Boston Criminal Lawyer Blog

Carlos J. Lanns, a 24-year-old New Jersey gentleman (and hereinafter, the “Defendant”), flew to Boston Monday…and into the arms of the law. He now stands charged with a number of Massachusetts drug crimes.

According to the Commonwealth, the Defendant arrived at Logan International Airport with 2.17 kilograms of cocaine, wrapped in plastic, in his shoes. Law enforcement values the drugs at an estimated street value of more than $200,000.

Prosecutors allege that the cocaine was hidden inside four pairs of shoes in his checked luggage. State Police arrested the Defendant shortly after he got off JetBlue Flight 862 from Santo Domingo, the capital of the Dominican Republic. Apparently, they had been alerted by US Customs and Border Protection.

While, the method used to find the drugs was not revealed “so as not to compromise ongoing interdiction efforts,” Suffolk District Attorney Daniel F. Conley’s office said, drug-sniffing dogs have been used in the past to check luggage from certain international flights.

At his arraignment, the Defendant is said to have seemed confused as his interpreter explained the proceedings to him. At his East Boston bail hearing, bail was set at $300,000 cash, although the Defendant had no prior record. The Commonwealth also requested that he be made to surrender his passport should bail be made as he allegedly has ties to the Dominican Republic.

It was so ordered.

The Defendant has pleaded not guilty to charges of trafficking in more than 200 grams of a Class B substance. He faces a possible 15-year mandatory minimum state prison sentence if convicted…

…so far.

Attorney Sam’s Take On State And Federal Drug Trafficking

"Ok, Sam, what do you mean by ‘so far’?”

Well, it would appear that any criminal investigation, or investigations, into the Defendant and his activities has just begun.

Continue reading "Boston Drug Trafficking Targeted At Logan Airport And East Boston District Court" »

As this Boston criminal lawyer begins his 52nd year of life, I return to a question which has plagued the jury system since its onset. Namely, what should a jury hear? Many people believe, as we discussed in my last blog, that the rules which govern what evidence can get before the jury is unfair. The thought is that the jury should hear everything and that, perhaps, the rules of evidence should not even exist.

As an attorney who has fought on both sides of the criminal justice trenches, I can tell you that I have been, in turn, gratified and frustrated by these rules…from both sides. However, most people view the system from the prosecutorial side and figure the biggest problem facing the criminal justice system today is crafty defense attorenys and overly-symnpathetic juries. These people tend to also believe that these inconvenient rules only serve to avoid justice and protect the guilty.

Perhaps you have always felt that way as well. Let's bring your perspective regarding the system a bit closer to the target, shall we?

Like so many of your fellow-citizens, you have fallen on some difficult times of late. This has also brought the onset on some bad choices and habits.

You have also recently been arrested for Roxbury drug trafficking. You have learned that the Commonwealth turned its attention to you after Benjy Buyer told the officers who arrested him for possession that he had made the purchase of the cocaine on his person from you. When the arresting officer came to fit you for handcuffs, according to the resulting police report, the officer knew that Benjy was telling the truth because you “looked like a drug dealer”. You had a ten dollar bill and one envelope of matching coke in your pocket.

The fact is that you had purchased the coke from the same person that Benjy did; you did not sell to anybody.

This has been a particularly bad stretch of bad luck for you, by the way. Just previous to the drug arrest, you had broken up with your girlfriend, Felicia Flybynight. This took place after she showed up on your doorstep with a black eye. She told you that her other beau, Slugger, gave her the shiner when he learned that she was also seeing you. She was now remedying the error in her ways and leaving town with Slugger. However, before she left town, a friend of hers took a picture of her black eye and asked her what had happenned. “It’s all [INSERT YOUR NAME HERE]’s fault”, was her answer. The friend thereafter called the police and explained the situation to them.

After your arrest for the drugs, the police figured they might as well charge you for the assault and battery as well.

After all, they reasoned, many drug dealers are involved in domestic violence incidents.

Now…your cases are about to go to trial. Your lawyer tells you that the Commonwealth is offering “Guilty-Probation” to cover both matters. Should you go to trial and lose on either one of these cases, they say they will ask that you serve some time in one of their fine institutions.

