Boston Criminal Lawyer Blog

It is not terribly unusual to hear about a case in which a student is accused of getting into a fight with another student. However, a Newton high school student has now been charged with Massachusetts assault and battery against someone else...a teacher. But it does not end there. He will also have to tell his new attorney how to defend against the charge that illegal drugs were the issue of the altercation.

The 16-year-old lad (hereinafter, the “Defendant”) was charged with assaulting the teacher on Friday after a metal box full of marijuana was allegedly confiscated from him at school, police said.

According to the Commonwealth, a teacher caught the Defendant in a school bathroom with the box in a, and took him into an office, where he was told his parents would be contacted. As the Defendant was being escorted to another school office, police said, he allegedly grabbed a different teacher's hand in an attempt to retrieve the box. The teacher was not injured.

Police say that the box contained five packages of marijuana.

Continue reading "Massachusetts High School Student Arrested For Assaulting Teacher And Intent To Sell Drugs" »

And so the trial of assumption and innuendo (at least, so far) continues in Brockton, Massachusetts. Attorneys battle it out as jurors hear different observations of the home of Carolyn R. (hereinafter, the “Defendant”) and the various family members. As you may recall, the Defendant and her husband are being charged, yet tried separately for the first-degree murder of their 4-year-old daughter (hereinafter, the “Deceased”). According to yesterday’s Globe, Tuesday’s testimony had to do mostly with...the husband (hereinafter, “Co-Defendant Dad”) .

That’s right...first degree murder. The one with premeditation.

Correct again...Co-Defendant Dad. The one not on trial yet.

It was a stellar day for the prosecution.

Continue reading "Massachusetts Murder – By – Drugs Trial Continues" »

For the last two days, the daily Boston Criminal Lawyer Blog looked at two recent matters wherein Massachusetts defendants were stopped by law enforcement in their vehicles, wherein drugs were found. During the investigations, sometimes more drugs were found at various locations…sometimes it was a href="http://criminal.altmanllp.com/lawyer-attorney-1452603.html">weapons.

Rest assured that while the police and courts treat drug possession and gun possession very seriously…the combination is extremely eye-opening to them. It is the stuff that headlines are made of.

In any event, one last issue remains unexamined. In the Marblehead matter, additional material was found in the defendant’s home.

The question arises whether we are less protected in our homes or our automobiles from police invasion into our privacy in terms of search and siezure.

This is what today’s posting, ending this three-part-series will address.

Continue reading "The Search And Seizure Of Two Massachusetts Drug Suspects (Part Three)" »

Yesterday, we began our examination of the arrest and sentencing of a Geraldo S., 32 of Marblehead (hereinafter, “Defendant 1”). He recently pled guilty in a Massachusetts superior court and received a ten year sentence. We were looking at the story from a search and seizure angle.

We left off when it came time to explain the search of Defendant1’s vehicle.

As you may recall, Defendant1’s arrest took place back in 2004. To show you things have not changed very much, let’s turn the clock forward to this very weekend. On Saturday, Henry T., 21, (hereinafter, “Defendant2”) of Randolph was blessed with similar police attention.

Braintree police say that Defendant2 had been driving without his headlights on early Saturday morning. They checked their computer to get information on the vehicle and found that Defendant2’s license had been suspended.
That’s a crime in the Commonwealth.

Continue reading "The Search And Seizure Of Two Massachusetts Drug Suspects (Part Two)" »

While the rest of us were celebrating freedoms that are the legacy of heroes like the late Dr. Martin Luther King yesterday, one gentleman from the North of Boston was adjusting to the trade of his need of a defense attorney for a ten year term of imprisonment in Massachusetts prison.

Of course, he has already served approximately six of those years awaiting trial.

Geraldo S., 32, of Marblehead (hereinafter, the “Defendant”) was found to be in possession of a kilo of cocaine after a traffic stop in 2004. On Friday, he pled guilty to the reduced charge of trafficking over 100 grams of cocaine . This was the result of a plea bargain with the prosecution. Had a deal not been struck, the court would have had no choice but to sentence him to at least fifteen years in the event of a conviction.

