Boston Criminal Lawyer Blog

Singer Bobby Brown, a Boston, Massachusetts native, will serve on year’s community service for cocaine possession in exchange for not being charged with possession of the drug.

Massachusetts police, responding to a call to break up a fight at a Brockton Holiday Inn last December, found Brown sitting in a car with a substance that they believe was cocaine.

No criminal charges were filed. This week, Brockton District Court Clerk Magistrate Kevin Creedon says there was no probable cause for a criminal complaint. He has ordered Brown, the ex-husband of singer Whitney Houston, to mentor young adults and children. The arrest will be erased form his criminal records if he avoids any arrests in the next year.

In Massachusetts, under Trial Court Rule XI: Uniform Rule for Probable Cause Determinations for Persons Arrested Without a Warrant:

A person who has been arrested for an offense for which no warrant has issued, if not released on bail or recognizance, shall be entitled prior to any extended pretrial detention to a determination by a judicial officer of whether there is probable cause to believe that such person has committed such offense, except where such person's detention is otherwise authorized by a warrant or other judicial process.

Criminal penalties for cocaine possession conviction in Massachusetts include up to one year behind bars for a first offense and two years for a second offense.

Our Boston, Massachusetts drug crimes lawyers can determine whether you were subjected to unreasonable searches and seizures when they made the arrest. We can also examine whether there are other circumstances that warrant that any pending or current criminal charges against you be dropped.

There may be alternatives to prison time that our criminal defense attorneys can explore for you.

Bobby Brown agrees to community service, Boston.com, February 26, 2008

Probable Cause Determinations, Massachusetts Trial Court Law Libraries

Related Web Resource:

Massachusetts Sentencing Guidelines

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Posted In: Celebrity Crimes , Drug Offenses

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New England Patriots Football Player Randy Moss says he did not commit battery against the 35-year-old woman who has filed a temporary restraining order against him.

Rachelle Washington is accusing Moss, who she says she had an intimate relationship with, of battery, causing her serious injury, and denying her medical attention during a domestic violence incident that allegedly took place at her Florida home on January 6.

Moss says that Washington just wants to him to give her money. He says that Washington was injured but the injury was accidental. He says that Washington wanted “six figures” from him in exchange for her not making the incident publicly known. Moss says he cannot reveal details of exactly what happened because a lawsuit by Washington may be pending. He says that he has never struck a woman.

The restraining order says Moss must stay 500 feet away from Washington, who he has known for more than 10 years. A hearing on January 28 will determine whether a permanent restraining order against Moss will be issued.

Moss and Elizabeth "Libby" Offutt were charged in a 1996 domestic violence dispute. Offutt is the mother of his children. In the criminal complaint filed by police, Moss is accused of throwing steaming hot water on Offutt and pushing her down repeatedly when she tried to get up from a sitting position.

Moss accused Offutt of hitting and kicking him. The misdemeanor domestic battery charges were dropped after both of them agreed to undergo counseling.

If you are under investigation for domestic violence, you should contact a Massachusetts domestic violence lawyer who can apprise you of your legal rights and represent you in the event that charges are filed.

Moss denies battery claim, Boston Globe, January 17, 2008

Moss: I did 'nothing wrong', Boston Herald, January 17, 2008

Related Web Resources:

Randy Moss, NFL

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Posted In: Assault and Battery , Celebrity Crimes , Domestic Violence

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O.J. Simpson’s bail in a Las Vegas casino robbery case was doubled to $250,000 after the judge found out that the former football great never paid a bail bondsman when he was first released. Clark County District Court Judge Jackie Glass says that Simpson, 60, has to issue 15% of the bail amount before he can be released this time.

Bail bondsman Miguel Pereira testified in court that the former football star never paid him anything. He said that he did not issue a bill to Simpson but that he had expected payment of the $18,750 that he was owed for posting the $125,000 bail. He also says he paid for plane tickets, the $40 filing fee, and a rental car.

