Boston Criminal Lawyer Blog

Every now and again, even an experienced criminal defense attorney of over a quarter century has to scratch his head and rub whatever scant hairs remain thereupon.

The case comes to us from Attleboro. A 41-year-old mother (hereinafter, the “Defendant”), is crying “foul” as she faces her day of judgment. You see, the Defendant insists that she was duped into committing what turned out to be a crime.

The alleged trickster, from Iowa, had duped the Defendant, claiming to be a professional photographer. He apparently took advantage of the fact that the Defendant wanted to be a model.

Well, actually not just her. Her and her daughter.

Her ten year old daughter.

Hey…who knew that it was illegal to pose your 10-year-old daughter nude over a webcam to get work?

Continue reading "ATTLEBORO MOTHER GOES TO JAIL AFTER BROADCASTING HER NAKED 10-YEAR-OLD OVER THE INTERNET" »

In most cases, from OUI, to drug crimes , to rape, the criminal justice system views the beginning of your prosecution when you are brought into court and standing before either a judge of some sort for arraignment. In some cases, usually in superior court, Clerk Magistrates handle the arraignments. Make no mistake though…this is no Clerk Magistrate Hearing for probable cause. No, that bird, if it ever existed in this case, has flown.

You have been charged. That accusation is now on your record. That is not likely to change for a long time…if ever.

Yesterday, we discussed the reasons you might want to bring an experienced criminal defense attorney to a Clerk Magistrate’s Hearing.

Today, as you enter the halls of Justice, either via summons or chains, you wonder if now would be a good time to hire competent counsel…or would that be pushing it?

Attorney Sam’s Take On Why You Want Experienced Counsel At Your Arraignment

Well, if you are even the most casual regular reader of the Boston Criminal Lawyer Blog, you know that my answer to that question is that it would not be “pushing it”. In fact, as stated many times before, it would have been better had you had experienced counsel well before your arraignment.

However, my talents as a lawyer do not include turning back time. So, let’s pick it up at the arraignment.

Continue reading "“SHOULD I HIRE A CRIMINAL LAWYER FOR MY ARRAIGNMENT?” (Part Two)" »

You have been charged with a crime.

You went to court, either for a Clerk Magistrate’s Hearing or for your Arraignment, without a lawyer. You figured the court would give you a lawyer and you would be home free. After all, maybe you know you did not do what they say you did. Perhaps you figure they will never be able to prove it if you did.

As you walked confidently into the courtroom, you figured, “I will just tell my side of things and this pain in my schedule will be over.”

Well, chances are, if you went to a Clerk Magistrate’s Hearing, you walked out muttering something about being “railroaded”. The Clerk listened politely to whatever the complainant had to say, although you knew that said complaint was lying badly. When you told your side of things, the Clerk simply shrugged, found probable cause and told you that you would receive notice of your Arraignment in the mail shortly.

If it was an Arraignment, some attorney you have never met before stood up on your case knowing next to nothing about either you or the allegations against you. Maybe there was a bail hearing and you are now locked up. Perhaps the judge told you that you do not qualify for court-appointed counsel and will have to either go out and hire an attorney by next time or represent yourself.

Perhaps you have now learned…you do not want to simply represent yourself.

Attorney Sam’s Take On Why There Is A Rush To Retain An Experienced Criminal Defense Attorney

If either of the scenarios above occurred, you are already a few steps behind where you could have been in your new criminal justice nightmare. The fact is that, upon learning you were being charged with a crime, you were already behind the prosecution. The prosecution had already conducted its criminal investigation and decided on the evidence against you and the charges you will face.

Continue reading "THE CRIMINAL JUSTICE CLOCK IS TICKING, WHETHER THE CASE IS DRUNK DRIVING, MURDER OR EMBEZZLEMENT (Part One)" »

The Boston Criminal Lawyer Blog was discussing evidence. How much is necessary to find a defendant guilty. What kind of evidence can be admitted and when.

That kind of thing.

Putting aside the issue of actual character evidence, bad acts and prior
convictions are often admissible to impeach a witnes's credibility.

