Boston Criminal Lawyer Blog

Unlike most nonfamous civilians, when a celebrity is charged with a crime, the case tends to make national headlines. In recent celebrity news, TV actor Charlie Sheen reached a plea agreement to resolve the domestic violence charges against him.

The 44-year-old actor was initially charged with second-degree assault and menacing and criminal mischief last December following an altercation with wife Brooke Mueller. Under the plea deal, Sheen is pleading guilty to a misdemeanor third-degree assault count and will serve his 30-day jail term in a Malibu jail. He must also attend rehabilitation. Time that the actor has already spent in rehab will be factored into his sentence.

Sheen must also complete 36 hours of domestic violence treatment and three months of unsupervised probation. The actor’s sentence will allow him to return to the set of his show "Two and a Half Men" in time for filming of the new season.

In another celebrity criminal case, actress Lindsey Lohan was released from jail after serving 13 days of a 90-day sentence. She was immediately sent to rehab. TMZ says she is being treated for an amphetamine addiction and for bipolar disorder.

Lohan had violated probation for a 2007 drunk driving charge because she did not show up for alcohol education classes. Her jail sentence was reduced because of an early-release program that combats overcrowding in the Los Angeles jail system and for good behavior. The 24-year-old movie star has admitted that she has an alcohol and drug problem.

Charlie Sheen to serve Aspen 'jail' term in Malibu rehab, CNN, August 4, 2010

Lindsay Lohan Released From Jail Into Rehab, ABC News, August 2, 2010

Charlie Sheen arrested on felony charges in Aspen, Colo., Los Angeles Times, December 25, 2009

Related Web Resources:
Celebrity Crimes, Yahoo News

Plea bargain, Cornell University Law School

Massachusetts Probation Service Fact Sheet, The Massachusetts Court System

Continue reading "Celebrity Criminal Cases: Charlie Sheen Pleads Guilty to Misdemeanor Third-Degree Assault and Lindsey Lohan Goes to Rehab After Serving Jail Time for Violating Probation for DUI " »

It wasn't too long ago that movie star and director Mel Gibson was a box office king who was well-respected for his directing and beloved by fans. Now, however, his reputation has taken another beating following the release of several audio recordings of a man that sounds like Gibson allegedly yelling out expletives and abusive statements, making unreasonable demands, and threatening to harm his now ex-girlfriend Oksana Grigorieva, who is the mother of his youngest child. RadarOnline.com has made the audio recordings available to the public.

Los Angeles authorities are investigating allegations made by Grigorieva, who is accusing the actor of having struck her on the face on more than one occasion. She claims that the alleged assaults caused her to break a tooth, lose a veneer, and suffer a concussion. If charged and convicted for domestic violence-related assault, Gibson is facing time behind bars.

Already, there has been fallout from the recordings for the celebrity. His agent, William Morris-Endeavor, has dropped him, which may not bode well for his film career, and his reputation, which already took a pretty hard beating when he was arrested for DUI and made sexist and anti-Semitic remarks in 2006, has been significantly damaged.

Gibson has not publicly commented on the audio recordings. The media, however, is reporting that is is accusing Grigorieva of threatening to leak the recordings to the media unless he gave her money. He has met with the authorities about his claims. Grigorieva denies there is any extortion plot.

Boston Domestic Violence
Custody, divorce, and legal separations can be acrimonious, and sometime, the allegations between both parties can escalate. If you are under investigation for domestic violence, child endangerment, extortion, or any other Boston criminal charges related to the dissolution of your relationship, it is important that you are represented not only by a family law attorney but also by a Boston domestic violence law firm that knows how to protect your legal rights and defend you against the charges.

Investigators interview Mel Gibson to discuss extortion allegations against ex Oksana Grigorieva, New York Daily News, July 27, 2010

William Morris Endeavor dumps Mel Gibson, Los Angeles Times, July 9, 2010

Gibson charged with drunken driving, CNN, August 3, 2006

Related Web Resources:
Mel Gibson News, The New York Times

Massachusetts Law About Domestic Violence

Continue reading "Accused by His Ex- of Domestic Violence and Child Endangerment, Mel Gibson Claims He is the Victim of Extortion " »

This blog has discussed many stories about family disputes which get out of hand. Some have resulted in assaults which cause great injury. Others have been known to result in death…whether intentional or accidental.

