Boston Criminal Lawyer Blog

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)" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Criminal Law , Illegal Weapons Possession , Juvenile Crimes , OUI/Drunk Driving

Bookmark:

Sunday’s Boston Herald, along with several other local newspapers, focused on a particular aspect of a recent Framingham murder case. In the Herald, the headline read, “Suspect in Framingham stabbing has long police record”. While said record is normally inadmissible in court (except under certain circumstance) it is, for now, a noteworthy part of the story as far as the public is concerned. It is yet another illustration of what the Boston Criminal Lawyer Blog has long been warning Massachusetts readers, particularly the young among us. Namely, the errors one makes in the past, even while a juvenile, can greatly affect our future in terms of criminal justice.

The man accused of the homicide in this case is 19-year-old Dan G. (hereinafter, the “Defendant”). He is charged with Murder in the First Degree in connection with a fatal stabbing in Framingham which is said to have occurred on June 14th. While one would imagine the circumstances surrounding the attack would be the focal point of the public’s interest in the matter, said facts now seem to have taken a back seat to the Defendant’s criminal history. Yes, this would include his juvenile history which, of course, is usually considered “sealed” and inadmissible against him.

The Defendant is currently being held without bail. Part of the reason for this may well be his present circumstances. After all, Murder 1 is considered the most serious of crimes and, in fact, carries a sentence of Life without the possibility of parole in the Commonwealth. Further, the Defendant’s own statement, not surprisingly, does not help his situation. He is reported as saying that he does not remember stabbing the victim, but does recall standing over him holding a bloody knife.

The Defendant’s familiarity with knives, remembered by him or not, has now become of interest to the public. That familiarity, of course, is intimately entwined with his prior criminal record. For example, on April 7th, he is said to have used a knife to threaten a group of teenagers he claims were about to fight one of his friends. While you might see that as self-defense, or the defense of another, the Commonwealth did not see it that way. Law enforcement, no great fan of knife-waving “vigilante” protectors, arrested the Defendant and charged him with assault with a dangerous weapon.

It likely did not help that the friend the Defendant had been trying to protect went public with the notion that the Defendant was “intimidating”, which is why he had enlisted his aid in the first place.

Continue reading "Murder Suspect Is Jailed Without Bail Pending Probation Surrender As Boston-Area Media Focuses On His Prior Criminal Record" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Criminal Law , Juvenile Crimes , Murder , Probation Violations

Bookmark:

This week, the daily Boston Criminal Lawyer Blog examined various news stories about a particular large population in the Boston area, namely, students. Whether it be graduate school, college, high school or even grammar school, a momentary, perhaps youthful, mistake can bring a postponement or even end to a lifetime of future dreams for that student and accompanying family. Now, as schools are adjourning for the summer, and graduations are upon us, our weekly Attorney Sam’s Take discussion looks directly at how the criminal justice system, and its results, can effect Massachusetts students.

There is a lot to say, so this week’s Discussion is a two-parter, which will continue into and conclude tomorrow, Friday, June 12th.

How many times have you read about a youth getting arrested and thought, “Well, it’s a kid. A juvenile. What can they do to a kid…spank him?”

Well, no. Spanking has been off the criminal justice books for many a decade.

However, the myth that juvenile offenders cannot be damaged by the justice system, although widely believed, is not really true. Most kids, of course, do not realize that. This is why many ongoing criminal enterprises, such as drug traffickers, are often able to use juveniles to do the “dirty work” of street selling. They convince the young eager entrepreneur that “the law” cannot really touch him/her and so, while the chance for money is high, the accompanying risk is low.

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

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Criminal Law , Federal Crimes , Juvenile Crimes , Sexual Crimes

Bookmark:

The Cambridge Rindge and Latin High School graduation was last week. One of the hopeful graduates, 17-year-old Pauline F. (hereinafter, the “Defendant”) was all set to take that exciting step. But things did not go as planned. Now, she needs something else…a lawyer.

You see, the Defendant was arrested at the site of the graduation before she could actually receive her high school diploma.

Police Officer Sean Lowe was working a paid uniform detail for the graduation when a commotion erupted as more than 300 cap-and-gown clad graduating students lined up to walk across the stage. According to law enforcement, the Defendant, dressed in her black graduation gown, was shouting obscenities while pacing back and forth and crying.

And why was she crying?

Well, apparently, CRLS Principal Christopher Saheed and John Silva, the security director at the high school, had told the Defendant that she would not be allowed to walk across the stage with her class. Perhaps determined not to ruin the day, the Defendant is said to have threatened that she would walk across the stage anyway and that she would slap any officer who got in her way, according to police reports.

Yes, that would be “slap” as in “assault and battery”.

Continue reading "Boston Area High School Student Arrested For Assault Threats At Graduation" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Juvenile Crimes

Bookmark:

Ok, you are sitting in your home around Boston. You hear a police car, sirens screaming, speeding down the street. You momentarily jump because of that old warrant you used to have pending against you. Then, you relax; you remember that, after you started reading this daily blog, you contacted an experienced criminal defense lawyer and cleared the warrant, and the case attached to it,up.

But then, you remember that said nasty stain still exists on your otherwise clean criminal record, or, as it is more commonly called, "CORI".

What to do?

Is there anything you can do?

Well, there might be, depending on the circumstances. Massachusetts law has changed over the years regarding the possibilities and procedures of the expungements (erasing) and sealing of criminal records.

Totally erasing any sign of a criminal matter is not generally possible in the Commonwealth. That solution is basically left for instances where the wrong person was arrested.

No, that does not mean if your defense in the case was "I didn't do it".

Continue reading "Sealing criminal records in MA- How a defense attorney can expunge/seal your record." »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Criminal Law , Expungement/Sealing Record , Felonies and Violent Crimes , Juvenile Crimes , Misdemeanors

Bookmark:

According to Equal Justice Initiative, there are more than 2,000 prisoners serving life sentences without parole for crimes that they committed when they were younger than 18. At least 73 of these offenders were just 13 or 14 at the time.

The US Department of Justice says that the trend of giving minors life prison sentences began in the 1990’s when there was a dramatic increase in homicides committed by juveniles. The nationwide crackdown also resulted in certain minors being tried in adult courts.

Now, Oregon, Alaska, New Mexico, Colorado, and Kansas are the only US states where a minor can’t be sentenced to life without parole. 19 US states allow children younger than 14 to be sentenced to the same terms. Pennsylvania has almost 500 prisoners that committed crimes when they were minors and who are now serving life terms without parole.