"Isn't that to show the witness has a bad character?"

Well, technically, no. It is an example of a legal splitting of the proverbial hairs. For example, this evidence can not be introduced into evidence to show that the
witness has a propensity to commit such bad acts. It is only admissible, in
most cases, to be considered by a jury when judging credibility.

"So, isn't that the same thing as showing that the witness is not worthy of belief because he or she has a bad character? Bad character because he or she commits bad acts?"

You might see it that way, in every-day logic, but according to the law...not really. It is just
there as information the jury may want to consider when judging credibility.

Period.

"Ok...is that the only reason for which such evidence can be admitted into evidence?"

No. There are, as usual, exceptions to the general rule. For example, let's
say a criminal defendant is on trial for Kidnapping and rape. The Commonwealth contends that he lured an unsuspecting lass to him by advertising that he was giving away a free puppy. It turns out that there were three previous allegations against him for rape and, each time, he allegedly did it by luring
his alleged victims by an ad stating that he was giving away a free puppy. He
was convicted on those previous matters, by the way.

"Doesn't the fact that he was found guilty in those cases mean that this evidence automatically can come in?

Continue reading "ATTORNEY SAM’S TAKE ON HOW MUCH EVIDENCE IS ENOUGH TO CONVICT YOU OF A CRIME? (Part Two)" »

Two 20-year-old UMass-Dartmouth students have been arrested on charges of possession of over $20,000 worth of drugs. According to news reports, detectives found and confiscated the following:

• 3.5 pounds of marijuana
• 35 grams of ecstasy
• 5 Alprazolam tablets (a benzodiazepine prescribed to treat anxiety disorders)
• 8 bottles of what is allegedly liquid THC (found in cannabis)
• drug paraphernalia
• a digital scale
• $833.00 cash

The students, Jason Cauley and Daniel Wharton, have been suspended and will face criminal charges as well as repercussions from the college. Both men were charged with possession of Class D drugs (marijuana) as well as conspiracy to violate drug laws. Cauley was also charged with possession of a Class E substance (Alprazolam) and possession with intent to distribute a Class B substance (ecstasy).

If the students were living off-campus and were not engaged in any type of school-related activity, then why should they be further punished by the University? Generally, students have a lower expectation of privacy even when engaging in off-campus activities that are sponsored by the school. This means officials don’t necessarily need a warrant and probable cause to search. Here, Cauley and Wharton were search off-campus, but were not engaged in any sponsored activity by the college.

It seems that in this case, however, although they live off-campus, the UMass-Dartmouth Alcohol and Drug Policy still permits seizure of such items. The policy provides that its students are still required to abide by all laws and can face additional sanctions by the university (“All members of the University community (and their visitors) are expected to abide by the laws regarding illegal use of alcohol and drugs. Failure to abide by these laws may result in criminal penalties, as well as University judicial sanctions, including suspension or dismissal.”)

However, although the students were in violation of MA laws, it is not yet known what triggered the search of the students’ residence, whether the officers had any reliable reason for initiating the search to begin with, and what the college’s policy is on searches of off-campus residences. Facing such drug charges at any time in one’s life is incredibly stressful and damaging. During the college years, however, the repercussions can be even more damaging to one’s future educational and employment opportunities. College students should seek immediate legal representation to defend their rights and reputation.

UMass students arrested on drug charges, Boston.com, February 17, 2012

There is in the old adage in the practice of law. It reads, “If the facts are on your side, pound on the facts. If the law is on your side, pound on the law. If neither are on your side, pound on the table. “

Perhaps this gives some glimpse into the “chicken and egg” issue of how much evidence is enough to win a case. Although I have handled many civil cases, my expertise is the practice of criminal law. Therefore I will restrict my conversation herein to criminal trials.

We spend a fair amount of time in the Boston Criminal Lawyer Blog talking about law. We talk about the applications of the law, the changes in the law and the need to have experienced criminal defense attorney on your side who understands the law. Today, let's talk about the issue of evidence.

