Boston Criminal Lawyer Blog

Today, the Boston Criminal Lawyer Blog points out that there really can be “heroes” as well as “villains” in today’s modern, if not skeptical, age.

It seems to also be a story of a suspect's alleged consistency.

It was this past Monday. It began when a 34-year-old woman parked her Acura SUV at the Dock Square garage in the North End. Suddenly, out of nowhere, a burly man appeared at her door, speaking calmly and matter-of-factly.

“I need your car, I need your keys,’’ he said.

When she saw the gun in her hand, she knew it was not simply an unlucky gentleman who simply needed an emergency ride to, say, deliver a baby.

He simply wanted to deliver the car...to himself

Continue reading "Assault, License Loss And OUI Charges Apparently Not Enough For Alleged Armed Carjacker" »

It would appear that the people of the Boston area dodged the proverbial bullet when Professor Amy Bishop (hereinafter, the “Defendant”) moved out of state. According to Alabama law enforcement, co-faculty members were not so lucky.

The Defendant stands accused at the moment of gunning down said members at a faculty meeting whereat it was revealed that she was not going to get tenure.

But her latest problems are not her first brushes with guns, assault and the law. In fact, the more the media dig into her past, the more is learned at how she allegedly skated by criminal prosecutions a number of times. Some such skating has left Massachusetts law enforcement officials scratching their heads.

For example, one of the first stories that were revealed were about the suspicions about her connection to an attempted bombing of a professor at Harvard when she worked there. She was apparently trying to become a famous scientist (see discovery of her book from Tuesday’s blog). Her supervisor was purportedly not pleased with her work. He received a bomb in the mail after an alleged dispute with her. Clearly, the federal officials did not believe there was enough to charge her and so nothing happened.

However, a cloud of mystery seems to have developed about that situation with her brother.

Continue reading "Boston Ghosts Of Criminal Past Continue To Haunt Prof. Amy Bishop, Now Accused Of Murders By Firearm" »

Have you heard the one about the professor who is accused of killing three colleagues at the University of Alabama on Friday? They say that Amy B., 44, (hereinafter, the “Defendant”) had been a professor there since 2003. But did you know that she had come from Boston where she had other...lawyer-necessary problems?

The Defendant has made national news since last week. It would appear that she had a difference of opinion at a faculty meeting. They saw her as not tenure material. In response, she saw them as targets. At the end of the faculty meeting, she allegedly opened fire, killing three colleagues and wounding three others.

Of course, this is not the first time she has been connected with weapons in the eyes of law enforcement.

For example, in 1986, she is said to have shot her brother in the back. He died. And the charge of homicide? Well, a State Police investigation report has been released that shows that they had determined that the shooting was merely an accident.

I’ve seen people convicted for lesser accidents!

Continue reading "Former Boston Professor, Now Multiple Homicide Suspect, Is Linked To Previous Shooting And Bombing" »

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)" »

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)" »

There is a tragic scene taking place in north of Boston city of Lynn. It is playing out on the Victim side of the criminal justice equation. It will also likely mean bad news for a particular assailant when it is time for arrest and attorney- life without parole type of bad news.

The family of Vincent G., a 30-year-old man (hereinafter, the “Victim”), faced with determinations of his being brain dead since being shot in the head Sunday morning are planning to remove him from life support.

About the shooting-turned homicide we know only a part. Apparently, at approximately 1:00 a.m. on Sunday, the Victim was shot once in the head outside Soriano’s nightclub in Lynn. His fiancée who was at the scene is said to desperately tried to keep him alive at the scene, giving him CPR as he slowly slipped away in her arms.

The Victim was taken by ambulance to Salem Hospital and then air-lifted to Boston Medical Center.

Originally, the family had hope that the Victim would survive, clinging to promising signs of his occasional blinking or coughing.

“We thought he was going to make it, but he’s brain dead,” explains a family member. “The bullet is still there in his brain and they can’t get it out because his brain is so swollen. So his mom asked us to say our last prayers because she decided to pull the plug.”