Simpson had been ordered back to jail last week because of allegations that he had violated the conditions of his bail by asking Pereira, via voice mail, to contact Clarence "C.J." Stewart, a co-defendant in the case. Pereira informed prosecutors of the request because he didn’t want to be criminally charged for any alleged involvement.

Simpson is not allowed to contact anyone else involved in the attempted robbery at the casino hotel, which occurred in Las Vegas on September 13, 2007 when the ex-football star and several others allegedly tried to “retrieve,” at gunpoint, several items from sports memorabilia dealers Alfred Beardsley and Bruce Fromong.

Last November, Simpson pleaded not guilty to armed robbery, kidnapping, assault with a deadly weapon, coercion, burglary, and conspiracy charges. Five other co-defendants were also charged for their alleged involvement. Simpson could go to prison for life if he is convicted for kidnapping.

This is not Simpson's first brush with the law. A jury found Simpson not guilty in the 2004 murders of his wife Nicole Brown Simpson and her friend Ron Goldman.

Bail
Bail allows a suspect to pay a fee to be released from police custody. The suspect, however, must promise to return to court and appear for all criminal proceedings related to the case. The degree of seriousness of the crime and the circumstances of the case can determine the amount of bail—if any—that must be paid to secure the release. In some cases, such as when a person is considered a threat to society or a flight risk, bail can be denied completely. Violation of bail conditions can lead to arrest and detainment.

If you have been arrested for a crime in the Boston area or anywhere else in Massachusetts, you must talk to a Massachusetts criminal defense lawyer right away.

O.J. Simpson's bail raised to $250,000, CNN.com, January 16, 2008

O.J. Simpson Jailed for Attempting to Contact Co-Defendant, FoxNews.com, January 12, 2008

Related Web Resources:

O.J. Simpson Arrested in Armed Robbery of Las Vegas Hotel Room, Fox News, September 16, 2007

O.J. Simpson Murder Case

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Posted In: Celebrity Crimes , Criminal Law

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Olympic athlete Marion Jones, 31, will serve six months in prison for lying to an investigator about her steroid use and her involvement in a check-fraud scheme. Jones must also complete 400 hours of community service while serving two years probation.

The world champion athlete opted for a plea agreement last October when she admitted that she lied to an investigator about her use of a performance-enhancing drug before and after the 2000 Olympic Games. She won three gold medals and two bronze medals as a runner and long jumper at the Sydney games and was considered one of the greatest female athletes in the world.

Jones testified in court that, from September 2000 until July 2001, she took what she thought was flaxseed oil while training with her then-trainer Trevor Graham. She says that after she stopped training with him, she realized that had been actually been using the designer steroid THG.

In 2003, during a grand jury investigation of Bay Area Laboratory Co-Operative (BALCO)—a lab involved in the scandal linking professional athletes to steroid use—Jones denied ever using performance-enhancing drugs. She filed a lawsuit against Victor Conte, BALCO’s founder, who has said that he saw Jones inject herself with a performance-enhancing drug.

A 2003 search warrant uncovered doping calendars, ledgers, purchases, and blood-test results linking Jones and Graham to BALCO.

Jones also confessed to lying about how much she knew regarding Tim Montgomery’s involvement in a check-fraud scam. Montgomery is the father of her Jones's son Monty. Millions of dollars in stolen and forged checks were involved. Prosecutors in New York say they have a $25,000 check that Jones signed, as well as testimonies of other defendants implicating her in the scheme.

Although Jones had hoped to avoid prison time, U.S. District Judge Kenneth Karas has ordered her to serve the maximum time allowed under her plea agreement. He wants athletes to become aware of the consequences that using performance enhancing drugs can have on their lives and careers.

Jones gave her Olympic medals back. The International Olympic has erased her records from the record books.

Criminal Charges
If you are under investigation or arrested for a crime in Massachusetts, you should talk to a criminal defense attorney right away. There may be remedies and outcomes to your case that only an experienced criminal defense lawyer help you obtain.