Key to the plea bargain was a confession made to law enforcement.

The Defendant’s most recent criminal justice woes were the result of an investigation by the Marblehead police. Part of the investigation involved the fact that, apparently, the Defendant was known by several different names.

Continue reading "The Search And Seizure Of A Marblehead Drug Suspect (Part One)" »

Ok, so you have gotten over the shock of being charged with a crime. You have gone to court in Boston a couple of times for a couple of court dates that feel accomplished nothing. Finally, you ask your attorney when this will all end.

You get that sad but true answer…”it depends”.

Many things in the criminal justice system depend on what happens as the case progresses. This is not a science wherein there is an exact formula for how things go. You may have already witnessed this as you have gone to court and seen different people get different bail and sentence decisions although charged with the same crime(s).

You probably already know that, if a case is not otherwise disposed of beforehand, the case is resolved at trial. I am going to assume you know what that is. After the verdict, one of two things happen. Either the verdict was “not guilty” and the nightmare is over, or it is “guilty” and there is a sentencing hearing. Depending on the convictions, that sentencing may or may not result in the defendant going home.

Continue reading "Attorney Sam's Take - How You Resolve Your Gun, Drug Or Assault Case In Massachusetts" »

A Boston federal drug case is keeping lawyers and politicians on their feet.

Yesterday, there was a detention hearing for Lawrence T., 51, of wakefield (hereinafter, “Defendant 1”). He stands accused of illegal sale of OxyContin. Defendant 1 has a co-defendant, John F., 31 (hereinafter, “Defendant 2”). Defendant 2 just happens to be a key City Hall operative who faces an indictment charging him with the drug crimes.

Well, Defendant 2’s status as an “operative” is a bit more specific than that...he is Mayor Thomas M. Menino’s neighborhood liaison to East Boston. His indictment came down on Thursday for possession with intent to distribute OxyContin and possession with intent to distribute marijuana.

East Boston residents are speaking out about the matter, pointing out that drugs have been a plague on the neighborhood for years. But, now, there is even more evidence of how “high up” the problem reaches –namely, the arrest of one of the area’s rising political stars.

Continue reading "East Boston Reacts To Federal Indictments And Bail Hearing In Drug Case " »

Some folks in Boston will go to great lengths to avoid contacting a criminal defense attorney!

Take the case of 36-year-old Francis V. (hereinafter the “Defendant”) for example. He wanted to avoid court so much he chose self-mutilation over consulting an experienced defense attorney.

The Defendant had a pending drug trafficking case for trafficking in which he had already defaulted. No, the Defendant did not simply have one warrant pending for his arrest...he had 13 such warrants pending.

In an attempt to keep those warrants pending, in other words not falling down upon him like a law enforcement net, he mutilated his fingers in order to conceal his prints.

Continue reading "Boston Drug-Trafficker Is Arrested On Outstanding Warrants And New Weapons + Forgery Charges" »

Well, it’s nice to see the Suffolk County District Attorney’s Office having a good time. Of course, Demetrius E., 27 of Dorchester (hereinafter, the “Defendant”) might not be laughing, though, should he read their recent press release celebrating his guilty plea in Boston’s Superior Court.

The Defendant pleaded guilty to various drug charges on November 17th. The drug of choice was crack, cocaine. The sentence was five-to-seven years in state prison. The funny part?

He is said to have stored his crack in a Chips Ahoy cookie box.

He had been arrested on Feb. 22, 2005. November 17, 2009, was to be his trial date. Instead, he pleaded guilty.

Continue reading "Boston District Attorney Celebrates Drug Defendant's Guilty Plea" »

19-year-old Lynn man Walter C. (hereinafter, the “Defendant”) faced Justice last week, attorney by his side, in Lawrence Superior Court. The verdict was guilty. The sentence was life in state prison. The charge was second-degree murder taking place in August, 2008. Any change of fate is now in any potential appeal.

