Boston Criminal Lawyer Blog

It is the type of case that has long-lasting effects. As a Boston criminal lawyer of many years, I have seen more than my fair share of Massachusetts domestic violence cases. It is the type of case that is not only a terrible nightmare for the victims, but also the system itself…because of our history of riding the pendulum from one side to the other.

Yesterday morning, state and local police arrested 41-year-old Marcello Almeida (hereinafter, the “Defendant”). He is charged with the fatal Marshfield stabbing 24-year-old Patricia Frois (hereinafter, the “Deceased”). According to the Commonwealth, this was a domestic violence incident.

The assault was reported at around 8:01 a.m. in a building at the Village at Marshfield, an apartment complex of 20-unit buildings off of Route 139. The Deceased was found with multiple stab wounds in the building foyer. She was treated at the scene and transported to a local hospital, where she was pronounced dead at about 8:30 a.m.

State, local and federal officers rushed to the scene where they found the Defendant. He was allegedly hiding in a shed in a back yard near the apartment complex. Law enforcement says he did not put up a fight. He is, however, said to have been injured and taken to an area hospital under police guard.

People who had varying degrees of alleged knowledge of the couple say that there was a history of abuse and that the Deceased had been trying to get out of the relationship. Law enforcement is not revealing, as of yet, information on whether there had been previous complaints of abuse.

The Defendant will likely be charged with several counts, including Massachusetts murder and armed assault and battery.

Attorney Sam’s Take On Massachusetts Domestic Violence Cases

Domestic violence matters have been “hot potatoes” for a long time now. Years ago, such cases were just treated like a “marital squabble” and so ignored by the criminal justice system…until the resulting dead bodies started to pile up.

Continue reading "I am being accused of MA domestic violence. How serious is this?" »

As a long-time Boston criminal lawyer, I can tell you that jury selection, at least in the Massachusetts state courts, is usually an exercise that takes far less time than it does in other jurisdictions

There are exceptions, of course. For example, picking a jury in a Massachusetts rape case or anything that has children as the alleged victim, takes longer because many potential jurors simply do not want to serve on such a case.

In many jurisdictions, the court allows the attorneys to question the jurors.

Not in Massachusetts. As a result, picking the men and women who will make a decision that can end a citizen’s life as he knows it, usually takes around one to two hours.

Of course, the homicide case of the late Michael Jackson is not taking place in Massachusetts. The jury selection in that matter, has just taken place in California, has begun. Dr. Conrad Murry (hereinafter, the “Defendant”) is charged with involuntary manslaughter. Authorities contend he gave the singer a lethal dose of the anesthetic drug Propofol in the bedroom of the singer's rented mansion on June 25, 2009.

The jury, containing seven-men and five-women has been selected by active participation on the parts of both the attorneys and the court.

They were culled from a group of 145 potential jurors.

The trial is expected to take roughly five weeks. Opening statements are expected to begin tomorrow.

In Massachusetts, the trial would have probably been over before this jury was selected.

Attorney Sam’s Take On Who Selects Your Jury

“Sam, are you saying that a Massachusetts criminal defendant does not participate in selecting his own jury?”

Continue reading "The Boston Criminal Lawyer Blog Watches As A Jury Is Selected For The Michael Jackson Homicide Trial" »

Carlos J. Lanns, a 24-year-old New Jersey gentleman (and hereinafter, the “Defendant”), flew to Boston Monday…and into the arms of the law. He now stands charged with a number of Massachusetts drug crimes.

According to the Commonwealth, the Defendant arrived at Logan International Airport with 2.17 kilograms of cocaine, wrapped in plastic, in his shoes. Law enforcement values the drugs at an estimated street value of more than $200,000.

Prosecutors allege that the cocaine was hidden inside four pairs of shoes in his checked luggage. State Police arrested the Defendant shortly after he got off JetBlue Flight 862 from Santo Domingo, the capital of the Dominican Republic. Apparently, they had been alerted by US Customs and Border Protection.

While, the method used to find the drugs was not revealed “so as not to compromise ongoing interdiction efforts,” Suffolk District Attorney Daniel F. Conley’s office said, drug-sniffing dogs have been used in the past to check luggage from certain international flights.

At his arraignment, the Defendant is said to have seemed confused as his interpreter explained the proceedings to him. At his East Boston bail hearing, bail was set at $300,000 cash, although the Defendant had no prior record. The Commonwealth also requested that he be made to surrender his passport should bail be made as he allegedly has ties to the Dominican Republic.

It was so ordered.

The Defendant has pleaded not guilty to charges of trafficking in more than 200 grams of a Class B substance. He faces a possible 15-year mandatory minimum state prison sentence if convicted…

…so far.