Recently, lawmakers in certain US states began to push for changes in their laws. In 2006, Colorado got rid of the sentence of life in prison without parole for minors convicted of crimes. Legislation is being considered at the federal level that would allow juvenile offenders to avail of parole. Meantime, in California, Senator Leland Yee introduced SB 999 that allows for the sentences of juveniles serving life in prison to be reevaluated after 10 years for parole.

While supporters of the practice of sentencing minors to life sentences say this punishment is sometimes necessary to keep society safe, opponents call life prison sentences for juveniles a “cruel” punishment for such young offenders. There are even two juvenile offenders who received the lifelong sentences for crimes other than murder.

Antonio Nunez, then 14, was convicted of armed kidnapping in 2001. Joe Sullivan received his lifelong sentence for raping an elderly woman in 1989. Sullivan is mentally disabled and was 13 when the sexual assault incident happened.

According to Equal Justice, most juvenile offenders who are ordered to spend their lives in prison without parole usually had to endure violence, poverty, or drugs while growing up.

When tried in adult court, juveniles can be at a huge disadvantage unless they are represented by an experienced juvenile crimes lawyer.

Teens locked up for life without a second chance, CNN, April 8, 2009

Nearly 500 teens serving life terms in Pa. prisons, Post-Gazette, April 8, 2009

Bill Introduced to Reform Life Sentences for Minors, California Chronicle, April 8, 2009

Related Web Resources:
Equal Justice Initiative

Juvenile without Parole Fact Sheet, Citizens for Juvenile Justice (PDF)

Read the Equal Justice Initiative Report

Continue reading "More than 2,000 US Inmates Sentenced to Life in Prison Without Parole Committed Their Crimes When They Were Minors" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Felonies and Violent Crimes , Juvenile Crimes , Murder

Bookmark:

In Massachusetts, Holbrook police are investigating a complaint by a juvenile girl that videotaped footage of her having having sexual intercourse with her boyfriend was texted to classmates and friends. Both the girl and her boyfriend are minors. The Norfolk District Attorney is investigating the girl’s claims and a “statutory rape” charge may be filed.

This is not the first Massachusetts sexting incident to garner media attention. Earlier this month, three students from Mansfield High School were suspended. They are accused of downloading naked pictures of a classmate who is a minor. The pictures were also posted on the Internet and handed out in print format around the Massachusetts school.

Last month, a number of middle school students in Falmouth were accused of transmitting naked pictures of a 13-year-old female via text message. In January, over 100 cell phones in Billerica may have received and/or sent a naked picture of a 14-year-old girl.

In Massachusetts, sexting is being treated as a sexual crime that could result in adult charges and penalties, including time behind bars and mandatory registration as a sex offender. Meantime, prosecutors in other US states are also treating this latest teen craze seriously.

In Pennsylvania, a 15-year-old girl is suing a local prosecutor who is threatening to file an open lewdness charge against her and a friend for taking pictures of themselves in their bras and transmitting them via text. The teen, Marissa Miller, claims she did nothing wrong.

In another sexual crimes-related case involving a teenager using current technology to express her sexuality, child pornography and distribution of child pornography charges were filed in New Jersey against a 14-year-old girl who posted almost 30 nude pictures of herself on her MySpace Web site.

These arrests are sparking a debate on whether filing criminal charges is the right penalty for these teens, especially as many of them may not even be aware they are breaking the law.

’Sext’ flick shocker: Holbrook police investigating phone video, Boston Herald, March 30, 2009

Girls threatened with porn charge sue prosecutor, AP, March 26, 2009

NJ girl, 14, arrested after posting nude pics on MySpace, Boston Herald, March 27, 2009

Related Web Resources:
Juvenile sex crimes far from uncommon, WickedLocal.com, February 10, 2009

‘Sexting’ in Massachusetts Could Lead to Child Pornography Charges and Sex Offender Status, Altman & Altman, LLP, March 24, 2009

"Sexting" Shockingly Common Among Teens, January 15, 2009

Massachusetts Sexual Offender Registry

Continue reading "Holbrook Police Investigate Massachusetts Sexting Case Involving Teen Minors Having Sex on Video; Statutory Rape Charge May Be Filed" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Felonies and Violent Crimes , Juvenile Crimes , Sexual Crimes

Bookmark:

In the United States, a number of arrests involving teenagers and young adults ‘sexting’ have led to media speculation about this new activity that has grown popular among young people. ‘Sexting,” involves sending nude or semi-nude pictures via text message.

While this may appear like a new and harmless way for teenagers especially to express their raging hormones, law enforcement officials and school authorities are taking this new form of texting seriously. Students in at least 12 US states have been charged with possessing and sending child pornography.

In Massachusetts, six Falmouth middle school students, ages 12 to 14, were brought in for questioning over a picture of a partially nude 13-year-old girl that was sent via text message in January. Five of them may face child pornography charges. If convicted of this Massachusetts felony crime, they would have to register as sexual offenders.

In Kansas, seven people, including five minors were arrested for using their cell phones for ‘sexting’ nude photos. In California, Orange County middle school students were suspended after a 14-year-old girl’s nude pictures were sent via text to other students.

According to the National Campaign to Prevent Teen and Unplanned Pregnancy, one in five teenagers admits to sending out semi-nudes or nude photos of themselves via text messaging. 39% of teens say they have sent sexually suggestive messages, while 48% say they have received such messages.

In many instances, a ‘sexting’ youth may not even know that he or she is doing anything illegal and is just having fun or trying to fit in. Yet ‘sexting’ is hardly a child’s game, considering that a felony charge for child pornography can have serious, adult-like ramifications.