Sometimes, I am horrified when reminded how little people understand about evidence. I'm not so shocked to hear that they don't understand all the rules of evidence. How would they when they have never had to deal with it before? But I am amazed to learn that people actually think that a mountain of evidence is necessary in order for the Commonwealth to win a criminal trial.

This is not true.

Many cases, particularly sex crimes, come down to a “he said - she said” issue. In such cases, I am often advised by a prospective client that there is no way the prosecution can win because they only have her word for it. I then have to break the news that her word is plenty if the jury believes her word beyond a reasonable doubt.

“But Sam, what if she is a bad person? Surely, when you show the judge that he will dismiss the charges.”

No such luck

"You mean to tell me that it doesn't matter at all about the so-called victims history?"

Continue reading "ATTORNEY SAM’S TAKE ON HOW MUCH EVIDENCE IS ENOUGH TO CONVICT YOU OF A CRIME? (Part One)" »

Here’s a sweet little tale for Valentine’s Day.

Allen M. Stilkey, 40, of Douglas, (hereinafter, the “Defendant”) was a married man until very recently. You see, he is alleged to have had a incident last week.

The result? His wife is dead and he is charged with her homicide.

The Defendant was no weakling. In fact, the 230-pound, 6-foot man was an arm-wrestler who, in 1995, was the International Arm Wrestling Federation Arm Wrestler of the Year.

According to the Commonwealth, the Defendant and his wife were engaged in a very heated argument. The argument is said to have included broken furniture and glass. A witness purportedly told police that “Allen Stilkey was threatening to kill her” and that Lisa Stilkey, the wife, had claimed her husband “had been beating and choking her for several months.”

Further, the Commonwealth indicates that the Defendant was threatening to killer her during a phone call that night.

The Commonwealth claims that the Defendant was on the first floor, when his wife ran to the second floor out of fear. She then threw a pillow out of the window and then jumped out herself. She was rushed to the hospital and declared dead. As she was en route, the Defendant allegedly barricaded himself in the home and refused to let police in. The police got a warrant and entered the home on Saturday, where they found evidence that “a violent struggle had occurred in the home.”

The Defendant was arraigned in Uxbridge District Court where he has pleaded not guilty to charges of manslaughter, assault and battery and threatening to commit a crime.

While the Commonwealth requested bail in the amount of $500,000, the court decided to hold him without any bail instead.

Attorney Sam’s Take On Manslaughter And Domestic Violence

While this case would likely be prosecuted as a homicide in any event, the fact that it is a domestic violence incident pumps up the public attention. For example, a criminal defendant facing manslaughter charges would not necessarily be held with no bail. However, I can tell you that the courts are getting tougher and tougher regarding the treatment of domestic violence cases…even if said charges are actually dismissed!

But that is a mutilation of fairness for another day.

Continue reading "DOUGLAS MASS IS SCENE OF DOMESTIC VIOLENCE MATTER THAT ENDS IN HOMICIDE" »

The Boston Criminal Lawyer Blog has discussed many stories which demonstrate that, particularly with new technology, law enforcement has such tools in its arsenal that attempting to out-race them is futile.

Well, Boston police made an arrest on Friday night which shows that the reverse is not necessarily true.

Twenty-two year old Dexter Winnie (hereinafter, the “Defendant”) was pulled over by a plain clothes officer for failing to use his turn signal. Officers then searched the Defendant and his car after noting the smell of marijuana. The search turned up marijuana, a knife, and brass knuckles.

The Defendant was arrested on weapons and drug charges, as well as receiving the original traffic citation.

During the stop, the officers report that they could hear a Boston Police Operations broadcast coming from inside the Defendant’s car. It turns out that the transmission was coming from an application from the Defendant’s phone.

So they seized the cell phone too.

Attorney Sam's Take On Search, Seizure And Pot

One wonders what the Defendant heard during the moments preceding his car being stopped. Clearly, it did not give him enough warning to be wary.

Perhaps the facts of this case will all come out someday. If it does, it is unlikely to be because of the trial of the matter.

“Why is that, Sam? Because the Defendant was caught with the contraband and so he has no choice but to plead guilty?”