What to do.

Attorney Sam’s Take On The Cases Sans Evidentiary Rules

Obviously, your first question to your Boston criminal lawyer upon hearing this news is, “Well, what are the chances that we can win at trial?”

Continue reading "The MA Rules Of Evidence And Your Arrests For Roxbury Cocaine Trafficking, Assault And Battery – Part One" »

As a Boston criminal lawyer, I have seen many joint agency criminal investigations. Sometimes law enforcement is looking for gun possession or trafficking. Recently, there was a large inter-state operation regarding the creation and distribution of child pornography. The one we discuss today involves Massachusetts drug crimes.

There has been a joint operation between Boston police and MBTA Transit Police targeting drug dealing according to authorities. It has yielded the arrests of twenty-four people in the Andrew Square area over the past weeks.

Like all such operations, this one has its fancy name. It is “Operation Inside Out “ (hereinafter, “OIO”). OIO was launched during the month of July. It targeted individuals who used the Andrew Square T station to conduct drug transactions. Police used surveillance and shared intelligence in order to make the arrests.

“The primary goal was to impart a positive impact on the Andrew Square area and its neighbors and put those who would conduct such activity on notice to a strong police partnership and presence,” said Boston Police Captain John Greland, commander of District C-6.

According to law enforcement, OIO not only rendered them involuntary guests but also amounts of cash and illegal narcotics, including heroin, crack, cocaine, marijuana, and prescription pills.

Attorney Sam’s Take On Joint Police Investigations

Joint law enforcement investigations enable police organizations to do what, in years past, was not able to be done. In old days, there were quibbles over jurisdictional issues which seemed to be more important than the actual police work.

Maybe it is because computers make it easier, but agencies, both state and federal, seem to be working much better together.

“Sam, let’s assume that I am not dealing in drugs, guns or WMDs…or any other illegal substance. What is this supposed to do with me other than making me feel safer?”

Continue reading "24 Arrested in Boston for Drug Dealing and Possession of crack, cocaine and heroin." »

32-year-old Michael Makiej of Amesbury (hereinafter, the “Defendant”) was in Newburyport District Court Monday. He has been charged with Massachusetts drug crimes and the drug at issue is marijuana. He maintains his innocence.

The Defendant’s problems arose, as often is the case, when a criminal investigation began without his knowledge. Federal agents informed state investigators that they suspected that a package containing marijuana would be delivered to the Defendant’s home. Amesbury police say it was to be delivered on Friday.

And so it was.

When the package was delivered, the Defendant was not home. However, the police used a drug-sniffing dog to fortify their suspicions about the package. Then, the police obtained a search warrant to search the package.

According to law enforcement, they found two pounds of marijuana inside. It was valued at about $5,000 to $8,000.

The police used this additional information to obtain another search warrant…this time to search the Defendant’s house. Inside, they say they found 25 marijuana plants of various sizes hidden in a room behind a false wall in a closet on Sunday.

The Defendant was then arrested and charged with possession of a Class D substance with intent to distribute and manufacturing/cultivating a class D substance.

After a bail hearing, the court set bail at $5,000.

Attorney Sam’s Take On Drug Possession and Massachusetts Search And Seizure

Often, when we hear about Massachusetts gun and drug arrests, there is no warrant involved. That is because it often happens on the Commonwealth’s mean streets. However, when possible, warrants are generally required in order for a search to be lawful.

Continue reading "Amesbury Man Is Charged With Possessing Marijuana With Intent To Distribute In Newburyport District Court " »

Sometimes, as most police agencies know, things are not simply what they appear to be.

Take the case of Louis Gersh (hereinafter, the “Defendant”) for example. The Defendant ran a second-hand store on Warren Street in Arlington. Little did he know, however, he had been under a Massachusetts criminal investigation for the past month. He found out last week when he was arrested for Massachusetts heroin-related crimes. Theft-related charges to follow.
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It was a joint investigation between Arlington and Somerville police. It included use of an undercover officer to gather evidence as well as information gained in connection to another arrest, made weeks ago, on the Concord Turnpike. It culminated in a search warrant. According to Arlington Police Captain Richard Flynn, law enforcement seized a “large amount of heroin” after executing the search warrant on the business, called “On Line Sales”, owned by the Defendant.

