Samuel Goldberg is the senior criminal defense attorney at the firm of Altman & Altman, LLP. A former prosecutor in New York, he has worked as a Boston defense attorney over 18 years. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network.
To speak to Sam about a criminal matter call 617-492-3000.

June 8, 2009

Boston Area College Student In Trouble After Murder On Harvard University Campus

Last week, I posted a blog about a group of do-it-yourself sleuths who tried to solve the murder mystery of fallen 21-year-old Justin C. (hereinafter, the “Deceased”) at Harvard University. The result? The investigators they hired ended up arrested instead. That posting, by the way, can be found here. Meantime, the professionals were busy at work trying to solve the murder mystery that had come to Cambridge. The police arrested Jabrai C., 20, of New York, (hereinafter, the “Defendant”) for the crime. The Defendant and his lawyer have answered “Not Guilty” to charges of murder, accessory after the fact to murder and Massachusetts possession of a firearm.

The Deceased had been shot in the basement common room in a dormitory of the Cambridge campus. It has been determined that multiple shots were fired at the scene and that there were individuals aside from the Defendant and Deceased, who were present and involved in the shooting.

The Defendant, a New York songwriter, turned himself in to the Cambridge Police, according to the District Attorney’s office of Middlesex County, and will be held without bail until his July 15th hearing. However, the DA has also announced that two female Harvard students are linked to the incident. It is suspected that they allowed those involved in the murder to gain entry to Kirkland House.

Leone declined to comment on what if any charges might be pressed against the two Harvard students, but they both were asked to leave campus and are not be allowed to graduate this month. One of the two women is Chanequa C. (hereinafter, the “Accused”)

“This is a highly educated, independent young woman who has literally been cared for since she was a teenager by Harvard—and now they have terminated her right to be on campus,” the Accused lawyer has complained. “There is no justification for it. She may have known the people involved, but you know, it’s not guilt by association in this country.”

Continue reading "Boston Area College Student In Trouble After Murder On Harvard University Campus" »

June 1, 2009

Boston-Area Drug And Theft Suspects Are Arrested After Police Investigations Despite Differing Approaches

Two Massachusetts Criminal Defense Attorneys have new clients resulting from their dealings with local police departments this past weekend. The two men handled the situation differently, but both methods ended in the same place...custody.

First there was the adventure of Randy G., 25 of Boston (hereinafter, “Defendant 1”). Defendant1 indicated that he was rather fond of doing business with a certain undercover police officer. In fact, he liked him so much, he thought it would be nice for the undercover to be a regular customer for his drug trade.

How did he do that? Well, the good old fashioned way – he tried to entice him with a bargain. He offered the undercover detective a lower price on crack, cocaine, if he would buy in volume.

The bargain was that Defendant1 would sell the UC seven or eight bags of crack for only one hundred dollars if he agreed to join his cadre of regular customers.

Not a bad deal…if you are in the market for that sort of thing.

The UC, however, wasn’t. He responded by offering Defendant1 a pair of the Commonwealth’s Bracelets of Shame. It was a deal Defendant1 could not refuse. Literally.

Continue reading "Boston-Area Drug And Theft Suspects Are Arrested After Police Investigations Despite Differing Approaches" »

June 1, 2009

Criminal Jury Trial For Drug Sale AndManslaughter Ends; Jury Returns Verdicts Of Guilty And Not Guilty

As last week ended, many of us were still preparing for the summer weather which seems to taunt us in the Boston area every few days. Other, less mundane, issues were consuming the thoughts of Robert L. of Gloucester (hereinafter, the “Defendant”). He and his defense lawyer were awaiting a verdict in his Homicide trial in Lawrence Superior Court.

The jury returned Friday with a mixed verdict for him. He was found to be not guilty of manslaughter, but will still be serving the next three to six years in state prison for the selling of prescription painkillers.

The case dates back to December 17, 2004, when Richard B., 38, (hereinafter, the “Deceased”) died after paramedics found him in cardiac arrest, unconscious and not breathing, in his car outside his Essex Street house. Law enforcement believed that the Deceased had overdosed on a drug known as Fentanyl which had been contained in a patch designed for slow absorption through the skin that he had apparently opened and ingested.

After more than a year of investigation, the Commonwealth decided that the Defendant, 43 at the time, had sold the Deceased, his co-worker, the drug for $50 after a Christmas party. Given the unhappy result, they not only charged him of the sale of the drug, but also with manslaughter.

Continue reading "Criminal Jury Trial For Drug Sale AndManslaughter Ends; Jury Returns Verdicts Of Guilty And Not Guilty " »

May 27, 2009

Got Guns? A Boston Criminal Lawyer Discusses Firearms Possession In The Commonwealth

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" »

May 26, 2009

Boston-Area Dogs Assist Law Enforcement As Both Canine Police Officers And Crime Victims

Dogs are considered “Man’s Best Friend”. In the Boston area, though, they are particularly close with "man" involved in criminal prosecutions. After almost a quarter century as an attorney, I can finally see the day coming when I may have to cross-examine a pooch. A number of cases this very month underscore the canine war against crime.

Let’s start with a story from the Boston Herald this very Tuesday. Michael P., 52, of Allston (hereinafter, “Defendant 1”) had a bit of an altercation with his neighbor’s German shepherd. Yes, the altercation included Defendant1’s assault of the dog.

You see, Defendant 1 says he was frustrated and angry with the dog because it constantly barked at him from behind a fence. For some reason, Defendant1 apparently thought that throwing hot coffee in the dog’s face might clear up the issue.

The police were called to the scene. While the dog’s owner told prosecutors that his dog suffered no injuries, the officers were still able to smell the coffee on the dog’s fur.

Continue reading "Boston-Area Dogs Assist Law Enforcement As Both Canine Police Officers And Crime Victims " »

May 24, 2009

North Of Boston Drug Bust Nets Over 500 Pounds Of Marihuana and $200,000 from Interstate Conspiracy

You’ve heard of Costco, haven’t you? It is a very popular chain of stores that specializes in cost-cutting by purchasing in volume. You know, why buy one box of napkins when you can by 80 and get a bargain in the process? It looks like some Boston-area entrepreneurs took the idea alittle too far this week. And, in case you are wondering, no, one cannot retain attorneys in bulk…although two North Shore gentlemen may wish one could.

It was in the Costco parking lot on Route 1. It was Wednesday at noon. And it was, according to law enforcement, more than 500 pounds of marijuana that was recovered.

How much is 500 pounds? Well, you know that new law that says it is no longer a crime to have a “small amount” of marihuana for your own use? Well, this would be over 8,000 x that amount.

Probably not a simple error in measurement.

The Massachusetts State Police believes that the operation was a large-scale narcotics delivery in Danvers.

The troopers set up surveillance in the parking lot in connection with an ongoing investigation. According to the officers, Brian T., 42 of Revere (“Defendant Greeter”) arrived in a rented truck as Phillip W., 37, of Saugus (“Defendant Lookout”) acted as the lookout. Then, occupants of a tractor-trailer with Indiana license plates met with Defendant Greeter.

Continue reading "North Of Boston Drug Bust Nets Over 500 Pounds Of Marihuana and $200,000 from Interstate Conspiracy" »

May 20, 2009

What Should You Do If You Are Being Arrested In Boston? The Boston Criminal Lawyer Blog Answers The Questions Of What To Do Until You Contact Counsel

Once again, you are being arrested in Boston. Maybe you are out for a “night out on the town” and the town, and its inhabitants, has turned on you. Perhaps you are carrying something that has been branded as illegal…such as a gun or some drugs. Maybe there is a warrant out for your arrest and, for some reason, those police officers on the corner are looking at you kinda funny. Whatever the circumstances are, members of law enforcement are coming to approach you and they are not baring gifts…except for the Commonwealth’s Bracelets of Shame. Oh, how you wish you had your lawyer standing right beside you.

But you don’t.

You are on your own until you can get to the experienced criminal defense attorney whom you long ago learned from this daily blog you should consult.

What to do.

In today’s weekly Thursday Attorney Sam’s Take, we look at these crucial moments during which time you will decide how to respond to the approaching officers. If you are a regular reader to this blog, you probably know a lot of what I am about to tell you already. However, it is worth reviewing, since getting it wrong could cost you a lot of years.

Continue reading "What Should You Do If You Are Being Arrested In Boston? The Boston Criminal Lawyer Blog Answers The Questions Of What To Do Until You Contact Counsel" »

May 19, 2009

Boston Area Gentleman Needs Defense Attorney After Guns, Drugs And Cash Are Found Throughout His Home

Mr. John F., 32 of Quincy (hereinafter, the “Defendant”), needs a good lawyer.

According to law enforcement, his home housed some ill-advised contents. As a result, he is now being described as a mid-level drug dealer.

On Monday night, around 6:00pm, police raided the Defendant’s home. The Commonwealth claims that a search of the home resulted in the seizure of approximately 20 grams of crack, cocaine and weapons including two shotguns, one which had a sawed-off barrel, a 9 millimeter handgun with a defaced serial number and hollow-point bullets.

The Defendant himself was not found in the actual house. He was allegedly found in a detached garage where two shotguns and a Sig Sauer semi-automatic handgun were also discovered.

Police also indicate they found a box containing $1,100 in cash located above a suspended basement ceiling as well as another $1,700 in a bedroom, along with the 20 grams of crack found in the bedroom closet.

Continue reading "Boston Area Gentleman Needs Defense Attorney After Guns, Drugs And Cash Are Found Throughout His Home" »

April 22, 2009

Drug Arrests made in MA -Felony Drug Charges To Follow, Including Trafficking and Distribution

These have been big days for narcotics law enforcement specialists. State agencies as well as Boston’s various local FBI, ATF and DEA agents worked together to bring suspects to court and clients to lawyers.

Let’s take Pittsfield first. There, three daytime raids resulted in the seizure of approximately $35,000 worth of drugs as well as the alleged leader of the Bloods gang.

The hope is that the synchronized raids will bring an end to the violent crime problem that has been plaguing the area. The police chief said, “By following up in this investigation, it is our hope and expectation that we will come to a solution in some, if not all, of the violence that has plagued Pittsfield over the last several months."

The raids were a result of an ongoing investigation by the Berkshire County Drug Task Force and the Pittsfield Police Department drug unit.

Meanwhile, a South Easton man was arrested on Massachusetts cocaine trafficking charges after police seized about $30,000 in cocaine and $9,000 cash in an undercover narcotics investigation headed by Foxboro Detective Thomas Kirrane and Sharon Detective Scott Leonard of the Norfolk County Anti-Crime Task Force.

Stephen K, 52, (hereinafter, the “Defendant”) who lives at the Easton Mobile Home Park on Route 138 in South Easton, was arrested last Wednesday in the Shaw’s supermarket parking lot at 760 South Main St. in Sharon, near the Foxboro line. When he was arrested the Defendant, who also has an address in Florida, had numerous bundles of cocaine with an estimated value of more than $2,000 and more than $2,300 in cash

Continue reading "Drug Arrests made in MA -Felony Drug Charges To Follow, Including Trafficking and Distribution" »

April 6, 2009

Criminal Defense Attorney Wins Search Issue In Drugs And Guns Case

The city of Lynn’s top cop, Police Chief John Suslak, is unhappy. His ire has been raised by a ruling by the Supreme Judicial Court in Boston. On Friday, he joined law enforcement officials across the state in saying that the decision barring police from frisking suspected drug dealers for weapons in most cases endangers officers. To said officials, those pesky defense attorneys have done it again. More loopholes for criminal defendants to slip through.

To said attorneys, however, as well as the Court, those “loopholes” are Constitutional safeguards.

Last week, the SJC, the Commonwealth's highest court, ordered police to stop pat-frisking suspected drug dealers for weapons unless they have specific information the person is armed or has a history of violence. One member of the Court disagreed with the majority, claiming that the ruling puts police officers in jeopardy. Various members of law enforcement agree with that dissenting opinion and Chief Suslak.

"Police work by its nature is dangerous, and drug work is even more so," said Lawrence Police Chief John Romero. "We will comply with the ruling . . . but it's going to put officers at risk." Suffolk District Attorney Daniel F. Conley, however, is not so compliant. He has said that he wants Boston police officers to protect themselves and that he is prepared to lose some cases if a judge rules drugs were found after an illegal pat frisk.