Report: Boy Won't Be Charged In 'Sexting' Case, WBZ.com, March 7, 2009

Los Alamitos Students Caught 'Sexting,' MSNBC.com, March 19, 2009

'Sexting' Teens May Face Child Porn Charges, ABC News, February 12, 2009

Related Web Resources:

Sex + Texting = Sexting, Washington Post, December 10, 2008

National Campaign to Prevent Teen and Unplanned Pregnancy

Continue reading "‘Sexting’ in Massachusetts Could Lead to Child Pornography Charges and Sex Offender Status" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Felonies and Violent Crimes , Juvenile Crimes , Sexual Crimes

Bookmark:

Police in Massachusetts say they believe that the increase in car break-ins, burglaries, scams, larcenies, and domestic violence crimes throughout the state can be attributed to the recent economic crisis. For example, the Boston Globe is reporting that in:

• Lawrence, Massachusetts: Burglaries have already increased by 52% compared to last year.
• Lowell, Massachusetts: There has been a 21% increase in thefts and larcenies, as well as an increase in fraud cases.
• Hingham, Massachusetts: Between October 2008 through February 2009, there were 57 reports of domestic violence-related crimes (up from 35 domestic violence incidents the year prior).
• Boston, Massachusetts: While large crimes are down throughout the city, certain areas have seen an increase in robberies, thefts, and burglaries.
• Between January 1 through March 1, 2009, the Suffolk district attorney’s office assessed 256 child abuse cases, which is almost twice the number of cases reported for the same period in 2008.

According to police, loss of work, loss of income, foreclosures, and loss of quality of life may be leading to desperation, frustration, anger, stress, arguments and fights between couples and business partners, drinking, and drugs.

Police departments throughout Massachusetts are also reporting some unusual crimes that could be a further reflection of the tough times that people are facing:

• A Ludlow bank was robbed two times in a little over a year in a town that hadn’t experienced a bank robbery in 20 years.
• In Hingham, one man was accused of assaulting his spouse after he was laid off from work.
• One Quincy theft crime that occurred last December involved robbers taking three snowplow blades.
• Domestic violence programs throughout Massachusetts are reporting an increase in the number of battered women asking for help.

It doesn’t help that the economic crisis is forcing police departments to cut back on budgets, which means there are less resources and staff to deal with the increase in Massachusetts crimes.

Economy fuels rise in crime, police say, Boston.com, March 10, 2009

Massachusetts Crime Rates 1960 - 2007, Disaster Center

Related Web Resources:
Massachusetts State Police

Continue reading "Massachusetts Police Say Economic Woes Have Led to More Break-Ins, Larceny, Domestic Violence, and Other Crimes" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Domestic Violence , Drug Offenses , Felonies and Violent Crimes , Illegal Weapons Possession , Juvenile Crimes , Misdemeanors , OUI/Drunk Driving , Robbery , Theft Crimes

Bookmark:

In Massachusetts, the Supreme Judicial Court has struck down a law that lets the state keep juvenile offenders that it considers dangerous for another three years after they turn 18. Under Massachusetts’ extended commitment law, the Department of Youth Services is allowed to hold juveniles until age 21. The state's highest court, however, is now saying that the the law violates the youths' constitutional rights.

The court issued its ruling in a case brought by three juveniles. The court says the law does not clearly define what “dangerousness” means. Previously, the law had a requirement that the threat of physical dangerousness had to connected to a mental condition that would make it hard for a person to practice self-restraint. That requirement, however, was dropped in 1990.

The court also said that it in 2004, it told the Legislature that it was seriously worried about the law’s constitutionality and asked them to try and fix its flaws. According to Children’s Law Center of Massachusetts deputy director Barbara Kaban, the court's ruling shows that the state will not detain someone based on an allegation of dangerousness if the meaning of what that danger actually consists of is unclear.

The juveniles that brought the case had been detained for a number of crimes, including assault and battery with a dangerous weapon and larceny. The three youths have been in DYS custody since they were 16. While they were put on probation at first, all three of them violated their probation terms and were sent back to the juvenile detention facilities. The DYS applied for extended commitment orders for all three youths before they turned 18.

A DYS spokesperson says that following the new ruling, some 12 youths between ages 18 and 21 who are still in DYS custody will likely be released.

Juvenile Defense
The state of Massachusetts uses a completely different system for juveniles and adults when prosecuting crimes. There are steps that can be taken to protect the rights of your son or daughter and to minimize the impact of being charged with a juvenile crime.

Court: State can’t hold youth 3 extra years, BostonHerald.com, February 13, 2009

Juveniles' release after 18 backed, The Republican, February 11, 2009

Related Web Resources:
Massachusetts Department of Youth Services

Juvenile Court Department, The Massachusetts Court System

Continue reading "Massachusetts Supreme Judicial Court Says Juvenile Offenders Can’t Be Held An Extra Three Years After Turning 18" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Juvenile Crimes

Bookmark:

It was not downtown Boston, but downtown Northampton that hosted a concert featuring a jam band known as the Disco Biscuits, resulting in fourteen arrests. The somewhat unusual scene apparently led suspects laughing all the way to meeting their attorneys at Northhampton District Court where they were advised of their charges.

The nature of the charges? Drugs and juvenile in possession of alcohol.

But there was a twist in this one.

Perhaps inspired by the noteworthy performance of the late Heath Ledger as The Joker in 2008’s blockbuster film “The Dark Knight”, some of those arrested were in possession of tanks containing nitrous oxide.

You may have heard of it as “laughing gas”.

Police found that the suspects had set up metal cylinders of nitrous oxide in various locations, including one police discovered in alley off King Street right next to the theater. They were selling balloons filled with the gas for $5 apiece, Police Capt. Kenneth A. Patenaude said.

About a half-hour later, a crowd of 40 to 50 youths led police to discover another tank set up in the alley next to Florence Savings Bank on Pleasant Street. Yet another of the tanks was confiscated Saturday night from a room at the Quality Inn after a disturbance was reported there, according to Patenaude.

Continue reading "Unusual Drug Bust Outside Of Boston No Laughing Matter" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Criminal Law , Drug Offenses , Felonies and Violent Crimes , Juvenile Crimes , Misdemeanors

Bookmark:

Lack of good judgment, while not a crime in itself, easily causes arrests. Here are two stories from the Boston area which illustrate this point and show how bad judgment can be expensive in the way of time, money, stress and the overall need for a defense attorney.

Beverly Police have charged two men are charged with the rape of a woman after a party and a night of drinking and smoking marijuana over last weekend. Another man known only by his first name (hereinafter, “Unknown Defendant”) could also face charges — if he is ever identified.

Terrence C, 17, of Beverly and Derek B, 18, (hereinafter “Defendants 1”), of East Bostonare the two identified defendants.

The rape reportedly happened on December 19th at a Cabot Street apartment and was reported to police just after midnight on Sunday morning, December 21st when the victim showed up at the Beverly Hospital emergency room. Beverly Police arrested the two men about 9 a.m. on Sunday.