Continue reading "Boston-Born Shooting Victim Becomes Homicide Casualty Of Street Crime" »

Today’s Boston Globe tells us the tale of Corey P., 23of Dorchester (hereinafter, the “Defendant”) who now needs a good criminal defense attorney fast. He is charged in connection with a homicide in which a 24-year-old man was stabbed to death yesterday in Brighton, according to police.

This was an area where many students dwell. An officer patrolling near Brighton and Harvard avenues found the stabbing victim about 2:16 a.m. in front of a store on Brighton Avenue, according to police. The officer called for help and began to perform cardiopulmonary resuscitation on the unconscious man. The victim was then taken to Beth Israel Deaconess Medical Center, where he apparently died.

23 minutes after the stabbing, Boston police officers arrested the Defendant. You might think that he was arrested for actually performing the violent knife-weilding which resulted in the death.

You would be wrong

Continue reading "Boston-Area Assault In "College Town" Area Is Murder" »

Aaron C., 30, of Attleboro (hereinafter, the “Defendant”) may be a bit angry today. As I write this, he may even be on the phone calling his attorney to look into suing the authorities for invading his privacy.

It appears that he was making a telephone call and the authorities listened to the conversation…and then they arrested him.

Well, perhaps the surrounding circumstances are worth noting. He was in a police station in Providence Rhode Island at the time. He was being questioned about the murder for which he was thereafter arrested.

You see, the Defendant has been accused of shooting and killing a 67 year-old woman in her Attleboro home.

Continue reading "Massachusetts Man Arrested For Murder Loses Privacy Rights" »

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" »

Yesterday, as you may know, was the Jewish holiday of Yom Kippur. It is known as a day of atonement and many Jews, including this one, fast during the holiday. Perhaps it was because of the day’s lack of food that brought my attention to this particular news story.

Antonio J., 35, of Worcester (hereinafter, the “Defendant”), was apparently quite hungry on August 12, 2009. It was, after all, about 6:45pm, which is around dinner time.

The Defendant happened upon a man who was sitting under a tree eating hot dogs in the park. According to the police, the Defendant mumbled something incoherent to the man. He then made his desire known. “Eat that other dog?” the Defendant asked.

“Yes,” the man replied.

“I’m going to eat it,” the Defendant corrected him as he lifted up his shirt and revealed what appeared to be a handgun.

Continue reading "Theft Of Hot Dog Leads To Armed Robbery Charges And Plea Hearing" »

John K.,27, of Malden (hereinafter, the “Defendant”) is going to have to come up with a lot of money if he wants to go home…unless his lawyer puts in for a bail appeal. Last week, the Taunton District Court judge ordered that be held on $500,000 bail on charges stemming from a Rehoboth home invasion last week.

The Defendant is charged with a collection of charges, including home invasion, assault with a dangerous weapon, armed kidnapping, unlicensed possession of a firearm and masked robbery with a firearm a bit over a week ago in Taunton.

While the details of the incident have been sealed by Judge Richard Savignano, an unusual move in itself, the police have disclosed some information. They claim that the Defendant broke into a home . on Friday at about, bound and robbed a female resident at gunpoint and then drove off in her car.

Rehoboth Police Chief Stephen Enos said the incident appeared to be a random crime. Apparently, however, the spree did not end there.

Continue reading "High Bail Set ForHome Invaision Defendant Facing Assault, Kidnapping and Driving Charges In Two States " »

You know, sometimes it just does not pay to have a conscience! I mean, some Commonwealths just cannot accept an apology without forcing you to get a lawyer.

Take, for example, the case of 31-year-old Juan C., a New York gentleman (hereinafter, the “Defendant”). Saturday night, he was in Lowell when he had a...disagreement with a gas station clerk. Well, it became a bit of a heated disagreement.

Okay, he allegedly pulled a knife and threatened the clerk with it.

Well, ok, that does not look so good I admit. However, the Defendant actually returned to the gas station on Sunday to apologize for his behavior.

The clerk had an interesting way of showing forgiveness...he called the police.

Continue reading "Apologetic Knife-Wielding New Yorker Arrested For Assault With A Dangerous Weapon" »

23-year-old Michael R, (hereinafter, the “Defendant”) had a bad time of it in Cambridge last night. According to the Commonwealth, he was involved in a robbery, before which he fired his gun off. It was an interesting approach, for which he has earned his place in the Boston-area blog and a lawyer.