However, this entrepreneurship=gone-wrong does not end there.

The Defendant also allegedly runs an online auction site that is headquartered at said business. The Commonwealth claims that this is actually a clearinghouse for stolen merchandise.

Law enforcement credits the neighborhood with suspicion about the Defendant’s businesses. Ryan explains that “The neighborhood in East Arlington on Warren Street has really been very concerned about the presence of his storefront,” Apparently, a “stream of seedy people” was seen coming and going from the storefront.

The Defendant, arrested Thursday night, now faces charges of a class A drug distribution, as well as separate charges for doing so within a designated school zone.

Flynn said police might file additional charges of receiving stolen property against the Defendant, based on the search at his business. He claims that, “We’ve taken so much stolen merchandise out of there, it’s unbelievable”.

Attorney Sam’s Take On Criminal Investigations And Unlikely Targets

To say that the Defendant needs an experienced criminal defense attorney is to suggest the obvious. And yet, it is likely that he had no idea that he would be in this predicament.

Continue reading "Arlington Man Needs An Experienced Criminal Defense Lawyer To Face Drug And Stolen Merchandise Charges After Criminal Investigation" »

This has been an upsetting week for Massachusetts law enforcement. Yesterday, we discussed how Boston’s prosecuting attorneys are upset with a particular judge. Now, law enforcement in general is upset with a ruling handed down by the Massachusetts Supreme Judicial Court.

The ruling primarily effects the Massachusetts search and seizure laws.

As we have discussed in the past, marijuana has been decriminalized. In other words, it is no longer a crime to possess a small amount of it. As also discussed, this meant that, in order to make an arrest regarding pot, the Commonwealth had to allege intent to sell the drug in order to make a “collar”. Massachusetts drug attorneys have gotten used to that.

Now, however, the Court has gone further.

In the past, if they stopped a vehicle on a MA criminal investigation, and they smelled marijuana, police treated it as probable cause to believe that a crime was being committed. They would then pull people out of the vehicle and, sometimes, search the vehicle. While the resulting charge might not be possession of the marijuana, the police would sometimes find something else to prosecute.

They can no longer do that on the basis of the marijuana odor alone. This is because while the smell might indicate smoking or possessing the marijuana, smoking or possessing it is no longer a crime. Thus, no probable cause.

Continue reading "Boston’s Supreme Judicial Court Rules Against Law Enforcement In MA Drug Search And Seizure Case" »

It should come as no surprise that law enforcement and safety personnel undergo Boston drug, and other, tests. The results are actually pretty impressive. Since the Menino administration launched random drug testing of Boston firefighters last fall, 57 percent of the Fire Department’s union members have been tested – and only two have failed, according to the department.

“There have been two positive tests,’’ the department said in a statement. Local 718 represents an estimated 1,400 firefighters of all ranks.

City Hall officials said both firefighters who failed were given 30-day unpaid suspensions and directed into the Employee Assistance Program.

Some folks know that sometimes “less” is “more”. For example, Boston Fire Commissioner Roderick Fraser declined to be interviewed on the meaning of the results. “The numbers speak for themselves,’’ was the statement he released. Others, however, need to crow. Rich Paris, for example, is the president of Local 718. He took advantage of said results to indicate that the results prove two things – the union never opposed drug testing during the contract talks, and Boston firefighters do not regularly abuse drugs or alcohol.

Continue reading "Boston Firefighters Fight MA Arsons And Drug Abuse" »

...And speaking about warning kids, there is the story about the party that has led a bunch of them to the mass arrest of 52 people Friday night.

Impressingly, the kids were dressed up for the occasion. The party was themed “Business Hoes and Ceos”, and the kids were all wearing suits, ties, miniskirts, etc.

Not so impressing were the choices of refreshments at the party.

According to Plainview police, the juveniles’ lawyers will need to contend with charges of Massachusetts’ marihuana and alcohol. Yes, particularly given the ages of those present, these treats were not legal.