The complainant, who is 18 years old, told police that it all began at a house party on Friday when the victim and the men went to one man’s apartment because he was under house arrest with a bracelet and had to be home, according to the police report.

Apparently, being under house arrest with a bracelet on is not a sign to be wary to today’s youth.

When they arrived, the complainant told police she gave Unknown Defendant $30 in cash to buy her Mike’s Hard Lemonade and grape vodka. When they returned to the apartment they all smoked marijuana and drank together, the complainant told police.

Just another typical Friday night in the ol’ north shore!

Continue reading "Love, Drugs, Sex, And Violence Outside Of Boston – Defense Attorney’s Needed" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Drug Offenses , Felonies and Violent Crimes , Illegal Weapons Possession , Juvenile Crimes , Misdemeanors , Rape , Sexual Assault , Sexual Crimes

Bookmark:

Maybe we are taking the wrong approach when a juvenile brings a gun to school. After all, especially after the rash of teen-aged rampages at schools, where people were murdered, we have taken the child/gun combination very seriously. Maybe this has been a mistake.

Perhaps we should embrace it! Maybe make Uzi Firing 101 a required high school course. Actually, perhaps that is starting too little and too late. The answer may be to have each homeroom class in grade school assigned an actual tank and the kids can take turns practicing on it. I realize it may pose a bit of a problem with home-schooled kids. Tanks are big. Not all homes can accommodate one. But all kids deserve a full education. Perhaps the home-schooled kids, and kids too young for school, can be allowed to “skate by” with bazookas!

“Ok”, you yell as you back-hand your computer monitor. “Sam’s finally gone over the deep end!”

Really?

Well, perhaps you can explain to me the "brain trust" targeted by a new indictment that just got handed down in Hampden Superior Court. I warn you in advance, though, it is not a funny story.

The incident happened on October 26, 2008 at Massachusetts’ Westfield Sportsman’s Club (hereinafter, “Club Defendant”). There, men go to “be men” and boys go to be…the same as men, I guess. After all, if a man can handle a cute little uzi sub-machine gun, can’t a young child? And, after all, what does age matter? If a teenager can do it….then an 8 year old can, right?

Now, I could ask “why would you want them to?”, but instead of asking a question, I will simply answer. The answer is, “Well, not really.”

But, then, I guess hind-sight is 20/20 and, after all, I have the benefit of knowing what happened. How could anyone prior have even considered the possibility that giving an 8 year old little boy an Uzi to fire was a bad idea?

Well, they are considering it now; the boy is dead.

Continue reading "Massachusetts Gun Club And Police Chief Among Those Indicted For Young Child’s Homicide" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Criminal Law , Felonies and Violent Crimes , Illegal Weapons Possession , Juvenile Crimes , Misdemeanors , Murder

Bookmark:

North Attleboro, Massachusetts, had more than its fair share of attempted escapes from law enforcement last week. Two such cases graced the hallowed halls of Attleboro District Court last Friday.

One case involved some teenagers who led the police on a high-speed chase into the welcoming arms of Rhode Island. The teens, a 15-year-old girl and three lads of 17, all of Providence, (hereinafter, “Defendants 1”) ,allegedly broke into vehicles at an Attleboro movie theatre and then took off in a stolen car.

Defendants 1 then led the police on a chase on Interstate 295 at speeds up to 100 miles per hour. Once they reached Rhode Island, the North Attleboro police broke off the chase.

Home free?

Afraid not.

Three of them were returned to Massachusetts (one is trying to fight extradition) to answer charges of breaking and entering, vandalism charges and possession of a stolen motor vehicle. The driver also faces traffic offenses.

You see, the North Attleboro police are not alone in the world. They have friends. Take Rhode Island law enforcement, for example. Rhode Island authorities picked up the chase, which ended on Route 7 in Smithfield, R.I., when the vehicle crashed into a brushy area off the highway.

So, other than the Massachusetts charges, they all now all face related charges in Rhode Island.

While two of the above-mentioned boys were arraigned in North Attleboro District Court last Friday, they had plenty of people to talk to. For example, there was Dennis W., 23, of North Attleboro (Hereinafter, “Defendant 2”). The police say that Defendant 2, an alleged drunk driver, struck a utility pole and drove off before calling a friend to drive his car.

Continue reading "Massachusetts Alleged Drunk Drivers And Robbers - Escape Statistics Are In: You Are Losing" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Federal Crimes , Felonies and Violent Crimes , Illegal Weapons Possession , Juvenile Crimes , Misdemeanors , Murder , OUI/Drunk Driving , Robbery , Theft Crimes , Traffic Violations , Vehicular Crimes

Bookmark:

When I was a kid, we had a thing called “show and tell” in which you could bring in something you thought was “cool” to show the class and maybe play with when the teacher was not looking. It was fun. For some reason, it never occurred to me to bring a weapon in to play with.

I guess times have changed.

Back then, I suppose, if I had brought some weapon in, my parents would have been called and I might be suspended. Today, though, it is the police who are called and it can mean incarceration.

Take a certain 14-year-old student (hereinafter, “Defendant 1”) at Silver Lake Regional Middle School in Kingston, Massachusetts, for example. A pellet gun was found in his locker, according to the Patriot Ledger.

On Thursday morning, a school staffer found the gun in a plastic bag. Police were called to the school, and Defendant 1 was arrested. Police said that the juvenile showed the gun to other students, which is how it the staff became aware of it.

14-year- old Defendant 1 was charged with carrying a weapon on school grounds and disturbing a school.

Over-reaction?

Continue reading "Massachusetts Juveniles Bring Weapons To School, Assault Students And Are Prosecuted" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Felonies and Violent Crimes , Illegal Weapons Possession , Juvenile Crimes , Misdemeanors

Bookmark:

Prosecutors on Friday filed a motion to dismiss one of the 1st degree murder charges against the 8-year-old boy who is accused of shooting his father and another victim. The boy’s father, Vincent Romero, and Tim Romans, Romero’s roommate, died from injuries they sustained in the shooting.

According to police, the boy confessed to shooting the two men in their home using a .22-caliber rifle on November 5, 2008. They recorded his confession on video.

A CBS legal analyst, however, called the interrogation of the boy “absurd.” Lisa Bloom noted that children younger than age 12 are susceptible to telling adults what they want to hear during questioning. She pointed out that the boy’s confession came only after a police officer questioned him repeatedly and prior to that the 8-year-old denied shooting the gun that killed Romero and Romans.