Of course, law enforcement does not look too kindly upon armed robbers. Even when the treasure sought is so irresistibly valuable as in this case ( an IPhone). They tend to be even less accepting of them when their weapon of choice is a gun and that gun goes off.

The complainant, a 21-year-old Cambridge man, is said to have been drafting a text message on his IPhone when the Defendant approached him from the opposite side of the street. According to the complainant, the Defendant demanded the IPhone.

When the complainant refused to hand over his phone, the Defendant apparently crossed back over to the other side of the street, all the while screaming expletives, The complainant says he then heard two loud bangs, which he believed to be gunshots.

Continue reading "Arrested For Armed Robbery Outside Boston, The Accused Has No Gun" »

First of all, allow me to establish that I am an ardent Beatles fan. Second, let me confess that I have been imbedded in the criminal justice system for about a quarter of a century. As such, there is a certain type of “ear” that I have developed over the years to pick up criminal-justice-related tidbits.

Yesterday, there was a lot of Beatles activity…pretty impressive given that the band disbanded almost 50 years ago. Topping the list of newly released items were a video game and a box set of all the original releases on remastered cds packaged together with video “mini-documentaries”. Naturally, I played the part of consumer. Then, as I contemplated the weekly “Attorney Sam” feature of this daily blog, some of the Beatles’ lyrics came back to me.

There are obvious crime-related Beatles songs. “Maxwell’s Silver Hammer” is such an example. In it, a handful of murders are conducted by our young hero with the aid of his trusty silver weapon which he manages to smuggle in everywhere, including school, court and the local police station. Of course, on the other side of the law, there is “Lovely Rita”. Here, the singer is courting (no pun intended) a meter maid.

The Beatles’ rock ‘n roll view of romance is particular interest. “Why Don’t We Do It In The Road” comes to mind, for example. It could, I suppose be simply walking and whistling a happy tune that the fad four are suggesting, but most people think they are talking about something a bit more sexual in nature. Clearly not a good suggestion. Assuming that one survived the oncoming traffic, one would soon be arrested and prosecuted for a host of criminal acts which fall under the purview of the sexual offender registry. Of course, speaking of which, the song “Little Child”, wherein the singer, who is “sad and lonely” asks a young thing to “take a chance” on him would also interest many prosecutors. Of course, he is suggesting that they only dance…!

I can see the Commonwewlth's sexual assault expert now testifying that "things like 'dancing' are simply a ruse used by the offender who gains the child's trust...!"

Continue reading "Attorney Sam's Take: Can The Beatles Get You Arrested For Domestic Violence Or Other Crimes?" »

The are many theft-related crimes for which one can get arrested in the Boston area. Among the most serious are those of Robbery and Burglary. Both are generally regarded as crimes of violence. Both carry heavy potential prison terms. For both, you had best get an experienced criminal defense attorney to help you at the first possible moment.

The crime of Robbery is basically the taking of someone’s property through use of force. The force can come from a gun, a knife or even a fist. It can be the words “I am going to beat you to a bloody pulp”.

Continue reading "Attorney Sam’s Take: Arrest for Burglary / Arrested for Robbery – What’s The Difference?" »

A grand jury has indicted Plaxico Burress, the former wide receiver for the New York Giants. The criminal charges include two felony counts of criminal possession of a weapon and one count of reckless endangerment.

If convicted for the weapons charges, Burress, 31, could face 3.5 to 15 years in prison. He could be ordered to serve up to one year for reckless endangerment. If he is convicted of all charges, he could serve his sentences concurrently.

Burress already has pleaded not guilty to the weapons charges. He is free on $100,000 bail.

The incident leading to the criminal charges against Burress occurred last November after the football star and Giants linebacker Antonio Pierce went to a nightclub. Burress accidentally shot himself in the thigh and was taken to a hospital.

Burress is not licensed to carry a gun in New York. Just hours before the incident, the Giants had decided he couldn’t play in the next football game because he had strained his hamstring in the leg that he shot.

Pierce was not indicted on any criminal charges.

Burress caught the winning touchdown during last year’s Superbowl when the Giants defeated the New England Patriots. He is currently a free agent.

