Boston Criminal Lawyer Blog

Ok, here is the scene. You are visiting your old pal Donny Dealer in Boston. You, being a good ol’ “party animal”, brought a bit of marihuana so you guys can party.

Donny was only too happy to party with you.

Unfortunately, unbeknownst to you, there has been an investigation going on regarding Donny and a his other friends, Mickey Mule and Greg Grower. Apparently, the investigators have the crazy notion that Donny is involved in the drug trade.

And so it is that, midway through smoking your first joint, there is suddenly a lot of noise and commotion and you suddenly find yourself lying face down on the floor with police officers saying something about a search warrant.

The officers search the apartment.

Guess what?

They find a plethora of drugs, including cocaine, heroin and ecstasy. Apparently, Donny did not need you to bring your own hard-earned pot after all.

Continue reading "Attorney Sam’s Take: “Mr. Investigator, The Marihuana Is Mine, But The Cocaine, Heroin and Ecstasy aren’t. Really!”" »

A fine and dutiful lass from Quincy got into a bit of trouble yesterday at the local district court. Now, after trying to pass some contraband to her boyfriend, through his lawyer, she needs an attorney herself.

Melissa A., 20, (hereinafter, the “Defendant”) found herself in the Commonwealth bracelets of shame after she allegedly smuggled a hypodermic needle into the courthouse in her bra as part of a scheme to pass heroin and cigarettes to her jailed boyfriend, police said.

You see, the Defendant is said to have approached her boyfriend’s defense attorney and asked him to deliver a bulky envelope to the man, who was in the court lockup awaiting a probation violation hearing, said Quincy police Capt. John Dougan. The attorney, perhaps concerned about the envelope, presented it to court officers instead.

Inside, the officers found heroin, cigarettes and hypodermic needles, Dougan said.

Continue reading "Quincy MA Woman Arrested For Drug Distribution...In Court!" »

Here is another one in a series of people being prosecuted for having parties wherein juveniles are allegedly given alcohol. As mentioned last week, ‘tis the season apparently.

Specifically, Elizabeth M., 50, and her son Taylor, 18, of Cohasset ( hereinafter, collectively, the “Defendants”) now face charges in Quincy District Court. They have pleaded not guilty yesterday to charges that they hosted an underage drinking party that drew dozens of teenagers to their home on Saturday night. Her charges include furnishing alcohol to minors under the ‘‘social host law,’’ keeping a disorderly house, and disturbing the peace. He faces charges of furnishing alcohol to minors and being a minor in possession of alcohol.

Both were ordered to abstain from drugs and alcohol and undergo in-home sobriety testing, while they wait for trial.

Continue reading "Cohasset MA Mother And Son Charged Giving Alcohol To Juveniles – A Boston Criminal Attorney’s View" »

Jaime Collazo and Christopher Colecchi have been arrested and arraigned in a Massachusetts criminal case involving a stolen car that had two sleeping children in it. The alleged car theft and kidnapping are said to have occurred early on the morning of July 12. The two Worcester men are accused of stealing a 2002 Toyota Sienna from outside a Gulf gas station while its driver was in the station.

Police were contacted and within minutes an officer found the car parked at the corner of Lafayette and Scott. The children were still in the vehicle and hadn’t been harmed.

Following a foot chase, Collazo was arrested and charged with Massachusetts kidnapping and trespassing. He is accused of forcing his way into the building where police found him.

Meantime, Colecchi, who is accused of then stealing another car, was pursued by cops on the I-290 first in cars and then on foot after he crashed the vehicle. Colecchi is charged with two counts of kidnapping, operating a vehicle as to endanger, receiving a stolen motor vehicle, leaving the scene of property damage, operating a motor vehicle with a suspended license, and possession of Class B substance. His criminal defense lawyer told the Telegram that the 36-year-old man is being overcharged. He says that whoever took the first car got out at once upon discovering that there were children inside the vehicle.

Van Stolen With Sleeping Children Inside, WCVB, July 13, 2010

Two suspects arrested for kidnapping, Telegram.com, July 12, 2010

Related Web Resource:
Crimes against the Person, General Laws of Massachusetts

Continue reading "Two Worcester Men Accused of Stealing Car Charged with Massachusetts Kidnapping" »

Usually, the “Attorney Sam’s Take” postings take place on Fridays. However, this past week, I was finishing a jury trial and so could not post in a timely manner. I did not feel I could not simply shelve this subject, though, because we may have solved a problem plaguing the criminal justice system…in Boston and beyond.