And so the juveniles were joined by those who were of age at the party. The adults were arrested for providing said treats.

Continue reading "Plainview Juveniles Arrested At Alcohol And Pot Filled Party" »

It would appear that Fall River’s Shawn Drumgold, 45, (hereinafter the “Defendant”) has clutched defeat out of the jaws of victory. He was once wrongfully convicted of a 1988 Boston murder. He ended up being exonerated and released. He then even won a lawsuit, and a $14 million judgment for said conviction.

That's where the good news ends.

Yesterday, he was back before the bar of justice...now arrested on drug charges, including possession of a Class A substance with intent to distribute. After pleading “not guilty”, he was released on $500 cash bail.

According to a Boston police report, an informant told police earlier this month that drugs were being sold out of a particular Roxbury. Police raided the apartment on Wednesday, the report states, and recovered several bags of heroin and crack cocaine, as well as $304 cash from the Defendant’s person. He was arrested along with several other suspects, authorities said.

The Defendant had been released in November, 2003 after prosecutors said they believed he was wrongfully convicted because he did not receive a fair trial. In April 2008, a federal jury in Boston ruled that a city police detective violated the Defendant’s civil rights during the investigation by concealing that he gave money to a key prosecution witness before that witness testified in the murder trial. The jury awarded the Defendant $14 million, plus interest, in October 2009.

Continue reading "Fall River Man Released In Boston Murder But Held On Drug Charges- Attorney Sam’s Take " »

We haven’t talked about drug cases for awhile. As you know, possession of a small amount of marijuana has been decriminalized. However, that does not mean that having it is now problem free.

Confused?

Well, it depends on the circumstances in which you possessed it. For example, if there is even the hint that you might be sharing or otherwise distributing pot you are going to be charged with possession with intent to distribute.

And then there was the case of Ms. Sue Thayer, 65 (hereinafter, the “Defendant”) She was charged with felony drug charges when it was discovered that she was growing marijuana. Apparently, she was growing it for her son.

In 2007, the Defendant was charged with possessing more than 25 pot plants. She said she grew the plants out of necessity because the marijuana improved the appetite and general condition of her son, who suffered from chronic wasting.

She tried a defense of "necessity". It did not fly.

Continue reading "Felony Drug Charges May Be Dropped Against Mom Who Grew Marijuana For Son’s Use- Attorney Sam’s Take " »

Yesterday, we discussed that tragedies sometimes result from mistakes made by human beings. Yesterday, it was the Parole Board. Today, authorities are investigating a police-involved shooting in Framingham yesterday morning that has left a 68-year-old man dead, the Middlesex District Attorney’s office has announced. The word “homicide” has not been used…yet..

It all began when Framingham police detectives and members of the Framingham Police SWAT Team gathered together at 26 Fountain Street. at about 12:30 a.m. in order to execute a search warrant that had been issued for narcotic offenses, according to the DA.

What happened next is a little hazy, as it often is when police shoot someone.

Apparently, the search warrant was being executed, as planned, but something somewhere went wrong. Initial reports (aka all we are being told thus far) indicate that a bullet was “discharged” from the Framingham Police Department-issued weapon of a SWAT Team member.

In civilian parlance, one of the officers fired his gun.

Continue reading "Framingham Police Execute Search Warrant In Drug Case And Shoot 68-Year-Old Resident- Attorney Sam’s Take " »

Saying that the constitutional rights of Raymond and Ronald Mendes were violated during trial, Massachusetts’s Appeals Court has overturned their drug convictions: possession of marijuana with intent to distribute, possession of cocaine with intent to distribute, and drug violation in a school or park zone. Raymond also had been convicted of possession of ecstasy. The court, however, in its 2-1 ruling determined that the drug analysis certificates presented during trial were not enough to prove that the substances confiscated from their apartment were in fact marijuana, cocaine, and ecstasy. Police seized what they thought were illegal drugs from the brothers’ home on October 21, 2006.

The court, however, is now saying that the defendants should have had an opportunity to question the chemists that tested the drugs taken from their residence and that not having the chance to cross-examine the chemical analyst that prepared the certificates of drug analysis was a violation of the brothers’ rights per the Sixth Amendment to the United States Constitution’s confrontation clause.