In Massachusetts, gun charges can be tough to combat unless you’ve got an experienced Boston illegal weapons possessions law firm representing you. The state has very strict gun laws that come with harsh penalties for offenders. However, there may be reasons why weapons possessions charges against you should be dropped or reduced.

Reports: Burress Is Indicted by Grand Jury, Washington Post, August 4, 2009

Plaxico Burress Shoots Himself Accidentally, New York Times, August 4, 2009

Related Web Resources:
Plaxico Burress

The General Laws of Massachusetts

Continue reading "Grand Jury Indicts Former New York Giants Football Player Plaxico Burress on Weapons Possession Charges" »

Hey, remember the old days when a person actually did not have to talk to the police if he did not want to? Those were the days when we had the right to remain silent and…wait a minute. That’s today. So, now I am confused. Why is someone in the Boston area in need of a criminal defense attorney because of his dealings with the police?

I mean, if you can refuse to talk to the police officers, you can lie alittle to protect yourself, can’t you? After all, the law is clear that the police are allowed to lie to non-police types. Fair is fair, right?

Uhh….no. Actually, that would be a felony.

It is a lesson that a co-owner of a Boston nightclub, Shawn D. 29, of Billerica (hereinafter, the “Defendant”) is learning. He has been indicted for allegedly destroying evidence and lying to Boston police as they investigated a shooting outside his nightclub on New Year’s Day.

Continue reading "Boston Nightclub Owner Is Arrested For “Intimidating” The Police In Shooting Case" »

As promised, our weekly "Attorney Sam's Take" discussion completes our examination of how involvement in the criminal justice system effects students.

We have discussed how, beyond the obvious, the arrest of a juvenile student in Massachusetts can seriously effect that student’s future plans. We have also mentioned how the earliest consultation with an experienced criminal defense attorney is vital in order to best attempt to prevent, or at least minimize, damage.

Of course, not all students are juveniles. Some are already adults. There are a few big differences. Remember how I wrote about the Juvenile System’s concerns being primarily rehabilitative? Well, such is not the case with adults. Further, while a juvenile’s prior record is often disregarded…no such luck for the adult.

The result of these differences?

Harsher realities.

Let’s take an example.

Last Thursday, 18-year-old Kyle R. (hereinafter, the “Defendant”) had a bit of trouble with the Taunton police. It seems he is being accused of driving drunk (aka OUI). Well, maybe a little more. He also faces charges of driving so as to endanger, carrying a dangerous weapon, (a spring-loaded folding knife) and violating the terms of a juvenile operator's driving license.

“What brought the lad to the attention of the law?”, you ask.

Well, the police say it was his driving his car into a speed limit sign and a fire hydrant just after 1:00 a.m.

Continue reading "A Boston Criminal Defense Lawyer Discusses Student Arrests And The Resulting Effects On A Student’s Future (Part Two)" »

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

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

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

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

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

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

I remember years ago, before I was a lawyer, growing up in the Boston area and hearing commercials about what happens if you are arrested for possessing a gun. “If you are caught with a gun”, I recall it saying, “you will go to jail for one year…and nobody can get you out”. The tone of the announcement made it clear that the possession of guns was behind the ever-worsening crime problem.

And, then, came the other public service announcements which declared, “Guns don’t kill people, People kill people.”

And so it seemed to me that the obvious solution would be to simply send the guns to jail for a year with no hope them of getting out.

Then came my education at the hands of the Boston University School of Law, the Kings County District Attorney’s Office and, finally, my many years as a Massachusetts criminal defense attorney. Throughout these years, I have seen the gun issue from many different perspectives. All of these perspectives get a voice in the realities of the criminal justice system.

The result?

There is no one clear and simple answer as to how gun possession is handled by the courts. As with most things in the criminal justice system, it depends on the circumstances. There is no simple, issue-free gun possession case. This is why you need an experienced criminal defense attorney to guide you through the morass of potential scenarios when facing prosecution for possessing a firearm.

And that is why this week's Attorney Sam's Take discussion is about gun possession in Massachusetts.

Continue reading "Got Guns? A Boston Criminal Lawyer Discusses Firearms Possession In The Commonwealth" »