The boy did not have an attorney, legal guardian, or parent present during the interview by the two cops who were armed, and he was not read his Miranda rights. Other legal and child psychology experts are questioning whether the boy’s videotaped confession will be admissible in court.

Prosecutors say the boy was interviewed because they initially believed he was a victim. An assistant federal public defender says the interrogation should have stopped once the boy became a suspect.

The boy’s two 1st degree murder charges were filed in juvenile court, but St. Johns Police Chief Roy Melnick says he will try to have the boy prosecuted as an adult. To date, however, an 8-year-old has never been tried as an adult in criminal court.

Trying Juveniles in Adult Criminal Court
Sometimes, the severity of a juvenile crime may allow prosecutors to charge a juvenile in adult criminal court, where the penalties are much more severe.

Lawyers Drop One Murder Charge Against Boy, CBS News, November 22, 2008

Experts Doubt That 8-Year-Old’s Taped Confession in Double Killing Is Admissible, New York Times, November 21, 2008

Related Web Resource:

CBS News Video provided by YouTube

Continue reading "Prosecutors File Motion to Dismiss One 1st Degree Murder Charge Against 8-Year-Old Boy Accused of Shooting His Father and Another Man" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Felonies and Violent Crimes , Juvenile Crimes , Murder

Bookmark:

Remember the old cliché “The apple does not fall far from the [alleged] tree”? Well, this North Attleboro tree is apparently growing in the local district court on the criminal justice side of the street.

Last Thursday, a 48 year-old single mother, (hereinafter, “ Mommy Defendant”), was arrested and ordered to stay away from the North Attleboro Middle and High school after she allegedly threatened the middle school principal. This alleged event took place after her son (hereinafter, “Sonny Defendant”), was arrested for an unrelated incident at the school.

Mommy Defendant is said to have driven to the middle school and made threats to kill Principal Victoria Ekk with a gun while in the school office in front of onlookers. Mommy Defendant, however, denies the charges and has pleaded “not guilty” to threats of uttering threats to kill, disturbing a school assembly and disorderly charges.

Her lawyer described Mommy Defendant as a hardworking woman trying to raise a family while working two jobs to make a living. "She has no gun. She doesn't even know how to use a gun. She's a single mother struggling to pay bills and raise three children," the lawyer said.

In fact, school officials had determined before police arrived that Mommy Defendant had no weapon, according to a police report.

Mommy Defendant’s lawyer also described the scene a bit differently, indicating that she had gone to the office calmly and denies making threats or causing a disturbance.

Continue reading "Assault On Police And Threats Of Violence Alleged At Massachusetts School" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Felonies and Violent Crimes , Illegal Weapons Possession , Juvenile Crimes , Misdemeanors , Murder

Bookmark:

Friday night was a big night for Massachusetts law enforcement in the prosecution of juvenile alcohol parties and narcotics investigations.

In Danvers, An investigator's patience paid off as he sat back and watched an alleged drug deal, stopping the car afterwards. He found a wide variety of drugs in the car, police said yesterday.

Danvers Police Lt. Carole Germano said Detective Robert Sullivan was staking out a Newbury Street business at 10:15 p.m. Friday. "He had set up surveillance in the Motel 6 parking lot and he observed a hand-to-hand (pass) and subsequently stopped the vehicle and seized the drugs and currency," she said.

The stash allegedly found included cocaine, heroin, Vicodin and other prescription drugs inside the car, as well as an undisclosed amount of money.

Darren L., 40, and Twyla H., 27, (hereinafter, “Defendants 1”), both of Lynn, were arrested and charged with conspiracy to violate a drug law, drug violation near a school or park, possession of Class A drugs to distribute, possession of Class B drugs to distribute and three counts of possession of Class C drugs to distribute.

The stop of the car was also occasioned by the driver’s alleged failure to stop at a stop sign, winning her an additional criminal charge.

Meanwhile, in Plainville, Massachusetts, thirteen youths, all under 21 years old, (hereinafter, “Defendants 2”) were having their weekend ruined. They were arrested at a party with underaged drinking Friday night, police said.

Continue reading "Arrests Made During Investigations Concerning Juvenile Alcohol And Drug Traffic North And South Of Boston" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Criminal Law , Drug Offenses , Juvenile Crimes , Misdemeanors , Traffic Violations , Vehicular Crimes

Bookmark:

In Massachusetts, Boston police made six arrests in connection with a robbery. One of the men who was apprehended, 22-year-old Edwin J. Prosper, was charged with several counts of unlawful weapons possession after police caught him sitting on three 9mm semiautomatic handguns while in a wheelchair. The arrests occurred on Saturday as Boston police officers were investigating an armed robbery report involving two men who say that a group of men confronted them and stole their cell phones.

The robbery victims chased their assailants to an apartment building on Pilsudski Way, where they were held at bay by two people with guns. The victims then ran from the scene but returned with police who entered the building and brought out six males and three females.

Only Prosper was apprehended with any weapons in his possession. One of the handguns he was sitting on has laser sight and the other two have high-capacity magazines. At the time of the arrest, Boston police say it was unclear whether the 22-year-old was disabled, hurt, or using the wheelchair as his prop.

Prosper is scheduled to be arraigned at South Boston District Court on Monday. Four of the other men and a 15-year-old boy face charges of intent to rob and armed assault.

Illegal Weapons Possession
In Massachusetts, it is against the law to own a weapon if you don’t have a Firearms Identification Card. In order to obtain an FID, you have to pass a federal NCIS check.

Even if you are arrested for a crime that has nothing to do with the gun in your possession, ou could face criminal charges for illegal weapons possessionif you don't have the legal paperwork authorizing you to own or carry a gun in Massachusetts.

Boston Police: Man in wheelchair sitting on guns, MSNBC, November 2, 2008

Suspect allegedly hid guns in his wheelchair, Boston.com, November 1, 2008

Related Web Resources:

Massachusetts Law About Weapons, Massachusetts Trial Court Law Libraries

The General Laws of Massachusetts

Continue reading "Massachusetts Man in Wheelchair Was Sitting on Guns, Say Boston Police Following Illegal Weapons Possession Arrest" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Felonies and Violent Crimes , Illegal Weapons Possession , Juvenile Crimes , Robbery

Bookmark:

In Massachusetts, an arrest has been made in connection to the underage drinking party where 17-year-old Taylor Meyer was last seen. Meyer’s body was found on October 20 following an exhaustive search involving fire, police, and rescue teams.