The jury had been out for approximately four hours before returning a lesser verdict of second-degree murder - an intentional killing done with malice - instead of first-degree premeditated murder initially charged against the Defendant by the state. Immediately, the Defendant was given the mandatory punishment of life in state prison. Normally, the Defendant would be eligible for parole after serving 15 years in state prison. However, he was also found guilty of carrying a firearm and given a consecutive 30 month sentence to serve.

The Commonwealth alleges that the homicide was the result of the drug trade. They alleged that the deceased’s cousin had told the him that the Defendant had stolen $30 and several bags of marijuana. When the deceased went looking for the Defendant and confronted him, the deceased apparently shot once at the Defendant, but missed him. The Defendant then chased down the deceased and shot him in the head, killing him.

The Defendant took the stand and admitted firing the gun, but said he was being shot at and defended himself under a combat situation.

Continue reading "Lawrence Jury Finds Murder Defendant Guilty Despite Self-Defense Claim" »

Just a reminder for our more rambunctious readers from areas in which Boston students dwell. Too much partying can lead to the need for a criminal defense attorney.

It is not an unusual story, but it happened again in the wee hours of October 31st. Mario B., 29 of Alpine Texas and John B., 22 of Fair Oaks Park, Needham, apparently went a little too far in Allston. According to the authorities, they were acting in a disruptive manner while police were trying to disperse a party.

Apparently, the two yelled and swore at investigating police so loudly that they woke up others in the apartment building.

That type of thing is frowned upon in the Commonwealth; even on Halloween.

Continue reading "Charges Of Disorderly Conduct Effect Students' Graduate School And Employment Future" »

This was not supposed to happen! How could such a thing happen? You’ve lived your entire life without breaking the law. Well, okay, maybe there was that time many years ago... but that’s beside the point. Nobody knows about that. But, now, here in Boston, today, you are going to be arrested. You are being investigated. Now, as you have read so many times in this daily blog, you need one of those awful creatures, a criminal defense attorney. What now?

Well, lucky for you, there are many of us around. In fact, in the Boston area, you probably could not throw a rock without hitting one. Many people think that that would be a great idea. But let me suggest otherwise.

As is the case in most professions, there are good defense attorneys and not so good ones.

First of all, let’s establish that you actually want an actual criminal defense attorney. In other words, Attorney Iliketowritewills who has helped the family through the years in real estate and other probate matters is not necessarily someone who has any criminal defense experience other than that one drunk driving matter he helped Uncle Charlie with 20 years ago. Attorney Corporatelaw may be absolutely brilliant in mergers and acquisitions, but that does not mean she knows what to do in a drug or shooting matter.

Each type of criminal case is different. The approach to a murder is not the same as it is with a white collar case Certainly, someone who has not even practiced regularly in the criminal court sessions is going to be like the perverbial fish out of water even though dressed in the same kind of suit.

Continue reading "Attorney Sam’s Take: Investigated/Arrested In Boston – How To Choose A Defense Lawyer" »

Welcome to the year 2009, more than twenty years after 1984, which was the title of a famous book by George Orwell. The book depicted a society where “Big Brother”, the government, was always watching. Ironically, while the show “Big Brother” was not the downfall of Adam J., a 31-year-old PR executive, (hereinafter, the “Defendant”), the government was. It was about a week ago, while in Massachusetts, that he developed the need for a defense attorney.

Big Brother is a CBS reality show that films contestants 24 hours, 7 days a week and makes them evict fellow houseguests one by one for a chance to win the big prize. The Defendant won the money in April 2008. He may not have been evicted then, but he risks being convicted now.

The charge? He is charged with, and has purportedly admitted to, trying to sell 2,000 oxycondone pills to a government informant. He is also said to have admitted that he used his $500,000 Big Brother prize money to purchase the drugs, which he distributed along the east coast for months.

Continue reading "Celebrity Suspect Is Arrested North Of Boston In Drug Sting" »

A Boston-area woman has now made her situation worse and her attorney’s job a lot more difficult.

