes of the season. Some of the other common holiday crimes include: domestic violence, drunk driving, robbery, traffic assaults, car theft, hit-and-run, and identity theft.

Sources:
Boston.com, ‘Despicable theft will leave some children without toys Dec. 25, State Police say

NashuaTelegraph.com, Town rallies after theft from holiday toy program

OCregister.com, Watch out: The 12 Crimes of Christmas

Continue reading "Donated Toys Stolen from Burlington Warehouse" »

The Commonwealth of Massachusetts has now changed its mind regarding the role of state authorities in the criminal investigation of illegal aliens. For the past few years, various states have used various tactics in the tracing of illegal aliens. They claim that the discovery of said aliens helps stem the tide of various crimes, including robbery, murder and drug trafficking. Thus, the logic goes, keeping said aliens out of the country is a valid law enforcement goal in the fight to keep us all safe.’

Until now, however, Massachusetts state officials have refused to join the cause. This has now changed. The Commonwealth will now join the federal program that screens all people who are arrested and fingerprinted to determine whether they are in the country legally. Those who are illegal will then be reported to US Immigration and Customs Enforcement (“ICE”), which will decide whether to detain and deport them.

This step is a change for Boston’s Patrick administration, which had adamantly opposed having the State Police help enforce immigration law. In fact, one of his first acts as governor was to overturn former governor Mitt Romney's pact with the federal government to deputize some state troopers to enforce immigration law.

The reason for the change? Well, “Over the last year we have received conflicting information from ICE relative to the program. It has become clear now that this program is going to be mandatory for all communities in the near future,” Public Safety Secretary Mary Beth Heffernan has explained. “With that knowledge we will sign the (memorandum of understanding) with ICE. We will also work closely with all communities to monitor the implementation and share with federal officials any concerns that are raised.”

Uhm....doesn’t that sort of sound like legalspeak for “It looked like we were going to have to do it anyway, so we figured we would do it before the proverbial political gun was actually pointed between our eyes so we could claim we did it willingly”?

Continue reading "Attorney Sam’s Take: Massachusetts Joins Federal Agents Investigate Suspects’ Immigrant Status " »

Lisa Lavoie, an ex-Holyoke elementary school teacher, has pleaded guilty to Massachusetts statutory rape and enticing a child. The 25-year-old woman is accused of running off with a 15-year-old eighth grader. Lavoie, who has been released until her sentencing next month, is not allowed to contact the teenager. Police discovered Lavoie and the teenager in a hotel room last year after the two of them had gone missing for about a week.

The boy, who was at the hearing in Hampden Superior Court on Wednesday, submitted a statement asking for leniency for Lavoie. While the prosecutor says he is seeking a 3- to 5- year prison sentence, Lavoie’s Massachusetts criminal defense lawyer wants probation. He says that his client pled guilty so that the teen wouldn’t have to testify.

Massachusetts Statutory Rape
Allegations of Massachusetts rape—especially those involving the alleged rape by a legal adult of someone under the age of 18—can be tough to combat without experienced legal help.The punishments and penalties can negatively impact a defendant for life. The statutory rape law involving child victims under the age of 16 can be punishable with a maximum sentence of life in prison.

Conviction for a Massachusetts sexual crime will cause your name to be permanently placed on the Massachusetts Sex Offender Registry Board. Regardless of the specifics of your Boston sex crimes case, having your name on this registry can negatively affect your personal and professional life.

Ex-Mass. teacher pleads guilty to statutory rape, Boston.com, December 15, 2010

Holyoke teacher Lisa Lavoie behind bars on statutory rape, other charges, MassLive, February 24, 2009

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

Massachusetts Sex Offender Registry Board

Continue reading "Former Teacher Pleads Guilty to Massachusetts Statutory Rape of 15-Year-Old" »

A Citizen’s Bank on Main Street in Malden was robbed Thursday afternoon, and police are looking for the suspect. At around 1 p.m., a man entered the bank with a note demanding money and warning that he had a weapon. As he was leaving, he ran into problems with the bank’s door locking mechanism and fired 5 shots into the door. He fled on foot down Leonard Street near Oak Grove. Police lost track of him and called off the search around 4 p.m. The suspect, a 5- foot-6 black male in a baseball cap, was captured on a bank surveillance camera. No one was injured.

Police suspect that this man is responsible for other bank robberies in Reading and Lynnfield. The FBI is investigating. It should be remembered that if a federal agent comes to speak with you, you need to call a lawyer before you say anything. Such agents might seem friendly and informal, but any information can be used against you later. Bank robbery is a federal crime under 18 USCS § 2113, and the potential punishments are serious, especially when the alleged robber was armed.