Marion Jones sentenced to 6 months for lying about steroids, Boston.com, January 11, 2008

Marion Jones Sentenced to Six Months in Prison, New York Times, January 11, 2008

Related Web Resource:

BALCO Investigation Timeline, USA Today

Marion Jones, US Olympic Team

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Posted In: Celebrity Crimes , Criminal Law

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A Stoneham, Massachusetts priest was arrested in New York last week for allegedly stalking NBC talk-show host Conan O’Brien. The Roman Catholic Archdiocese of Boston has suspended Reverent David Ajemian, 46.

Ajemian allegedly sent threatening e-mails and letters to the television host’s house and office, went to the studies where the host’s nightly show is shot, and contacted O’Brien’s parents. Ajemian was arrested while trying to enter a taping session of “Late Night with Conan O’Brien.”

Ajemian was arrested on charges of stalking and aggravated harassment. He could face up to one year in prison if convicted.

Ajemian, like O’Brien, is a Harvard graduate. In his letters and e-mails to O’Brien he would sign his name using the moniker “Padre.” In one note, he called himself one of O’Brien’s “most dangerous fans.” Ajemian also referred to himself on more than one occasion in his letters as “your priest stalker.” He also has allegedly posted hundreds of messages as Padre009 on an NBC online message board that focuses on the “Late Night with Conan O’Brien” show.

Under Massachusetts law, the definition of stalking includes the willful and malicious acts that are conducted over a period of time to purposely annoy or scare a person and cause them significant personal distress, as well as making threats or acting in a threatening way that a victim fears for his or her life or physical safety. Stalking can take place in person, over the telephone, or via Internet, fax, or regular mail. The maximum prison sentence for stalking if convicted in Massachusetts is five years.

Stalking is a serious criminal offense and can cause severe long-term emotional and physical harm to the victim and his or her friends and relatives.

1.4 million people in the United States are stalked annually. Both men and women can be stalking victims. Celebrities are easy targets for stalking because they are exposed to millions of people that they don’t know through film of television.

Just because you have been arrested for stalking someone does not mean you are guilty of the charges.

Priest faces charges of stalking TV late-night host O'Brien, Boston.com, November 8, 2007

Police Arrest Boston Priest for Stalking Late Night TV Host Conan O'Brien, Foxnews.com, November 8, 2007

Chapter 265: Section 43. Stalking; punishment, Massachusetts Stalking Law, Wiredsafety.org

Related Web Resource:

The People of the State of New York Against David Ajemian, the Smoking Gun

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Posted In: Celebrity Crimes , Misdemeanors

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Ex-Prison Break Star Lane Garrison will serve 3 years and 4 months in a California prison in the DUI car accident death of a California teenager.

Garrison, 27, pleaded guilty to one count of vehicular manslaughter without gross negligence, a misdemeanor of providing alcohol to a minor, and one count of driving under the influence with a BAC level of .15 or higher.

Garrison had been driving under the influence of cocaine and alcohol in December 20067 when he crashed his 2001 Land Rover into a tree. Vahagn Setian, a 17-year-old student from Beverly Hills High and a passenger in the Land Rover, died in the accident. Two 15-year-old girls, also riding in the car, sustained injuries.

The actor’s BAC level was .20, which is twice as much as the legal driving limit in California. He also had cocaine in his system at the time of the crash.

Garrison met the teenagers at a grocery store and accompanied them to a party where he allegedly drank alcohol with minors and then went back to the store for more alcohol.

Being convicted of homicide while driving under the influence of alcohol or drugs in any US state is a very serious matter.

In Massachusetts, the Blood Alcohol Concentration (BAC) level is .08. Under Vehicular Homicide Law:

Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs and While Operating To Endanger: Mandatory minimum 2 ½ years and up to 15 years in state prison or mandatory minimum 1 year and up to 2 ½ years in jail; plus fines and loss of license

Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs or While Operating To Endanger: Mandatory minimum 30 days and up to 2 1/2 years in jail; plus fines and loss of license.

