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.

If you are under investigation or have been arrested for buying or selling drugs in Massachusetts, one of our Boston, Massachusetts drug crimes attorney can explore your legal options with you.

A good Massachusetts drug crime attorney can defend you in court, determine whether any evidence against you is inadmissible, find evidence that supports you, and protect your legal rights.

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

Continue reading "Boston Firefighter Apprehended for Alleged OxyContin Drug Crime" »

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.

Massachusetts has very strict anti-drug laws and penalties for drug possession, distribution, manufacturing, and trafficking convictions. The best way to defend yourself against drug charges is to contact our Boston drug crimes law firm today for your free consultation.

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.

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

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

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

Probable Cause Determinations, Massachusetts Trial Court Law Libraries

Related Web Resource:

Massachusetts Sentencing Guidelines

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February 12, 2008

Massachusetts Man Sentenced to Five Years in Jail for Involuntary Manslaughter of Friend

In Suffolk Superior Court yesterday, Enrique Baez pled guilty to the shooting death of Cheyenne Baez. Judge Margaret Hinkle sentenced him to five years in Suffolk County House of Correction. 2.5 years of the sentence is for involuntary manslaughter, 6 months is for marijuana possession, and the remaining two years is for the illegal possession of two handguns. Enrique and Cheyenne were not related, but they were friends.

According to Boston police and investigators, Enrique, Cheyenne, and two other males were in Enrique’s apartment in Jamaica Planes on April 8, 2007. Enrique, 17-years-old at the time, had two guns. One of them was loaded, the other one wasn’t. While playing with the loaded gun, it went off. The bullet hit Cheyenne in the eye and killed him.

While on the stand, Enrique apologized for the murder and claimed that the shooting was an accident. Relatives of Cheyenne have expressed outrage at the five-year sentence, claiming that his death was murder and not an accident.

Judge Hinkle, Suffolk Assistant District Attorney John E. Powers III, and Boston police, however, are all in agreement that the evidence showed that the shooting was accidental.

Enrique had initially been charged with manslaughter. He had pleaded not guilty to the charges.

If you have been arrested for a crime that took place anywhere in Massachusetts, you are entitled to proper legal representation. There may be evidence that can be dropped or dismissed. If there is evidence proving that you are not guilty or that the charges against you must be reduced, our Boston, Massachusetts criminal defense attorneys can do the job for you.

Relatives of victim decry jail sentence, Boston.com, February 12, 2008

Teen charged with manslaughter after friend is shot, Boston.com, April 10, 2007

Related Web Resources:

Massachusetts Law about Guns and Other Weapons

Massachusetts Homicide Law

Continue reading "Massachusetts Man Sentenced to Five Years in Jail for Involuntary Manslaughter of Friend" »

February 5, 2008

Patriots Football Player Pleads Not Guilty to Marijuana Possession Charges in Massachusetts

New England Patriots defensive back Willie Andrews says he is not guilty of possession of marjjuana with intent to distribute. The 24-year-old football player responded to the charges during his arraignment today in Lowell District Court in Massachusetts.

Andrews was arrested this morning on Middlesex Street in Lowell near the University of Massachusetts. He did not appear inside the courtroom during his arraignment—although he was at the courthouse—and the facts of the case were not read aloud in court. A Lowell police report related to the case, however, describes how the football player was pulled over by police, who noticed a “strong, pungent” smell.

The report says that Andrews confirmed that he had hidden marijuana in his groin area. Another two to three ounces of pot were found beneath his seat. About half a pound of marijuana, worth approximately $500, was reportedly found with the Patriots player. He was given a bail warning and released on his own recognizance.

The football player must inform a probation officer if he decides to travel outside Massachusetts. A violation of his probation could result in up to two months in jail. The football player is also charged with driving an unregistered motor vehicle.

This incident is not Andrew’s first brush with the law. He was convicted of criminal mischief a few years ago. He was on probation when police found a gun in his possession during a traffic stop. He served 10 days of a 30-day jail sentence.

In Massachusetts, a marijuana possession offense is a misdemeanor. A conviction could lead to six months in jail and a $500 fine. If it is a first offense, the punishment for conviction could be probation.

The sale or cultivation of pot is considered a felony. Depending on the amount of marijuana and the circumstances involving in the arrest, a conviction could lead to 2 to 15 years in prison and a $5,000 to $10,000 fine.

The best way to combat drug charges is to contact a Massachusetts criminal defense law firm that can provide you with a successful defense.