It should be noted that this alleged robber was lucky that his gunshots did not hurt anyone. If, for example, the shots missed the door or ricocheted and killed a bystander, the felony murder doctrine would be triggered, even though he did not intend the killing. Also, if police had fired at this suspect and killed a bystander by mistake, this alleged robber could be criminally responsible for the bystander’s death.

The Boston Globe, Malden bank robber exits, firing five bullets into door

Continue reading "Armed Bank Robbery in Malden" »

Authorities in Massachusetts have arrested Dr. Steven S. Miller, a 68-year-old Wareham dentist for allegedly exchanging drugs for sexual favors with female patients. He was arrested and arraigned in federal court and charged with distributing and dispensing controlled substances without a valid medical purpose. If convicted, Miller could end up spending up to 10 years behind bars and be ordered to pay a $1 million fine.

Miller is accused of allegedly handing a female patient a prescription for 40 amoxicillin pills and 36 Vicodin pills after asking to see her breasts and slapping her buttocks. At the time, the patient was working with the authorities.

Miller is also accused of telling undercover DEA Task Force officer Paul Callahan, who was pretending to be the boyfriend of one of the cooperating witnesses, to complete paperwork to make it look as though he had underwent dental work that justified a medication prescription. The dentist then allegedly prescribed 24 Vicodin tablets to Callahan.

According to the arrest affidavit, the prescription records of nine of Miller’s patients contain dosages that are not in line with professional dental standards. The prescriptions were filled at Target, CVS, Wal-Mart, and Walgreens between January 1 and November 30, 2010.

Miller has voluntarily surrendered his dental license.

Massachusetts Drug Crimes
Not only are drug charges some of the most common criminal offenses in this state, but also, they are among the most serious charges. In addition to tough sentences if convicted, having a Massachusetts drug offense on one’s criminal record can negatively impede a person’s life and restrict job and educational opportunities. Deportation or the loss of the opportunity to become a US citizen can also become a factor for some people.

Wareham dentist faces sex-for-drugs charges, SouthCoastToday, December 15, 2010

Dentist traded drugs for sexual favors, police say, Boston Globe, December 16, 2010

Related Web Resources:
Drug Enforcement Administration

Drug Crimes Overview, Justia

Continue reading "Wareham Dentist Accused of Prescribing Drugs For Sexual Favors" »

Middleborough police have received 12 reports of holiday decoration theft from front lawns since the beginning of the month. Among the items stolen were reindeer, lights, inflatable snowmen, Santas and a Grinch, nativity sets, and a Santa Claus mailbox.

The mailbox, which belonged to 77-year-old Robert Algier, was found in a nearby yard and returned days later. One reindeer was found on another street. Partly because of this, police have suspected that the thefts involve teenaged pranksters. Adding to that suspicion, police got their first and only lead Tuesday night with a report of two teenagers in a white car in the area of an inflatable-Santa theft. Police told a local news station that if the culprit or culprits are caught, a prosecution for destruction of property will follow.

Theft of outdoor holiday decorations is nothing new. Around this time every year, we hear about this kind of activity. While almost always intended as a prank, the potential consequences are not a joke. Penalties for destruction of property and larceny can involve fines, restitution, community service or even jail time. If the person/persons involved in these incidents are teenagers, as police suspect, they may find themselves in the awkward position of explaining a criminal conviction on a college application or at a job interview. That’s why it is important to talk to an experienced defense lawyer.

Sources:
WCVB Boston, Police: Grinches stealing Christmas displays

Boston Globe, Thieves channel the Grinch, steal holiday decorations in Middleborough

Continue reading "Several Reports of Holiday Decoration Theft in Middleborough" »

Last Friday, I told you that I was originally going to blog about a Massachusetts sex offender who had gotten arrested for urinating at an MBTA stop. If you are unaware of the gentleman’s story, you can read about it here as reported by our news-blogger. It may have made you wonder about what passes for logic amongst Massachusetts sex offenders.

Well, now comes a story that would indicate that it is right there with other deep thinkers in the rest of the country.

This story comes to us from Whitefish Bay, Wisconsin.

People care about each other in Whitefish. Even federal employees, who sometimes get a bad rap for being anti-social, for example postal workers, care. Further, sometimes such people are not thought to have a sense of humor. Well, this is not true in Whitefish.

Enter a certain 52-uear-old postal carrier (hereinafter, the Defendant”). He was concerned about a 21-year-old woman whom he sees on his regular rounds. You see, she apparently had been seeming “stressed out”. Naturally, the Defendant wanted to relax her and cheer her up.

Now, what could be more natural than that?