This one, though, seems to have taken domestic violence to an unusual level.

Authorities say that they went to investigate a 911 call from a gentleman who claimed that his girlfriend had lunged at him with a knife and had tried to set his clothes on fire.

The officers arrived at the Somerville home at about 6:30pm yesterday. This was apparently not the first such response; police indicate that they had responded to the same home at about 3 a.m. after a neighbor reported shouting

When they arrived, 33-year-old Carol K. attacked them with a knife.

Continue reading "A Boston Defense Attorney Reviews A Deadly Case Of Domestic Violence" »

Can a baseball bat be considered a dangerous weapon in the Commonwealth of Massachusetts? As a Boston attorney for longer than I am in the mood to admit, I have seen cases where a pen, a box and even a shoe is considered a dangerous weapon by the law. So, it should be no surprise that a baseball bat, ball or even a glove can be considered dangerous weapons.

It is a lesson learned the hard was for 18-year-old Buzzards Bay resident Daniel M. (hereinafter, the “Defendant”), if he did not know it beforehand. Currently, he is being held on $5,000 bail after he allegedly beat a family member with an aluminum baseball bat.

Yes, that would make this a case of domestic violence.

The Defendant was arraigned in Falmouth District Court Tuesday morning after being arrested for allegedly hitting the 43-year-old man (hereinafter, the “Unnamed Complainant”) in the head with the bat at around 12:15 a.m. yesterday outside a Buzzards Bay home.

According to law enforcement, the Defendant struck the Unnamed Complainant with the bat after the latter attempted to leave after the two had had an argument.

When the investigating authorities arrived, they found the Unnamed Complainant lying in the driveway, unconscious and bleeding from the head, Bourne police said. He was taken by MedFlight helicopter to Massachusetts General Hospital in Boston early yesterday morning, according to Bourne police.

Continue reading "Baseball Bat Assault In Massachusetts Results In Felony Arrest" »

At his arraignment this month, Thomas J. Mortimer IV pleaded not guilty to four counts of Massachusetts first-degree murder in the deaths of his wife Laura Stone Mortimer, 2-year-old daughter Charlotte, 4-year-old son Thomas Mortimer V, and mother-in-law Ragna Ellen Stone. The 43-year-old Winchester software salesman was apprehended on June 17 close to the Vermont line after a driver that stopped to help him with his car on Route 10 recognized him and contacted the authorities.

An arrest warrant had been issued for Mortimer after the bodies were discovered in their home on June 16. Relatives reportedly had not been able to contact the family since June 14. Mortimer is accused of using “sharp objects” and “blunt force trauma” to kill the victims.

Middlesex District Attorney Gerard T. Leone Jr. says that Mortimer had left behind a note confessing to the murders while citing marital problems and financial issues. Mortimer is currently unemployed.

Mortimer’s Massachusetts criminal defense lawyer has said that the defendant’s mental health will be a factor in the case. She is seeking a psychiatric evaluation from Dr. Marc Whaley, a forensic psychiatrist, which indicates that she may make an insanity plea on Mortimer’s behalf. Mounting an insanity defense is an extensive process that can take over a year.

The charge of Massachusetts first-degree murder can refer to the premeditated and deliberate killing of another person, murdering someone while committing a capital felony, or the killing someone in an extremely cruel manner. A conviction for this crime can land a defendant in jail for life. This is not the type of case that you want to tackle without an experienced Boston homicide defense lawyer on your side.

Not-guilty plea in 4 Winchester deaths, Boston Globe, June 19, 2010

Four family members found dead in Winchester home, My Fox Buston, June 16, 2010

Related Web Resources:

Murder, Cornell Law School

The Insanity Defense, Washington Post

Continue reading "Winchester Man Pleads Guilty to Massachusetts First-Degree Murders of His Wife, Two Children, and Mother-in-Law" »

Bryan Harris, a South End resident, was arrested by police on Friday. The 26-year-old Boston man was charged with Massachusetts unarmed robbery, parental kidnapping, larceny over $250, assault and battery, and a dangerous weapon unlawfully carried. His arraignment is scheduled for Monday.