Patriots player busted for pot, BostonHerald.com, February 5, 2008

Patriots defensive back charged with marijuana possession in Lowell, Boston.com, February 5, 2008

Related Web Resources:

Massachusetts State Penalties

Willie Andrews, Patriots.com


Continue reading "Patriots Football Player Pleads Not Guilty to Marijuana Possession Charges in Massachusetts" »

December 21, 2007

After U.S. Sentencing Commission Ruling, 91 Crack Cocaine Inmates in Massachusetts Could Reduce Their Prison Sentences

In a unanimous decision, the U.S. Sentencing Commission wants to retroactively reduce the prison sentences of approximately 19,500 federal inmates convicted of crack cocaine charges.

The decision is intended to lighten sentences retroactively for certain crimes related to crack cocaine and narrow the disparity between sentences for cocaine powder and crack cocaine. Crack cocaine was previously thought to be more dangerous. The U.S. sentencing commission recently reduced the sentences for crack cocaine possession, effective November 1. Under the Sentencing Act of 1984, lowering the penalties for a crime is retroactive.

86% o the 19,500 prisoners serving sentences for crack cocaine convictions are black.

Some 3,800 prisoners could be released within one year of the March 3 effective date, which will give prison officials and judges time to handle a number of issues, including public safety. In Massachusetts, 91 inmates convicted of crack cocaine may find their requests for reduced sentences granted. The decision on whether to reduce their sentences will be made by federal judges.

The Bush administration opposes reducing crack cocaine sentences retroactively. Attorney General Michael Mukasey says that changing the standard retroactively for those that were convicted prior to the rule change would disregard any mitigating factors that judges had considered when setting the prison sentences.

New U.S. Sentencing Guidelines for Crack Cocaine Offenders:

• 1st time offenders convicted of possessing at least 5 grams of crack cocaine must serve 51 to 63 months in prison (previously 63 to 78 months).
• 1st time offenders with a minimum of 50 grams of cocaine may serve 97-121 months in prison (previously 121-151 months).

The majority of the 200,000 federal prisoners in the U.S. are drug offenders. Offenses involving cocaine are covered under federal and state laws.

Crack sentences eligible to be cut, Boston.com, December 12, 2007

Panel Says 19,500 Crack Inmates Can Seek Reduced Sentences, CNN.com/AP, December 12, 2007

Sentencing Commission Votes Unanimously to Apply Amendment Retroactively for Crack Cocaine Offenses, USSC.gov, December 11, 2007

U.S. Sentencing Ranges Lowered for Crack Cocaine, NPR.org, November 2, 2007

Related Web Resources:

United States Sentencing Commission

The Sentencing Project

Continue reading "After U.S. Sentencing Commission Ruling, 91 Crack Cocaine Inmates in Massachusetts Could Reduce Their Prison Sentences " »

November 26, 2007

Federal Judge in Massachusetts Dismisses Charges Against Alleged Boston Drug Dealer

In Massachusetts, US District Judge Nancy Gertner dismissed drug charges against Earl Dessesaure on the grounds that federal prosecutors conducted a sloppy investigation and a Boston police officer made fabricated statements about the case in court. Gertner called the prosecution “deeply flawed” and said allowing the case to advance would undermine justice.

In 2003, Boston and Quincy police started watching Dessesaure’s apartment in Quincy. They discovered white powder in garbage bags that he would place in a dumpster close to his apartment. Police did not test the white powder that they thought could be heroin.

On February 24, police officers followed Dessesaure and witnessed an exchange that they thought was a drug deal. They arrested Dessesaure and found six plastic bags of heroin in his rectum.

They then seized his keys and entered his residence without a search warrant. At his apartment, they found a gun, more white powder, and paraphernalia to distribute drugs. It was only then that they applied for and got a search warrant. Because police conducted their first search without a warrant, the majority of the evidence became inadmissible in court.

Also, Boston police Officer John Broderick Jr. lied in court when he said that Dessesaure yelled to a crowd during an arrest that someone “call my peeps.” Broderick claimed that the shout out was a code phrase to let someone know that any remaining evidence at his home needed to be destroyed.

Officer Broderick, however, was not at the scene of the arrest. A police officer that was at the scene could not verify Broderick’s claim. Boston Police investigators continue to stand by Broderick and his actions.

In 2004, Gertner ruled that there wasn’t enough evidence for police to conduct a warrantless search of Dessesaure’s apartment. Federal prosecutors appealed the decision and won. Gertner then determined that the Speedy Trial Act was violated when there was no further action.

Her dismissal of the case with prejudice means that prosecutors cannot refile any charges related to the case. Dessesaure has been held without bail for over four years and will likely stay there while prosecutors appeal.