Continue reading "Attorney Sam’s Take: Would A Naked Postal Employee Have To Register As A Sex Offender In Massachusetts?" »

Salem police officer William D. Riley pleaded not guilty to several charges, including operating under the influence of alcohol, domestic assault with a firearm, possession of a firearm while intoxicated and possession of Class E drugs, in Salem District Court on Tuesday. A pre-trial hearing is scheduled for January 13.

Riley was arrested Friday evening when Salem police responded to a Dunlap Street domestic dispute. According to the woman who called the police, she had been in an argument with Riley, during which he said he had a loaded gun outside and after which he followed her outside, put a gun in his car, and drove off in it. The woman gave a box of what she said were Riley’s steroids to the officers. The police found Riley in his car on Dunlap, allegedly showing signs of intoxication.

The police department suspended Riley without pay and may take further disciplinary action against him.

Source: The Boston Globe, Salem police officer pleads not guilty

The drug possession charge may be very difficult for a prosecutor to prove in this case because the steroids were not in Riley’s physical control and there is no indication from these facts that Riley had the ability or intention to exercise control over them. It could also be difficult to prove the domestic assault with a firearm charge. There can be no criminal assault where there is no attempted battery and no threat or unlawful act that would place a person in immediate fear. From the facts given here, it is unclear whether Riley’s alleged actions would rise to the level of an assault. It would also be interesting to find out what the alleged signs of intoxication were. An emotional argument with a romantic partner may be a perfectly good reason for exhibiting certain “signs of intoxication” like glassy or bloodshot eyes and angry or irritated reactions.

Continue reading "Police Officer Pleads Not Guilty to Many Charges, Including Drunk Driving and Drug Possession" »

This year to date, MBTA Transit Police have made 35 arrests for open and gross lewdness on the T and buses, marking an 84 percent increase in such arrests since 2009. However, this statistic may be attributable to an increase in such incidents being reported. Around this time last year, there were 28 reports as compared with the 48 so far this year. The latest arrest involved Donnie McLean, a 48-year-old Level 3 sex offender, who allegedly exposed himself to a female on a Route 28 bus. McLean had previously been convicted of open and gross lewdness on two occasions.

In addition to the arrests for open and gross lewdness, MBTA police have made more than 20 arrests this year for indecent assault and battery. Most recently, in November, two men were arrested in connection with separate incidents of alleged MBTA groping.

Sources:
The Boston Globe, More arrests for lewd conduct—and more incidents reported-- on MBTA

MBTA.com, Indecent Assault and Battery Arrests

Open and gross lewdness and lascivious behavior involves the intentional exposure of the buttocks, genitals or female breasts to another person or to multiple persons. If the exposure is accidental, then one cannot be convicted of this offense. Especially given certain fashion trends, such as males wearing saggy jeans or females wearing strapless tops and dresses, it is often possible that such exposure is nothing more than an embarrassing accident.

Indecent assault and battery also requires an intent element. To be convicted of indecent assault and battery, there must have been some intentional touching of a private area without excuse or justification. The T and MBTA buses are almost always extremely crowded, and there is usually little to no personal space. It can be very difficult to avoid accidentally touching or brushing up against fellow passengers, and again, a potentially strong defense to an MBTA indecent assault and battery charge would be that the touching was not intentional.

Continue reading "MBTA Arrests for Open and Gross Lewdness on the Rise" »

On Friday, I told you that there were two decisions handed down by Boston’s Supreme Judicial Court that I wanted to address with you. The first, having to do with a murder conviction, had to do with jury bias. The second has to do with the topic of DNA and the statute of limitations, particularly in cases involving rape and other sex crimes.

It also has to do with hypocrisy.

The SJC has now ruled that prosecutors can indict suspects known only by their DNA profiles and bring them to ""justice years later when police identify who the genetic material belongs to, even if the statutes of limitation have lapsed.

This was a big decision and is being regarded by many as the next logical step in our evolving criminal justice system of the 21st century. It is the first decision of its kind in Massachusetts. The Court concluded that a DNA profile is an “indelible ‘bar code’ that labels an individual’s identity with nearly irrefutable precision.’’ As such, it can serve as the identity of the person indicted, even though the charging document lists the unknown defendant as “John Doe”.

The ruling is consistent with the state of the law in several other states.

You see, the issue here is the statute of limitations applicable to various matters. Said statute sets a time bar, similar to civil matters, within which a case can be brought against a particular defendant. Every crime has a statute of limitations except in cases of murder. There is no statute of limitations on murder.