According to Boston police, a woman contacted police on Friday afternoon to report that Harris, her live-in boyfriend, had kidnapped their 1-year-old girl. She claims that she and Harris had gotten into a verbal dispute and when she asked him to leave he allegedly punched her face and shoved her into a closet.

The woman says that Harris then packed his clothes, stole her cell phone and debit card, and told her he was leaving the state with their daughter.

The authorities sent out an alert. Police later apprehended Harris on a Fung Wah bus on the Massachusetts Turnpike. The bus was going to New York. His daughter, Estrada, was with him. Harris surrendered to the cops.

Massachusetts Parental Kidnapping
Under state law, the kidnapping of a minor or incompetent by a relative is considered a crime that is punishable by a one-year maximum prison sentence and/or a $1,000 fine. If the child is endangered in the process or taken outside the commonwealth, a maximum 5-year prison sentence and/or a $5,000 fine is possible.

Man is arrested after allegedly fleeing with baby girl, The Boston Globe, June 25, 2010

Related Web Resource:
Parental Kidnapping Statutes, NDAA (PDF)

The General Laws of Massachusetts

Continue reading "Boston Dad Charged with Massachusetts Assault and Battery, Unarmed Robbery, Parental Kidnapping, and Larceny" »

22-year-old George Huguely, a member of the University of Virginia’s lacrosse team, has been arrested and charged with the first-degree murder of Yeardley Love, also age 22 and a member of the school’s women’s lacrosse team. According to police, Huguely and Love were romantically involved with each other and had just broken up.

On Monday at around 2:15 am, police were called to Love’s apartment over a possible alcohol overdose. However, Charlottesville Police Chief Tim Longo says that it became obvious that Love, who was found in a pool of blood in her bedroom, had experienced “obvious physical trauma.”

Police say that they found Huguely at his apartment and questioned him. He was arrested later that morning. Huguely has admitted that he and Love were having a disagreement when he shook her. He says that her head struck the wall more than once. The 22-year-old college athlete also admitted to kicking open Love’s bedroom door and taking her computer.

Huguely’s criminal defense lawyer is calling Love's death a “tragic accident.” Prior to enrolling at the University of Virginia, the 22-year-old was a high school All-American. The university lacrosse team that he belongs to is nationally ranked No. 1 in the U.S. Intercollegiate Lacrosse Association coaches' poll.

Massachusetts College Campus Crimes
If you are a college student who was arrested and charged with committing a crime on or off a Massachusetts college campus, it is important that you obtain legal representation as soon as possible. The outcome of your Boston college campus criminal case could determine whether or not you receive federal funding to cover your education, get into the graduate school of your choice, get a good job after college, or end up with a criminal record for life.

It can be scary to know that the future you’ve been working so hard for may be in jeopardy because you are under investigation or charged with a drug crime, drunk driving, underage drinking, sexual assault, rape, murder, stalking, cyber crime, larceny, assault and battery, larceny, shoplifting, vandalism, or any other criminal activity.

UVA lacrosse player George Huguely admits fight, hiding Yeardley Love's computer after death: docs, NY Daily News, May 4, 2010

Lacrosse player George Huguely charged in fellow U

Affidavit: Lacrosse Player Killed In Fight fter Breakup, WIBW.com

Related Web Resources:
University of Virginia

University of Virginia Men's Lacrosse

Virginia Cavaliers

Continue reading "Campus Crime: University of Virginia Male Lacrosse Player Charged with First-Degree Murder in Death of Female Lacrosse Player" »

I know you’ve heard the story by now. Massachusetts is in the news again due to a celebrity crime story. This time, the celebrity, Nancy Kerrigan, isn’t really part of the story.

But the rest of the family is.

Mark Kerrigan, Nancy’s 45-year-old brother (hereinafter, the “Defendant”) has been accused of causing the death of their father, Daniel (hereinafter, “Dad”). No, the Commonwealth does not contend that the Defendant plotted to kill Dad and then executed the plan...it was more tragic than that.