This is the second time that Dessesaure has been set free because the Boston police conducted improper investigations. A Suffolk Superior Court Judge threw out evidence against him in 1998 after determining that another Boston police offer made up a story about an informant. 19 bags of crack cocaine confiscated from his car were thrown out as evidence.

If you have been arrested for a drug crime in the Boston area, you should hire an experienced Boston criminal defense lawyer right away. Your criminal defense attorney can determine whether police conducted their investigation properly and if any evidence they gathered is inadmissible on court.

US Judge Dismisses Charges in Drug Case, Boston.com, November 25, 2007

System to Stem Police Perjury Not Implemented, Boston.com, October 24, 2005


Related Web Resources:

Search Warrants: What They Are and When They're Necessary

Speedy Trial Act of 1974

Continue reading "Federal Judge in Massachusetts Dismisses Charges Against Alleged Boston Drug Dealer" »

November 16, 2007

Three Massachusetts Drug Dealers To Be Exiled from Boston Area Upon Release from Prison

Three men in Massachusetts who have been convicted of federal drug charges in connection to cocaine sales that they made in and around the Bromley-Health Housing Development have been sentenced to long prison terms and will be banned from the Boston area once they are released.

Amos Carassquillo, 19, Nathan Garrasteguy, 26, and Louis Garcia Jr., 21, were cocaine dealers who sold drugs at the housing development in Jackson Square. 23 suspects have been charged in the Federal and police drug bust at the housing complex. Some of the drug activities involved the Health Street Gang, which has over 100 members and is based in Bromley-Health.

Carasquillo is serving 11 years in prison. He also has been charged in another case related to Bromley-Health where he pointed a weapon at Boston police. Garrasteguy is serving 10 years, while Garcia is serving 15 years.

Their ban encompasses the entire Suffolk County area, including Chelsea, Winthrop, Boston, and Revere, Massachusetts. Carasquillo’s exile will last eight years. The other two men are to be exiled for 12 years.

If you have been arrested for a drug crime in Massachusetts, it is important that you hire a Massachusetts defense lawyer who is on your side. Drug crimes convictions are serious criminal offenses in Massachusetts, which is why you need a criminal defense attorney who knows how to successfully defend you against the charges.

Drug crimes in Massachusetts can be prosecuted at the state or federal level. A person can be charged with drug possession, drug traffic, and/or drug manufacturing.

Motions to suppress evidence, motions to dismiss, verdicts in favor of the defense, and favorable plea agreements are some of the ways to successfully handle drug charges against defendants. A good criminal defense attorney can also determine whether police or the FBI violated your rights when conducting the investigation or making the arrest.

Do not talk to police without a criminal defense lawyer present. Police must have a search warrant in order to search a premise.

Drug Dealers, Imprisoned, Exiled, Jamaica Plain Gazette, November 16, 2007


Related Web Resources:

Massachusetts Drug Courts

Drugs & Crime Facts, US Department of Justice

Continue reading "Three Massachusetts Drug Dealers To Be Exiled from Boston Area Upon Release from Prison" »

October 8, 2007

Boston Lawyer Pleads Not Guilty to Trying to Smuggle Heroin Into a Massachusetts Prison

Kevin L. Barron, a Boston criminal defense lawyer, has pled not guilty to charges of possession of a Class A substance, delivering drugs to a prisoner, and possession with intent to distribute a class A substance.

Barron was searched by corrections officers as he was about to enter MCI-Cedar Junction in Walpole, Massachusetts last Tuesday to visit his clients. The Norfolk District Attorney’s Office says that officers discovered that Barron was carrying small packets of heroin.

Barron’s arraignment took place at the Wrentham District Court last Wednesday. He claims he did not knowingly commit any crime. He was released on his own recognizance and has been ordered by Judge Warren Powers to stay away from state prisoners.

There are several classes of drug substances in Massachusetts:

Heroin, GHB, Morphine, and Special K are considered Class A substances. In Massachusetts, a conviction for possession of a Class A substance can lead to 2 years in jail for a first offense. A second offense can lead to 5 years in prison or 2.5 years in jail. Fines may also be imposed.

Class B substances refer to LSD, Cocaine, Oxycontine, Ecstacy, Methamphetamine, Methadone, PCP, and Speed.

Class C substances refer to mushrooms, prescription tranquilizers, Vicodin, Librium, mescaline, STP, Clonazepam, peyote, and certain prescription drug dosages.

The list of Class D substances includes marijuana, phenobarbital, smaller prescription drug doses, and chloryl hydrate.

Class E substances refer to opium, morphine, and lighter doses of prescription drugs.