Continue reading "Attorney Sam’s Take: Boston’s SJC Rules On “DNA Indictments” In Rape Case" »

A pedestrian was killed Sunday afternoon outside a Massachusetts State Police barracks in Andover after being hit by an alleged drunk driver. The 30-year-old Bradford woman was walking to her car after leaving the barracks around 3 p.m. when she was struck by a pick- up truck on Route 125.

Robert Bryant, a 50-year-old from Bradford, was arrested and will be charged with motor vehicle homicide, operating under the influence of liquor, negligent operation of a motor vehicle, and leaving the scene of a crash that caused personal injury. He will be arraigned Monday, December 13th, in Lawrence District Court.

Source: The Boston Globe, Pedestrian killed outside Andover barracks, driver faces OUI charges

This man should immediately hire a criminal defense lawyer to minimize his convictions and penalties (if any). This story shows how those charged with motor vehicle crimes commonly face multiple charges arising from the same incident. It also leaves many questions that may be relevant to a defense unanswered including how the police determined to stop Bradford (since the driver who struck this woman left the scene) and how they came to the conclusion that he was drunk. Bryant’s best bet is to contact an attorney with experience in motor vehicle homicide, OUI, and hit and run who will leave no stones unturned in building his defense.

Continue reading "Bradford Man Arrested After Pedestrian Killed in Andover " »

A funny thing happened to me today on the way to the Boston Criminal Lawyer Blog: I got Pi...really angry. I had planned to end the week with a pleasant little story about a gentleman getting arrested at an MBTA stop. It appears that he turned out to be a Massachusetts sex offender and was urinating in public at the time.

Of course, I now see that our "news brief blogger" has already reported that story.

Anyway, my attention got diverted by two stories from Boston’s Supreme Judicial Court. The court’s rulings are not really what ignited the fire in my gut. It was some of the commentary from one of our esteemed political prosecutors.

Before I address the issue of Massachusetts Attorney General Hypocrisy, let me explain the first ruling. I will address the second story when I calm down...presumably on Monday.

You may recall the story of the late Christa Worthington from Cape Cod. She was murdered in her home in January, 2002. Her body was discovered with her 21/2 year old daughter huddled next to her lifeless body.

During the course of the criminal investigation, attention focused on Christopher McCowen, 30, the trash collector, known hereafter as the “Defendant”. The investigation continued as did the growth of public interest, particularly when books about the case, including Maria Flook’s book, Invisible Eden: A Story of Love and Murder on Cape Cod were published.

Continue reading "Attorney Sam’s Take: Boston’s Supreme Judicial Court Rules On Jury Bias In Rape – Murder Case" »

William Gibbons, a 48-year-old Level 3 sex offender, was arrested Wednesday afternoon when Transit police allegedly saw him publicly urinating on a Downtown Crossing platform. He was charged with indecent exposure and failing to register as a sex offender. Transit police were notified around 4:45 p.m. that a man had exposed himself, the Boston Globe reported. It’s alleged that Gibbons was still urinating when police found him. After he was arrested, police learned that there was an outstanding warrant for his arrest for failure to register.

Source: The Boston Globe, Level 3 sex offender charged with urinating in Downtown Crossing T station

First, this story shows the importance of hiring a criminal defense lawyer when charged with a sex crime. Sex offense convictions will continue to haunt you, especially where you could be classified as a Level 3 sex offender. A Level 3 designation arises where the Sex Offender Registry Board (SORB) determines that the risk of re-offense is high and that the person poses a danger to the public.

A second point involves the advantages of hiring a good lawyer once you have been charged with failure to register. Under General Laws c. 6, Section 178H(a), a prosecutor has to prove that a defendant knowingly failed to register. An experienced defense attorney can make that knowledge element difficult to prove. Even where the knowledge was available to the defendant, the prosecutor cannot meet his/her burden unless it is proven the defendant consciously disregarded the information necessary to provide him/her with the requisite knowledge. So, for example, if the SORB didn’t mail Gibbons a notification, he might not be guilty of this crime even if notifications were published in multiple newspapers. This is just one example of the many ways a criminal lawyer can fight your failure to register charge.

Continue reading "Convicted Sex Offender Arrested for Urinating at Downtown Crossing" »

Police think they have found the remains of Jonathan Chase DeBlase. The 3-year-old was last seen alive in March, but the authorities did not know that he and his sister Natalie were missing until last month. The search for the 4-year-old continues.

Now, the children’s father, John Joseph DeBlase, has been charged with two counts of murder. The authorities believe that the children were killed by their dad and stepmom. The Jonathan's skeletal remains were discovered after his dad gave police information about where the body might be. DeBlase claimed that he couldn’t remember the exact location because he had been on sleeping pills.