It was just last year that the US Supreme Court found that the state of Massachusetts was in routine violation of drug defendants’ rights whenever it did not have an actual chemist testify about a seized substance that was an illegal drug. This year, the state’s Supreme Judicial Court ruled that the ruling should apply to cases going as far back as 2005 when a state law started allowing criminal trials without chemists.

Drug convictions overturned against 2 Somerville brothers, Boston Herald, December 28, 2010

Melendez-Diaz v. Massachusetts, Cornell University Law School, November 10, 2008

Related Web Resources:
Controlled Substances Act, The Commonwealth of Massachusetts

Drug Laws, Sec.State.Ma.Us

Continue reading "Massachusetts Drug Convictions Against Two Somerville Brothers Overturned " »

Authorities in Massachusetts have arrested Dr. Steven S. Miller, a 68-year-old Wareham dentist for allegedly exchanging drugs for sexual favors with female patients. He was arrested and arraigned in federal court and charged with distributing and dispensing controlled substances without a valid medical purpose. If convicted, Miller could end up spending up to 10 years behind bars and be ordered to pay a $1 million fine.

Miller is accused of allegedly handing a female patient a prescription for 40 amoxicillin pills and 36 Vicodin pills after asking to see her breasts and slapping her buttocks. At the time, the patient was working with the authorities.

Miller is also accused of telling undercover DEA Task Force officer Paul Callahan, who was pretending to be the boyfriend of one of the cooperating witnesses, to complete paperwork to make it look as though he had underwent dental work that justified a medication prescription. The dentist then allegedly prescribed 24 Vicodin tablets to Callahan.

According to the arrest affidavit, the prescription records of nine of Miller’s patients contain dosages that are not in line with professional dental standards. The prescriptions were filled at Target, CVS, Wal-Mart, and Walgreens between January 1 and November 30, 2010.

Miller has voluntarily surrendered his dental license.

Massachusetts Drug Crimes
Not only are drug charges some of the most common criminal offenses in this state, but also, they are among the most serious charges. In addition to tough sentences if convicted, having a Massachusetts drug offense on one’s criminal record can negatively impede a person’s life and restrict job and educational opportunities. Deportation or the loss of the opportunity to become a US citizen can also become a factor for some people.

Wareham dentist faces sex-for-drugs charges, SouthCoastToday, December 15, 2010

Dentist traded drugs for sexual favors, police say, Boston Globe, December 16, 2010

Related Web Resources:
Drug Enforcement Administration

Drug Crimes Overview, Justia

Continue reading "Wareham Dentist Accused of Prescribing Drugs For Sexual Favors" »

Salem police officer William D. Riley pleaded not guilty to several charges, including operating under the influence of alcohol, domestic assault with a firearm, possession of a firearm while intoxicated and possession of Class E drugs, in Salem District Court on Tuesday. A pre-trial hearing is scheduled for January 13.

Riley was arrested Friday evening when Salem police responded to a Dunlap Street domestic dispute. According to the woman who called the police, she had been in an argument with Riley, during which he said he had a loaded gun outside and after which he followed her outside, put a gun in his car, and drove off in it. The woman gave a box of what she said were Riley’s steroids to the officers. The police found Riley in his car on Dunlap, allegedly showing signs of intoxication.

The police department suspended Riley without pay and may take further disciplinary action against him.

Source: The Boston Globe, Salem police officer pleads not guilty

The drug possession charge may be very difficult for a prosecutor to prove in this case because the steroids were not in Riley’s physical control and there is no indication from these facts that Riley had the ability or intention to exercise control over them. It could also be difficult to prove the domestic assault with a firearm charge. There can be no criminal assault where there is no attempted battery and no threat or unlawful act that would place a person in immediate fear. From the facts given here, it is unclear whether Riley’s alleged actions would rise to the level of an assault. It would also be interesting to find out what the alleged signs of intoxication were. An emotional argument with a romantic partner may be a perfectly good reason for exhibiting certain “signs of intoxication” like glassy or bloodshot eyes and angry or irritated reactions.