The Plainville teen disappeared on October 17 after leaving the party. Meyer wasn’t reported missing until the next day. While family thought that the King Philip High School senior was with friends, her friends thought she was with family.

Officials say that Meyer’s cause of death was drowning. Her body was discovered in a marshy area close to Miller Street bridge.

This week, Christopher Moran was arrested in connection with the underage drinking party. Moran reportedly told police that he brought 12 beers to the party and that he got the beers from his parent’s refrigerator.

Some 20 teens attended the party, which was held at an abandoned Norfolk airport. The teens reportedly drank beer and vodka. Police have been investigating how the teens were able to obtain alcohol for the party.

• In Massachusetts, it is illegal to give or buy alcohol for anyone younger than 21.
• Also, anyone younger than 21 who is caught with or around alcohol or drugs is subject to arrest.
• Parents may be contacted if the teen is under 18.
• The parents of minors who host house parties where alcohol is accessible can be held liable in both civil and criminal courts.

Teen Arrested In Fatal Drinking Party Probe, The Boston Channel, October 30, 2008

Police launch criminal probe into Taylor Meyer’s death, Boston Herald, October 29, 2008

Autopsy shows no foul play in Taylor Meyer’s death, Boston Herald, October 22, 2008

Drinking Party That Ended In Teen's Death Eyed, The Boston Channel, October 29, 2008

Helping teens stay safe during party season, Wicked Local, May 16, 2008

Laws Related to Alcohol, MIT.edu

Continue reading "Norfolk Teen Arrested in Connection to Fatal Underage Drinking Party" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Juvenile Crimes

Bookmark:

In Massachusetts, four teenagers from Framingham High School were arrested on Monday after they were caught smoking marijuana behind the school. The teens are four boys, ages 14, 16, and two 15-year-olds. They were charged with marijuana possession and released to their parents custody.

According to the school official that discovered the boys while they were smoking pot, one of the teens was carrying a small bag of marijuana, as well as a pipe for smoking the drug. The teen said that he found the marijuana.

If your son or daughter has been arrested for a crime in Massachusetts, it is important that you retain the services of an experienced Boston criminal defense attorney that can protect your child's rights while providing the best defense. Your Massachusetts juvenile crimes attorney can take all the necessary steps to make sure that your son or daughter is charged as a juvenile and not as an adult.

Marijuana Possession in Massachusetts
In Massachusetts, possession of marijuana is considered a misdemeanor crime and punishable by up to six months in jail and a $500 fine. Probation is an option—depending on whether this is your first or a subsequent offense. The sale or cultivation of marijuana is considered a felony crime, and time in prison and fines may vary depending on how much marijuana is involved and other circumstances related to the arrest.

However, on election day, Massachusetts voters will be asked to vote on a proposed law that would decriminalize marijuana possession of one ounce or less. For offenders older than 18, new penalties would include a $100 civil fine and the forfeiture of marijuana. For offenders younger than 18, a parent or legal guardian would be informed of the offense, and the offender would be given the opportunity to take part in a drug awareness program. If an underage offender did not complete the program, the find would be raised to $1,000.

Proposal would make marijuana possession a matter of $100 fine, SouthCoastToday.com, October 9, 2008

Related Web Resources:

Framingnham High School Students face marijuana charges, The Metrowest Daily, October 8, 2008

DA speaks out against marijuana decriminalization, The Daily News Tribune, October 8, 2008

2008 Information For Voters: Possession of Marijuana, Elections Division

Continue reading "Four Framingham Teens Arrested for Smoking Marijuana" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Drug Offenses , Juvenile Crimes , Misdemeanors

Bookmark:

In Holyoke, a 14-year-old boy was convicted of starting the 9-alarm fire that burned down the Parsons Paper Mill building earlier this summer. The teenager will be placed in state care until he turns 18. This is the maximum sentence allowed for juveniles in Massachusetts.

According to Holyoke Fire Chief David LaFond, the boy went into the closed paper mill and used cardboard and paper he found there to ignite a fire. It took over 100 firefighters from 19 departments to put out the flames. The Parsons Paper Co. is a 313,000 square foot building that encompassed two city blocks.

Arson
According to the Uniform Crime Reporting Program, arson is the malicious and intentional act of burning or trying to burn a home, motor vehicle, public building, airplane, or personal property belonging to someone else.

2004 US Juvenile Arson Statistics say that since 1994:

• Half of all of the suspects arrested for arson were juveniles
• 6-8% of juveniles arrested for arson were under 10 years of age.
• According to the National Fire Protection Association's "Children Playing with Fire," there were 41,900 reported child experimentation fires.

Reasons experts give for why juveniles start fires include curiosity, entertainment, and to intimidate others.

Arson is considered a very serious crime, and Massachusetts prosecutors will aggressively pursue anyone that is charged with illegally setting a fire that destroys or damages property or vegetation.
Juvenile convicted of starting huge Holyoke fire, BostonHerald.com, August 29, 2008

Investigators say massive Holyoke fire was deliberately set, MassLive.com, June 29, 2008

Juvenile Fire Setting: The Preventable Arson, Iowa Dept of Public Safety

Related Web Resources:
Arson, FBI

Continue reading "14-Year-Old Massachusetts Teen is Convicted of Setting Nine Nine-Alarm Fire at Holyoke Paper Mill" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Felonies and Violent Crimes , Juvenile Crimes

Bookmark:

The Boston criminal defense team of a Massachusetts high school student accused of stabbing a classmate to death in a bathroom at Lincoln-Sudbury Regional High in Sudbury wants the charges against the boy dropped because he has Asperger syndrome (AS).

The defense says that a grand jury were improperly ordered to ignore the fact that John Odgren, 17, has Asperger syndrome, which makes him a special needs case. Odgren’s defense team is arguing that the disorder is responsible for his sometimes violent and bizarre actions. Odgren has been charged with first-degree murder.

Odgren is accused of killing James Alenson, 15, in January 2007. He allegedly approached the boy, slashed his throat with a 13-inch carving knife before stabbing his lung, stomach, liver, and heart.

Odgren’s defense team believes that he would have been charged with second-degree murder or a lesser crime if the grand jury had been given more information about the teenager's condition.

Last March, Odgren was found competent to stand trial. He is in jail in the Cambridge courthouse.