Continue reading "Criminal Defense Attorney Wins Search Issue In Drugs And Guns Case" »

April 1, 2009

A Bomb Threat Is Not A Good Defense To Probation Violations

As last week came to a close in Lawrence, Massachusetts, its district court had a little excitement. A bomb scare was declared. Now, those believed behind the scare are facing criminal charges and need lawyers.

The reason for the bomb scare?

Perspective probation violation.

Yes, the police allege that Jamiel W.,18 (hereinafter, the “Defendant”) had been scheduled for a drug analysis test. It was a part of his probation requirements. It was also a test that he believed he would not pass.

Failing the test could land him back in jail.

Unfortunately for the Defendant, law enforcement tends to take things like bomb scares fairly seriously given that this is the age of terrorism.

Continue reading " A Bomb Threat Is Not A Good Defense To Probation Violations" »

March 20, 2009

Massachusetts Drug Traffic Continues

It was not an uncommon news story on Wednesday in Springfield. A Multi-defendant drug bust of heretofore unknown budding defendants. You know the drill…”high-crime area”, “ongoing investigation”, attorneys’ arguing bail and mouthing “not guilty” for their clients to recite when asked by the court.

Sergeant John Delaney of the Springfield Police Department proudly announced the arrests of John C., 27; Karla T., 24; and Robert W,, 37. (hereinafter, collectively the “Three Defendants”) as part of the bust.

The arrests followed an ongoing investigation. After conducting an hour of surveillance, watching drug sales of crack and marijuana, the police arrested two alleged sellers and one alleged buyer. on Carter and Tapia at Union and Orleans Streets, detectives observed the duo routinely making sales of crack and marijuana. After police observed Walter receive a sale, police followed him out of the vicinity and arrested him.
The arrests of the alleged drug dealers went down without incident. The alleged buyer, however, fought back and tried to swallow the evidence.

He lost the battle.

Continue reading "Massachusetts Drug Traffic Continues" »

March 15, 2009

Howard K Stern and Two Doctors Charged with Providing Controlled Substances to Anna Nicole Smith

Two years after the death of former Playboy Playmate Anna Nicole Smith, Howard K Stern, her boyfriend and attorney, and two of her doctors have been charged with conspiring to supply her with controlled substances from July 2004 through January 2007.

The two doctors are Khristine Eroshevich and Sandeep Kapoor. The two of them and Stern allegedly prescribed, dispensed, or gave a controlled substance to Smith, who was a drug addict. They are accused of conspiring to and providing the former model-turned reality star with thousands of prescription pills prior to her death.

Smith died from an accidental prescription drug overdose in February 2007. She was just 39. 11 prescription drugs were found in her hotel room at that time. Some of the medications were prescribed to Smith using aliases, while other drugs were prescribed to Stern.

Stern and Kapoor were both arrested last week and released on $20,000 bond. Eroshevich is expected to turn herself in. Her criminal defense lawyer says that Eroshevich only provided prescription drugs to Smith under other names to protect the star's privacy.

Stern faces six criminal felony counts while the doctors have been charged with seven.

Smith’s drug overdose death came just months after her son Daniel, 20, died after taking a deadly mix of drugs and while Stern and Larry Birkhead, another former Smith boyfriend, waged media and legal battles over which of them was the biological father of Dannielynn, Smith’s baby girl. DNA tests eventually confirmed that Birkhead was the father.

Following Stern’s arrest, his attorney issued a statement calling all the accusations against him false. She expressed confidence that the drug charges against him would be dropped and she cautioned the media to allow Stern to be presumed innocent unless he is proven guilty in a court of law.

Lawyer, MDs Charged in Anna Nicole Smith Case, The Washington Post, March 14, 2009

Howard K Stern's Attorney Issues a Statement, ET Online, March 13, 2009


Related Web Resources:
Anna Nicole Smith collapses, dies at 39, MSNBC, February 9, 2007

Birkhead named baby's dad; Stern won't fight for custody, CNN.com, April 10, 2007

Continue reading "Howard K Stern and Two Doctors Charged with Providing Controlled Substances to Anna Nicole Smith" »

March 11, 2009

Massachusetts Police Say Economic Woes Have Led to More Break-Ins, Larceny, Domestic Violence, and Other Crimes

Police in Massachusetts say they believe that the increase in car break-ins, burglaries, scams, larcenies, and domestic violence crimes throughout the state can be attributed to the recent economic crisis. For example, the Boston Globe is reporting that in:

• Lawrence, Massachusetts: Burglaries have already increased by 52% compared to last year.
• Lowell, Massachusetts: There has been a 21% increase in thefts and larcenies, as well as an increase in fraud cases.
• Hingham, Massachusetts: Between October 2008 through February 2009, there were 57 reports of domestic violence-related crimes (up from 35 domestic violence incidents the year prior).
• Boston, Massachusetts: While large crimes are down throughout the city, certain areas have seen an increase in robberies, thefts, and burglaries.
• Between January 1 through March 1, 2009, the Suffolk district attorney’s office assessed 256 child abuse cases, which is almost twice the number of cases reported for the same period in 2008.

According to police, loss of work, loss of income, foreclosures, and loss of quality of life may be leading to desperation, frustration, anger, stress, arguments and fights between couples and business partners, drinking, and drugs.

Police departments throughout Massachusetts are also reporting some unusual crimes that could be a further reflection of the tough times that people are facing:

• A Ludlow bank was robbed two times in a little over a year in a town that hadn’t experienced a bank robbery in 20 years.
• In Hingham, one man was accused of assaulting his spouse after he was laid off from work.
• One Quincy theft crime that occurred last December involved robbers taking three snowplow blades.
Domestic violence programs throughout Massachusetts are reporting an increase in the number of battered women asking for help.

It doesn’t help that the economic crisis is forcing police departments to cut back on budgets, which means there are less resources and staff to deal with the increase in Massachusetts crimes.

Economy fuels rise in crime, police say, Boston.com, March 10, 2009

Massachusetts Crime Rates 1960 - 2007, Disaster Center

Related Web Resources:
Massachusetts State Police

Continue reading "Massachusetts Police Say Economic Woes Have Led to More Break-Ins, Larceny, Domestic Violence, and Other Crimes" »

March 4, 2009

The Boston Criminal Lawyer Blog Views The Remains Of A Boy Charged With Murdering His Brother To Control The Family Drug Trade

Hyannis, Massachusetts, is a land one does not often associate with gang wars and murder. However, today’s daily Boston Criminal Lawyer Blog examines one of its more tragic stories…one that sounds like it came out of a bad novel... or the Civil War. It is about two brothers who were brought up in a family business too often found these days…the Massachusetts drug trade.

Now, one brother is dead. His younger brother is charged with killing him.

Mykel M., 13, (hereinafter, the “Defendant”) is now accused of masterminding the slaying of his 16-year-old half-brother Jordon (hereinafter, the “Deceased”) so he could take over the drug operation — one police say they inherited from their father, who is in prison for running one of the biggest cocaine rings on Cape Cod.

The Deceased was found shot, stabbed 27 times and dumped into a pit, where his body was torched. Another 13-year-old friend and a 20-year-old cousin also are charged with murder.

The killing has shaken the normal quiet of winter on Cape Cod, the summer tourist destination known for its beautiful beaches, salt water taffy and famous residents. In fact, the Deceased lived just a few miles from the Kennedy compound in Hyannis Port.

Continue reading "The Boston Criminal Lawyer Blog Views The Remains Of A Boy Charged With Murdering His Brother To Control The Family Drug Trade" »

February 26, 2009

The Boston Criminal Lawyer Blog Welcomes Drugs And Guns Defendant Home

Today, we welcome home Germaine G., 30, (hereinafter, the “Defendant”). The Commonwealth has just welcomed him back by awarding him seven and a half years of free room and board. He had actually earned the award when he was convicted four years ago for violating Massachusetts' drug trafficking and firearm laws. He was not there for the verdict, though. Apparently demonstrating his faith in how things went, he left his attorney behind and skipped out during jury deliberations. The former resident of north of Boston’s city of Lynn is now back in the Commonwealth’s warm embrace and it appears he will be for awhile.

The Defendant had been found guilty of trafficking over 28 grams of cocaine, trafficking cocaine within 1,000 feet of a school zone, distribution of cocaine as well as possession of a firearm and ammunition without a license.

Jurors had deliberated for five and a half hours over a two-day span, but reported their verdict to an empty chair on Nov. 30, 2004 after the Defendant, who had been free on $5,000 cash bail, failed to appear for the conclusion of his trial.

A Massachusetts warrant had been issued for his arrest.

He was intercepted in October on the warrant after trying to enter Toronto, Canada from Barbados.

Tuesday afternoon in Woburn Superior Court, Judge Elizabeth M. Fahey welcomed the Defendant back by ordering that he serve five years in state prison for the cocaine trafficking charge and also imposed another mandatory 30-month jail sentence for trafficking cocaine within a school zone, which will commence when he completes his state prison term.

Continue reading "The Boston Criminal Lawyer Blog Welcomes Drugs And Guns Defendant Home" »

February 17, 2009

South Of Boston District Attorney’s Office Policy Means A Decade In Prison For Drugs And Guns Defendant

The new changes in the Massachusetts drug laws will not help one gentleman from Fall River. It might not happen in Boston, but New Bedford’s District Attorney has a policy that means bad news for defendants possessing drugs and guns.

The result?

A decade behind bars.

William T., 30, (hereinafter, the “Defendant”) was convicted last Monday in New Bedford Superior Court on various Massachusetts drug charges, such as trafficking Class B drugs over 100 grams, trafficking Class B drugs over 14 grams and possession of marijuana to distribute, as well as possession of an illegal firearm, unlawful possession of ammunition and unlawful possession of a large capacity feeding device after pleading guilty.

Superior Court Judge Richard Moses sentenced the Defendant to 10 years for the drug trafficking charge, and a three-year sentence to run concurrently on the Massachusetts firearm charges.

The Defendant was arrested in March 2007 after police saw him exit a residence at 33 Hall St. during a surveillance operation. Police then stopped the Defendant as he drove away from the home, and a subsequent search revealed two plastic bags in his waistband containing 122 grams of cocaine.

Police then went to the Defendant’s home and executed a search warrant. Police recovered two bags of marijuana, 23 more grams of cocaine, five firearms, ammunition, a scale, packaging materials and $37,665 believed to be drug proceeds.

Continue reading "South Of Boston District Attorney’s Office Policy Means A Decade In Prison For Drugs And Guns Defendant" »

February 9, 2009

February ’09 Gets Early Recognition As “Weapons Gathering Month” By The Boston Criminal Lawyer Blog

This February began as “Weapons Gathering Month” as far as local police are concerned. We return to two warnings often read in the daily Boston Criminal Lawyer Blog. Namely...(1) different law enforcements agencies communicate and (2) you do not get advance notice that an investigation is going on.

No, I am not referring to the cache of weapons in a Worcester home that were discovered when police and an ambulance were called due to a medical emergency this weekend. The month’s gun-toting atmosphere predated that.

A joint investigation by five area towns resulted in the arrest and arraignment in the beginning days of February of a Maynard man on charges of stealing and trying to sell firearms, including some assault rifles.

Lawrence W., 24, (hereinafter, the “Defendant”) was arrested as a result of an ongoing investigation according to Marlborough Detective Lt. Robert Jusseaume, one of the investigators in the case. The investigation included police from Maynard, Marlborough, Hudson, Sudbury and Newton, he said.

"We were able to pool information and resources and we were able to, based on our investigation, establish probable cause that a cache of weapons was stored at house in Maynard," Jusseaume said.

"It originated with a burglary in Newton over the summer," Jusseaume said. "Numerous weapons, including assault rifles, were taken."

Continue reading "February ’09 Gets Early Recognition As “Weapons Gathering Month” By The Boston Criminal Lawyer Blog" »

January 21, 2009

Unusual Drug Bust Outside Of Boston No Laughing Matter

It was not downtown Boston, but downtown Northampton that hosted a concert featuring a jam band known as the Disco Biscuits, resulting in fourteen arrests. The somewhat unusual scene apparently led suspects laughing all the way to meeting their attorneys at Northhampton District Court where they were advised of their charges.