Continue reading "DORCHESTER DRIVER IS ARRESTED FOR DRUGS, WEAPONS AND…A SMART PHONE APP?" »

In case you were not aware of it, the police do not always simply lay in wait of alleged criminal activity. Sometimes they go out and target certain types of crimes. Such incidents are usually called “sweeps” and have fancy names for the operation.

Today’s story involves a sweep of alleged gang members.

In Holyoke, law enforcement arrested 20 people in a gang and drug sweep. It was a multi-agency criminal investigation

The sweep took place on Thursday. Hampden District Attorney Mark Mastroianni announced that said suspects face a variety of drug charges. Further, six people who were already in custody face additional charges. Finally, arrest warrants were issued for four more people who remain at large.

The DA also announced that the criminal investigation into what he referred to a “La Familia gang” also resulted in the seizure of 3,300 bags of heroin, two guns and cocaine.

The DA says the sweep was part of an ongoing effort to interrupt the illegal drug trade in the city.

Attorney Sam's Take On Sweeps, Gangs And “Mere Presence”

You do not need a Boston Criminal Lawyer to tell you that when these sweeps take place, anyone alleged to be carrying any drugs or guns are going to be arrested. The chief issue is likely to be whether the police had the right to the search and seizure involved. That is an issue we have discussed, and will discuss further, in future blogs.

Today, though, let’s discuss other issues that this story brings up.

Continue reading "HOLYOKE DRUG AND GANG SWEEP RESULTS IN ARRESTS, GUNS AND DRUGS" »

As you know, if you are a daily reader, the Boston Criminal Lawyer Blog often finds fault with the criminal justice system. Frequent targets of my wrath are law enforcement officers and district attorneys.

Well, I guess that makes sense. I am, after all, a criminal defense attorney.

However, the fact remains that, in general, I have a great deal of respect for cops. I just think that it is important to remember that, while given certain privileges and honors, we sometimes fail to remember that they are, after all, human beings. Human beings, all of us, have faults and weaknesses. What frustrates me is that the rest of the public, as well as judges and prosecutors, overly follow what is represented by police officers…sometimes blindly.

But that is an argument for another day.

Today, I bring to your attention a positive story about a cop. He is being deemed a hero, and I could not agree more.

Boston Police Officer Robert Robichaud began today by responding to a 3:45am call of a distraught female who was threatening to jump from a roof of a Dorchester apartment. He ended up saving a life.

The officer who had been with the department for three years says. “A call came in for a person on the roof and I happened to be right around the corner from the call,” Robichaud explains. “Nothing was really going through my head, I just responded to the call.”

Apparently, when he arrived at the scene, the woman was sitting on the roof yelling at the folks below.

“I saw who I believe is her daughter and somebody else she was talking to on the ground,” he said. “Several others were looking on from their porches and windows.”

Additional officers arrived went into the home to try to speak with the woman from an upstairs window. Robichaud stood on the front steps and attempted to engage her from the ground.

Continue reading "DORCHESTER HERO COP SAVES LIFE WHILE RISKING HIS OWN" »

The Boston Criminal Lawyer Blog has advised many times that you not try to out-fight, out-run or out-smart investigating officers.

However, it would appear that I had failed to advise something else…something I thought was a given. Apparently, I was wrong. Sorry.

But here it is…when law enforcement comes a-calling and letting you know that they are investigating you for criminal activity and do things like take away your computer…it is not a wise thing to then go and do the same thing for which they say they are investigating you.

Let’s discuss the matter of 23-year-old Keven McNicol (hereinafter, the “Defendant”). Now, he has pleaded “not guilty” to all charges, so as far as I know, he is innocent of all the nasty things folks are saying about him.

The Commonwealth says that he is yet another threat to children to hit the headlines recently. According to law enforcement, the Massachusetts Internet Crimes Against Children Task Force (“ICAC”) received a tip nearly nine months ago from a National Center for Missing Exploited Children CyberTipline. The information concerned an upload of child pornography to a website.