Being convicted for a drug crime in Massachusetts is a very serious offense. The ramifications on a convicted person’s life—even after spending time in prison and paying any imposed fines—can be extremely harsh. A person convicted of a drug crime may have a hard time getting a job, getting into college, obtaining financial aid, joining the U.S. armed forces, or becoming a U.S. citizen. A drug conviction can even lead to loss of driving privileges or deportation. An attorney who is convicted of a drug crime may have his or her license to practice law suspended.

If you have been arrested for a drug crime in Massachusetts, you should hire a criminal defense lawyer right away. Massachusetts has police units that are focused on investigating and prosecuting drug crimes. An experienced criminal defense attorney will know how to protect your rights and defend you during your trial. Your criminal defense lawyer may even be able to work out a deal with prosecutors so that charges are reduced or dropped.

Lawyer accused of smuggling heroin, Boston.com, October 4, 2007

Collateral Consequences of a Criminal Conviction, Massachusetts.gov

Related Web Resources:

MCI - Cedar Junction, Mass.gov

Massachusetts Drug Courts, Mass.gov

The Drug Policy Forum of Massachusetts

Continue reading "Boston Lawyer Pleads Not Guilty to Trying to Smuggle Heroin Into a Massachusetts Prison" »

September 11, 2007

Ex-Boston Cop Pleads Guilty to Federal Drug Charges

Carlos A. Pizarro, one of three former Boston police officers that were arrested in an undercover drug bust last year, pled guilty to federal cocaine charges yesterday. He pled guilty to possession of 100 kg of cocaine with intent to distribute and a second count of cocaine possession with intent to distribute. As part of the plea deal, the government dropped its charge that Pizarro engaged in heroin trafficking.

Pizarro has already spent a year in jail while waiting for his trial. In court yesterday, Pizarro admitted to guarding a shipment of cocaine in 2006 for drug dealers that were actually undercover FBI agents. The other two ex-police officers, Nelson Carrasquillo and Roberto Pulido, continue to maintain their innocence.

The plea deal does not obligate Pizarro to testify against his two former partners. He does, however, have to provide details regarding his own involvement in any crimes. He also has to give up the $17,000 he was given to protect the drug shipment. The government will now recommend that he serve no more than 14 years in prison.

The three former police officers were taken into custody in Miami in July 2006 when they came to a meeting with undercover FBI agents. The agents paid the three men the remaining $36,000 of their $51,000 fee for guarding the shipment while it was transported to Jamaica Plain from Western Massachusetts.

Pulido, dubbed the group’s ringleader, is also accused of identity theft, bringing illegal immigrants into the country, selling steroids, insurance fraud, and guarding parties attended by drug dealers, police officers, and prostitutes at a warehouse in Hyde Park. He had initially been suspended without pay after his arrest related to the undercover drug bust. He was fired in May 2007, however, after he refused to take his yearly drug test.

Pulido has to stay in jail until the case is resolved. Carrasquillo is out on bail.

Here are a few facts about drugs in Massachusetts from the U.S. Drug Enforcement Administration's web site:

• The primary drugs that are abused in Massachusetts are heroin and cocaine.
• MDMA, a club drug, is also widely available in Massachusetts
• Other drugs that are readily available in Massachusetts include marijuana, Roxicet, Percocet, and OxyContin

A person can be apprehended for drug-related charges if he or she is found trafficking drugs, distributing drugs, smuggling drugs, manufacturing drugs, laundering money related to drug deals, or drug possession.

If you have been arrested for a drug crime in Massachusetts, you deserve the legal services of a criminal defense attorney that is committed to defending you and protecting your rights.

Ex-officer admits guilt in drug case, Boston.com, September 11, 2007

Massachusetts 2007: Drugs and Drug Abuse, DEA


Related Web Resources:

Drugs and Crime Facts, US Department of Justice, Bureau of Justice Statistics

Mandatory Minimum Sentences, Drug Policy Alliance

Continue reading "Ex-Boston Cop Pleads Guilty to Federal Drug Charges " »

August 9, 2007

Homeless Man In Massachusetts Says He is Not Guilty of 6-Year-Old Cousin’s Murder

A 20-year-old homeless man says he is not guilty of the first degree murder of his 6-year-old cousin. The little girl, Joanna Mullin, was found naked and dead and wrapped in a blanket in the SUV that the man, Ryan Bois, was riding in when police apprehended him after a high-speed chase. Her body was wedged in the Ford Explorer’s backseat floor where police discovered it after Bois crashed his motor vehicle into a taxi. He then left the accident scene on foot and threatened police with a knife.