The nature of the charges? Drugs and juvenile in possession of alcohol.

But there was a twist in this one.

Perhaps inspired by the noteworthy performance of the late Heath Ledger as The Joker in 2008’s blockbuster film “The Dark Knight”, some of those arrested were in possession of tanks containing nitrous oxide.

You may have heard of it as “laughing gas”.

Police found that the suspects had set up metal cylinders of nitrous oxide in various locations, including one police discovered in alley off King Street right next to the theater. They were selling balloons filled with the gas for $5 apiece, Police Capt. Kenneth A. Patenaude said.

About a half-hour later, a crowd of 40 to 50 youths led police to discover another tank set up in the alley next to Florence Savings Bank on Pleasant Street. Yet another of the tanks was confiscated Saturday night from a room at the Quality Inn after a disturbance was reported there, according to Patenaude.

Continue reading "Unusual Drug Bust Outside Of Boston No Laughing Matter" »

January 7, 2009

Boston Watches As Bernard Madoff’s Criminal Lawyer Tries To Keep Him Out Of Custody

…Meanwhile, back in the Bernard Madoff (hereinafter, the “Defendant”) drama, Magistrate Judge Ronald L. Ellis awaits written argument from the Defendant’s criminal lawyer as to why his client should not be incarcerated while awaiting trial for his artful recreation of the Boston – originated “Ponzi Scheme”.

The issues involved are an interesting combination of typical bail-related considerations as well as a novel twist to the “danger to the community” approach.

First of all, for those of you just waking up from about a month-long nap, the Defendant was arrested on December 11th on a securities fraud charge after the FBI said he confessed to swindling investors. Authorities say he told his sons he ran a $50 billion Ponzi scheme and had only a few hundred million dollars left.

The results of the fraud have been felt around the globe and across all strata of society.

He has been under house arrest at his multimillion-dollar Manhattan penthouse with an electronic bracelet and 24-hour guard.

But that status may be about to change.

On Monday, prosecutors asked the court for the Defendant's immediate incarceration, saying he and his wife violated a court order by sending jewelry and antique watches worth more than $1 million to relatives and friends over the holidays. They argued that the action violated a freeze of the Defendant's assets and demonstrated a danger to investors that he might dissipate assets. In effect, that by dissipating assets, he was continuing his thefts from his victims.

The judge asked lawyers on both sides during a bail hearing Monday to submit arguments this week to help him decide whether the Defendant should be jailed before trial.

Continue reading "Boston Watches As Bernard Madoff’s Criminal Lawyer Tries To Keep Him Out Of Custody" »

December 30, 2008

Defendant’s Lawyer Argues That Boston Area Client Who Killed Boyfriend Is The Victim

Slightly north of Boston, this week began with another romantic entanglement that spilled into the halls of justice. This time, it was substantially more tragic than our tale in yesterday’s daily blog. This time, somebody died. The prosecutor says that the killer is a criminal. Her defense lawyer, however, says she is the true victim, a victim of domestic violence.

Kimberly S, 30, of Somerville (hereinafter, the “Defendant”) was arraigned yesterday for murder. She is charged with plunging a kitchen knife into the chest of her boyfriend this past weekend. However, she claims that the killing of Amaldo A., 42, (hereinafter, the “Deceased”) was done in self-defense.

The Defendant, who claims to be a longtime victim of domestic abuse told police that she killed her boyfriend in the midst of another argument, according to a defense attorney and a police report filed today in court.

"Yes, I stabbed him, but he attacked me first," the Defendant told police, according to the report.

In Somerville District Court, she pleaded not guilty to a murder charge and was held without bail. Defense attorney Maria Curtatone pointed to what she described as bruises on her client's neck, chin, and forehead as evidence of chronic abuse.

Assistant Middlesex District Attorney Marian T. Ryan acknowledged that the couple had a history of domestic violence at their Greenville Street apartment. Neighbors said, however, that the Defendant was often the aggressor, Ryan said in court . The prosecutor also indicated that the smaller-in-stature Amado was too “embarrassed” to report the abuse.

Continue reading "Defendant’s Lawyer Argues That Boston Area Client Who Killed Boyfriend Is The Victim" »

December 26, 2008

Call His Defense Attorney - Outside Boston Warrant Collector Is Back!

You know, it is not just Metro Boston law enforcement who know how to investigate. They are all trained to do it. That is why I keep telling you not to try to outwit them because you are not likely to succeed. Keep quiet, comply and get a criminal defense lawyer.

Michael W., 23, (hereinafter, the “Defendant”), thought he could fool the officer who stopped him earlier this week. He was riding in a car when it was stopped for speeding in Ashland, Massachusetts. When questioned as to his identity, the Defendant apparently gave the police a false name.

Unfortunately for the Defendant, however, the name he gave belonged to someone whom the officer knew was already in jail, according to the police.

Of course, the Defendant had a reason for wanting to be someone else…there was currently a warrant out for his arrest for the crime of rape.

Continue reading "Call His Defense Attorney - Outside Boston Warrant Collector Is Back!" »

December 24, 2008

Love, Drugs, Sex, And Violence Outside Of Boston – Defense Attorney’s Needed

Lack of good judgment, while not a crime in itself, easily causes arrests. Here are two stories from the Boston area which illustrate this point and show how bad judgment can be expensive in the way of time, money, stress and the overall need for a defense attorney.

Beverly Police have charged two men are charged with the rape of a woman after a party and a night of drinking and smoking marijuana over last weekend. Another man known only by his first name (hereinafter, “Unknown Defendant”) could also face charges — if he is ever identified.

Terrence C, 17, of Beverly and Derek B, 18, (hereinafter “Defendants 1”), of East Bostonare the two identified defendants.

The rape reportedly happened on December 19th at a Cabot Street apartment and was reported to police just after midnight on Sunday morning, December 21st when the victim showed up at the Beverly Hospital emergency room. Beverly Police arrested the two men about 9 a.m. on Sunday.

The complainant, who is 18 years old, told police that it all began at a house party on Friday when the victim and the men went to one man’s apartment because he was under house arrest with a bracelet and had to be home, according to the police report.

Apparently, being under house arrest with a bracelet on is not a sign to be wary to today’s youth.

When they arrived, the complainant told police she gave Unknown Defendant $30 in cash to buy her Mike’s Hard Lemonade and grape vodka. When they returned to the apartment they all smoked marijuana and drank together, the complainant told police.

Just another typical Friday night in the ol’ north shore!

Continue reading "Love, Drugs, Sex, And Violence Outside Of Boston – Defense Attorney’s Needed" »

December 22, 2008

North Of Boston Gentleman Possesses Weapons That Any Defense Attorney Could Have Told Him He Was Not Allowed To Posess After A History Beating People With Them

How did you begin your weekend? I began mine by driving to court in Boston, doing other lawyer-like things at the office and then running home to “hunker down”, as the radio told me to do, because of the impending snow. I also dug out my car a couple dozen times.

I felt alittle put-upon by all that nasty snow.

In retrospect, though, I feel luckier. After all, 31-year-old Jason R. of Pelham, Massachusetts (hereinafter, the “Defendant”)did not have to shovel any snow on Friday, or Saturday or even Sunday. That was done for him.

In federal custody.

You see, he was arrested on Friday on federal warrants in Framingham stemming from a Pelham police investigation concerning illegal firearms possession.

Well, it was not just the fact that he was in possession of the guns…it was that he was a felon in possession of the guns.

The Defendant and law enforcement have had a bit of a stormy relationship over the past years.

Continue reading "North Of Boston Gentleman Possesses Weapons That Any Defense Attorney Could Have Told Him He Was Not Allowed To Posess After A History Beating People With Them" »

December 19, 2008

The Love-lorn North Of Boston Come To Blows And Need Defense Attorneys

In the north of Boston, there is a little city called Salem, Massachusetts. Salem is a fun place with its own claims to excitement. A number of years ago, for example, we used to hang people for being witches. Next to Salem, is Lynn. Perhaps for more mundane reasons, Lynn tends to be a rather exciting place to live too as we have discussed in the this daily blog many times.

Last July, a Lynn man, apparently unsatisfied with the adventures that Salem had to offer, engaged in alittle excitement of his own. Well, his and his lady friends…

Michael B., 37, (hereinafter, “Boy Defendant”), and his girlfriend, Caroline T., 27 of Woburn (hereinafter, “Girl Defendant”), came to Salem two days ago to put an end to their pending criminal matter. They were coming to plead guilty .

It had been an assault case. Actually, a domestic violence assault case. A domestic violence assault case that was allegedly committed right outside the courthouse.

The alleged victim? Boy Defendant’s estranged wife (hereinafter, “Mrs. Boy Defendant”).

Continue reading "The Love-lorn North Of Boston Come To Blows And Need Defense Attorneys " »

December 12, 2008

North Of Boston Does Its Best To Catch Up To Boston Proper’s Busy Drug Trade

Taghi T., 28, of Boston, (hereinafter, “Defendant 1”) was awaiting his mail on Wednesday. He did not realize that a criminal defense attorney would need to be involved.

Apparently, he should have.

Law Enforcement had intercepted the parcel and when Defendant 1 went to UPS in downtown Boston to claim it, he received the Commonwealth Bracelets of Shame instead. You see, the postal workers were really police officers. The package had a bit of marihuana in it…a “bit” being defined here as 10 pounds worth. And you know how the police are…always suspicious. For some reason they suspected there might be more goodies to be found, so they decided to search his Boston home.

They turned out to be right. They found a large amount of materials typically found in any healthy drug operation, according to Suffolk County prosecutors. Well, that is, if you consider 800 grams of cocaine, another 15 pounds of marijuana, more than 200 prescription pills, $25,235 in cash and various drug paraphernalia such as scales, cutting agents, and bags a “large amount”.

The Commonwealth does, incidently.

And so it was that Defendant 1 found himself before a Boston court facing various drug charges such as cocaine trafficking and drug possession.

But, hey, that’s the “big city”, right? If you are talking about Massachusetts, Beantown is the “big leagues”! The urban Mecca! What do you expect?

Continue reading "North Of Boston Does Its Best To Catch Up To Boston Proper’s Busy Drug Trade" »

December 8, 2008

Massachusetts Bank Robbery Suspects Continue To Engage Police In High Speed Chases And Win… Larger Criminal Sentences

Happy Monday. How did you start your weekend? I hear a lot of people went shopping. At Altman & Altman, LLP., we moved our offices next door.

In Fitchburg, Massachusetts, a gentleman had a high speed chase with an officer.

As usual, he did not win. He did, however, manage to injure a police officer, which successfully gained him membership into the infamous “Hey, I’ll Bet I Can Make This Worse” Club.

Of course, according to authorities, James T., 36 of Templeton (hereinafter, “Defendant 1”) had not exactly been the pillar of good judgment before the chase. There had already been a little matter of that warrant out for his arrest in connection with the robbery of the Fitchburg Savings Bank in Parkhill Plaza in April 2007.

Last Friday, police say that Detective Perry Pappas saw Defendant1 come out of a Marshall Street house around 1 p.m. and get into a black Saturn driven by a woman. The Detective followed the Saturn in an unmarked cruiser through city streets, and called for marked cruisers to help him with the arrest.

So far, so good.


Marked cruisers arrived around the intersection of Blossom and Crescent Streets. They signaled for the driver of the Saturn to stop.

That did not go over so well.

The Saturn did not stop. Instead, it drove along several more streets in the Fitchburg State College area and then hit another car at Pearl Street and Myrtle Avenue; that car, in turn, struck the cruiser driven by Police Officer Michael Rochette, police said.

The female driver of the Saturn was arrested at the scene and was taken to Leominster Hospital. Officer Rochette and three people in the car his cruiser collided with were taken to Leominster Hospital with what police said are non-life-threatening injuries.

Defendant 1, however, was not done yet.

Continue reading "Massachusetts Bank Robbery Suspects Continue To Engage Police In High Speed Chases And Win… Larger Criminal Sentences" »

December 5, 2008

Massachusetts Is On The Go With Assaults, Drugs And Captive Audiences

A new year is just about dawning! There is a new administration coming in to lead the country! Even our Cambridge office is moving (next door)! Let’s face it, people are on the go!

And, as goes “the people”, so goes the criminal justice system.