A joint criminal investigation ensued between ICAC, Massachusetts State Police, the Barnstable County Sheriff’s Office, and the Barnstable Police Department. As part of that investigation, the Defendant’s laptop computer was seized pursuant to a search warrant.

The Defendant was not arrested at that time. Instead, there was a forensic examination of his computer which allegedly revealed several videos and images of young females being posed in states of nudity and engaged in sexual acts. The Commonwealth says that the videos appeared to have been created during webcam chats the Defendant was having with the young females. The search was on for the girls and, finally, one was found and interviewed.

Now, you may be wondering what the Defendant was doing with himself while the authorities continued their criminal investigation.

Well, according to the Commonwealth, the girl interviewed reported that two months after the Defendant’s computer had been seized, he had contacted her again online, continuing his efforts to get her to take more pictures of herself to send to him.

On February 6th, armed with an arrest warrant, authorities arrested the Defendant in North Weymouth. He has been arraigned in Barnstable District Court on charges of posing a child nude and engaged in sexual activity, possession of child pornography, disseminating obscene matter to minors, and videotaping a nude person without their knowledge.

Continue reading "CAPE COD MAN IS ACCUSED OF INVOLVEMENT IN THE CHILD PORNOGRAPHY TRADE…EVEN AFTER LAW ENFORCEMENT SIEZES HIS COMPUTER" »

Super Bowl Sunday 2012 was a stunning disappointment for many New England Patriots fans. Some fans took their emotions to a higher level. And they may pay the price for it. According to the campus police, fighting from members of an unruly crowd of angry fans began around 10:00pm when the game ended and the crowd was told to disperse only a few minutes later.

Police arrested 14 individuals (including 13 students) during this disturbance and the criminal charges against them are being headed by Northwestern District Attorney David E. Sullivan, who plans to “vigorously prosecute” the individuals. The arrestees are being charged with failure to disperse, disorderly conduct, and rioting. The students involved will also be disciplined by the school authorities, according to media reports.

Interestingly, however, in what appears to be a departure from other past school riots where fires broke out and students were hospitalized, there were no reported injuries and no reported damages that occurred as a result of this incident at UMass. No other serious riots or injuries were reported on campuses (and for that matter, in general) following the game on Sunday evening.

14 arrested in post-Super Bowl fracas on UMass-Amherst campus; DA vows to ‘vigorously prosecute’ all suspects, Boston.com, February 6, 2012

Twenty-four-year-old Ryan A. Perez was indicted by a grand jury today on several charges stemming from allegations that he filmed nude women in the women’s locker room at the Somerville YMCA. Perez has been charged with wiretapping, possession of child pornography (found on his phone after police were authorized to search it), and “photographing an unsuspecting nude person,” according to media reports.

As earlier news reports indicated, Perez was allegedly caught videotaping a woman from underneath a bathroom stall—using a cell phone—on the morning of November 1, 2011at the Somerville YMCA. An investigation of his phone revealed several videos made during a short period of time that day, as well as child pornography. The case is being led by Middlesex District Attorney Gerard Leone. Perez was indicted in Middlesex District Court.

Massachusetts courts take charges of sex crimes incredibly seriously. Conviction can result not only in harsh penalties, including imprisonment, but also lifelong stigma, a tarnished reputation, and consequent difficulty finding future employment and educational opportunities. Moreover, convicted sex offenders are also required to register with the Massachusetts Sex Offender Registry Board.

Charges of “Peeping Toms” are not all that uncommon in Massachusetts, with multiple reports and arrests made in the Boston area over the last several years. The seriousness of Peeping Toms charges has risen dramatically with YouTube, blogs, and other means of distributing videos and photos globally. To reduce the risk of occurrences like the more recent incident at the Somerville YMCA, many gyms today forbid the use of any cell phones in locker rooms. Of course, such rules are useless in situations where unauthorized persons enter a locker room. Perez will need to mount an incredibly strong defense if he has any hope of dismissing or mitigating the charges against him.

Somerville man indicted on videotaping women at YMCA, Boston.com, February 7, 2012

Peeping Tom video lands two students in district court, Boston.com, June 12, 2008

Do you need some more proof that times have changed in the criminal justice system? Want some more evidence that sometimes prosecutions are all about publicity?