If you have been charged with vehicular homicide and/or operating under the influence of alcohol or drugs in Massachusetts, you should speak with an experienced criminal defense attorney that knows how to provide you with a proper and thorough defense.

Actor Lane Garrison gets 40 months in jail for crash that killed teen, LA Times.com, October 31, 2007

Ex-'Prison Break' actor gets 40 months, CNN.com, October 31, 2007

Homicide, Mass.gov

Related Web Resource:

Lane Garrison News Stories, TV.com

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Posted In: Celebrity Crimes , Murder , OUI/Drunk Driving

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The defense attorney for Magician David Copperfield say that a Grand Jury leak in the celebrity’s rape investigation case has undermined the investigation and unfairly defamed his client’s reputation.

A 21-year-old Washington State woman is claiming that the 51-year-old magician raped her over a 2-day-period at his 150-acre resort in the Bahamas. She also is accusing him of striking her and threatening her before placing her on an airplane.

The 51-year-old magician has not been charged with any crime. The leak, however, could contaminate any jury pool if he is charged, and destroy his reputation.

The woman claims that a member of Copperfield’s entourage approached her and her family at one of the magician’s performances on the West Coast. They were given special seats and she was invited onstage during the performance.

She claims Copperfield invited him to his Bahamas retreat. When she returned from her trip, she filed a police report and was examined at a sexual assault center.

The FBI has searched a Las Vegas casino hotel room and the magician’s warehouse. They confiscated a computer hard drive and a digital camera.

Copperfield’s attorney denies that he raped anyone.

A rape charge is considered a very serious criminal offense.

Celebrity Trials
When a celebrity is charged with a crime, the case is usually very high profile and attracts a great deal of media attention. Some analysts express concerns that celebrities convicted of crime get special attention and that the public and juries can’t help but have biased feelings about a celebrity defendant.

Usually, defense attorneys will have to work extra hard to prove that their celebrity clients are not guilty. Any leaks could taint any potential jury pool. Criminal investigations and trials involving celebrities tend to be very costly for everyone involved and even if a celebrity defendant is exonerated, the damage to his or her reputation or career may be irreparable.

Whether you are a celebrity or a private citizen accused of committing a crime, you should hire an experienced criminal defense attorney that can properly defend you against any charges.

Leak Complicates Copperfield Case, CBS News, October 30, 2007

At Celebrity Trials, the Spotlight Is Sharp but Shifting, New York Times, January 29, 2005

Related Web Resource:

Sexual Assault & Rape, Mass.gov

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Posted In: Celebrity Crimes , Sexual Assault

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TV actor Kiefer Sutherland has pleaded no contest to charges of drunk driving. The star of the TV show “24” will start serving a 48-day jail sentence in December when his show goes on a production break.

As part of his plea deal, Sutherland 18 days of those 48 days are for violating his probation for an unrelated drunk driving arrest in 2004. 30 days are for driving with a blood-alcohol level higher than California’s .08% limit. Sutherland also has been ordered to take part in alcohol-therapy sessions every week for six month, as well as sign up for an 18-month alcohol education course. . A related, misdemeanor DUI charge was dropped.

The TV actor is on probation for five years. He faces driving suspension and has to pay fines.

Sutherland will serve the 18-day part of his sentence beginning December 21. He has until July 28 to serve the last 30 days. The terms of the plea agreement allow him to serve time in jail in a manner that will not interrupt the show “24”’s shooting schedule. Sutherland’s representatives say he struck this deal with prosecutors because he did not want production to shut down while he was on trial or served time in jail—possibly affecting the livelihoods of the production members and other actors on the show.

“No Contest” Plea
A “plea” is the response of a defendant to criminal charges made against him or her. A defendant usually gives the plea during an arraignment right after the prosecution formally charges the defendant with the crime(s). A defendant can plea “guilty”, “not guilty,” and “no contest.”