For example, let’s look at the case of the “Traveling Brawl Show” which opened its tents this week. It had a relatively short run, though. It ran from the evening hours of Tuesday to the morning hours of Wednesday, starting in Dennis, Massachusetts and ending in Hyannis.

It was not a “feel good” type of show, though. The star of the show, Patrick D., 27, of Dennisport (hereinafter, “Defendant 1”) performed the last act solo amidst charges of assault and battery on a police officer, assault and battery, resisting arrest and disorderly conduct.

The touring group began around 9:30pm on Tuesday at a Christy's in Dennisport. A customer mentioned to the store's assistant manager that a fight was underway near the dumpster to the rear of the store. The employee looked out and saw about 10 people fighting, including one with a baseball bat.

The assistant manager called the Dennis police. Meanwhile, the fight moved to the middle of Route 28, stopping traffic. The participants fled when Dennis police cruisers arrived.

According to court documents, the altercation allegedly led to two men being beat with one or more baseball bats and to the stabbing of Defendant 1 's brother. The injured were taken by others, including Defendant 1 , to the hospital.

Later that night, Officer Barrette was dispatched to the hospital to stand by the victims while Dennis police were en route to take statements. Hospital security guards took Barrette into an office to observe the people who had arrived with the injured.

The officer said he saw a man run into the emergency room lobby being chased by Defendant 1 . The man stood behind a hospital guard, but Defendant 1 allegedly still punched him.

Continue reading "Massachusetts Is On The Go With Assaults, Drugs And Captive Audiences" »

November 26, 2008

North And South Of Boston, Sex Trade Stings Are In Full Swing

As we near Thanksgiving, we look around for reasons to be thankful. True, economic times are tough and getting tougher. However, it would appear that all the violent crimes and drug dealing in Lynn, Massachusetts, has been stopped. No more guns rape, robbery or murder. It would appear that even the drunk driving problem is under control.

Now, the police have the time and resources to concentrate on other vicious crimes plaguing our society.

Prostitution, for example.

This past Saturday, a well timed police prostitution sting was said to be different than others done in the recent past. According to the Lynn Item, it was conducted in “broad daylight”.

No pun intended, I’m sure.

“For the city of Lynn, unfortunately, it’s a 24/7 problem,” said Sgt. Rick Carrow of the world’s oldest profession. He is the head of the department’s Special Investigation Unit that conducted the operation between 1 and 4 p.m. Saturday, netting nine arrests of would-be customers.

“There’s a market out there and we’re going to do what we have to do,” he said. And so they did.

Twenty-four-year-old Officer Kelly Aylward was the undercover decoy during the operation conducted in the downtown area, according to Carrow. The targets of this brilliantly conceived plan was to have an attractive female see if she could get men to want to have sex with her and be willing to pay for it.

Continue reading "North And South Of Boston, Sex Trade Stings Are In Full Swing" »

November 18, 2008

Burglaries Abound Throughout Massachusetts

As we drift ever closer to Thanksgiving, it would appear that some people are ready to name the pre-holiday weeks as Thanks! Taking!

In other words, there has been a rash of burglaries throughout the Commonwealth recently.

One rather enterprising culprit is believed to have cut a hole into the roof of a pharmacy in Swampscott, Massachusetts, thereafter stealing some prescription drugs.

It has not been revealed the nature of these drugs…whether they were sedatives for dealing with the holiday jitters, stimulants to help one work overtime in order to afford better Christmas gifts or, simply, a variety of goodies to sell on the street. One thing we do know, however, is that the burglary has left the local law enforcement baffled.

Police said they have no idea how the suspects scaled the walls of the building, but once they got on the roof, it is clear they used a power tool to saw a hole through the sheet metal. They then lowered themselves into the pharmacy. A second hole about the same size, believed to be the exit, was discovered in the wall of the store, according to police.

"Any time someone goes to that extreme you have to wonder just how dangerous they could be if you were to come in contact with them," said a concerned customer.

Continue reading "Burglaries Abound Throughout Massachusetts " »

November 11, 2008

Massachusetts Probation For Fraud Is Violated By Assault Charges

Today is Veteran’s Day. It is a day for reflection and a day to honor the men and women who have served this country in the trenches of various lands throughout the years.

Today’s daily blog looks at a matter occurring inside more local trenches. Criminal Justice trenches. The courtroom. A courtroom on Salem, Massachusetts, to be exact. While it certainly does not involve the valor we celebrate today nationally, it does contain some violence and a couple of lessons for us.

Martin S., 53, of Lynn (hereinafter, the “Defendant”) recently lost his battle for his own personal liberty in the Salem courtroom. He was sentenced to serve two years at the Massachusetts Correctional Institute at Cedar Junction as he was found to have violated probation. Two witnesses testified at the hearing that he grabbed a woman by the throat and fought another man during a September 21, 2008 altercation at an apartment on Lynde Street in Salem.

The Defendant’s attorney said he had gone to the apartment to get his girlfriend out of there because she was drinking alcohol, a violation of her probation for a drunken-driving conviction.

Although the assault charge is still pending in court, the Superior Court Judge observed that the arrest itself is a probation violation. "He's gotten away with quite a bit in the last couple of years," the judge said yesterday before announcing the sentence at the conclusion of a probation hearing.

Continue reading "Massachusetts Probation For Fraud Is Violated By Assault Charges" »

November 10, 2008

Arrests Made During Investigations Concerning Juvenile Alcohol And Drug Traffic North And South Of Boston

Friday night was a big night for Massachusetts law enforcement in the prosecution of juvenile alcohol parties and narcotics investigations.

In Danvers, An investigator's patience paid off as he sat back and watched an alleged drug deal, stopping the car afterwards. He found a wide variety of drugs in the car, police said yesterday.

Danvers Police Lt. Carole Germano said Detective Robert Sullivan was staking out a Newbury Street business at 10:15 p.m. Friday. "He had set up surveillance in the Motel 6 parking lot and he observed a hand-to-hand (pass) and subsequently stopped the vehicle and seized the drugs and currency," she said.

The stash allegedly found included cocaine, heroin, Vicodin and other prescription drugs inside the car, as well as an undisclosed amount of money.

Darren L., 40, and Twyla H., 27, (hereinafter, “Defendants 1”), both of Lynn, were arrested and charged with conspiracy to violate a drug law, drug violation near a school or park, possession of Class A drugs to distribute, possession of Class B drugs to distribute and three counts of possession of Class C drugs to distribute.

The stop of the car was also occasioned by the driver’s alleged failure to stop at a stop sign, winning her an additional criminal charge.

Meanwhile, in Plainville, Massachusetts, thirteen youths, all under 21 years old, (hereinafter, “Defendants 2”) were having their weekend ruined. They were arrested at a party with underaged drinking Friday night, police said.

Continue reading "Arrests Made During Investigations Concerning Juvenile Alcohol And Drug Traffic North And South Of Boston" »

November 7, 2008

South And North Of Boston Tales Of Drunk Driving And Providing Alcohol To Minors Come Home To Roost

Massachusetts just voted to change the way we handle the prosecution of possessing a small amount of marihuana. Meanwhile, alcohol still seems to be getting its share of publicity as well.

Two recent stories bring the subject of alcohol home.

No, literally….home.

For example, at approximately 4:30 a.m. this past Saturday morning, Park Street in Stoughton was the scene of a lot of excitement; a car crashed into one of its houses, causing a fire that is now said to have made the house structurally unsafe.

Donald M., 22 (hereinafter, “Defendant 1”) is said to have driven into the uninhabited home, police said, and charged with operating under the influence of liquor, operating a motor vehicle negligently so as to endanger and marked lanes violation.

Fortunately, the home had already been uninhabited.

“Why?”, you ask.

“Because a similar thing happened last year”, I answer. That’s right, the house had already sustained serious damage, including a gaping hole to its foundation, caused by a similar accident last year. Defendant 1’s accident simply added another gaping hole. And caused a fire. And pushed the safety of the structure over the edge of soundness.

Continue reading "South And North Of Boston Tales Of Drunk Driving And Providing Alcohol To Minors Come Home To Roost" »

November 6, 2008

Breaking And Entering And Maybe Drugs Lead To Murder Charges Plus One In Massachusetts

This one isn’t so funny. It involves the type of tragedy that happens all the time, particularly in urban areas. Of course, this one has a couple of twists.

This wasn’t the big city…it was Winchester, Massachusetts. In a peaceful dead-end street lined with single and multifamily houses where residents have lived for generations. Chris and Bryan Barbaro were two brothers living on the same street where they were raised. The same street where their parents and sister still live.

Now, they are both dead.

In October, 2007, Wally S., 30 (hereinafter, the “Defendant”) allegedly kicked in the door and forced his way into the Barbaros' three-family home and shot 48-year-old Bryan Barbaro in the chest, a wound he survived after being rushed to Massachusetts General Hospital. Brother Chris was shot in the forehead and died at that time.

Despite being wounded, Bryan Barbaro was able to call 911 and report that both he and his brother had been shot, officials said.

Although Assistant District Attorney Nathaniel Yeager told the court that 50-year-old Chris Barbaro was killed by the gunshot to the forehead, the Defendant was not immediately charged with the murder.

Continue reading "Breaking And Entering And Maybe Drugs Lead To Murder Charges Plus One In Massachusetts" »

November 3, 2008

Boston Narcotics Detective Drunk, Assaultive And Indicted Outside The Commonwealth.

Well, it just goes to show you…nobody is immune to the criminal justice virus.

Ask most members of law enforcement, and they will tell you that there is a big difference between “us” and “them”, referring to themselves and the “perps” they go after on a daily basis. The difference? Well, that “we” are the good guys and “they” are the bad guys, of course.

Hm. Somebody apparently forgot to mention this to Boston police detective Sgt. Thomas J. (hereinafter, the “Defendant”). He is alleged to have gotten a bit confused about this difference back in March during a trip out of town. In fact, it was in Savannah, Georgia, where he was celebrating St. Patrick’s Day. His actions during that vacation have now earned him an even longer respite from work now that he has been suspended without pay from the force. The suspension came when the eight-count indictment was handed down last week. Before that, the highly respected drug detective had simply been on paid leave from the department since March 15th.

Savannah police say that the Defendant followed a group of women back to their home and pounded on the door, saying he was a police officer and demanding they open up. He then attempted to force his way inside and struggled with one of the women at the door, police said.

He soon overpowered the women and pulled them outside, where he forced them to the sidewalk but made no further demands, police said. Instead, he fled. However, that course of action apparently works as well in Georgia as it does in Massachusetts. The Savannah police caught him.

According to the indictment, he then resisted arrest. Yes, same result as when it happens in the Commonwealth.

Continue reading "Boston Narcotics Detective Drunk, Assaultive And Indicted Outside The Commonwealth. " »

October 28, 2008

Massachusetts Police Find Guns, Drugs And Explosives In Pre-Halloween Visit

We continue our Halloween-themed week of daily blogs, which will culminate with Friday’s subject of today’s witch-trials, with a frightening tale of unwanted visitors, illegal treats, and a resulting trick.

It was last Thursday night in Chicopee, Massachusetts. Approximately 8:30 pm. One week and a day before Halloween night. 22-year-old David W (hereinafter, the “Defendant”) was spending what he believed would be a quiet night in his home. Alone. His alleged treats surrounded him in his happy little piece of heaven as he settled in for the evening.

Outside, it was a calm night. Very little wind. Temperatures in the 30’s.

And then it happened.

The calm, both inside and out, became thing of the past.

One week later, it might have been various masked monsters who descended upon the house. Not tonight, though. Not ghosts, witches or goblins, either. Tonight, the most feared intruders of all for the Defendant…The Police

Continue reading "Massachusetts Police Find Guns, Drugs And Explosives In Pre-Halloween Visit" »

October 23, 2008

Massachusetts Criminal Attorney Defeats Drugs And Gun Prosecution

“Why?”, you demand. I can hear you through the computer screen. Each day for about a month and a half, I have posted this daily blog suggesting that, if you find yourself on the nasty end of an investigation or criminal charge, you should consult an experienced defense lawyer as soon as possible.

“Lawyers are expensive”, you tell your computer. “I’m pretty bright…I bet I can talk my own way out of such problems. Besides, I don’t think I did anything wrong…much.” Perhaps you are the more action-oriented type who has already planned out your escape route and how best to out-drive, out-run or out-fight the police officers who might approach you at an…awkward moment.