Attorney Sam’s Take On State And Federal Drug Trafficking

"Ok, Sam, what do you mean by ‘so far’?”

Well, it would appear that any criminal investigation, or investigations, into the Defendant and his activities has just begun.

Continue reading "Boston Drug Trafficking Targeted At Logan Airport And East Boston District Court" »

Last week, the Boston Criminal Lawyer Blog discussed criminal prosecutions which result from unintentional acts. One of the things we discussed was Massachusetts motor vehicle crimes that result from car accidents.

Of course, not all such prosecutions result from mere accidents.

Take an incident at Boston University which occurred last week. There was a road rage incident which really got out of hand and resulted in the arrest of two men on Commonwealth Avenue.

The matter apparently came to the attention of law enforcement while it was in mid-stream. Their attention was first drawn to 42-year-old Nick Miller (hereinafter, “Bike Smasher”) as his vehicle struck a bicyclist. Bike Smasher’s car dragged the bicycle and the victim through a red light. Upon further inspection, they noticed that the car’s windows were broken.

However, this turned up to be the tip of the proverbial iceberg.

Apparently, after the bicyclist was struck and dragged, another gentleman entered the scene. Leaving a vehicle on the other side of the intersection came 39-year-old Rocky Jace (hereinafter, “Slugger”). He was carrying a tire iron. He then used the tire iron to smash Bike Smasher’s windshield.

According to witnesses, Bike Smasher and Slugger had been engaged in a road-rage fight before the bike was hit. It was at that time that Slugger apparently broke the rear and side windows of Bike Smasher’s vehicle.

Now, after the striking of the bike, Slugger was back to continue the job.

However, the police on the scene had other ideas. They charged Slugger with Massachusetts Assault and Battery by means of a Dangerous Weapon, Driving to Endanger, Malicious Destruction of Property and various motor vehicle violations. Bike Smasher was charged with assault and battery and malicious destruction of property.

Both gentlemen are apparently from Providence and knew each other from work.

The bicyclist is a recent College of Arts and Sciences graduate. He indicates that he is grateful to be alive and does not remember jumping from his bike, which probably saved him. He reportedly had bruises and scrapes but refused medical attention.
That is not likely to help the resulting civil lawsuit.

The bicycle, according to accounts, was damaged beyond repair.

Attorney Sam’s Take MA Road Rage And Related Crimes

Road Rage, like hate crimes, is a category of crime. The actual offenses, as you can see above, break down to assault, battery, malicious destruction of property and the like.

Continue reading "Road Rage Near Boston University Results In Assault, Battery And Motor Vehicle Criminal Charges" »

It seems to this Boston criminal lawyer that MA white collar criminal prosecutions seem to have become the “in” thing over the past couple of years. The most recent setting Boston’s federal court and the headline-grabbing sentencing arguments involved in the sentencing of Former House Speaker Sal DiMasi.

Yesterday, it was announced that another ex-public servant is looking down the barrel of the criminal justice system. This time, it is state court. To be specific, a Suffolk County grand jury has indicted former probation commissioner John O’Brien (hereinafter, the “Defendant”) on charges that he traded political donations to former state treasurer Timothy P. Cahill in exchange for a job for his Mrs. O’Brien.

The grand jury also indicted the Defendant’s chief of staff at the time, Scott Campbell, who handled personnel matters for Cahill. This would indicate that the Boston white collar crime is also being prosecuted as a Boston criminal conspiracy case.

By the way, Cahill was apparently not indicted.

The indictments were handed down in June and unsealed today, according to one source. The two men are expected to be arraigned next week.

The investigation was handled by Attorney General Martha Coakley. However, an independent counsel had been called in to investigate the charges of political patronage in the Probation Department this past November. This was apparently in response to the Boston Globe Spotlight Team series releasing a report portraying the agency as rife with patronage. The special counsel, Paul F. Ware Jr., launched his probe and, since, federal and state officials continued the investigation into allegations of rigged hiring, illegal campaign contributions, and other abuses. This would include alleged orchestration of donations by the Defendant in order to boot job prospects for his wife and, perhaps, his daughter.

If the Commonwealth’s allegations are true, Boston Probation’s part in criminal justice became a game the whole family could play!

Until now, there have been resignations, but not criminal prosecutions in connection to what might become known as “Probation-Gate”.

Today, it was Ware’s moment to shine in the limelight. He declared, “The return of the indictment today against former Commissioner O’Brien and the chief of staff of the state treasurer’s office is to be expected. To me, it is confirmation of the facts found during the course of my investigation... State jobs should not be a dividend for the connected nor for existing state employees in responsible positions. This charge strikes another blow to corruption in state government,”

Attorney Sam’s Take On Federal Investigations And Prosecutions

“Hey, Sam, how do the prosecutors decide who they will and who they will not indict?”