Bois pleaded not guilty to assault and battery with a dangerous weapon against a law enforcement officer, murder, possession of heroin during arrest, and multiple motor vehicle violations.

He was arraigned on Monday at Quincy District Court and was ordered to remain in custody without bail. A psychiatric evaluation of Bois will take place at Bridgewater State Hospital.

When a person is tried for a crime in Massachusetts, a jury can only issue a not guilty or a guilty verdict. A not guilty verdict doesn’t necessarily mean the person is innocent; it means that the state of Massachusetts did not persuade the jury that the defendant was guilty of the crime beyond a reasonable doubt.

In a first degree murder case, the prosecution has to prove that the defendant purposely and maliciously and illegally killed the victim. If the attorney for the defense can prove that the defendant did not maliciously kill the victim (even if the defendant killed the victim accidentally or as an act of self-defense), then the defendant is not guilty of first degree murder the way the state has defined it.

Other reasons that a jury might not find a person guilty of committing a crime:

• The defense can prove that the defendant did not commit the crime.
• The victim cannot properly identify the attacker.
• Tests proving guilt are deemed inadmissible during trial.
• The defense has a convincing alibi.
• The defendant is found not guilty by reason of insanity.

Man Charged with Murder in Death of Young Cousin, Boston.com, August 6, 2007

Not Guilty Does Not Mean Innocent,Massachusetts Bar Association


Related Web Resources:

Violent Crimes Overview, Justia

Homicide Trends in the United States, U.S. Department of Justice

Continue reading "Homeless Man In Massachusetts Says He is Not Guilty of 6-Year-Old Cousin’s Murder" »

August 3, 2007

Massachusetts Man Arrested in Drug Bust Worked as Heavy Equipment Operator in Boston Without Driver’s License for Years

A South Boston man who was arrested last month for buying OxyContin apparently worked for the city driving tow trucks for close to three years even though he didn't have a driver’s license.

William E. Morin Jr's driver's license had been suspended from March 2000 until November 2003. He was hired by Boston’s Transportation Department to drive tow trucks in April 2000 even though his driving record showed that his license was suspended for not paying fines for a seatbelt violation in Dedham and a speeding ticket in Westborough. His license was reinstated in November 2003.

There are unpaid fines for the suspension but Morin says he did not know that his license was suspended.

Last March, the city of Boston promised to review the driving records of all its heavy equipment operators after the Boston Glob reported that the city regularly let workers drive heavy motor vehicles even if they had violations on their driving records. Violations ranged from reckless endangerment to drunk driving violations to running red lights to causing accidents to disobeying police to license suspensions. The Boston Globe say the 178 heavy equipment operators they investigated collectively had some 834 citations on their personal driving records.

Morin’s license has been suspended three other times. The first time was in 1989 when he failed to show up in court after getting a speeding ticket in Quincy. The second suspension was in 1990 when he did not appear in court after getting a traffic ticket in Weymouth. His license was suspended from March 1991 to October 1993 for not showing up in court after getting a speeding ticket in Middleborough. He almost got his license suspended again in December 2003 and December 2005. He paid the fines, however, and showed up when required, so license was not suspended both times.

Even if you are a second- or third-time offender of traffic violations, it is essential to protect your driving record. An experienced traffic violations attorney can defend you against charges for:

• Unpaid tickets
• Driving without insurance
• Speeding tickets
• Driving without a license
• Driving with a suspended license
• Driving with a license that is expired
• Reckless driving
• Hit and run
• Leaving the accident scene
• Arrest warrants for traffic violations

Morin was arrested on July 20 while leaving the house of a suspected drug dealer in South Boston. Police say he was carrying 14 OxyContin pills in his pocket. Police let him participate in what they say was another drug transaction before apprehending him. Morin was wearing his uniform and driving a city motor vehicle when he was charged with drug possession with intent to distribute OxyContin within 1000 feet of a school zone.

Possession and distribution of drugs is illegal and the punishments for a drug conviction in Massachusetts are severe. Drug charges in Massachusetts can be prosecuted at the federal or state levels. The amount of drugs involved, whether there was the intention to distribute or sell the drug, and whether any weapons were involved are just some of the factors that must be taken into consideration when determining drug charges.

A good criminal defense lawyer can defend you against drug charges.

City hired driver without license, Boston.com, July 31, 2007

Related Web Resources:

Mass. Law About Traffic Violations

Drug Policy Forum of Massachusetts

Continue reading "Massachusetts Man Arrested in Drug Bust Worked as Heavy Equipment Operator in Boston Without Driver’s License for Years" »