Asperger Syndrome
Considered an autism spectrum disorder, Asperger Syndrome can involve odd speech patterns, obsessiveness, poor social interactions, and peculiar mannerisms. Symptoms can include motor delays, limited interest, and peculiar preoccupations.

Odgren’s criminal defense team says that the boy’s disorder affects his premeditation and intent and that obsessing with weapons and other morbid items is associated with AS.

Suspect in fatal L-S school stabbing seeks lesser charges, Boston Herald, March 6, 2008

Related Web Resources:

State report describes teen's early aggression, Boston.com, January 23, 2007

Asperger Syndrome, KidsHealth.org

Asperger Syndrome Fact Sheet, National Institute of Neurological Disorders and Stroke

Continue reading "Massachusetts High School Stabbing Suspect With Asperger Syndrome Is Asking That Murder Charge Be Reduced" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Felonies and Violent Crimes , Juvenile Crimes , Murder

Bookmark:

US States are reconsidering and, in certain instances, retooling juvenile sentencing laws in regards to whether it makes sense to charge juveniles as adults.

Not only are there less incidents of juvenile crimes now than 20 years ago, but some states are responding to new information about the adolescent brain, as well as studies that reveal how teenagers sent to adult courts end up getting into trouble more often and are convicted of more serious offenses than other adolescents.

Some of the issues being addressed include reconsidering whether it makes sense to convict any teenager of life without parole and raising the age limit of kids who are eligible to go to juvenile court.

About 200,000 juvenile defendants (under 18 years of age) are sent to adult criminal court. A lot of them bypass or are transferred from the juvenile system because their states’ laws define them as adults and the type of crime they committed.

The harsher sentences for juveniles were implemented in the late ‘80’s and early ‘90’s following an increase of murders and other violent crimes by kids. From 1994 to 2005, however, the rate of arrest for juvenile violent crimes had dropped by 46%.

In Massachusetts, a juvenile can be prosecuted through three kinds of cases:

1) Delinquency cases: The youth is prosecuted in juvenile court and the maximum punishment is commitment to Massachusetts’s Department of Youth Services (DYS) until the age of 18.

2) Youthful Offender cases: Teenager, ages 14-17, can be prosecuted as a Youthful Offender if they committed a felony and a) are already committed to the DYS, b) are charged with a firearm offense, or c) are charged with a crime involving the threat or infliction of physical harm. Adult prison sentences, a DYS commitment until age 21, or a combination of both may result.

3) Murder cases: 14-17 year olds charged with murder are prosecuted in adult Superior Court.

States Rethink Charging Kids as Adults, ABC, December 2, 2007

Youth Advocacy Project

Related Web Resources:

Juvenile Justice Program, Mass.gov

Massachusetts Department of Youth Services

Continue reading "US States Reevaluate Whether Kids Should Be Charged As Adults for Crimes" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Juvenile Crimes

Bookmark:

Mychal Bell, the 17-year-old accused of hitting a white classmate in the famous “Jena Six” case pled guilty yesterday to assaulting Justin Barker. Bell and five other black teenagers were charged with attempted murder for beating Barker last December.

Bell had initially been convicted as an adult by an all-white jury and sentenced to 21 years in prison. At the time the assault occurred, he was 16-years-old. In Louisiana, the legal adult age is 17.

Bell's conviction caused some 20,000 people to protest in Jenna, Louisiana and was overturned by an appeals court. Although released in September, he violated his probation in October and was sent to a juvenile facility.

As part of the plea agreement, conspiracy charges were dropped against Bell. The charges were reduced from aggravated battery to second-degree battery.

Bell has already spent one year in jail. If his case had gone to trial on Thursday, he would have had to stay at a juvenile facility until he turned 21. Instead, Bell will be sent to a group home and could return to public school as early as next week. He also must pay for Barker’s medical bills and $935 in court expenses.

The Jenna 6 Case and conviction sparked a huge racial debate as to whether black suspects are treated more harshly under the law. Prior to the assault on Barker, three white teenagers hung nooses on a tree after black teenagers got permission to sit under the tree. No federal charges were pressed against the white teens, although the incident was not unlike a hate crime.

Three months later, six teenagers--Mychal Bell, Robert Bailey Jr., Carwin Jones, Bryant Purvis, Theo Shaw and Jesse Ray Bear were arrested for allegedly beating Barker. They were charged with second-degree murder.

Recent studies show that prosecuting juveniles as adults tends to harm them more than help them and that these juveniles were more likely to commit crimes again. In the United States, about 200,000 defendants younger than 18 are dealt with through the adult criminal court system because of their offense or their age.

"Jena 6" Teen Admits Fault in Plea Deal, USA Today, December 3, 2007

Prosecuting kids as adults: Some states ponder changes, USA Today, December 1, 2007

Related Web Resources:

The Case of the Jena Six: Black High School Students Charged with Attempted Murder for Schoolyard Fight After Nooses Are Hung from Tree, Democracy Now!, July 10, 2007

Juvenile Court Dept., Mass.gov

Continue reading "“Jena 6” Teen Strikes Plea Agreement " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Juvenile Crimes

Bookmark:

Police in Boston want parents to allow detectives to enter their children’s bedrooms without a warrant to look for guns. The new program, targeting high-crime areas and set to begin in a couple of weeks, is already raising questions in Massachusetts about civil liberties.

Police officers assigned to Boston area schools will go to the homes of teenagers they believe might be in possession of a firearm and ask the parents or legal guardian for consent to search the premise. If the parent or guardian refuses to grant permission, the police will leave the property.

Boston police claim that if a gun is discovered in the home, the teenager will not be charged with unlawful gun possession unless the weapon connected to a homicide or shooting.

The success of the program depends on the willingness of parents to participate. Police are hoping that parents, worried that their kids will get swept up in gun violence, will allow them to conduct the searches.

Critics of the program cited concerns that some parents and guardians will be too intimidated by the presence of police officers to refuse to agree to a search. Other critics commented on how the program conflicts with the US Constitution’s 4th Amendment, which forbids searches and seizures without a warrant. Still other expressed concerns that parents could unintentionally implicate: children if drugs or other illegal items were found in their bedrooms.

The 4th Amendment of the U.S. Constitution:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Unless police are in hot pursuit of a suspect, they must have probable cause and a search warrant to conduct a search leading to an arrest.

Police, however, say that they won’t go to the homes of juveniles they suspect of being involved in homicides or shootings. In these instances, they promise to obtain search warrants.