Continue reading "Former Probation Commissioner Is Prosecuted For MA White Collar Crimes In Boston" »

This has been a sad week for Massachusetts babies.

We began the week with the story about a 13-month old boy being found dead in the back of a van. Now, as the week comes to a close, news of a 3-year-old boy from Weymouth being found dead crosses our bow. This occurred yesterday after what is being called an accident occurring while he was napping according to the Commonwealth.

According to the local district attorney’s office, the death does not appear to be suspicious, although it is still under investigation. What the mysterious accident was has not yet been announced. All we are told is that there was an adult in the home and the child was taking a nap.

It is said that medical results in the case are expected to come in today. Apparently, said result will either close the investigation…or start it anew.

The question, of course, is what do these tragic stories have to do with you?

Attorney Sam’s Take On Massachusetts Criminal Investigations Into Tragic Accidents

A Child Is Found Dead. The very thought of it upsets all of us. It upsetsMassachusetts law enforcement too. After all, they see their job as protecting the innocent. What can be more innocent than a baby? So, I suppose it is not surprising that one of the first responses to such a tragedy is “who is to blame?”

Continue reading "MA Infant Tragedies And Homicide Investigations" »

Well, the state court certainly wants your attention this week, doesn’t it?

Yesterday, the Boston Criminal Lawyer Blog discussed your receiving a summons to go to court for an arraignment. Today, it is not so bad…but it is certainly cause for concern. You have received a summons requiring you to appear before a Grand Jury.

We have discussed Grand Juries before. In order to get an indictment and move a criminal case from district court to superior court, the Commonwealth presents evidence before a room full of jurors called a “Grand Jury”. After presenting that evidence, the prosecutor asks the jurors to return a “true bill”, or an Indictment.

The Grand Jury then votes to either return the Indictment as requested or not to do so.

Are you wondering what the chances are that the prosecutor will get his or her request?

Attorney Sam’s Take On Massachusetts Grand Jury Summonses

There is an old addage that answers that query. It is that a prosecutor could indict a ham sandwhich if he tried. In other words, at least in Massachusetts, it is rare that a Grand Jury does not does not return the charges requested by the prosecutor.

Continue reading "I Have Received A Summons To Appear Before A Massachusetts Grand Jury – What Is THAT?" »

Your Cambridge work day is over and you return home. You are minding your own buisenss as you pick up the mail and bring it into your home.

You have received something from the Clerk’s Office in Suffolk County where you used to live. You open the envelope and find that you are being commanded to appear in court for something called an Arraignment.

You read further to find that Lisa Liar, your old flame, has claimed that you assaulted her last month. Further she says it was a Boston domestic violence incident.

Now what? Is it time to stand yourself against the wall and assume the position?

Not quite yet.

Attorney Sam’s Take On Massachusetts Criminal Summonses

No, your life is not over.

The summons that you have received indicates that a criminal complaint for Massachusetts assault has been issued against you. Yes, you need to show up for the arraignment. Yes, you have a criminal case pending against you But, no, all is not lost.

Continue reading "I Have Received A MA Criminal Summons In The Mail…Am I Under Arrest?" »

Bridgewater’s Patricia A. Neville-Colp (hereianfter, the “Defendant”) is facing that issue right now. On Saturday night, the State Police say that she was involved in a car accident in Stoughton. They say that, due to her actions, two people are seriously injured and one person is dead.

The Defendant will be making her way today into the Massachusetts criminal justice system by way of Stoughton District Court. She is charged with the Stoughton homicide and driving under the influence of both alcohol and drugs. Apparently, she also had some drugs in the car when police arrested her.

Today on The Boston Criminal Lawyer Blog…when might you be charged with a MA motor vehicle crime as a result of an accident?

Attorney Sam’s Take On Automobile Accidents And Crimes

First of all, you have to understand that there are various types of automobile mishaps that can happen. Nearly all of them, under our usual definition of the word, are not intentional.

“So, isn’t that what makes the difference, Sam ? If it is intentional, then it is a crime, but if it is merely an accident, it is not a crime?”

Kinda-sorta, but it is not quite that simple.

Continue reading "Will I Be Arrested In Massachusetts If I Am In A Car Accident And There Is An Injury?" »

When the Boston Criminal Lawyer Blog left off on Tuesday, a child was looking at the entrance to the criminal justice system – the MA juvenile system.

There are many misconceptions about the juvenile justice system, just as there are about the adult system.

Unfortunately, the person who pays the price for these misconceptions is the juvenile.

That juvenile is also the one with the most to lose.