As you have probably, heard, the ten alleged Russian agents recently rounded up in the Boston area and other parts of the Northeast, have pleaded guilty at the U.S. District Court for the Southern District of New York.

Most of the defendants admitted that they are Russian citizens and are agents working for the Russian Federation.

The sentence?

Well, a swap has been arranged. The Russian Federation will receive the spies in their custody and in turn will release four individuals claimed to be connected to American intelligence agencies, according to the United States Department of Justice.

In a Department of Justice press release, Attorney General Eric Holder said, “This was an extraordinary case, developed through years of work by investigators, intelligence lawyers, and prosecutors, and the agreement we reached today provides a successful resolution for the United States and its interests.”

Everybody is excited about this solution.

Continue reading "A Boston Criminal Defense Attorney Asks: Could Swapping Criminal Defendants Be The Solution?" »

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

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

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

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

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

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

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

Confessions Of A Former Prosecutor - Introduction

...And so I sit to grab a moment of rest as I get home to my apartment after a day starting another trial. This time it is a rape case. Sex crimes cases are how I actually began in this work. My first year as an assistant district attorney in Brooklyn was in the Sex Crimes and Special Victms Bureau.

I remember back to one night, looking around my Brooklyn Heights apartment, papers and chineese food scattered, mid-trial, taking note of my surroundings. Then I looked into a mirror, seeing Mr. Prosecutor..red-eyed, sweaty and dressed...well, let's just say not at my best.

This is when I began thinking, "If people only knew...!"

There I was, mere months out of law school in Boston and now juggling around one hundred sex crimes cases…..all of which seemed bound for trial.

I had always loved performing, and so being a student prosecutor at Boston University Law School had been fun…but this was the real stuff. And there I lay on my couch, too tired to review a rape case that was mid-trial, yet knowing that I had to do so. All those "all nighters at school tended to pay off at such moments.

If people only knew…this is the picture of that scary prosecutor who had the power to send people to jail.

Continue reading " A Boston Criminal Defense Attorney Recalls His Days As A Prosecutor (Part One)" »

As a Boston criminal defense attorney, there is an oft-said and ill-fated sentence claimed by clients. It reads, “…but I didn’t know that was illegal!”

Unfortunately, such lack of knowledge does not usually matter. They really mean it when they say “ignorance of the law is no excuse”. Further, there are times when ignorance of the facts is basically irrelevent.

A prime example of the latter is the case of statutory rape. “But I didn’t know she was just shy of her thirteenth birthday…she told me she was twenty-five” is not going to be a viable defense.

Another example is something that a psychiatrist who teaches at Harvard Medical School (clearly not an ignorant man by any estimation, yet, hereinafter, the “Defendant”) said this week about the trouble in which he has now found himself.

He had been hosting a graduation party in New Hampshire. He has released a statement that he didn't know that there were students drinking at the high school graduation party .

Apparently, however, there were.

Continue reading "A Boston Criminal Defense Attorney’s View Of Knowledge And Guilt In The Criminal Justice System" »

Cameron Douglas, the eldest son of movie star Michael Douglas, is sentenced to five years in prison sentence. Earlier this year, the 31-year-old had pleaded guilty to distributing large quantities of methamphetamine and cocaine.

Although Cameron’s drug crime conviction comes with a minimum 10-year prison sentence, his father, mother, stepmother Catherine Zeta-Jones, grandfather Kirk Douglas, and other family members wrote to the court asking that the judge show leniency and reduce the young actor’s criminal sentence.

In a letter to the judge, Michael Douglas explained that his family had a history of alcohol and drug abuse and that being the son of a movie star dad undoubtedly created added pressures in Cameron's life. The 65-year-old actor also noted that his son, who has been in jail for the last 8 months, is now sober.

Cameron was arrested last year after a drug raid was conducted on his New York hotel room. According to investigators, he was paid tens of thousands of dollars to traffic methamphetamine across the US. He used shippers to conduct the transactions.