“Besides”, you say, “I don’t like lawyers”.

Well, who does? But that’s not the point.

Ok, after many blogs about what not to do…let’s look at a case that shows how having a lawyer involved might actually help.

Kenny M., 30, of Lynn, (hereinafter, the “Defendant”) had a case pending in Salem Superior Court. He had been indicted on charges involving the trafficking and possession of drugs and guns…a frequent coupling that tends to make people nervous. He was arrested this past April.

This past Monday, the case had to be dismissed.

Continue reading "Massachusetts Criminal Attorney Defeats Drugs And Gun Prosecution" »

October 15, 2008

Massachusetts Official Is Arrested On Drug Bust

This week’s winner of the “Person Least Likely To Change His Name To ‘Defendant’ “ has been awarded to an associate member of the Hanover planning board. According to the police, his own, outside, planning board planned to violated certain laws. Drug laws. Serious drug laws.

Christopher G., 29, of Hanover, Massachusetts (hereinafter, the “Defendant”) was among five people arrested in what police are calling a major marijuana distribution ring. Police said an informal drug task force of South Shore police departments seized more than $80,000 worth of marijuana in the arrests.

Police said the Defendant is believed to be a major distributor of marijuana on the South Shore. Marshfield Police said they searched him and his Toyota 4-Runner in Pembroke on Sunday morning and seized about three pounds of marijuana. Then they searched his home. They found about 22 pounds of marijuana, and $3,000 cash, they said. Police also searched the other alleged co-conspirators and recovered about three pounds of marijuana and $11,000 cash.

Pembroke police charged the Defendant with distribution of marijuana, possession with intent to distribute marijuana, possession of marijuana and conspiracy to violate drug laws.

The Marshfield Police Department said police sought court-authorized search warrants for the vehicles and homes involved in this case during the investigation.

Continue reading "Massachusetts Official Is Arrested On Drug Bust" »

October 13, 2008

Massachusetts Trespassers, Thieves And Adventurers Face variety Of Criminal Charges West and South Of Boston

Today is Columbus Day. As we honor the adventurer who is celebrated as the man who discovered America (although other people were already living here at the time), I think it appropriate that we recognize other valiant efforts at similar discoveries. However, being that this is a daily Criminal Law blog, we unfortunately have to focus on a few not-so successful voyages.

It turns out to be easy, though; last week was not a particularly good week for voyagers to the other side of the law, especially south and west of Boston.

Let’s turn first to Tuesday in Warren, Massachusetts, where the police believe they have linked a suspect to three recent break-ins. This gentleman, Matthew W., 24, (hereinafter, “Defendant 1”), was captured thanks to his alleged intended victim – a 78-year-old woman who confronted him in her bedroom and chased him out the window.

Defendant 1 is currently being held at the Hampshire County House of Correction in Northampton, awaiting trial on charges out of Ware. Tuesday, he was arraigned at Western Worcester District Court in East Brookfield on nine counts related to three break-ins.

According to court documents, the intended not-so-helpless victim was inside her apartment in West Warren about 9:30 a.m. when she heard a voice yelling “Hello, Hello,” outside her bedroom window. She went to the window and saw a young man, who asked if she’d like him to mow her lawn. She declined and he asked her if she got out much.

Continue reading "Massachusetts Trespassers, Thieves And Adventurers Face variety Of Criminal Charges West and South Of Boston" »

October 12, 2008

Four Framingham Teens Arrested for Smoking Marijuana

In Massachusetts, four teenagers from Framingham High School were arrested on Monday after they were caught smoking marijuana behind the school. The teens are four boys, ages 14, 16, and two 15-year-olds. They were charged with marijuana possession and released to their parents custody.

According to the school official that discovered the boys while they were smoking pot, one of the teens was carrying a small bag of marijuana, as well as a pipe for smoking the drug. The teen said that he found the marijuana.

If your son or daughter has been arrested for a crime in Massachusetts, it is important that you retain the services of an experienced Boston criminal defense attorney that can protect your child's rights while providing the best defense. Your Massachusetts juvenile crimes attorney can take all the necessary steps to make sure that your son or daughter is charged as a juvenile and not as an adult.

Marijuana Possession in Massachusetts
In Massachusetts, possession of marijuana is considered a misdemeanor crime and punishable by up to six months in jail and a $500 fine. Probation is an option—depending on whether this is your first or a subsequent offense. The sale or cultivation of marijuana is considered a felony crime, and time in prison and fines may vary depending on how much marijuana is involved and other circumstances related to the arrest.

However, on election day, Massachusetts voters will be asked to vote on a proposed law that would decriminalize marijuana possession of one ounce or less. For offenders older than 18, new penalties would include a $100 civil fine and the forfeiture of marijuana. For offenders younger than 18, a parent or legal guardian would be informed of the offense, and the offender would be given the opportunity to take part in a drug awareness program. If an underage offender did not complete the program, the find would be raised to $1,000.

Proposal would make marijuana possession a matter of $100 fine, SouthCoastToday.com, October 9, 2008


Related Web Resources:

Framingnham High School Students face marijuana charges, The Metrowest Daily, October 8, 2008

DA speaks out against marijuana decriminalization, The Daily News Tribune, October 8, 2008

2008 Information For Voters: Possession of Marijuana, Elections Division

Continue reading "Four Framingham Teens Arrested for Smoking Marijuana" »

October 7, 2008

Outstanding Warrants Come Back To Haunt Massachusetts Resident

William Shakespeare once told us that a rose by any other name would smell as sweet. His point was “What’s in a name?” A gentleman from Chicopee, Massachusetts, apparently agrees with him. In Chicopee, he is known as Felix Maldonado. In Waterbury, Connecticut, however, he was known as Alfredo “Eddie” Gonzalez. But to us, as well as the criminal justice system, he is now known as the Defendant.

The Defendant, 43, is currently being held without bail in Connecticut, courtesy of the Commonwealth of Massachusetts, where his various identities were finally meshed. He was returned to Connecticut in August to face 18 outstanding arrest warrants dating back to 1995 and 1996.

He had been alluding authorities for years by moving around and using a variety of aliases and birth dates, police said. After all, what good is a new identity without a new birthdate to go along with it?

The Defendant had a real talent in the fine art of escape. At one time, police said, he escaped from the rear of a state police cruiser on Interstate 84 after being stopped for a New Jersey drug charge. In Connecticut, he was known for running a major "chop shop" for stolen automobiles in the 1990s.

The last known Chicopee address for the Defendant was on Plante Circle, although it is not known how long he lived there…how long he may have lived in Chicopee…or where else he may have lived. While he was bouncing around from locale to locale, Connecticut State Police Sgt. Robert Kenney, the former supervisor of the region's auto theft task force, is said to have been diligently investigating the case

"Information obtained as a result of Sgt. Kenney and his team helped us locate the accused. Certainly, he was able to elude capture and certainly, we made all law enforcement agencies know we had active arrest warrants for him and we were looking forward to when he surfaced and he did exactly just that," said Connecticut State Police spokesman Lt. J. Paul Vance.

Vance explained that the Defendant’s elusiveness stemmed, as in other cases, from the use of aliases and other false information. "Certainly, this was great police work and he faces several felony violations which could be punishable by significant incarceration. These are serious felony charges," said Vance.

Some of the charges are larceny, operating a chop shop, abandoning a vehicle and changing a vehicle identification number. Authorities also noted that he was adept at sharing his wealth of “catch me if you can” talents and hiding the identity of various cars.

Chicopee District Court officials said the Defendant has been in the courts for motor vehicle and related offenses, assault in a dwelling while armed with a firearm and witness intimidation this year.

He has served time in the Hampden County Correctional Institution in Ludlow and is on probation in Massachusetts through June. Unfortunately, defaulting and hiding from the Commonwealth is generally a violation of probation. Doing it across state lines can also trigger federal charges.

Stay tuned, I guess, for more states, names and birthdates as word of this catch me kid circulates across the country.

Sam’s take:

They say you can’t escape your own past; that is true in the criminal justice system. Many people believe if they put some effort into it, they can hide from pending criminal charges and the authorities will forget about them. It does not work that way.

If you do not show up for a court date, the court does not take a “Well, if he doesn’t care; I don’t care” approach. The court orders a default warrant. It is a warrant for your arrest because you defaulted…in other words, you did not show up. In civil cases, a default means you have lost your case. That is generally not how it works in the criminal justice system. Except in some cases involving trials, it means that the case is on hold and they are looking for you. When you are found, you will be brought back to face the charges, only now you will probably be awaiting your trial behind bars because you have shown yourself to be a flight risk. Not only that, but most likely whatever bail you or a loved one had posted will have been forfeited because you did not show up.

Over my many years in the trenches, I have heard many excuses for not showing up in court. They vary in complexity:

“I lost the piece of paper”

“I forgot”

“The court told me I did not have to come back”

“My lawyer told me I did not have to come back”

“The court officer told me I did not have to come back”

“I was busy”

“I was on my way, but I was late because I had to drop my daughter off at school. Then I had a panic attack. Afraid I might have a heart attack, I checked into a hospital. When I was released from the hospital, I was going to come to the court, but wanted to get a sandwich first. After eating it, I felt nauseous, so I went home to lay down. I must have had food poisoning because I slept for three days. By the time I woke up…I forgot about the case.”

Ok, I admit that last one is a combination of a few excuses I have heard. And I know that sometimes something unexpected comes up. But, as far as the court is concerned, there is nothing, short of emergency hospitalization, that is more important than your showing up in court. In the case of such hospitalization, you had best show up in court at the first possible moment with some kind of proof as soon as you get out of the hospital.

If you are currently hiding from a default warrant…stop. Each day that goes by worsens your situation. Returning to court on your own is often treated differently, and more favorably, than being brought in against your will. Be sure, however, that being caught is inevitable. It may be because you were stopped for speeding, renewing your driver’s license, applying for a new job, going to pick up a check, or one of a myriad of other typical daily experiences.

The thing to do is to contact an experienced attorney as soon as possible and make arrangements to make your return to court with as little a risk as possible. Each day you wait, the risks rise.

The bottom line? You can run, but you cannot hide…for too long.


the full article of this story can be found at
http://www.masslive.com/news/index.ssf/2008/10/fugitive_felix_maldonado_also.html?category=Chicopee+category=Crime

September 23, 2008

Sex For Money For Drugs Drama Has Its Final Act This Friday In Springfield, Massachusetts

Last Wednesday, a Hampden Superior Court jury returned with a verdict in a case of alleged unarmed robbery of a person 60 years old or older.

The cast of this particular drama included two defendants. They were Aretha Hallums, 40, and Donald Alford, 55. Cast in the role of victim was the elder Edward Foster, formerly of Springfield. The scene of the facts at issue was outside the Bay Street Social Club at Bay and Catherine streets, apparently an unlicensed bar.

Particularly helpful for the jury, I would imagine, was that both defendants testified in their own behalf…each contradicting the other.

Defense counsel set the stage during her opening statement, explaining that the jury would hear a case of "sex for money for drugs that went awry"
.
Mr. Foster testified that he went to the Bay Street Social Club, which he called a place to dance, socialize and drink, in on one particular November afternoon. "It wasn't a fancy place”, he explained. “It's kind of run down. It turns out, by the way, that it was also unlicensed.

Mr. Foster went on to describe how the club let him purchase drinks on a tab and "when your check comes you pay what you owe for the month." However, this simple happy scene changed. An afternoon of drinking and socializing turned to a beating when he was beaten and robbed when he went outside at Ms. Hallums' request. He identified Ms. Hallums and Mr. Alford as the robbers to police.

Ms. Hallums testified that she knew Foster and he had paid her for sex on a number of previous occasions. "Mr. Foster used to be my trick. ... I used the money to get high," she said. She further told the jury that Foster himself wanted crack and that he and Alford pooled their money, totaling $20, and the three of them went onto Catherine Street where they bought crack. She testified that after they smoked the crack, Alford demanded money from Foster, and then punched Foster repeatedly. On cross examination, she also admitted that she had been convicted previously of distribution of cocaine.