Continue reading "Police Officer Pleads Not Guilty to Many Charges, Including Drunk Driving and Drug Possession" »

A body was found this morning in the back seat of a car at 35 Rowe St. in Roslindale. Police told the Boston Globe that they believe it to be drug-related because it is a quiet neighborhood next to railroad tracks which makes it a good place for illicit meetings. The medical examiner removed the body from the gold Honda as police officers cordoned off the scene. A resident of the street said she was doing laundry when saw feet hanging out of the car.

Police didn’t say what types of injuries were involved, but they said that there was some evidence at the scene.

Source: The Boston Globe, Police probe possible drug slaying in Roslindale

This incident represents yet another possibly drug-motivated crime in the city this year. Fairly recent studies have shown, however, that the relationship between homicide and drug dealing is somewhat poorly understood. One study, which analyzed Boston police arrest data, indicated that less than 15% of reported Boston homicides involve drug use or dealing. Studies also show, on the other hand, that while drug trafficking is a relatively infrequent cause of homicide, it does provide a context in which homicides become more likely to occur.

The police officer’s comment about the quiet neighborhood being a good place for illicit meetings brings up an important search and seizure concept. Many allegedly illicit meetings occur in high-crime areas, not quiet neighborhoods like the one from this news story. Often times, police officers stop persons in high-crime areas based on merely a “hunch,” and this is unlawful. Simply being in a high-crime area is not enough to justify a stop because otherwise, people who live and work in high-crime areas would be left without the protections of the Fourth Amendment.

If you would like to speak with a defense attorney about any criminal issue, call Altman & Altman LLP.

Continue reading "Body Found in a Car in Roslindale; Police Suspect Drugs as Motivation " »

Eighteen individuals have been arrested on cocaine trafficking charges after a drug bust in Dorchester. Federal prosecutors identified Michael T. Williams as the alleged kingpin in papers filed with the U.S. District Court today. They allege that he has been buying kilos of powder cocaine and turning it into crack in a family-based drug ring that has been operating since the 1990s. They have moved to seize four homes in the Dorchester neighborhood, including three adjacent multi-family houses on Greenwood Street, which prosecutors allege to be at the heart of the operation. In addition to the Greenwood multi-families, they have moved to seize a house at 8 Peacevale Road, which they allege was used by one of Williams’ associates.

Federal, state and local police targeted Williams in July 2009 when an unidentified person came to Boston’s DEA office with information. A press conference will be held today at the office of U.S. Attorney Carmen Ortiz.

This is the second major cocaine bust this week. On Monday night, 200 pounds of cocaine were seized and two men were arrested after federal, state and local police allegedly watched them unload cocaine in Revere.

These individuals will all need the help of criminal defense attorneys, and our experienced lawyers at Altman & Altman can provide the aggressive defense that cocaine trafficking charges require. Trafficking is the most serious of all drug crimes, and a federal cocaine trafficking charge carries a 5-year mandatory minimum and up to 40 years for a first offense. These investigations tend to be far-reaching, and even more individuals than the 18 who have been arrested may be under investigation. If you have been arrested, charged, or suspect that you are under investigation for drug trafficking or any other crime, call a defense lawyer.

Source: The Boston Globe, Long-term ‘family-run’ drug ring busted in Dorchester, officials say

Continue reading "Eighteen Arrested in Connection with Alleged Dorchester Cocaine Ring" »

After a drug bust in Revere last night during which 200 pounds of cocaine were seized, Gilberto Cruz Padilla, 24, and Rafael Jesus Montero, 22, were arrested. Today, Judge Dunbar Livingston set their bail at $5 million cash at their arraignment in Chelsea District Court.

It is alleged that the two men unloaded 60 pounds of cocaine from a tractor trailer on Railroad Street while local, state and federal law enforcement watched. At the arraignment today, Assistant District Attorney John Lacey alleged that the two were part of a sophisticated drug organization that planned to sell 200 pounds of cocaine in the Boston area.