Investigators believe that after Jonathan’s murder, DeBlase, Natalie, and Heather Keaton lived together until Natalie’s disappearance. The two adults, who were never married, are now blaming each other for the kids’ murders. Keaton, who is charged with two counts of neglect of a child and willful abuse, claims that DeBlase poisoned the kids. Meantime, DeBlase’s parents are accusing Keaton of killing the children during a fit of anger.

The search for the two children began after Keaton told police that she needed protection from DeBlase. She claimed that she was being held against her will and she signed a domestic violence petition. She has said that DeBlase would not let her check on the kids when they were non-responsive and that “choices were made…” DeBlase and Keaton have a baby together.

DeBlase has also been charged with two counts of abuse of a corpse and two counts of aggravated child abuse.

Father being charged in deaths of Alabama children, CNN.com, December 8, 2010

Dad of missing Ala. kids charged with murder, AJC/AP, December 8, 2010

Related Web Resource:
Murder, Justia

Continue reading "Father of 3-Year-old Jonathan Chase DeBlase Charged with Murder" »

Kyana Jinks, a 22-year-old Dorchester woman, and her mother, Prensila Jinks, a 44-year-old of Roslindale, were arrested Tuesday after Kyana allegedly left a shoe store with a pair of boots hidden in a baby stroller, which held her young child. Kyana has been charged with shoplifting. Her mother has been charged with assault and battery on a police officer for allegedly scratching the officer confronting Kyana at the scene.

A Famous Footwear (Mass. Ave. location) employee allegedly saw Kyana place a pair of suede boots in the stroller and leave the store. The employee contacted police and followed her to another store. Kyana allegedly told the officer that her name was “Elizabeth” and that the child was her niece. She allegedly said that she had no identification and that the boot was in her car, although she had no car keys. The officer, finding a single boot in the stroller, was arresting Kyana when her mother arrived. Prencila allegedly denied being Kyana’s mother and attempted to leave with the young child. The officer tried to stop her, and she allegedly swung at and scratched his hand.

Because the holidays create a great deal of financial stress for most, especially in difficult economic times like these, incidents of shoplifting tend to increase during the season. Police are well aware of that, and they are cracking down on holiday looters by assigning new recruits to shopping centers. Boston police have added 37 new officers to the “holiday shopping beat.” They are watching shoppers closely and even giving their cell phone numbers to store clerks, hoping to increase response time.

Sources:

The Boston Globe, Police arrest Dorchester mom and daughter for shoplifting

MASSCOPS, Cops target holiday looters in New England

Continue reading "Mother and Daughter Arrested After an Alleged Shoplifting " »

I really hate to throw a damper on a celebration. Recently, the Boston Globe touted the good news that Massachusetts criminal and child welfare caseloads in the state’s juvenile courts have fallen sharply over the past three year. According to these statistics, economic turmoil that has placed enormous strain on many families has failed to yield more negative results and the dramatic decline is confounding social workers, lawyers, and child and family advocates.

I am not really so counfounded.

Of course, as soon as such news comes out, the powers that be begin patting themselves on the back for a job well done. After all, when success is in the air, everyone grasps at it as if it were the beloved child of their own hard work. Failure, on the other hand, remains an orphan, spawned by “them”…whomever “they” are.

Massachusetts juvenile courts handle three major categories of cases. The most common are delinquency cases. They deal with criminal offenders under the age of 17. Juvenile judges also hear petitions involving abused or neglected children, and review cases involving youth who are in trouble at school or home or regularly running away. Apparently, since 2007,the number of such matters in juvenile court has decreased.

So I guess kids lucky enough to live in the Commonwealth have little to be afraid of, right? After all, that would be well timed given the onslaught of cases which is likely to soon deluge the courts due to Massachusetts’ new bullying law.

But I digress. We were talking about the recent past, not the near future.

Continue reading "Attorney Sam’s Take: Do Massachusetts Bullying, Shootings And Murder Cases Negate Stats On Juvenile Justice?" »

A Boston man was arrested Sunday morning. He was charged with breaking into a tow truck in Brighton. He was carrying a large attitude and a strong desire to re-invigorate the “Let’s Do Everything Possible To Make Matters Worse” club.

Of course, William Ashmore, 36 (hereinafter, the “Defendant”) had his reasons. After all, his vehicle had been towed and, according to law enforcement, the towing company was refusing to give it back to him.

Now, to be fair...they had a point of view too. They wanted him to pay the required fee first.

When the police came to investigate, the Defendant ordered that they release the vehicle to him. When they explained that he had to pay the fee first, he is said to have begun disparaging the officers.

Apparently, said communications included questioning of the officers. Questions included tidbits like, "I went to college ... what did you do?"