The allegations are that the Defendant wanted to use the telephone, but Dad would not let him. An argument ensued and became physical. Finally, the Defendant is said to have grabbed Dad by the neck. Dad fell to the ground. The Defendant claimed he was faking...but that opinion obviously changed when the police came.

Dad died and the Defendant, allegedly drunk and unruly, was pepper-sprayed and arrested.

Continue reading "Kerrigan And Attorney Await Results Of Massacusetts Grand Jury" »

Arraignments do not always take place in the courtroom, as Robert G., 19,(hereinafter, the “Defendant”) learned yesterday. He was arraigned in a Worcester hospital bed on charges of killing his ex-girlfriend, 19-year-old Allison M. (hereinafter, the “Deceased”). The Deceased was a Fitchburg State College freshman. In the past, she had obtained at least two restraining orders to keep the Defendant away from her, authorities said.

The Defendant was charged with first-degree murder, and violating the restraining orders, after allegedly stabbing and shooting to death the Deceased. He remains in critical condition after allegedly trying to kill himself as well.

“We are alleging that this is another troubling incident of domestic violence resulting in homicide, where the defendant is alleged to have fatally stabbed the victim, his ex-girlfriend, and then attempted to kill himself,” Middlesex District Attorney Gerry Leone said in a press conference this afternoon at his office in Woburn.

“This is the second such incident we have in consecutive weeks, where we are alleging that a male defendant has killed his former or present female significant other, and then seemingly tried to end his own life,'' Leone said. "We must continue to find ways to stem this tide of alarming domestic violence incidents.”

Continue reading "Massachusetts Homicide Charges Result From Restraining Order Violations" »

It’s another long weekend for many of us Bostonians starting today. That’s the good news. This means that law enforcement will be particularly aware of what is going on in the Commonwealth. That’s good and bad news, depending on your perspective. However, regardless on how you feel about it, you had best be wary of it or you will end your weekend in a courtroom hoping that your lawyer will be able to find the right words to allow you to return home by nightfall.

The police hyper-awareness on holiday weekends is routed in reality. Often, people forget the realities of their normal lives amid a long weekend of fun and frolic. For example, frolicking often involves alcohol or drugs. Drinking alcohol, and now smoking a small amount of pot, and staying put is not, in and of itself a problem. Sometimes, though, people decide not to stay put.

They may decide to go for a drive. Bingo! Operating Under The Influence…or worse. Perhaps they get a bit rambunctious and get into an altercation with someone they meet. Bongo! Assault and Battery. Maybe they are feeling generous and are taking some of their favorite drug with them to share with a buddy. Bango! Possession with intent to Distribute.

Continue reading "Attorney Sam’s Take: How To Avoid Arrest During A Boston Long Weekend" »

I grew up in the Boston area. I remember, when I was a kid, my father reading the newspaper and seeing an article that a former friend of his had pleaded guilty to several white collar crimes.
Actually, the reason the gentleman was a “former” friend was that my dad was one of the victims of the alleged fraudulent acts. Until reading that article, my dad had been convinced that his friend had not intentionally misled him to his detriment, but that the unfortunate result had been simply bad luck.

Now, my dad was convinced that he had been duped. “After all”, he said, “Why would the guy plead guilty if he were not guilty?”

It sounded right to me at the time.

Years later, I became a prosecutor in Brooklyn, New York. This was the start of my real education as to how the system works.

My answer to my dad’s question has rung hollow ever since.

Continue reading "Attorney Sam's Take: Charged With A Crime In Boston - What Now?" »

A recent Boston courtroom battle that hosted various law-enforcement characters, both past and present, has come to an end. When the jury returned, the verdict was “Not Guilty”.

Wayne A., (hereinafter, the “Defendant”) was a firefighter on trial for assaulting police officers in 2008. The setting was Roxbury Municipal Court. The complainants, of course were the officers whom he had allegedly assaulted and resisted arrest from. The defense attorney, Neil S. Tassel, was a former prosecutor himself.

The police had said in their police report that the Defendant had been shaking his girlfriend and shouting in her face when they arrived to investigate. They went to arrest him and, according to them, he violently resisted.