Let’s turn to a short-lived prosecution in Fall River.

You may remember the horrific story from last year wherein it turned out that a woman was found dead in a public pool. Well, it was actually a bit worse than that. The woman was actually found quite awhile after she had died in the pool. In fact, two days had passed.

During the intermittent time? Folks swam on, unaware that they were swimming in such a morbid scene.

Of course, such are the things of which lawsuits are made. Civil actions from the family of the deceased woman. Civil lawsuits from the patrons who swam in the death-infested water. Not to mention the lawsuit from the poor souls who saw the body!

Well, the Commonwealth decided that civil lawsuits were not enough this time. The local district attorney decided that criminal charges should be brought. No, not regarding the death of the deceased…but because of the kids who swam in the water wherein the corpse lay.

On Tuesday, that criminal action ended with a whimper, not a bang. The two former Massachusetts recreation managers who had been charged with reckless endangerment of a child turned to the judge for justice.

The court was limited in what it could do. You see, it could not simply dismiss the charges even if it wanted to. What it could do, however, was allow the defendants a chance to end the case without guilty findings.

Continue reading "FALL RIVER POOL OF DEATH PROSECUTION ENDS WITH A CWOF" »

Hey, anybody out there remember the movie (original or remake) of the Texas Chainsaw Massacre? Well, a Fitchburg woman experienced a scene more akin to that than the federal criminal investigation it turned out to be.

Everybody ended up taken by surprise in this horror story…

The Fitchburg woman, and her three-year-old daughter, ended up shocked by the chainsaw entrance of the FBI agents. The agents ended up surprised that they had accidently raided the wrong home!

The federal agents had come ready to seize drugs and guns and make the accompanying busts. However, while they had the right floor…they had the wrong apartment.

This, of course, was no solace when the woman who" just happened to glance over and saw this huge chainsaw ripping down the side of my door." she said. Within moments, the chainsaw had cut through most of the door, and one of the agents kicked the rest of it in.

Then came the shout, “FBI! Get down!” and the clicking of a gun.

She hit the floor.

The dog was apparently barking and the young child was in another room screaming for her mother. An agent told her to get her dog and she did so, laying in the dog’s urine as she urinated on herself. The three-year-old continued screaming, but the agents told mommy not to move. Fearing she would be shot if she got up, she stayed on the floor as the child continued screaming.

The investigation which had led the agents to the home had been approximately two-years long. It took a little longer to determine they had the wrong place.

While an agent came back later to apologize, the woman says the apology did not seem genuine. "For me it felt (like a) routine apology, it felt like just a regular, 'I'm sorry for the inconvenience. Here's the phone number for your landlord to get reimbursed for the door, have a good day.' And that's how I felt, like it was a smack in the face."

Attorney Sam’s Take On Investigations And Credibility

No, this is not simply me taking advantage of a mistake made by law enforcement in order to tear into them. As I have said in the past, I actually have a great deal of respect for most officers. They have an extremely difficult job and I think that most of them try to do it to the best of their ability.

Continue reading "FEDERAL AGENTS FUMBLE GUNS AND DRUGS RAID IN FITCHBURG" »

The Boston Criminal Lawyer Blog has long been telling you that the law does not really recognize “self-help” solutions to problems.

Particularly when said self-help is a crime.

Some folks seem to still believe that if a person has a good reason to commit a crime…such as revenge…then the court will look the other way. It doesn’t.

Let’s take a case that dominated the news on Friday. It hails from Salem. A woman was brought to court on charges that she boarded a school bus and hit a 5-year-old girl as apparent pay-back for hitting her son previously.

The woman, Dominique Hans (hereinafter, the “Defendant”) was arraigned Friday in Salem district court, charged with assault and battery and disorderly conduct. She pleaded “not guilty” and was released after a bail hearing.

Bail was set in the amount of $1,000 and she was Ordered by the court to have no contact with the alleged victim or her family and to stay away from the bus stop.