Continue reading "Attorney Sam’s Take: A Boston Man Faces Criminal Charges For Breaking Into A Tow Truck " »

Vernon Perry, 52, was arrested Saturday in Seekonk on his 11th drunk-driving charge. According to Seekonk police, Perry was driving at a high speed on Taunton Ave. when he crossed a double yellow line. It is alleged that Perry failed field sobriety tests and gave a Rhode Island address even though he had an “active” Massachusetts license. Perry refused a breathalyzer. His 2001 Saturn was impounded. Police didn’t say when Perry will be arraigned in Taunton District Court.

Source: The Boston Globe, Driver arrested in Seekonk on his 11th drunken driving charge

This man is facing mandatory jail time and large fines, and he should speak with an attorney who can be present with him at his arraignment.

Often times refusing a breathalyzer, as Perry did, leaves good options for combating drunk-driving charges. In Massachusetts, you do not have to take a breathalyzer test. Prosecutors will not be able to introduce the refusal against you at a trial, but there will be license-suspension consequences, the length of which will depend on whether it’s a 1st offense, 2nd offense, etc.

Even where, as is alleged here, a person fails field sobriety tests, there can be several reasons for that other than being drunk. For example, being nervous, tired, overweight, or elderly can cause a person to fail a field sobriety test. These kinds of tests can also be administered improperly or under improper conditions.

When a car is impounded, as this man’s was, police can make a warrantless inventory search of the contents of the car. This is because people have a lesser expectation of privacy in their cars than in their homes and because inventory searches protect police from claims and protect the car owner’s property. However, the inventorying process cannot be used as a ploy to search for incriminating evidence.

Continue reading "Man Arrested on 11th Drunk Driving Charge in Seekonk" »

Anthony Gabriella, a 20-year-old Malden man, has been indicted by a Middlesex Grand Jury on charges of disseminating child pornography and two counts of possession of child pornography. He will be arraigned on December 13 in Middlesex Superior Court.

The Massachusetts Crimes Against Children Task force conducted an investigation in June into file-sharing programs for child pornography. The investigators, who included State Police detectives, connected to a host computer suspected of sharing child pornography files and obtained 200 files of what was apparently child pornography. A search warrant was executed at Gabriella’s home in July, during which a lap top and two thumb drives were seized from his bedroom. According to a statement from the DA’s office, police previewed the computer on the scene and found about 250 videos and images of child pornography. Gabriella was arrested at his home and arraigned on July 22 for charges of possession with intent to disseminate child pornography. He was released on bail with conditions that he refrain from using computers and the Internet, stop working at his lifeguard job and not have unsupervised contact with children.

Child pornography is the exception to the general rule that persons are free to possess obscene materials in the privacy of their home. Dissemination of child pornography carries a mandatory minimum 10-year prison sentence and could reach up to 20 years. Possession of child pornography carries a sentence of up to 5 years in state prison.

One of the elements of the dissemination charge is intent to disseminate the material. Without knowing more details of this case, this could be difficult for a prosecutor to prove in this instance because it involved a file-sharing. It’s not uncommon for file-sharing to be unintentional. For example, if you don’t choose a file-sharing password on Windows, you can unconsciously make your files accessible on the Internet and your hard-drive can become open to anyone who figures out your IP address. Depending on additional information, this is one possible argument that a criminal defense lawyer may make to combat this charge.

Source: The Boston Globe, Malden man indicted on child pornography charges

Continue reading "Malden Man Faces Child Pornography Charges" »

A body was found this morning in the back seat of a car at 35 Rowe St. in Roslindale. Police told the Boston Globe that they believe it to be drug-related because it is a quiet neighborhood next to railroad tracks which makes it a good place for illicit meetings. The medical examiner removed the body from the gold Honda as police officers cordoned off the scene. A resident of the street said she was doing laundry when saw feet hanging out of the car.

Police didn’t say what types of injuries were involved, but they said that there was some evidence at the scene.

Source: The Boston Globe, Police probe possible drug slaying in Roslindale

This incident represents yet another possibly drug-motivated crime in the city this year. Fairly recent studies have shown, however, that the relationship between homicide and drug dealing is somewhat poorly understood. One study, which analyzed Boston police arrest data, indicated that less than 15% of reported Boston homicides involve drug use or dealing. Studies also show, on the other hand, that while drug trafficking is a relatively infrequent cause of homicide, it does provide a context in which homicides become more likely to occur.

The police officer’s comment about the quiet neighborhood being a good place for illicit meetings brings up an important search and seizure concept. Many allegedly illicit meetings occur in high-crime areas, not quiet neighborhoods like the one from this news story. Often times, police officers stop persons in high-crime areas based on merely a “hunch,” and this is unlawful. Simply being in a high-crime area is not enough to justify a stop because otherwise, people who live and work in high-crime areas would be left without the protections of the Fourth Amendment.