When it became his turn at bat, Mr. Alford testified that Foster asked him what he needed to do to get sex from Hallums and he told him to get crack. He said that after he divided the crack between himself, Foster and Hallums they separated. He said Foster and Hallums went to a back hallway and he thought they went to have sex.

He said he went back and saw Foster grabbing Hallums shirt, so, being the gentleman that he is, he grabbed Foster. He claimed that Foster then hit him. He simply hit Foster back and left.

The jury did not go for either defense scenario, however. After several hours of deliberation, they found Ms. Hallums and Mr. Alford guilty of assaulting Mr. Foster. They did, however, acquit Ms. Hallums on a second charge, assault and battery with a dangerous weapon… her cane.

Sentencing for the two is set for this Friday

Sam’s take:

This is not the typical age group for such money-sex-crack triangles. However, if you are looking for…let’s call it “love”…an unlicensed drinking establishment where you do not even have to pay for your drinks until the end of the month is probably not the best of places…especially if you are going to “step outside” with strange women who have a drug history, to buy crack. Many people come to that realization by the time they obtain the age of 60 years. Perhaps the unlikely descriptions are what brought the jury to its decision that Mr. Foster’s version was the more believable.

That is not what today’s blog is about, however. I was not there. I do not know. I do, however, know jury trials and how they work…or don’t work. So, that is what today’s missive is about – specifically your right to testify at your trial.

Many criminal defendants insist on testifying on their own behalf at trial. It is, of course, their right to choose to either testify or not to testify. Sometimes, it is simply the need to express their “side of the story”. Other times it is a fear that the jury will hold it against them if they do not testify.

The decision, however, needs to be made soberly and with an experienced trial attorney. There have been many cases in which defeat is clutched out of the jaws of victory by a defendant’s testimony. If the jury does not like you when you testify, or they decide you are not being entirely truthful with them, it will hurt you. I have seen this occur even in cases in which the jurors were ready to acquit because they did not believe the defendant had been proven guilty beyond a reasonable doubt…until he/she testified.

True, a jury will be told by the judge that it is the Commonwealth’s burden to prove the defendant guilty and that the burden does not shift. However, a defendant who testifies puts his/her own credibility on the line. If the jury detects falsehood they tend to ask themselves why the need for that falsehood. As I have written previously, it is the perception of the evidence that sways juries. If their perception is that they do not like the defendant because the defendant has lied to them, that defendant is likely to feel the sting of that dislike by way of guilty verdict.

A jury is also told by the judge that the defendant has a Constitutional right not to testify and that they cannot hold it against him/her. While in some cases it does make a difference if the jury does not hear from the defendant, I find that jurors usually are able to follow the judge’s admonition not to consider a defendant’s lack of testimony.

If you decide to testify on your own behalf at your trial…you had better know what you are doing and the risks involved.

When I was a prosecutor in Brooklyn, New York, in the 1980’s, I would love it when defendants would testify and contradict each other. It made my job easier. When defendants point the finger of blame at each other, the jury is usually happy to agree with both of them…and put them both away.

The full article of this story can be found at
http://www.masslive.com/springfield/republican/index.ssf?/base/news-16/122172218362420.xml&coll=1

September 18, 2008

Haverhill, Massachusetts, Police Officers Get Lucky At Prostitution Bust And Turn To Drug War

Last night, all major crimes of the area having apparently been prevented or solved, Haverhill police officers set their sights on their admittedly decreasing prostitution concern. It was said to be a lucky break in their war against drugs.

They ended up arresting a “major cocaine dealer” who had a drug sales ledger containing the names of "prominent'' Haverhill residents. The ledger, according to the police, will kick off an investigation that could lead to a series of arrests.

Christos Eleftheriou, 45, of Haverhill, was arrested at 8:11 p.m. after he propositioned a woman police officer for sex during the prostitution sting, said police spokesman Sgt. John Arahovites. He was charged with sexual conduct for a fee and brought to the police station, where police found 16 grams of powdered cocaine in five bags on him with a street value of $16,200, along with $340 in cash, Sgt. Arahovites said.

The officers then got a search warrant for Eleftheriou's vehicle, a Ford Explorer, and found drug scales, $2,800 in cash and the ledger containing the names of several people. "Given the evidence seized, it appears he is a major cocaine dealer in Haverhill,'' Sgt. Arahovites said. "There were the names of several prominent people in the ledger.'' According to Sgt. Arahovites, the new information will widen their investigation beyond Eleftheriou, and that other arrests are possible.

Eleftherious’s reward was additional charges involving trafficking in cocaine and is scheduled to be arraigned today in Haverhill District Court.

Sgt. Arahovites said Eleftheriou is well known in Haverhill, and that he and his family own and operate the Haverhill House of Pizza sandwich shop in Riversedge Plaza next to Haverhill Stadium. He went on to explain that the arrest linking Eleftheriou to drug sales was "very lucky'' because it came as police conducted a relatively routine prostitution sting using plain clothes women officers.

"Even though the incidents of prostitution are down, we want to keep it down,'' Sgt. Arahovites said of why police do the stings several times a year. He said the department conducts stings about four times a year and they have been successful in keeping down the number of prostitutes working the streets of Haverhill and the number of men who are looking to pay for sex.

Apparently eager to give the specific location of this scourge on the public streets, he explained that last night's sting started just after dark in the inner-city area of Winter, Portland, Welcome and Cottage streets where prostitutes have been known to work. The area is at the edge of the Acre neighborhood and just north of downtown. The stings usually begin with police getting real prostitutes off the street. Then, the competition having been removed, having women officers in plain clothes walk the area. When men drive up and proposition the women officers for sex, they are arrested, he said.

Sgt. Arahovites said the sting was run by police Captain Alan Ratte, two women officers and six undercover detectives

Sam’s take:http://www.altmanllp.com/lawyer-attorney-1322578.html

Trying very hard to sidestep a multitude of comments about the officers getting “lucky” going after what has been said to be the world’s “oldest profession”, I will steer my comments to the misadventures of Christos Eleftheriou. As one would imagine, his problems have now increased well beyond anyone in adult entertainment can help him with.

First of all, the man now becomes a human footnote in my long-standing argument in these daily blogs suggesting that it is best not to take a bad situation and make it much, much worse. Obviously, there are certain risks involved in approaching street level prostitutes. For example, you may run into the police in a less than pleasant manner. Might I suggest that if you are going to so engage, you might not want to bring thousands of dollars in cash, drugs, drug paraphernalia and your drug-related paperwork with you? In fact, any paperwork reflecting any illegal activity is far from wise. Finally, if you are “well known” in the area, these bad ideas are even worse.

The unfortunate Mr. Eleftherious is now caught in the web of criminal justice and I would wager that he is being given the opportunity to decide which role he wishes to take. One option is that he can simply be satisfied with playing the role of defendant and sit back watching the arrests roll in from investigations inspired by his ledger. This particular show will have a certain amount of suspense for him, waiting for the climax, which will be the forming of a conspiracy prosecution linking the new arrestees with him in which he will be charged with everything everyone else did in furtherance of the conspiracy.

Mr. Eleftherious will be given another option, however, if he has not already been so offered. He will be given an invitation to join the prosecution in its quest and assist them in building and prosecuting their case(s). This helpful hand of prosecution will bring its own risks of a more obvious kind.

You know, it might have been easier (and cheaper) to simply call an escort service…!

By the way, is there anyone else out there curious about the fact that upon coincidently happening upon the “well known” Mr. Eleftherious walking around with over $16,000 in drugs and money on his person, that the officers suddenly knew to seek a search warrant for only his car and not his home?

I know, I’m too suspicious. Been in the trenches for too long.

The full article of this story can be found at
http://www.eagletribune.com/punewshh/local_story_262012349.html?keyword=topstory

September 17, 2008

Arrest Warrant Inspires Massachusetts Driver To Make As Many Mistakes As Possible During Traffic Stop

Some people have not been taking this blog to heart and so apparently did not believe that it was not good to take a bad situation with law enforcement and make it worse. Now, 19-year-old Falmouth resident, Tevis Yarmala, faces multiple charges after he allegedly struck and tried to stab a Falmouth police officer in the face with a stick during a traffic stop last week.

Mr. Yarmala is alleged to have run a red light. First strike. Observing this, Patrolman Christopher Bartolomei , according to police reports, pulled the vehicle over. Mr. Yarmala is said to have greeted the officer by name. Second strike. When the patrolman “detected” the odor of burnt marijuana and asked about it, Mr. Yarmala admitted to smoking marijuana at a friend's house. Third strike.

In this particular game…not out yet.

Mr. Yarmala was then ordered out of the car. His response was apparently to strike Officer Bartolomei in the head with his elbow when Officer Bartolomei attempted to remove a plastic bag containing marijuana from Mr. Yarmala's pocket. A struggle ensued in which Mr. Yarmala is said to have made "moans and groans as if he were possessed."

Strike out.

A passing motorist came to the officer’s assistance and the two were able to subdue Yarmala sufficiently so that he could be handcuffed with his hands in front of him. Mr. Yarmala, who was not ready to give up the game, is reported to have reached above his head, grab a four inch stick and attempt to stab Officer Bartolomei in the face. When additional police arrived, the Commonwealth’s newest guest was handcuffed with his hands behind his back and shackled. Ever the optimist, he continued to put up a struggle.

But it was “game over”.

During the fight, Mr. Yarmala was apparently able to successfully grab the bag, rip it and scatter some of the contents on the grass. A portion of the marijuana that had been scattered was recovered. It, along with portion still in the bag, totaled 60 grams.


Officer Bartolomei injured his knee during the fight when he crashed through a stone wall. He was treated at Falmouth Hospital and told that he may have sustained ligament damage.


Mr. Yarmala, aka Defendant, was charged with possession of a class D substance, possession of a class D substance with intent to distribute, violating drug laws near school or park, assault and battery on a police officer, assault with a dangerous weapon, disorderly conduct and several traffic violations. An arrest warrant had already been in force at the time of his arrest, the result of an OUI and leaving the scene of an accident on August 28th.


Sam’s take:

Well, at least Mr. Yarmala had more to be afraid of than simply getting a traffic ticket given the outstanding arrest warrant. However, as discussed in earlier blogs, all he accomplished was to make a bad situation infinitely worse. The fact is, even if there is a warrant out for your arrest, engaging the officer in a struggle is going to make your plight much, much worse. And, by the way, if you are in mid-struggle with the solo police officer…when a bunch of his fellow officers show up…your chances at success do not increase, they decrease. And when you are cuffed and shackled? It is a strong sign that you are probably not going to win the struggle. As they say in “Star Trek”, “Resistance is futile”.

Actually, Mr. Yarmala’s mistakes began long before last week. First of all, leaving the scene of an accident in which there was damage is a crime in itself and is seldom successful. He apparently was aware that there was an arrest warrant out for him. I cannot tell you how often I meet a client who was aware they had such a warrant, but thought they could somehow outlive it without having to answer to it. These meetings often take place in jail, by the way. So far, at least in my more than twenty years of experience in the Criminal Justice Trenches, this has not been a gamble that pays off. Things get much worse if you do not address the warrant yourself voluntarily before the good folks in blue show up at your door. So, if there is a warrant out for your arrest, deal with it before it catches up with you.

It was a mistake for “You Can’t Catch Me” Yarmala to go through the red light or to drive after smoking marihuana . Those are really so obvious they are barely worth mentioning. So, let’s go to the next stop (no pun intended). Especially if you are driving around with an arrest warrant dangling over your head, the wiser course is to not have some leftover drugs in your pocket. If pulled over under these circumstances, it is not the best of judgment to be a wise-guy and happily greet the officer by name. And if you found these things to difficult to follow…you really do not want to answer happy little questions like if you had been smoking marihuana. There is that whole right to remain silent and get a lawyer thing, remember?

And then there is that attacking of the police officers problem. Bad idea. You will not win. The only rewards you can hope for are more charges and greater injuries.

By the way, assuming he was not merely trying to fit in some planting, Slugger Yarmala’s attempts to sprinkle out the marihuana was really a fool’s errand. First of all, as discussed in earlier blogs, the drugs do not have to be found physically on you for you to be successfully prosecuted for them. Even if they did, if they had already been observed in your pocket, dumping them in front of the officer does not usually change history.