Attorney Sam’s Take On What Passes For Massachusetts Criminal Justice

The goal in the criminal justice system in general is, of course, to “do justice”. But, what does that mean? Most likely, if you ask 80 different people, you are likely to get 360 different answers. It depends on the individuals’ experiences and perspectives. However, over the years, we have culled together general beliefs on what Justice should mean in a court of law. We have spent a great deal of time discussing the realities on how that all works out in adult criminal court.

Continue reading "My Child Has Been Charged With A Crime…What Do I Do? A Boston Criminal Lawyer Discusses MA Juvenile Court Realities " »

As a result of a Saturday night incident, a Massachusetts juvenile and young adult will not be returning to school today.

One of the youths, a 16-year-old male(hereinafter, the “Defendant”) was arrested and charged with illegally carrying a Massachusetts firearm and ammunition. The matter is more than just another Boston gun possession case. The Boston Police Department became aware of the Defendant as they responded to a scene nearby in the South End after an 18-year-old male (hereinafter, the “Deceased”) had been fatally shot.

Law enforcement is unsure as to whether the Boston homicide and gun possession are related in any case. In fact, Boston Police spokesman James Kenneally said yesterday that no arrests have been made in connection with the homicide.

Clearly, the Boston criminal investigation continues.

What officials are ready to reveal is that the Defendant was among four folks in a gold-colored vehicle which officers stopped along Annunciation Road Saturday night about 1 mile from Tremont and West Brookline streets. It was at that location that police said they found the Deceased suffering from multiple gunshot wounds at about 7:20 p.m. Officers further indicated that the vehicle matched a description of a vehicle seen leaving the scene.

The occupants of the vehicle are said to have fled, during which chase the Defendant is alleged to have tossed the gun. The officers apprehended him…and the gun.

The Deceased was pronounced dead at Boston Medical Center.

A police officer seeking information from potential witnesses or those who knew the teen spoke with some of those who stopped at yesterday’s memorial.

Police urged anyone with information to call the homicide unit at 617-343-4470, or anonymously through the CrimeStoppers Tip Line at 1-800-494-TIPS.

Are you a youth? Do you have kids? Do you ever hang around with kids? Or people with guns?

You may want to read on, because there is something you should know.

Attorney Sam’s Take On Massachusetts Juveniles And Murder Cases

As an experienced Boston criminal lawyer, as well as a former New York prosecutor, I have been involved in my share of criminal investigations. It is axiomatic that the higher the profile of these matters the more pressure there is put on law enforcement to solve them.

Continue reading "MA Juvenile Arrests – What If Your Kids Are Questioned Or Investigated For A Crime" »

Today is Labor Day. I am a Boston Criminal Lawyer. It is what I do in my days of labor. And so it seems appropriate to post this blog today, rather than this past Friday. Call it rationalization if you wish, but today we tackle the question to which I referred on Thursday. What if you are dissatisfied with your criminal defense attorney? Are you stuck?

Unlike most of the questions we pose in this daily blog, there is a simple one-word answer to this question. The answer is “no”.

There are, however, some things you should keep in mind.

Attorney Sam’s Take On What You Want In An Experienced Criminal Defense Attorney

There are a number if things to keep in mind if you are looking to switch counsel in an ongoing criminal case. One is the timing of the switch.

“I know… because if you change too deeply in, you will anger the prosecutor or the judge, right?”

Continue reading "“I unhappy With My Boston Criminal Lawyer. Can I Change Attorneys?”" »

This has been a pretty bad week for you as far as the Boston Criminal Lawyer Blog is concerned. Earlier in the week, you were facing two trials. Yesterday, you were arrested.

The news is good and bad today. The good news is that you have not been arrested after all. The bad news is that you have learned that there is a Massachusetts warrant out for your arrest.

Similar to the issues discussed yesterday, there are general factors when it comes to arrest warrants which are the same whether the underlying accusations are for a Tewksbury home invasion, a Mattapan gun possession or a Swampscott drug case.

However, with such a warrant, law enforcement can pick you up any place and any time and place you in custody. There will not be any issue of bail until you find yourself in front of a judge, who must then vacate the warrant. Then, there will likely be a Massachusetts bail hearing to decide where you will be staying for the next several months (at least).

There is a simple two-word answer to the question of what to do when you find out about the warrant. Namely, “Get Counsel”!

On the other hand, if you are a daily reader of this blog, you know that every few situations in criminal justice can be summed up in two words.

Attorney Sam’s Take On MA Arrest Warrants

Massachusetts arrest warrants are usually issued when one of two things have happened. One is that, whether you knew it or not, there was a criminal investigation taking place in your name. The Commonwealth has decided to charge you with one or more crimes. The purpose of the warrant is to have you picked up and brought in before the court. In custody. Once there, the lawyers can argue under what conditions you might be released.

Continue reading " “I Have Learned There Is A MA Arrest Warrant Out For Me. What Do I Do?”" »