A “no contest” plea means that defendant is formally accepting the punishments for the charges but is not officially acknowledging guilt. Pleading “no contest” is inadmissible as evidence of guilt if there is a related civil lawsuit, which can be a benefit to the defendant.

A “no contest” plea differs from a “guilty” plea. The defendant that pleads guilty is admitting that he or she is guilty of the charges.

“No contest’ and “guilty” pleas are often accompanied by a plea bargain. A plea bargain usually allows a defendant to receive a less severe sentence or have certain charges dropped. A plea bargain also minimizes the financial costs and publicity fallout from a criminal case—the latter of these two can be very important if the defendant is a celebrity, politician, or another famous figure. A plea bargain allows a defendant to avoid the stigma and unwanted scrutiny of a trial, as well as the uncertainty of the outcome.

If you have been arrested in Massachusetts for OUI—operating under the influence—of alcohol or drugs you should speak with an experienced criminal defense attorney right away. Your criminal defense lawyer can possibly get the charges against you dropped or reduced.

The fallout from a drunk driving conviction can be very severe. You may have to serve time in jail, get your license revoked, and be ordered to pay a fine. You will also have a conviction on your record.

Sutherland Pleads No Contest in DUI Case, AP, October 9, 2007

Related Web Resources:

Kiefer Sutherland charged with drunk driving, Los Angeles Times, September 28, 2007

Massachusetts Law about Drunk Driving

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Posted In: Celebrity Crimes , OUI/Drunk Driving

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Pop Superstar Britney Spears has been charged with one misdemeanor count of hit and run driving and one misdemeanor count of driving without a valid California driver’s license. The incident allegedly took place last August at a San Fernando Valley parking lot where she is accused of smashing her vehicle into a car and then leaving the accident scene.

On video footage shot by the paparazzi, Spears is seen hitting another motor vehicle with her car while trying to park her car in a space at the lot. The footage shows her examining the damage to her vehicle and then leaving the accident scene.

The owner of the other vehicle, Kim Robard-Rifkin, filed a report with the LAPD on August 9, three days after the hit and run accident. She says she discovered that Britney was the alleged suspect that hit her car when she read about the incident on CelebTV.com. She says she just wants her car repaired.

Each misdemeanor count carries a jail sentence of up to six months and a $1,000 maximum fine in California. Spears’s arraignment is scheduled for October 10.

Whenever you are in a motor vehicle accident, you are expected—by law—to remain at the accident scene and exchange contact information with any other parties that are involved. If a driver hits a parked motor vehicle, the majority of U.S. states require that the driver responsible for causing the accident make a reasonable attempt to notify the other driver of the accident.

In Massachusetts, a driver has five days to report the motor vehicle accident if the collision resulted in injury or death or there was property damage greater than $1,000.

Here is the Massachusetts law regarding hit and run driving from the General Laws of Massachusetts:

Chapter 90: Section 26. Accident reports; supplemental report; penalty for violation

Section 26. Every person operating a motor vehicle which is involved in an accident in which any person is killed or injured or in which there is damage in excess of one thousand dollars to any one vehicle or other property shall, within five days after such accident, report in writing to the registrar on a form approved by him and send a copy thereof to the police department having jurisdiction on the way where such accident occurred; provided, however, that such police department shall accept a report filed by an owner or operator whose vehicle has been damaged in an accident in which another person has unlawfully left the scene of such accident. Such report shall not be required during the period of incapacity of any person who is physically incapable of making a report. If the operator is not the owner of the vehicle and is physically incapable of making such written report, the owner shall within five days after the accident make such report based on such knowledge as he may have and such information as he can obtain regarding the accident.

The registrar may revoke or suspend the license of any person violating any provision of this section.

