Boston Criminal Lawyer Blog

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 " »

According to Jane Doe Inc., there have been 15 domestic violence deaths in Massachusetts this year. The latest victim, Rebecca C. Moulton, was allegedly beaten to death by her live-in boyfriend. Moulton was 27.

Her boyfriend, David W. Vincent from Pittsfield, was initially held for assault with intent to murder and aggravated assault and battery. On Friday, Vincent pleaded guilty to an “upgraded” charge of murder.

Jane Doe Inc. says that there were 25 domestic violence murder in 2008 and 42 domestic violence deaths in 2007.

Domestic Violence
Domestic violence may consist of violent interactions between family members or members of the same household or people that are or were romantically involved with one another. Domestic violence should not be tolerated.

While this is a serious crime that can cause great injury to its victims, not everyone that is accused of committing domestic violence is guilty of the offense. In some instances, a fight between a husband and wife can be wrongly construed as a domestic violence incident, with one party forced to take the brunt of the blame. False accusations have also been known to occur—sometimes brought about during the heat of the moment.

An experienced Boston criminal defense law firm understands that there are often complex dynamics at play during interactions between family members and lovers. Massachusetts, however, has a mandatory arrest police that mandates that law enforcement officers arrest anyone accused of domestic violence. Domestic charges may include allegations of assault, harassment, reckless endangerment, restraining order violations, assault with a deadly weapon, unlawful imprisonment, stalking, kidnapping, and murder.

You are entitled to the best defense possible against any Massachusetts domestic violence allegation or criminal charge. The outcome of your case could affect your marriage, your career, divorce or child custody proceedings, and the rest of your life.

Cops: State logs 15th domestic violence homicide of 2009, Boston Herald, June 6, 2009

Pittsfield Man Pleads Not Guilty To Murder, CBS 3 Springfield, June 5, 2009

Related Web Resources:
One Million False Allegations of Domestic Violence Each Year, Report Finds, MediaRadar.org, January 29, 2007

Domestic Violence, The National Father's Resource Center

Continue reading "Group Reports Massachusetts 15 Domestic Violence Homicides to Date for 2009" »

Yesterday’s Boston Globe contained the story of a “standout” high school football star who now is not looking for a talent scout, but a criminal defense attorney. While he had been scheduled to bring his athletic prowess to college, his future is now in doubt due to allegations of demonstrating them at the wrong place and time.

The crimes alleged are of the Massachusetts assault and battery variety and have invoked further suspicion of ongoing domestic abuse.

It would appear that Mathew G., 18, of Dracut (hereinafter, the “Defendant”) and his girlfriend are parting ways. His 17-year-old ladyfriend has accused the Defendant of hitting her early Sunday morning in a rage of alcohol-fueled jealousy at a party in Lowell. Apparently, this assault included pouring beer over her head as she talked to another male. She also claims that the Defendant punched her in the face when she ran away from him, refusing to return.

The Defendant was arrested was arraigned on domestic assault and battery charges in Lowell District Court on Tuesday, during which time he pleaded “not guilty”. While both he and his court-appointed attorney have refused to make any public comment, his ex-girlfriend has indicated that this is not the first time the Defendant has struck her.

While the complainant declined a ride to the hospital, the officers say that they saw redness on her face, presumably from the Defendant’s blow.

Continue reading "Sports Star's Future Is In Danger As He Is Arrested For Domestic Assault And Battery" »

I remember years ago, before I was a lawyer, growing up in the Boston area and hearing commercials about what happens if you are arrested for possessing a gun. “If you are caught with a gun”, I recall it saying, “you will go to jail for one year…and nobody can get you out”. The tone of the announcement made it clear that the possession of guns was behind the ever-worsening crime problem.

And, then, came the other public service announcements which declared, “Guns don’t kill people, People kill people.”

And so it seemed to me that the obvious solution would be to simply send the guns to jail for a year with no hope them of getting out.

Then came my education at the hands of the Boston University School of Law, the Kings County District Attorney’s Office and, finally, my many years as a Massachusetts criminal defense attorney. Throughout these years, I have seen the gun issue from many different perspectives. All of these perspectives get a voice in the realities of the criminal justice system.

The result?