At trial, both the Defendant and said girlfriend testified that they had simply had a verbal argument, but that the Defendant was not even near her when police arrived. Apparently, the Defendant further testified that he did not even know that the police were there and they simply knocked him out during the incident.

Continue reading "Boston Arrested Firefighter Acquitted Of Assaulting Police" »

A gentleman from Plymouth began his week on Monday behind bars, looking for a criminal defense attorney. He stands charged with performing the type of deed that has been in the news lately connected to the death of pop icon Michael Jackson.

Sean D. (hereinafter, the “Defendant”) is now being held without bail. He is charged with spiking drinks for his wife and 18-month daughter with a sleep-aid.

The investigation began when the Defendant’s wife called police after she found her daughter ill, according to police. Their investigation found that he had allegedly been putting sleep aids into the mother and daughter's drinks on more than one occasion, police said.

The Defendant was arrested Sunday night at the family's home. He has been charged with distributing food with a harmful substance, was held at his arraignment on Monday, and is said to be returning to court today for a dangerousness hearing.

Continue reading "Massachusetts Dad arrested for Domestic Drugging" »

First of all, allow me to establish that I am an ardent Beatles fan. Second, let me confess that I have been imbedded in the criminal justice system for about a quarter of a century. As such, there is a certain type of “ear” that I have developed over the years to pick up criminal-justice-related tidbits.

Yesterday, there was a lot of Beatles activity…pretty impressive given that the band disbanded almost 50 years ago. Topping the list of newly released items were a video game and a box set of all the original releases on remastered cds packaged together with video “mini-documentaries”. Naturally, I played the part of consumer. Then, as I contemplated the weekly “Attorney Sam” feature of this daily blog, some of the Beatles’ lyrics came back to me.

There are obvious crime-related Beatles songs. “Maxwell’s Silver Hammer” is such an example. In it, a handful of murders are conducted by our young hero with the aid of his trusty silver weapon which he manages to smuggle in everywhere, including school, court and the local police station. Of course, on the other side of the law, there is “Lovely Rita”. Here, the singer is courting (no pun intended) a meter maid.

The Beatles’ rock ‘n roll view of romance is particular interest. “Why Don’t We Do It In The Road” comes to mind, for example. It could, I suppose be simply walking and whistling a happy tune that the fad four are suggesting, but most people think they are talking about something a bit more sexual in nature. Clearly not a good suggestion. Assuming that one survived the oncoming traffic, one would soon be arrested and prosecuted for a host of criminal acts which fall under the purview of the sexual offender registry. Of course, speaking of which, the song “Little Child”, wherein the singer, who is “sad and lonely” asks a young thing to “take a chance” on him would also interest many prosecutors. Of course, he is suggesting that they only dance…!

I can see the Commonwewlth's sexual assault expert now testifying that "things like 'dancing' are simply a ruse used by the offender who gains the child's trust...!"

Continue reading "Attorney Sam's Take: Can The Beatles Get You Arrested For Domestic Violence Or Other Crimes?" »

The criminal defense attorney for Shawne Merriman, the star linebacker for the San Diego Chargers, says that the domestic violence allegations against his client are unmerited. Merriman, 25, was arrested early yesterday on suspicion of restraining and choking Tila Tequila, the former MTV star of the popular reality dating series "A Shot at Love with Tila Tequila.”

Police reportedly were responding to a call by a woman who said she’d been choked and restrained. The woman, who identified herself as Tila Nguyen (Tila Tequila), identified Merriman as the person who choked her when she tried to leave his home.

Nguyen, 27, signed a citizen’s arrest, and Merriman was brought in on suspicion of false imprisonment and battery. Even though police did not see any injuries on her, she asked to be taken to a hospital.

Merriman’s attorney, however, says that Merriman was in fact trying to protect Tequila, who was very “intoxicated and inebriated,” from leaving. The NFL football player wanted to make arrangements so that she could get home safely. The lawyer says that Merriman never assaulted the reality star and did not restrain her against her will. Merriman’s attorney says that there were witnesses at the football player’s home who can corroborate his client’s account of the incident. Later Sunday, Merriman was released from jail.

Meantime, Nguyen posted on her Twitter page that she was not drunk and is actually allergic to alcohol despite her famous celebrity name.