So, let’s review the lessons of today’s daily blog:

1. If you have an accident causing property or physical damage, do not simply leave;
2. If there is a warrant out for your arrest, get an attorney and deal with it immediately, if not sooner;
3. Do not drive stoned or drunk and do not carry your stash around with you while out for a drive;
4. Do not engage the officer who stops you in clever repartee like calling him or her by name or telling them that you just smoked pot. Answer the questions you have to answer (as in give your license and registration) and wait for a lawyer to assist you;
5. Do not attack, fight, struggle with, try to kill, attempt to outrun, drive over, stab, dump drugs in front of, or even argue with the officer. Do what you are told and minimize damage; and finally,
6. Read this daily blog and take its lessons to heart!

The full article of this story can be found at :
http://www.wickedlocal.com/falmouth/archive/x332631811/Falmouth-traffic-stop-results-in-scuffle-multiple-charges

September 11, 2008

Drug Busts Make This A Bad Week For Marihuana and Heroin Trade South and West Of Boston

It has been a bad week so far for Massachusetts drug conspiracies. First, members of a joint Anti-Crime Task force confiscated 500 pounds of marijuana and more than $180,000 in cash from a weekend drug bust in Swansea, Massachusetts. The marijuana alone has a street value of more than $600,000. Then, in Holyoke, an Easthampton man and four Holyoke men were arrested Tuesday on charges including possession of heroin and possession of a loaded firearm.

After a month long investigation and 24-hour surveillance, John C. Mendonca, 38, of Fall River, who had been living at an East Providence hotel, was pulled over Saturday by an East Providence police officer. A search of his vehicle found prescription drugs, several cell phones and a box containing a large amount of cash. Search warrants were taken out for four of Mendonca’s known haunts, including two locations in East Providence and two in Fall River. The searches revealed a 2001 Dodge Caravan with 500 pounds of marijuana, a money counting machine believed to be tied to Mendonca’s alleged drug operation, 10 cell phones and a potpourri of additional drugs.

Mendonca is currently on federal probation from a 2002 drug bust. Swansea Deputy Police Chief Robert Furtado said police believe there were two men involved in Mendonca’s drug operation, but no one else has been charged. Furtado said because Mendonca was on federal probation, federal marijuana trafficking charges are being sought. Furtado also said that this was the biggest drug bust he said he has seen in more than three decades on the force .

Meanwhile, Holyoke law enforcement arrested Timothy Lipski, 21, of Easthampton and Manuel Quinones, 38, Alexander Sanabria, 32, Joseph Cartagena, 20 and Alejandro Ortiz Gonzalez, 24 all of Holyoke on Tuesday afternoon. The arrests were accompanied by the discovery of 132 bags of heroin with a street value of $1,320, $1,402 in cash, two guns with live ammunition, drug packing materials, and a small amount of marijuana.

Lipski, Sanabria and Ortiz Gonzalez are charged with possession of heroin. Sanabria is also charged with possession with intent to distribute heroin near a school zone or public park. Quinones is charged with possession to distribute heroin near a school zone or public park. Cartagena is charged with possession with intent to distribute heroin near a school zone or public park as well as two charges of possession of a loaded firearm and ammunition without proper identification.

Holyoke Police Chief Anthony R. Scott said the department had been conducting an investigation on the five men since August. Complaining that the bail set was too low, Scott said, "It is a shame that arrestee Timothy Lipski with his 11 rides on the Hampden County merry-go-round of justice was released after paying his bail of $100 plus his $20 Clerk Magistrate fee," Scott said. "Bail on the individual who was in illegal possession of the two firearms was set only at $5,000." He went on with, "These individuals have ridden on the Hampden County merry-go-round of justice for over fifty times and they are still walking the streets of our community while dealing in death and destruction," and finally ended with " Are the police and the assistant district attorneys the only individuals within our criminal justice system who care about the community?"

SAM’S TAKE:
Police Chief Scott’s plea to the heavens reveals something important about the different perspectives of the criminal justice system. As far as the police and prosecutors are concerned, all these defendants are guilty of all crimes charged and probably many more that are not charged. In fact, this was most likely the case early on in each investigation before they even made the arrests. However, the United States Constitution and the Massachusetts Declaration of Rights talk about inconvenient things like the presumption of innocence. To law enforcement, such “legalisms” are merely hindrances (until they, themselves find themselves investigated or charged) to their holy war against evil. To the rest of us, however, it is the necessary backbone of what calls itself a fair justice system.

We do not know all the facts and circumstances behind the charges. The chief purpose of bail is to ensure that the defendants appear in court while their innocence or guilt is being determined. If, indeed, these defendants have been on the “merry-go-round” that so upsets Chief Scott, their records should reflect whether they have a history of showing up in court to face charges. While I would not be so quick to call the bail imposed “chump change”, the fact that it is not higher, or that the defendants are not being held without bail, probably indicates that they were not on probation, did not have a bad record or even, dare I say it, there could be something wrong something wrong with the charges?

Ahh, if only the chief’s defendants could be more like Mendonca of Fall River! Mendonca had the good grace to be on probation and so is being held.

And this comparison is the main part of the today’s daily lesson.

The backdrop is clear…while we may talk about the presumption of innocence, law enforcement really does not subscribe to that particular formality. It is therefore unlikely that , if arrested, you are wise to try to “cooperate” unrepresented and rely on promises of “going easy” on you. Once you walk into that courtroom and deal with the issue of bail, the issues are going to be your history and whether you are likely to show up in court (other than in matters which involve dangerousness). Whether you tend to show up or are on probation will be what most likely dictates the bail imposed. I cannot tell you how many clients I have had simply shrug when asked about their record of defaults, advising me, “Oh, that’s ok. I cleared up that one a few months later”. It is the existence, not the circumstances or later cure of the default that causes a hike in bail. Bottom line: show up or you will be paying for it in the future.

Which brings us to the sentence of probation or its cousin, parole. Many people, including defense attorneys without much experience, seem to feel that getting probation as a sentence is a gift. Sometimes it is. Sometimes it is not. The fact is that if you are on probation and you are arrested (even if that arrest turns out to lead to a dismissal or acquittal), you are likely to be held on the new arrest without bail and held in violation of probation. The violation is the arrest itself. The court usually does not wait to see what happens with the new case to decide whether your probation violation will land you behind bars. In most cases, you will be found in violation long before you even get near trial in the new matter and likely held without bail on the probation surrender…or simply sent to jail to serve the sentence which you avoided by getting on probation.

These are all intricacies of the system that can change your life and make the difference between freedom and incarceration. If you feel you are being investigated, or have been approached with either questions or the bracelets of shame by law enforcement, you need an attorney with experience who can guide you through and increase your chances of freedom through all these issues.


The full articles of this story can be found at
http://www.masslive.com/news/index.ssf/2008/09/five_men_arrested_in_holyoke_d.html and
http://www.heraldnews.com/police_and_fire/x348018887/Police-seize-500-pounds-of-marijuana?view=print

September 8, 2008

A Salem, Massachusetts, A Teenage Life Is Forever Altered By Drug Charges

This week, we start our daily blog with an eye toward the north shore, where, according to the Salem News, last fall, Christopher Al-Nabulsi was a star at Salem High School. At 17, he was captain of the football and lacrosse teams, played basketball and was a peer mentor. And then he made a mistake which many assume would simply get him a “slap on the wrist”.

It Didn’t.

In December, a 15-year-old schoolmate paid Christopher $15 for a bag of marijuana. She then informed the school officials of the transaction. They confronted him and he confessed. They then searched his backpack and found three more packets of marijuana. He was arrested and expelled from school. He was also charged with two counts of possession with intent to distribute in a school zone, each bringing a 2 year mandatory jail sentence (apart from the other charges which Christopher also faced).

Last week, Christopher, who had no prior record, pleaded guilty in Salem District Court to charges of possessing marijuana with the intent to distribute and received a suspended 2 ½ -year jail sentence and two years of probation. Violating any condition of his probation, including an order that he stay away from Salem High School, would result in facing the entire 2 ½ years in jail. Under Massachusetts law, such a violation is also caused by being accused of any additional criminal conduct. For example, if Christopher were to anger the wrong person or be at the wrong place/wrong time, the mere resulting arrest will be enough to send him to jail for the 2 ½ years…regardless of what happens down the road with the new charges. Despite being “presumed innocent” of these new charges, Christopher will await his day in court regarding them in jail.

According to Christopher’s attorney, The reason Christopher took the deal, was that the prosecutor agreed to drop the two school zone counts. He also said, "The entire school community has turned their back on him," For example, when Christopher’s former football coach wanted to write a letter of support for the teen, he was told by school officials that he could not do so. Christopher lost contact with former friends and teachers, especially since he will be violated on his probation should he go near the school.

“The school abandoned a 17-year-old boy," the lawyer said. "It's been devastating and will have ramifications for years to come."

Sam’s take:

Regardless of your level of sympathy for Christopher, this is a cautionary tale which debunks many misconceptions which are well worth noting, especially as we start the new school year.

Whatever your view about marihuana, the possession of it is illegal. Secondly, the sharing, giving or selling of it is “distribution” under Massachusetts law and is treated harshly, as with other drug cases. In this case, a 17 year old kid with a clean record faced up to four years in minimum mandatory sentences over and above the potential jail terms which he faced for the charges that had discretionary sentences. Let me put that in a less “lawyer-like” way. Had he exercised his Constitutional right to a trial, and was found guilty, the judge would have had no legal choice but to sentence him to at least four years in jail. After that four years (minimum), he would have had the pleasure of restarting his life…four years further into adulthood with a criminal record, the label “drug dealer” and a curtailed education.

Any drug case, no matter how much one argues it to be a kid’s “stupid mistake”, must be considered serious and potentially life-altering. The fact that youth brings with it a certain lack of judgment at times is a consideration that has long since left the halls of the Justice System. The same is true with any consideration for “manning up” and admitting to the crime as Christopher did. Unfortunately, such honesty, while perhaps good for the soul, is bad for the criminal record.

If you even suspect you may be facing drug charges, whatever your opinion about your chance of being convicted or that it is simply “no big deal”, it is best to get an experienced attorney at the earliest moment if you have any interest in improving your chances in the halls of justice.

Samuel Goldberg is the senior criminal defense attorney at the firm of Altman & Altman, P.C. A former prosecutor in New York, he has worked as a defense attorney in Boston over 18 years. He frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network

The full article of this story can be found at
http://www.salemnews.com/punews/local_story_249003857.html

September 4, 2008

North Of Boston, An Alleged Teenage Crimewave Faces Actual Jail

Yesterday’s Salem Daily News told the tale of Angelo Diiorio, age 18. The young man, had been ordered by the court to confine himself to his home while awaiting trial on charges of vehicular homicide and child rape. In fact, he was even ordered to wear an ankle bracelet. According to the police, however, this condition of release was a bit too difficult for Mr. Diiorio to follow as he was found behind a Danvers business attending a meeting (scheduled fight) with another youth this past Saturday night. The court remedied the youth’s impulsivity by making him a guest of the Commonwealth for 60 days.

According to law enforcement, the two teens were arrested at approximately 10 p.m. as they were in mid-conference (“swinging at each other”) regarding a desired acquisition (a girl). The meeting was forcibly adjourned with the resulting charges of disorderly conduct, trespassing, and possession of marijuana. For poor lovesick Diiorio, however, these charges were the least of his problems as the arrest resulted in the court’s revoking Diiorio's bail in his pending Salem rape case. Diiorio had been indicted last year on a charge of rape, which involved the alleged sexual assault on an 11-year-old girl during a Christmas Eve gathering in Danvers in 2006. Two weeks later, on January 5, 2007, Diiorio was allegedly at the wheel of a 2000 Mitsubishi Eclipse when he lost control on Route 1 in Revere and crashed, killing a 17-year-old girl in Peabody, for which he faces charges of vehicular homicide and negligent driving to endanger. Investigators say the crash was caused when Diiorio and another driver decided to race each other on the highway.

The respective prosecutors in these cases opined to the court that his latest arrest indicates Diiorio doesn't take court orders seriously.

The court granted the request of prosecutors, ordering Diiorio held without bail for 60 days for violating the terms of his release. His rival in romance, however, was released on personal recognizance.

Sam’s take:
There are a few lessons here, even for those of us without Diiorio’s problems with women and impulsivity. Obviously, the varied criminal accomplishments at a very young age speak for themselves…they are illegal and can land you in jail.