If you would like to speak with a defense attorney about any criminal issue, call Altman & Altman LLP.

Continue reading "Body Found in a Car in Roslindale; Police Suspect Drugs as Motivation " »

I don’t know…maybe it’s me. Maybe the fact that I have been walking around with only one eye lately has so skewed my vision that I am simply losing my perspective. But, while my blogs are temporarily reduced in number, I am still going to court. I am still handling the alleged rapes, murders, robberies and all the other fun stuff that keep my professional life going. I also notice the news of events in which I am not engaged.

Just yesterday, I was in a district court and found myself on the other side of an argument which I often have with prosecutors. My client and a buddy of his had been arrested for a number of things, including breaking and entering, trespass and theft. My guy was getting a decent deal, but the Commonwealth wanted a guilty finding against him. His buddy was getting a continuance without a finding (such as we discussed earlier this week). Said buddy had been arrested previously not only for the same thing, but from the same complainant. That prior case had been dismissed.

So, I argued with the prosecutor that if he got a CWOF, my client (who had not been implicated in that prior offense) should get one too. The ADA pointed out that my client had a prior criminal record and his co-defendant didn’t. I referred to the earlier case that the co-defendant had and the prosecutor simply shrugged and said, “yes, but that was dismissed”.

Continue reading "Attorney Sam’s Take: Burglary, Sexual Molestation And White Collar Crime-What Does A Massachusetts Verdict Mean?" »

Eighteen individuals have been arrested on cocaine trafficking charges after a drug bust in Dorchester. Federal prosecutors identified Michael T. Williams as the alleged kingpin in papers filed with the U.S. District Court today. They allege that he has been buying kilos of powder cocaine and turning it into crack in a family-based drug ring that has been operating since the 1990s. They have moved to seize four homes in the Dorchester neighborhood, including three adjacent multi-family houses on Greenwood Street, which prosecutors allege to be at the heart of the operation. In addition to the Greenwood multi-families, they have moved to seize a house at 8 Peacevale Road, which they allege was used by one of Williams’ associates.

Federal, state and local police targeted Williams in July 2009 when an unidentified person came to Boston’s DEA office with information. A press conference will be held today at the office of U.S. Attorney Carmen Ortiz.

This is the second major cocaine bust this week. On Monday night, 200 pounds of cocaine were seized and two men were arrested after federal, state and local police allegedly watched them unload cocaine in Revere.

These individuals will all need the help of criminal defense attorneys, and our experienced lawyers at Altman & Altman can provide the aggressive defense that cocaine trafficking charges require. Trafficking is the most serious of all drug crimes, and a federal cocaine trafficking charge carries a 5-year mandatory minimum and up to 40 years for a first offense. These investigations tend to be far-reaching, and even more individuals than the 18 who have been arrested may be under investigation. If you have been arrested, charged, or suspect that you are under investigation for drug trafficking or any other crime, call a defense lawyer.

Source: The Boston Globe, Long-term ‘family-run’ drug ring busted in Dorchester, officials say

Continue reading "Eighteen Arrested in Connection with Alleged Dorchester Cocaine Ring" »

Lawrence Follett, a 46-year-old of Billerica and former Boxborough elementary school teacher, pleaded guilty in federal court to child pornography possession charges and is scheduled to be sentenced on March 8. Prosecutors say they’ll recommend that Follett serve 2 years and 3 months in federal prison and 10 years of probation after his release.

Federal investigators executed a search warrant on Follett’s home in 2008 based on tips from Swiss authorities. In August of that year, Interpol had started an investigation into child pornography and obtained user addresses that had been accessing a child pornography site. One address allegedly downloaded 101 pornographic videos depicting young boys for $500. ICE Cyber Crimes Unit allegedly traced it to Follett’s Billerica address. Investigators allegedly found more than 200 movies and images of child pornography on a computer and thumb drive in the home.

Federal child pornography possession charges carry a maximum sentence of 20 years. If Follett had been charged under Massachusetts General Laws Chapter 272 Section 29C, his maximum possible sentence would have been 5 years in state prison.

As is alleged in Follett’s case, most child pornography possession cases involve the Internet or some other electronic communication, which gives rise to federal jurisdiction because it crosses state lines. The federal government is adding and assigning an increasing amount of U.S. Attorneys and FBI agents to investigate and prosecute child pornography crimes. If you think that you are being investigated for any crime, it is important to speak with an attorney.