Domestic Violence
Allegations of domestic violence disputes are taken very seriously in the state of Massachusetts. You don’t have to be a husband or the wife to be charged with a domestic violence crime. People in domestic partnerships, boyfriend-girlfriend relationships, former spouses, and family members can be arrested for domestic violence involving alleged physical assault, sexual assault, kidnapping, and other forms of violence.

Boston police must arrest anyone accused of Massachusetts domestic violence. Even if you are not guilty, becoming a suspect of domestic violence can taint your reputation and cause damage to your career or personal life.

Merriman Denies Allegations, Washington Post, September 7, 2009

Tila Tequila denies being drunk during Merriman incident, CNN, September 7, 2009

Related Web Resources:
Massachusetts Law About Domestic Violence

Domestic Violence, Justia

Continue reading "San Diego Chargers Linebacker Shawne Merriman Arrested During Alleged Domestic Violence Dispute with Girlfriend Tila Tequila" »

August 29th was my birthday; never mind which one. So, when it came time to write today’s blog, I decided to see how my fellow Bostonians had celebrated the day and find out if anyone used the occasion to produce the need for an experienced criminal defense attorney.

I shortly wished I hadn’t.

I came upon a sad story from Quincy. It involved 52 year-old Wollaston man, Joseph B. (hereinafter, the “Defendant”) who spent my birthday being arrested for murder.

The Defendant was arrested on Saturday in connection with the death of 33 year-old Mary B. (hereinafter, the “Deceased”), whose body was found on Saturday afternoon in the home she shared with her child. According to a press release from District Attorney William Keating's office, the two knew each other well, but the nature of their relationship was not explained further.

Law enforcement has also declined to reveal how they believe the Deceased was killed.

Continue reading "Homicide Arrest In Boston-Area May Be A Domestic Violence Matter" »

Earlier in the week, I began a blog posting reminding you that, although you may think it could never happen, the criminal justice finger of accusation can suddenly arrive at your doorstep. This is true anywhere in the country. It is certainly true here in Boston where the dial of a cell phone can easily result in the need for a lawyer.

Today, I am referring to the type of matter which seems to most surprise my clients when they are suddenly face to face with law enforcement and the Commonwealth Bracelets of Shame. It involves the category of crime now known as “Domestic Violence”.

In days past, these crimes, like drunk driving, were not taken seriously enough. The police would hear of a wife-beating and the courts would basically treat the problem as a simple “family issue”. Few people were sent to jail; more people ended up dead. Usually the battered spouse. Our legal system has fixed that…and…as is common…gone over to the other extreme.

Where you aware that when the police come to your home after a report of domestic violence that, in their words, “someone is going to jail”? Now, true, there are a few exceptions, but the procedure these days is that one of the occupants in the reported disturbance is about to be the guest of the Commonwealth, even if only for a short time. Rest-assured, however, a criminal prosecution is coming. In fact, in most cases, a Clerk Magistrate’s Hearing to determine probable cause is not even available. The case goes right to arraignment and bail arguments…which means right to the defendant’s criminal record.

Continue reading "Attorney Sam's Take: Arrest For Domestic Violence In Boston" »

R & B singer Chris Brown has been ordered to serve five years’ probation, in addition to six months of community labor and one-year of domestic violence abuse counseling, for assaulting performer Rihanna. If he violates the terms of his probation, Los Angeles Superior Court Judge Patricia Schnegg told the performer he could be sent to state prison.

Brown was arrested last February following an altercation with then-girlfriend Rihanna. Police were summoned after someone heard her screaming for help. Brown is accused of physically attacking her while they were riding in a sports car during a verbal dispute. He is accused of punching her, placing her in a headlock, and threatening to beat and kill her.

Rihanna did not press criminal charges against Brown, who was charged with felony battery and making criminal threats over their domestic violence dispute. He had initially pleaded not guilty to the charges and could have been ordered to serve five years in prison if convicted.

In June, he pleaded guilty to the charge of felony assault. Schnegg ordered Rihanna and Brown to stay away from each other.

Per the terms of Brown’s plea agreement, the singer is not allowed to go near Rihanna for five years. He will serve his sentence in Virginia. Richmond’s police chief will supervise the singer’s community labor. The making criminal threats charge has been dropped.