The Defendant, a bit more vocal than most, then made statements to the press that she merely “confronted” the girl for hitting her 6-year-old son, but did not hit her. She does say, though, that she held the girl’s face to get her attention.

Apparently, the Defendant’s ire was worsened when, she says, the school officials ignored her complaints that the kindergartner had hit the little boy.

Attorney Sam’s Take On Massachusetts Assault And Battery

Well, there are a couple of points to discuss in this matter.

Continue reading "SALEM CHILD ASSAULT AND BATTERY CASE PRESENTS A PLEA OF “NOT GUILTY” FOLLOWED BY AN ADMISSION OF GUILT" »

As you have learned from reading this daily Boston Criminal Lawyer Blog, criminal laws are getting more and more complex. Changes in the laws take place all the time. This is but one of the reasons that I urge you to retain the advice and aid of an experienced criminal defense attorney when you find yourself an unwilling guest in the Halls of Justice…or, better yet, before you even enter the door.

Let’s take a crime of possession for example. In Massachusetts, not so long ago, the Commonwealth could present evidence that a gun is operable or that illegal drugs are present simply by submitting a certification from and expert into evidence. Nobody had to testify. Just the paper saying either the gun was operable or that what the police believed was cocaine was, indeed, cocaine.

Have you ever tried to cross examine a piece of paper? It is very difficult to do.

Finally, the courts ruled that a witness needs to testify to authenticate the document and answer questions about it. This is because a criminal defendant has the right to confront witnesses against him or her. How do you confront a piece of paper? Let alone the hearsay objections…!

This was a pretty major change in the law and has shaken up a number of criminal prosecutions. One such case was Commonwealth v. Barbosa, and it was handed down by Boston’s Supreme Judicial Court on Tuesday. In that case, the defendant was convicted of possession of a variety of things he was not supposed to have. He had a gun, he had ammunition and he had marihuana. Of course, what he did not have was a license to have any of it. The defendant appealed arguing, among other things, that the Commonwealth should not have been able to rely on simply submitting the certificate on the gun without a live witness. Further, the defendant argued that the fact that the Commonwealth was allowed to do so deprived him of his right to a fair trial. In other words, it was not a “harmless error”.

The SJC agreed.

Citing the earlier holding in Melendez-Diaz v. Massachusetts, the court held that because of the import of the certificate of examination, the evidence that showed the gun was operable, to the overall prosecution, this could not be considered “harmless” and so the conviction for the gun possession had to be reversed.

Attorney Sam’s Take On The Need For Experienced Criminal Defense Attorneys

Let’s take a scenario.

Continue reading "BOSTON’S SUPREME JUDICIAL COURT UPHOLDS PREVIOUS RULING AND REVERSES GUN CONVICTION" »

You know how the Boston Criminal Lawyer Bog keep telling you that if the police are after you to stop...you should stop?

Here is yet another example of a young man who did not see it quite that way. Now, he has only increased his criminal justice woes.

Of course, our 16-year-old Westford gent (hereinafter, the "Defendant") had some outstanding problems t begin with. More specifically, there was an outstanding warrant for his arrest due to a probation violation in a felony matter.

If you are not going contact an experienced criminal defense attorney and arrange your return to court (which you should), it might be wise to lay low for awhile.

He didn't.

According to law enforcement, he was driving at speeds of up to 100 miles per hour Monday night. First, Westford police tried to flag him down. No go.

The car chase went from Westford to Weston.

Westford police finally requested that Massachusetts State Police in Concord help them track down the Defendant on Route 3. The state troopers gave chase, using of police vehicles as well as overhead support had to be used.

The chase continued to Route 128, the Metro Boston State Police joining the event and on to Route 30. According to police, this is where the chased ended...when the Defendant crashed into a guardrail.

He was then taken into custody.

He was held overnight without bail by police before he went to court.

Attorney Sam’s Take On Police Chases

The Defendant, simply by not stopping in a chase he was destined to lose, has worsened his situation.

Continue reading "MASSACHUSETTS POLICE CHASE APPREHENDS JUVENILE WITH PROBATION VIOLATIONS" »