Laura D., 23, (hereinafter, the “Defendant”) of Everett was being held in The Women in Transition program, a prerelease facility that provides help to 24 women who have committed nonviolent offenses and have drug and alcohol addictions. Unfortunately, she did not stay there. Instead, she escaped by jumping out the window.

Apparently, though, her freedom was short-lived.

According to Essex County Sheriff's Department spokesman Paul Fleming, "At about 11:20 [October 16th] morning it was noticed that she was missing from Women In Transition," Fleming said. "She was re-apprehended at about noontime in a cab heading south on Interstate 95, not far from the Route 1 exit. She was sent back to MCI-Framingham. She's violated the opportunity to rehabilitate herself through the Women In Transition program."

The Defendant had arrived at the program just days earlier from MCI-Framingham, where she had been serving a six-month sentence for possession of class B and class E substances. Had she not attempted to escape, her parole eligibility date would have been December 3rd, Fleming said. If she served her out her full six-month sentence, she would have been released on March 22nd.

And now?

Continue reading "Convicted Of Drug Charges, Boston-Area Woman Escapes Jail" »

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

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

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

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

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

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

It sounded right to me at the time.

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

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

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

Kareem T, 28 (hereinafter the “Defendant”), was happy when Monday rolled around this week. After spending the week in custody, the Framingham man got to see his defense attorney and was returned to the free world…if $10,000 can be considered “free”, that is.

Last week was a bad one for the Defendant in the first place. First of all, he was arrested earlier in the week on drug charges. Then, three days later, on Friday, new allegations were broughtagainst him.

At 8:30 p.m., police received several 911 calls about a man pointing a gun at a person in a car at Jefferson Terrace. The police came to investigate, but found that the alleged victim had driven drove off and the suspect had walked away. However, bystanders gave police a detailed description of the suspect.

The officers converged on the area.

One of the officers saw two men walking, one of which had matched the suspect’s description. The officer is said to have yelled out, “Framingham Police, I want to talk to you”. One of the men walked toward the officer, while the other turn, looked at the officer and then ran away.

And so the chase began.

Continue reading "Arrested On Drug And Gun Charges, The Defendant Tries The "Self-Help" Approach To Criminal Justrice" »

There are still many people out there in Boston and environs who think that it is possible to be “arrest proof”. “After all”, they reason, if I do not commit a crime, I have nothing to worry about, right?” Let an experienced attorney tell you…wrong.

Let’s look at the possibility of drug charges for example.

You are going out for a crime-free evening of seeing a movie with a friend. Sounds safe enough, right?

Your friend comes by and picks you up and, as you drive to the movie, you see blue lights flashing behind you and there is the disturbing sound of a screaming siren.

Surely they cannot mean you.

They do.

Continue reading "Drug Charges In Boston – Can You Be At Risk?" »

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

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

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

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

Continue reading "Massachusetts Dad arrested for Domestic Drugging" »

According to law enforcement, the Los Angeles County Coroner has ruled that Michael Jackson’s death was a homicide.. On Monday, court documents were released that indicated that Jackson died of an overdose of propofol, a powerful sedative he was given to help him sleep. This, of course, increases the likelihood that Doctor Conrad Murray is about to experience the criminal justice system as he has been the apparent target of the manslaughter investigation. Be assured, though, his lawyer is prepared.

Dr. Murray’s attorney has already begun the defense by claiming that the police timeline of Jackson’s death is not accurate. Dr. Murray himself, who was said to be cooperating with the police investigation, released a YouTube video last week, as if from a bunker, thanking his supporters. This week, his position is that he told police the truth, but that said truth has been ignored or changed.

The bottom line for the coroner, however, is that the fatal combination of drugs given to Jackson hours before he died on June 25th in his rented Los Angeles mansion acted together with to cause Jackson's death.

Continue reading "Michael Jackson Update : Fatal Dosage Of Drugs Ruled Homicide" »