Brown will have to check in with a probation officer and see Schnegg every three months. He will return to her courtroom in November.

Massachusetts Domestic Violence
Regardless of whether or not serious physical bodily harm occurred, the state of Massachusetts considers allegations of domestic violence a serious matter. Police are supposed to arrest anyone who is accused of committing this offense.

These criminal charges cannot be combated without the help of an experienced Boston criminal defense law firm.

Chris Brown sentenced in Rihanna assault case, Boston Herald, August 25, 2009

Chris Brown pleads guilty in Rihanna assault case, CNN, June 23, 2009

Related Web Resources:
Massachusetts Law About Domestic Violence

Celebrities and Domestic Violence

As a Boston-area criminal defense attorney who has worked on both sides of the aisle, I have been doing a lot of talking lately about Disorderly Conduct arrests in the Commonwealth. I have been interviewed by media outlets out of state, such as the L.A. Times as well as national outlets such as Time Magazine. In the meantime, the arrest of Professor Gates has been assigned by most to the pile of questionable racial incidents.

To me, however, to write it off as simply a "racial incident" misses the point which is faced by people every day in the criminal justice system. The primary difference between Professor Gates and most other cases is that he is a man of stature who can command national attention. Most people do not. As a result, when they become offensive to a police officer, there is no media pressure causing prosecutors to drop charges or a thick blue line of officers holding press conferences to demand apologizes from local and national public figures.

This is why this blog regularly warns you to avoid confrontations with the police and, if you are being approached, do not to try to engage in a battle of “one upmanship” with the officer, be it physical, strategic or verbal. The bottom line is that you will lose such a match, at least for the day. The officer carries the cuffs…you only get to wear them. The officer has the badge and the gun. Those items will outweigh your brilliant arguments and speedy escape attempts every time.

“But Sam”, you ask me, “What are we supposed to do? Just stand there and take it?”

Continue reading "Attorney Sam’s Take: Arrested In Boston For Disorderly Conduct (Part Two)" »

In the celebrity domestic violence case involving R & B performer Chris Brown and his ex-girlfriend singer Rihanna, Brown pleaded guilty to one count of felony assault on Monday. Per the terms of the plea agreement, Brown will serve six months of community labor, five years of supervised probation, as well as participate in domestic violence counseling. This is Brown’s only offense for domestic violence.

A stay-way order has also been issued that prevents the former couple from coming within 50 yards of one another—unless it is an industry event; in these situations, the two of them must make sure the distance between them is at least 10 feet.

If Brown had refused the plea agreement and was convicted of criminal threats and felony assault, he could have ended up serving up to five years in prison. The 20-year-old singer was arrested last February for allegedly threatening and beating Rihanna during an altercation prior to the Grammy Awards. The singer is accused of trying to push his then-girlfriend out of a car, shoving her head against a window, punching her, and biting her ear.

While some people are questioning whether Brown’s punishment is too lenient for the crime, the Los Angeles Times reports that his sentence is in line with what other first-time offenders pleading guilty to the same crime will usually receive. Former deputy district attorney Dimitry Gorin says he has negotiated similar plea agreements for other defendants and that Brown's sentence is not a light one.

Gorin noted that even if Brown were ordered to serve jail time, the Los Angeles County jail is so overcrowded that the singer would likely have served just a “fraction” of his jail sentence. District attorney spokesperson Sandi Gibbons says that Browns’ plea agreement was not “special treatment” and that Rihanna approved of the deal.

Settlement reached in Chris Brown's alleged beating of Rihanna, Los Angeles Times, June 22, 2009

Chris Brown Pleads Guilty in Deal, The New York Times, June 22, 2009

Related Web Resources:
Massachusetts Law About Domestic Violence

Group Reports Massachusetts 15 Domestic Violence Homicides to Date for 2009, Bostoncriminallawyerblog.com, June 7, 2009

Domestic Violence Overview, Justia

Continue reading "Singer Chris Brown Grabs Plea Agreement in Assault Case Involving Ex- Girlfriend Rihanna and Avoids Jail Time " »