There is no one clear and simple answer as to how gun possession is handled by the courts. As with most things in the criminal justice system, it depends on the circumstances. There is no simple, issue-free gun possession case. This is why you need an experienced criminal defense attorney to guide you through the morass of potential scenarios when facing prosecution for possessing a firearm.

And that is why this week's Attorney Sam's Take discussion is about gun possession in Massachusetts.

Continue reading "Got Guns? A Boston Criminal Lawyer Discusses Firearms Possession In The Commonwealth" »

Today, the daily Boston Criminal Lawyer Blog goes to Framingham…figuratively…where recent troubles seem to have taken place on both sides of the seriousness spectrum.

Let’s start with Adilson D., 37 (hereinafter, “Defendant 1”). He was displeased about a recent interaction with local police. So, while the rest of Massachusetts was focxussing on the weekend heat wave, he spent his early Sunday morning hours apparently repeatedly called 911 to voice his displeasure.

They did not appreciate the criticism.

Law enforcement arrived at Defendant 1’s home to arrest him, at approximately 5:47a.m., which happened, believe it or not, after a “brief struggle”, according to, Deputy Police Chief Craig Davis .

Defendant 1’s 911 complaint calls began at 4:30 a.m.. He said he was upset about being pulled over and that he had been abused by the police.

The 911 dispatcher told him to call the main phone line to make such a complaint, Davis said.

So, naturally, he continued to call 911 eight more times by 5:30 a.m.

Continue reading "Two tales from Framingham....from disorderly conduct to murder- criminal defense lawyers needed" »

Over the years, as a Boston criminal defense attorney, I have come across what has become an “age old question”. The question is what are the limits of disciplining one’s own children. In days gone by, the answer was apparently “whatever works”.

Fortunately, those days are over. However, as with other types of Massachusetts domestic violence matters, the pendulum seems to have swung all the way in the opposite direction. Understand that I am not a believer of corporeal punishment and I do not engage in it with my kids. However, I have seen cases where criminal charges were brought because of one slap as a response outrageous behavior.

Where does the case of Amaurys G., 28, (hereinafter, the “Defendant”) of Lawrence, fall on the chart? You decide.

On Friday night, the Defendant was arrested and charged with Massachusetts assault and battery on his children. The kids’ behavior involved arguing over a toy car.

The Defendant’s solution?

Beating the two kids, ages 9 and 10, repeatedly with a phone charger cord and throwing a bag of oranges at his daughter.

Continue reading "Father arrested for assaulting his children, posted bail- will be arraigned on Tuesday. " »

Today’s daily Boston Criminal Lawyer Blog features two people who are well known to the criminal justice system. In fact, one of them was featured in a posting on April 7th and can be found here.

Harold P., 41, of Lynn, (hereinafter, the “Defendant”) is a former youth sports coach and Lynn Classical hall monitor. The former hall rule enforcement official is in trouble with the law.

Again.

The Defendant had faced charges back in 2002. He had been accused of a sexual assault matter concerning a Lynn Classical student at that time. In 2005, he was exonerated.
On April 4th, 2009, however, he found himself charged with domestic violence.

This Monday, the Defendant was arraigned at Lynn District Court. He posted $200 bail, but reportedly fled court before he was supposed to. Because of that, he now has an outstanding warrant out for his arrest.

"It's all a big misunderstanding," said Lynn native and Boston attorney Gary Zerola. "He has never failed in his obligations and he just misunderstood what he was supposed to do."

Continue reading "Boston Lawyer/Former Defendant Fights Domestic Violence Case" »

Boston waits, along with the rest of the world, for the next episode of the latest show biz soap opera. In case you have not heard…it involves Chris Brown and Rihanna, two well-known stars in the music world. The next episode is expected to air in April, when Mr. Brown is scheduled to be arraigned on charges of assault likely to cause great bodily injury and making criminal threats. The complainant? His girlfriend and fellow star, Rihanna,

The plot twist?

Rihanna seems to be on the side of her battling beau.

On a previous episode, the judge was ready to order Brown to stay away from Rihanna, as is customary in Domestic Violence cases. But the objection came from Rihanna, who asked the judge not to prohibit such contact while he faces these felony charges.

The judge granted her request, but ordered that Brown not abuse or intimidate her in the meantime. According to her attorney, that was “more than sufficient”.

Whatever that means...!

Continue reading "Domestic Violence Starring Chris Brown And Rihanna Takes Center Stage " »