Sources:

The Lowell Sun, Billerica man, a former teacher, pleads guilty to Internet child porn

The Boston Globe, Former Mass. teacher pleads to child porn charges

Continue reading "Billerica Man, a Former Teacher, Pleads Guilty to Federal Child Porn Charges " »

A disciplinary hearing is being conducted by the Boston City Council today during which Chuck Turner, who has represented Roxbury, is expected to be ousted.

Last month, Turner was convicted in federal court of attempted extortion and providing false statements to FBI agents. The dramatic trial featured a video , testimony and cross-examination of the Councilor, and a shouting confrontation between the U.S. Attorney and a key government witness. Prosecutors had alleged that Turner accepted money to help Ronald Wilburn, a Boston business man cooperating with the FBI, to get a liquor license. Turner is to be sentenced on January 25, and prosecutors haven’t disclosed what they will recommend. In the meantime, the City Council could expel Turner by a 2/3 vote at today’s disciplinary hearing. Six councilors have already stated that they will vote for removal, and 8 will be enough for expulsion. If it goes through, the expulsion will be effective Friday.

This is a high-profile example of how a criminal conviction can wreak havoc on a person’s future and reputation. Although Turner worked in public service for more than a decade, he could now suffer the humiliation of being the first member removed from office in the 100-year history of the City Council. Under state law, the conviction will force him to forfeit his city pension. If expelled, he could also lose his biweekly paycheck. This will all be in addition to his ultimate sentence, which could be up to 20 years for the extortion charge and up to 5 years each for the false statement charges.

If you have been charged with a crime, you need to hire an excellent defense attorney to protect not only your liberty but also your name, career and future.

Sources:

The Boston Globe: Turner’s City Council career expected to end later today

The Boston Globe: Boston Councilor Chuck Turner convicted on all counts in corruption case

Continue reading "Turner Likely to Be Expelled from Office Today" »

Sometimes it is tough to know what to believe in. This supposedly daily Boston-based criminal law blog has been posted only three times a week the past few weeks. Politicians are being indicted and convicted for white collar crimes. And now, Matthew J. Amorello, the former chairman of the Massachusetts Turnpike Authority, admits to drunken driving resulting in the August crash, allegedly passed out during booking and then disappearing for a day or so from the face of the Earth. And what about the criminal justice system itself? Does it give Mr. Amorello (hereinafter, the “Defendant”) special treatment?

Many will be complaining that he did get special treatment.

After all, upon his admission, he was merely ordered to give up his license for 45 days, attend alcohol awareness classes, and pay more than $500 in fines. In fact, the judge did not even impose a guilty finding!

The Defendant admitted, "Simply stated, I made a horrible mistake. Today I took responsibility for my actions." Speaking of the ordeal, he further stated, "I want to close this chapter of my life and start moving forward and will do that with the love and support of my family, my friends. It's been a difficult time and it's time to get up and dust myself off and get back to being Matt Amorello."

Continue reading "Attorney Sam’s Take: Matthew J. Amorello Admits To Drunk Driving And Leaving The Scene Of An Accident. Was The Court And Prosecution Too Lenient?" »

In response to a recent wave of church break-ins, Boston police are sending officers to churches around the city to gather information and give security-related advice. Roxbury’s Mission Church, formally named the Basilica of Our Lady of Perpetual Help, was broken into twice last month, and police think that the same suspect is also responsible for other thefts reported on November 22 and November 29.

A surveillance video released by police shows the most recent break-in. According to the Boston Globe, it captures a man forcing his way into a locked area of the church and leaving with a “gold object.”

St. Anthony Shrine, a Catholic church on Arch St. in Downtown Crossing, was broken into on November 17. There was damage to the property including a shattered window, but nothing of value was taken because, the executive director of the shrine thinks, the two donation boxes had been emptied earlier in the afternoon.

The person who is charged in connection with these church break-ins, or any one of the break-ins, will be facing some potentially severe punishments for burglary and other crimes. Here, it does not matter that the churches are not “dwellings” in the traditional sense (i.e. places where a person sleeps regularly)because Massachusetts has made statutory modifications to the definition of burglary and it includes breaking and entering into any building at any time with intent to commit a felony.

Even though nothing of value was taken from the St. Anthony Shrine, it doesn’t matter because a felony doesn’t have to be committed as long as it is proven that the defendant intended to commit a felony.

Burglary is punishable by up to 20 years if the defendant was not armed and didn’t make an assault. If you have been charged with burglary, call a defense lawyer right away.

Sources:

The Boston Globe, Boston police seek suspect in several Boston church break-ins

The Boston Globe: St. Anthony Shrine damaged during break-in

Continue reading "Police Looking for Suspect in Boston Church Break-Ins" »