The ADA said that Immigration and Customs Enforcement discovered the cocaine in the trailer several days ago at the Mexican border, and an undercover agent was paid $50,000 to drop the truck off on Railroad Street. The truck was kept under surveillance until the two men allegedly came to take the cocaine out of the trailer and stash it in a nearby car. According to the ADA, the men unloaded 30 kilos before the arrest was made.

Padilla is an American citizen who had been living in Tijuana and staying at the Ramada Inn in Dorchester, and Montero is a native of the Dominican Republic who was in the United States illegally for the second time, according to authorities. Both men pleaded not guilty to drug trafficking more than 200 grams today. In addition to being held on the bail, Montero is being held on alleged immigration violations.

These two men are looking at 15 to 20 years in state prison if they are convicted under Massachusetts General Laws Chapter 94C Section 32E. The 15 year mandatory minimum will have to be served before parole will be a possibility. When a federal agency is involved, as ICE was here, defending against a drug trafficking charge can become more difficult because federal agencies have a great deal of resources. Therefore, these two men will need attorneys with resources, skill and experience.

Source: The Boston Globe, Bail set at $5 million cash for suspects in 200-pound Revere cocaine bust

Continue reading "Two Arraigned Today After 200-pound Cocaine Bust in Revere" »

As we end our Thanksgiving celebration for 2010, the Boston Criminal Lawyer Blog brings you yet another reason to be grateful. We, as a society, have made another step forward in the cause of equality. This blog being what it is, of course, that stride involves the criminal justice system. More specifically, it is in the genre of Massachusetts robberies.

We break this “good” news with the story of Cheryl Fitzgerald (hereinafter, the “Defendant”), a young lady who, on September 22nd, is alleged to have entered the Hometown Bank in Webster wearing a New England Patriots cap and giving the teller a note stating “Give me the money. No dye packs.”

The Defendant was arrested on November 7th in Daytona Beach, Florida, and then extradited back to the Commonwealth. Finally, she was arraigned in Dudley District Court and ordered held on $5,000 bail. She stands charged with unarmed robbery and larceny over $250. Since the robbery was of a bank, she could also end up facing charges in federal court.

The investigating detective, Webster police detective and 17-year police veteran James T. Hoover, recognized this robbery as a breakthrough of sorts. He explained, “I have had 15 bank robberies in my career and that is my first woman…that (bank robbery) was our fourth one this year.”

But, a man of the times, Detective Hoover said that the fact that the suspect was a woman was not really much of a shock.

Continue reading "Attorney Sam’s Take: Massachusetts Female Robbery Rate Is Up – Are Drugs The Reason?" »

It did not happen in Boston.. This time. But similar things have happened here. After all, there are often consequences to drug use...whether or not the drug involved is actually illegal.

Marillis Santiago, 22, of Hartford, Conn.(hereinafter, the “Defendant”) has had a rather bad weekend. The local police say that while her 2-year-old son was toddling around, she was smoking marijuana at the kitchen table.

She apparently did not notice that he was playing around the open window (sans screen of course) of the third floor apartment.

I suppose you can guess what happened.

The child thankfully survived the resulting fall, but suffered a bruised liver, a fracture to his right arm and facial lacerations.

Continue reading "Attorney Sam’s Take: Mother Smoking Marijuana Is Arrested In Child Endangerment Case When Child Falls Out Window" »

Many experienced criminal defense attorneys are going to be needed for the 23 alleged heroin dealers arrested in a large raid yesterday. The ongoing joint investigation by federal and Massachusetts law enforcement yielded arrests throughout the Commonwealth, but primarily Brockton.

Naturally, there was an official on hand to accept credit. United States Attorney Carmen M. Ortiz delivered the news that authorities are committed to prosecuting offenders.

“Today’s arrests should be a clear signal to those distributing drugs in our neighborhoods that the federal government is aggressively working with state and local law enforcement to track their movements, find their associates, and close down their operations,’’ she said.

And why shouldn’t she be taking advantage of the publicity? This ongoing investigation has, in less than one month, yielded the arrests of over 55 for narcotics and firearms in two busts alone!

This time, folks, it looks like they mean it!

Continue reading "Attorney Sam’s Take: Ongoing Federal Criminal Investigation Yields 23 More Heroin Suspects In Raids Throughout Massachusetts" »