What may not be obvious, however, is the fact that the seriousness of the charges were not even necessary for the court to hold Diiorio without bail for 60 days. Under Massachusetts law, any new arrest of a criminal defendant with a case pending can result in that defendant’s being imprisoned for up to 60 days without bail. This is because inherent in any bail conditions (even if released without bail) is an understanding that there will be no cause for a new arrest during the pendency of the case.

Many feel this is unfair given the fact that it is so easy to get arrest these days, even if actually innocent. For example, I have handled many cases where I am convinced that the only thing my client did wrong was either being at the wrong place/wrong time or to anger someone sick enough to use the criminal justice system simply to get revenge or the upper hand in some dispute. The fact is that even though the new criminal charges may prove false, and later either dismissed or the basis for an acquittal, the defendant will still have been held in custody. So much for the presumption of innocence.

The purpose of bail is primarily to ensure that the accused will show up on all court dates. However, there is a “safe streets” concern which enters the equation, especially in the case of violent crime. Even without that concern, however, the reasoning underlying the prosecutor’s successful argument in this case is that if Diiorio does not respect the court’s rulings enough not to get arrested or break the home confinement, he is likely to disrespect the court enough to not bother even showing up.

Think of it as if being released on bail was like being on probation. In actuality, it is.

The bottom line is that if you have a criminal case pending, regardless of how weak or strong you think it is, be extremely careful what you do and where you do it. Most of all, follow any conditions that have been imposed by the court!

The full article of this story can be found at
http://www.salemnews.com/punews/local_story_246235120.html

September 3, 2008

Massachusetts State Police Recover Drug Stash After Car Chase And Violent Arrest

Last Thursday night, two gentlemen in Taunton learned that sometimes it is better to quietly accept a motor vehicle citation than to protest, flee and fight, thereby adding a few felony charges to the experience.

Enterprise News reports that just before 5 p.m. two state troopers spotted an early-model Infiniti G20 with a defective brake light and a sticker indicating that it had failed an inspection on Route 44. They activated their flashing lights and the driver, Brian Lacombe, 20, pulled into the parking lot of KFC restaurant on Route 44 and stopped. However, as the officers left their cruisers to approach on foot, Lacombe apparently had a change of heart and allegedly sped away heading east on Route 44.
And so the chase began.

During the chase, police said, they observed a plastic baggie — later retrieved and determined to contain a Class B drug — being tossed out of a window of the Infiniti into the road near Friendly’s Restaurant in Raynham.

The police chase continued and Lacombe, who reportedly drove through a red light at a busy intersection, made a hard U-turn across the highway island. He then pulled into the Chili’s parking lot, made another U-turn and headed west on Route 44 back into Taunton, racing through red lights in the process, police said. The chase almost ended at the intersection of Oak and Wales streets when Lacombe allegedly crashed into a 1999 Honda Civic driven by a pizza delivery driver, who police said was not injured. Not to be discouraged, Lacombe then made another U-turn. However, a block later, the damaged Infiniti pulled into the driveway of 79 Wales St. Police said Lacombe and his passenger, Julius Nettles, 23, jumped out and began to run away.
Nettles was reportedly quickly apprehended without incident, but Lacombe, ever the optimist, ran through several yards and jumped some fences in an attempt to evade capture. This part of the chase did not last as long, however, and he was apprehended at Oak Street and Hern Avenue, but not before engaging in “a brief but violent struggle” with officers, according to state police spokesman Trooper Thomas Murphy.

Lacombe was treated at the scene for minor injuries before being transported to state police barracks to be booked.

Lacombe was charged with possession with intent to distribute a Class B drug, possession of a Class D drug, failing to stop for police, reckless operation of a motor vehicle, driving with a suspended license, marked lanes violation, driving with a defective brake light, failing to obey both a stop sign and red light, speeding, failing to signal, leaving the scene of an accident with property damage resulting and resisting arrest.

His passenger, Nettles, faces charges of possession with intent to distribute a Class B drug and possession of a Class D drug.

Sam’s take:

Clearly, it is a bad idea to drive when one does not have a valid license. It is also a good idea to make sure the equipment on your motor vehicle is working. Having made these errors in judgment, however, it is usually best not to increase the severity of the situation one thousandfold as did Mr. Lacombe. Most likely, had he simply cooperated with the car stop, he would have received a summons for the defective equipment and driving with a suspended license. His passenger would then have been given the responsibility of driving the vehicle (assuming he had a valid license). One would imagine that this would have been bad enough and Lacombe would get an attorney and defend against the relatively minor charges.

It is seldom a good idea to lead the police in a chase. First of all, they tend to win. Second, property damage, physical injury and even death (potentially yours) can easily result. Further, a foot chase is generally even less successful than the car chase. Finally, any type of violent confrontation with the police, even if merely questioning their authority during a stop, is a contest usually won by law enforcement both at the scene….and later….in the courthouse. For example, notice who needed to get treated for injuries before being transported.

According to this report, Lacombe apparently did not want the police to discover the drugs he had in the car. However, had he simply accepted the citation for the defective equipment and suspended license, there would have been no basis for a car search, especially since his passenger would have been able to drive the car home. By the way, throwing the drugs out the window is not generally an effective means of sidestepping prosecution. There are a number of legal theories which can serve to link one with contraband which is not physically on one’s person.
The only manner of non-cooperation that is usually wise in a police confrontation is not making statements, other than identification information, and, most importantly, getting a lawyer as soon as possible!

The full article of this story can be found at
http://www.enterprisenews.com/news/x1886920440/Car-chase-leads-to-drug-arrests-in-Taunton

June 5, 2008

Saugus, Massachusetts Man Pleads Not Guilty to Drug Possession and Distribution Related to Sting Operation Involving New England Patriots Player

In federal court in Massachusetts, Daniel Ekasala pled not guilty to three counts of possession of oxycodone with intent to distribute. Authorities apprehended the 35-year-old Saugus resident during a sting operation involving New England Patriots offensive lineman Nicholas Kaczur.

Kaczur, who was arrested and charged with illegal possession of prescription painkillers in April wore a recording device during three alleged drug transactions that took place in gas stations in Foxborough, North Attleborough, and at a Sharon parking lot. During each of the three deals, the “cooperating witness,” as he was described in a Drug Enforcement Agency affidavit, purchased 100 OxyContin tablets for $3,900.

Ekasala ‘s defense attorney says that that the prosecution will have to reveal what the 28-year-old football player is getting in return for his cooperation. Kaczur was charged with criminal possession of a controlled substance in the seventh degree after police in New York pulled him over for speeding.

Ekasala is free on $10,000 bond. His attorney says that Ekasala tried to discourage the football player from buying drugs and was an “extremely reluctant participant.”

Massachusetts is one of a number of US states that have launched aggressive efforts to stop the illegal use and sale of OxyContin in the state. OxyContin is the brand name for OxyCodone. The painkiller is often abused for its euphoric effects.

Saugus man charged with supplying drugs to Patriots player, Boston.com, June 4, 2008

Patriots lineman Kaczur cooperates with DEA following arrest, ESPN.com, June 4, 2008

Related Web Resource:

Oxycodone

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April 28, 2008

Boston Firefighter Apprehended for Alleged OxyContin Drug Crime

A Boston firefighter was apprehended by police on Friday for allegedly purchasing OxyContin from a drug dealer that had been under police surveillance. Firefighter and Dorchester resident William Boyle has been ordered to appear in District Court for the alleged possession of a Class B substance.

Boston police say that a District-C Drug Control Unit Detective saw Boyle make the alleged deal with drug dealer Stephen Puglielli at the Broadway MBTA station. Boyle allegedly called out to the approaching detective, “I didn’t do anything, I am a Boston fireman.”

Police say that he dropped a cellophane wrapper with 5 OxyContin pills, But Boyle alleges that they planted the evidence. At the Boston police station, officers allege that Boyle told them that he bought the pills for $200.

Boyle has served as firefighter with the Boston Fire Department for over 10 years and is also a Vietnam veteran. He has been on injury leave.

Puglielli, a well-known drug dealer and a Southie resident, has been arrested for allegedly dealing drugs. His arraignment is schedule for today. Puglielli is a repeat drug offender.

Boston firefighter in Oxycontin sting, Boston Herald, April 28, 2008

Disabled firefighter accused in drug buy, Boston.com, April 28, 2008


Related Web Resources:

OxyContin, DEA

The Massachusetts OxyContin and Other Drug Abuse Commission

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April 15, 2008

76-Year-Old Revere, Massachusetts Man Pleads Not Guilty To Dealing Prescription Drugs

Richard "Pops" Picardi Sr, a 76-year-old Revere, Massachusetts resident, has pled not guilty to charges that include unlawful distribution of a Class B substance, selling cigarettes without state tax stamps, receiving stolen property, and violating drug laws in a school zone.

A person can be charged with violating drug laws in a school zone if the drug-related crime he or she is accused of committing took place within 100 feet of a playground or park or within 1000 feet of a school or school property. Because so many cities in Massachusetts are well populated, it is very hard for someone not to be within a school zone.

Picardi is accused of dealing prescription drugs from the office of the Square Cab Co. in Chelsea in exchange for cigarettes and money. The company is located within 1,000 feet of Clark Avenue School. His arraignment took place in Chelsea District Court, and he was ordered held on $10,000 bail.

Undercover cops bought OxyContin and other narcotics from Picardi several times in March. One buy involved three OxyContin tablets in exchange for eight packs of cigarettes and $40. He also is accused of selling cigarettes illegally.

Picardi had more than $11,000 on him last week when he was arrested. Law enforcement officers also found almost two full cartons of cigarettes, 74 Roxicet pills, 21 razor packs, and 5 unopened cologne bottles that may have been stolen.

One-legged 76-year-old busted in drug sting, The Boston Herald, April 15, 2008

Man, 76, held in drug case linked to Chelsea cab firm, Boston Globe, April 15, 2008


Related Web Resources:

Massachusetts Drug Fact Sheet, Friends of Narconon

The Drug Policy Forum of Massachusetts

Continue reading "76-Year-Old Revere, Massachusetts Man Pleads Not Guilty To Dealing Prescription Drugs" »

March 14, 2008

Ex-Federal Appeals Court Employee in South Boston, Massachusetts Arrested on OxyContin Sales Charge

In Massachusetts, a former US Court of Appeals for the First Circuit records clerk was arrested for allegedly selling OxyContin.

Christopher Cook allegedly sold 200 OxyContin pills to someone working undercover with the FBI. Cook, 28, was to be given $7,600 for the pills.

The undercover witness agreed to work with FBI agents, who tape-recorded the sale, after being charged with drug trafficking outside the state. He had informed agents that he and Cook had been selling drugs for over a year.

Cook reportedly tried to flee before he was arrested at an undisclosed location. He faces one federal charge of selling OxyContin. The Pembroke native reportedly has a history of arrests for violence.

Prosecutors suggested that he be detained until a detention hearing that is scheduled fornext week because he is believed to be a flight risk.

Cook faces up to 20 years in prison if convicted for federal drug trafficking.

OxyContin is a prescription painkiller. Street names for OxyContin include Kicker, OC, Oxy, OX, Blue, Oxycotton, Hillybilly Heroin.

The WhiteHouseDrugPolicy.gov Web site says that prescription drugs are often illegally obtained via:

• Doctor shopping or other prescription fraud.
• Illegal online pharmacies.
• Theft and burglary.
• Receiving/purchasing from friends or family.
• Overprescribing.

If you have been arrested for a drug crime in the Boston area or anywhere else in Massachusetts, it is important that you hire a Boston, Massachusetts drug crimes law firm that is familiar with the different avenues of defense that are available to you. We have defended clients prosecuted at the state and federal levels.

Former court worker held in OxyContin sale, Boston.com, March 14, 2008

Prescription Drugs, Office of National Drug Control Policy


Related Web Resource:

OxyContine, DEA

Federal Trafficking Penalties, DEA

Continue reading "Ex-Federal Appeals Court Employee in South Boston, Massachusetts Arrested on OxyContin Sales Charge" »

February 29, 2008

Singer Bobby Brown Forgoes Jail Time for Community Service Over Alleged Cocaine Possession

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.

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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