Because Cameron had cooperated with authorities, the length of his prison term didn’t have to meet the mandatory minimum sentencing requirement. The judge, who had discretion in the matter, decided to reduce the actor's sentence.

Massachusetts Drug Crimes
It is so important that you are a represented by a Boston drug crimes law firm that can successfully defend you. There may be evidence that can be suppressed or dismissed, charges that need to be dropped, plea agreements that can be made in your favor, a not guilty verdict that can be won, or a prison sentence that can be reduced.

Cameron Douglas Sentenced to Five Years in Jail, ABC News, April 20, 2010

Cameron Douglas Pleads Guilty to Meth Rap, CBS News, January 28, 2010

Related Web Resources:
Drug-Related Crime, WHite House Drug Policy

Drug Crimes, Justia

Continue reading "Cameron Douglas, Son of Michael Douglas, Gets Reduced Sentence of Five Years in Prison for Drug Conviction " »

The Boston Criminal Lawyer Blog has often warned you that you want to have an experienced criminal defense attorney advise and, if necessary, defend you if you find yourself to be a target or a criminal defendant. I have given you many reasons for this. Today’s story reveals one more.

Sometimes, the law, as applied by the courts, is wrong. This is the stuff about which appeals are made. So, in short, you want to have an attorney who not only knows what the law is...but what it should be.

Our case in point is a recent group of rulings by the Massachusetts Supreme Judicial Court. In the rulings, at least eight Plymouth County cases were overturned pursuant to the United States. Supreme Court ruling last summer that it wasn’t enough to use lab analysis paperwork as evidence – the chemists and ballistics experts (in gun cases) who did the tests have to testify, too.

Two Friday rulings by the state Supreme Judicial Court may open the door for even more of those cases to be appealed, said Plymouth County District Attorney Timothy J. Cruz. The rulings held that even if the defense attorney didn’t formally object to the paperwork as evidence or questioned whether the items tested were drugs, the case can still be tossed out.

Continue reading "United States And Massachusetts Supreme Courts Agree, Drug/Gun Cases Are Overturned And Prosecuting Attorneys Are Worried" »

Some people just can’t keep out of trouble. Allegedly. There are studies, performed both in and out of Massachusetts, that say that there are indicators of some people’s future behavior. For example, some studies indicate that someone who starts out in life torturing and killing animals end up killing people. Allegedly. We lawyers call such people “repeat customers”.

Allegedly.

Anyway, let’s chat about Luigi E., 26, of East Boston (hereinafter, the “Defendant”). He’s in trouble again.

You see, back in 2008, he got into alittle trouble. He was accused of killing a cat named “Nunu”, setting its corpse on fire, and throwing it out a window. The convictions received for that little episode were for arson and malicious killing of a domestic animal.

“Hey, Sam! Allegedly, right?”

Well, I guess so. Of course, he apparently confessed to detectives that he had stomped Nunu to death, set it on fire, and tossed its remains through the window of a Princeton Street apartment building.

Continue reading "Kitty Killer Is Arrested On Drug Felonies" »

I thought this was an ironic follow-up to Monday’s blog. It involves a former official for the US Department of Homeland Security. She was just convicted in Boston of encouraging her illegal immigrant housekeeper to remain in the country.

She is Lorraine H., 52, (hereinafter, the “Defendant”). She had been Boston’s port director for Customs and Border Protection. The guilty finding was apparently a shock to both the Defendant and her attorney.

According to news accounts, her only comment was, “I’m stunned” .

Her lawyer’s comment was “I’m sick”.

The case carries an important message that we do not discuss that often on the Boston Criminal Lawyer Blog.

Continue reading "Attorney Is Sickened As Former Government Official Is Indicted And Convicted At Boston Federal Court" »

I live in the Boston area and, as I have mentioned from time to time, have kids. When I am not “fighting the good fight”, I try to spend some time with them. In this day and age, that will include some television. One of the shows we watch actually began when I was a kid…Scooby Doo.

Well, if your kids also watch the show, I suggest you hide today’s blog from them lest they lose all hope.

While on TV, Scooby is a hero, I have found a news story to shake the foundation of childhood fantasy.

Scooby has been arrested for heroin dealing.

Continue reading "Scooby Doo Named In Ongoing Boston-Area Drug Investigation - Experienced Defense Attorney Needed" »

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 " »