If you have been charged with hit and run driving in Massachusetts or of driving without a valid license, you should hire an experienced criminal defense attorney who is knowledgeable about traffic violations cases to represent you.

You have the right to remain silent until you speak with a criminal defense lawyer. It is a good idea to exercise this right if you don’t want to accidentally incriminate yourself.

Britney Spears faces hit-run charge, CNN, September 22, 2007

Spears Charged with Brit and Run, TMZ, September 21, 2007

Chapter 90: Section 26. Accident reports; supplemental report; penalty for violation, The General Laws of Massachusetts

Related Web Resources:

Read the Charges Against Britney Spears (PDF)

Hit and Run Cases, Online Lawyer Source

Continue reading "Britney Spears Charged with Misdemeanor Hit and Run Driving and Driving Without a Valid License" »

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Posted In: Celebrity Crimes , Traffic Violations

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Movie star Lindsay Lohan will serve 10 days of community service, complete a drug treatment program, and serve one day in jail after reaching a plea deal on charges of drunken driving and driving under the influence of cocaine. As part of her deal, she will complete an 18-month alcohol education program and be on probation for 36 months.

The actress had initially been sentenced to 96 hours in jail. Her jail time was then lowered to 90 hours because of the time she served during her arrest.

Lohan issued a statement admitting that she was addicted to drugs and alcohol and was taking responsibility for breaking the law by pleading guilty to the charges made against her.

Earlier Thursday, she was charged with seven misdemeanors connected to two drunk driving arrests over the past four months. Prosecutors did not file more serious felony drug charges because they say there wasn’t enough drugs on her to do so.

Lohan pleaded guilty to two counts of being under the influence of cocaine. She also pleaded no contest to one count of reckless driving and two counts of driving with a blood-alcohol level higher than .08%. The two counts of DUI were dropped.

The movie star was arrested in Santa Monica, California on July 24 and in Beverly Hills on May 26. She tested below the .05 grams necessary to be charged with a felony drug crime both times. She entered rehab after both arrests.

If you have been arrested for driving under the influence of alcohol or drugs, you should speak with an OUI defense attorney about the charges against you.

OUI in Massachusetts
In Massachusetts, OUI—operating under the influence—is the charge given to someone who has been operating a motor vehicle under the influence of drugs or alcohol. A person can be charged for OUI if prosecutors can prove that the defendant’s ability to operate a car was impaired by driving under the influence of alcohol or drugs. Field sobriety test results and whether a motor vehicle accident occurred are some of the factors that are taken into consideration. The suspect can also be charged with OUI under the “per se” theory, which factors in the blood alcohol test (a result of .08% or more) and the arresting officers' observations.

The penalties for OUI convictions in Massachusetts:

• 1st Conviction: 2 ½ years maximum jail sentence, license suspension for 1 year, and an up to $5,000 maximum fine
• 2nd Conviction: 2 ½ years maximum jail sentence, license suspension for 2 years, and an up to $10,000 maximum fine
• 3rd Conviction: 5 years maximum jail sentence, license suspension for 8 years, and an up to $15,000 maximum fine
• 4th Conviction: 5 years maximum jail sentence, license suspension for 10 years, and an up to $25,000 maximum fine
• 5th Conviction: 5 years maximum jail sentence, license permanently revoked, and an up to $50,000 maximum fine

Pleading guilty to or being convicted of an OUI charge will stay permanently on your record in Massachusetts.

Lindsay Lohan to serve 1 day in jail in plea bargain, CNN.com, August 24, 2007

Lindsay Lohan Gets Jail in DUI Cases, People.com, August 23, 2007

Related Web Resources:

Read the Complaint from Lindsay Lohan's May 26 Arrest

Massachusetts OUI Basics, Massachusetts DMV.org

Continue reading "Lindsay Lohan To Serve One Day In Jail After Reaching Plea Agreement on Misdemeanor Drunk Driving and Cocaine Charges" »

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Posted In: Celebrity Crimes , OUI/Drunk Driving

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