Boston police will rely on an anonymous hotline, tips from neighbors, and their own experience to decide which homes to approach.

The program targets juveniles under 18 years of age. Homes being targeted are located in Roxbury and Dorchester neighborhoods, including Egleston Square, Franklin Hill, Grove Hall, Geneva Avenue, Bowdoin Street, and Franklin Field. Police will use their own judgment on whether to make a drug arrest if drugs are founded.

Police to search for guns in homes, Boston.com, November 17, 2007

4th Amendment, Constitution of the United States of America

Related Web Resources:

Juveniles and Guns

Fighting Juvenile Gun Violence (PDF)

Continue reading "Boston Police Want to Search for Guns in Teenagers Homes Without Obtaining Search Warrants" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Juvenile Crimes

Bookmark:

Police in Massachusetts say that they plan to charge a number of Templeton middle school kids in the brutal attack of an 11-year-old autistic boy. The boy, who has a form of autism known as Asperger’s Syndrome, was beaten last month after he got off his school bus. The juvenile crime was filmed on video.

The video shows the fifth grader struggling to fight back. There is also footage of the boy being shoved into a mailbox and his hand getting cut. He was pushed, shoved, and kicked. The mother of the boy who was holding the camera claims that her son didn’t know that his friends were going to attack the fifth grader.

The three boys and two girls accused of attacking the 11-year-old are students at Narragansett Middle School. The school has suspended them. Criminal charges will be filed against them in juvenile court.

Bullying can involve indirect abuse (excluding or alienating someone socially), physical abuse, such as hitting, beating, tripping, kicking, and damaging or taking belongings away, verbal abuse, such as name calling, teasing, spreading rumors, and making threats, and cyberbullying, which is bullying that takes place over the Internet.

The Massachusetts Citizens for Children defines bullying as “behavior intended to hurt others and is repeated over time.” Bullying has also been called peer harassment or abuse. In the past, bullying has been viewed as a typical rite of passage among kids and teenagers. However, a line can be crossed that can turn an act of bullying into a juvenile or an adult crime. There also may be instances when children that are bullied may feel compelled to fight back or protect themselves with a knife or a gun.

A bully victim can be susceptible to emotional and social problems, poor attendance, poor grades, substance abuse, and physical injuries caused by bullying.

Bullying can lead to gang violence, physical assault, and murder.

More than half of boys (in grades 6-9) that were considered bullies committed at least one crime by the time they turned 24. 40% of them had at least three criminal convictions by age 24. 3 out of 10 juveniles are bullies or victims of bullying.

When bullying escalates to become a crime committed either by a bully or a bully victim, a juvenile may face criminal charges in Juvenile Court. He or she may even face criminal charges as an adult if the crime is very serious.

Attack On Autistic Boy, 11, Videotaped, WCBVBoston.com, October 8, 2007

What Effect Does Bullying Have on Children?, Massachusetts Citizens for Children

Bullying Prevent is Crime Prevention, Fightcrime.org

Related Web Resources:

Bullying and Intimidation, the National Crime Prevention Council

Student Reports of Bullying, US Department of Education

What is Cyberbullying?, Stop Cyberbullying

Continue reading "5 Massachusetts Middle School Kids Face Juvenile Crime Charges in Attack of 11-Year-Old Autistic Boy" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Juvenile Crimes

Bookmark:

Recent statistics provided by the Massachusetts Department of Education show that from 2005-2006, 4,750 reported acts of violence occurred among middle school students. Crimes committed included robbery, sexual assault, violent threats, drug offenses, tobacco offenses, alcohol offenses, and sexual harassment. The report says that 383 weapons were discovered.

Recent crimes involving middle schools in Massachusetts:

• A student in Marlborough brought a knife to school and was suspended.
• A Tewksbury school received a bomb threat.
• A pellet gun was found at a Waltham school.
• Two knives were discovered in student lockers at another Waltham school.

Also, this week, the Boston Globe reported that 28,000 high school students in Massachusetts have been involved with gangs over the past year.

Gang Violence
Gangs are usually a group of young adults and teenagers that take part in illegal, violent, or criminal activities. Nationally, there are over 24,500 known youth gangs with over 772,500 members.

Common reasons for joining gangs include the need to belong, make money, feel protection, experience excitement, and acquire status.

If your son or daughter has been arrested in Massachusetts for allegedly committing a crime, you should speak with an experienced criminal defense attorney that knows how to successfully handle juvenile crimes. A child or young adult can get easily intimated when being questioned by police or other law enforcement officials. Your son or daughter may even be pressured into giving incriminating testimony that can be used to his or her disadvantage. It is important to remember that your child has the right to remain silent and be properly represented by an experienced criminal defense attorney that is looking out for his or her best interests. This is why you should speak with a defense lawyer that offers juvenile defense right way.

Some of the many crimes that juveniles can be arrested for:

• Assault and battery
• Vandalism
• Trespassing
• Making threats
• Drunk driving
• Other motor vehicle offenses
• Rape
• Sexual assault and battery
• Prostitution
• Indecent exposure
• Lewd behavior
• Weapons possessions
• Breaking and entering
• Robbery
• Shoplifting
• Drug possession
• Distribution of a controlled substance
• Hate crimes
• Disorderly conduct
• Disturbing the peace
• Stalking
• Perjury
• Resisting arrest
• Homicide

Being charged with or convicted for committing a crime can be a very traumatic experience for a juvenile and can affect the rest of his or her life.

Gang violence still an issue in Boston and local cities, Tuftsdaily.com, October 3, 2007

Spike in violence in middle schools raises concerns, Boston.com, October 2, 2007

Youth Gangs, National Youth Violence Prevention Resource Center

Continue reading "Juvenile Crimes and Gang Violence are Issues in Boston and Other Massachusetts Cities " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Juvenile Crimes

Bookmark:

According to youth advocates, teenagers, and street workers, girl groups in Massachusetts are continuing to inflict violence on each other—despite the latest police figures.

The violence is reportedly triggered by gossip and jealousy. Knives, fists, and razors have fast become the common weapons of choice in these kinds of juvenile crimes. Girls getting ready for a fight will reportedly smear petroleum jelly on their faces so that their opponent’s fingernails won’t leave facial scars. One popular kind of assault crime, called “a buck fifty,” leave the slashing victim with such a deep cut on her face that it should take 15 stitches to close the wound.

Boston police, however, say that violent crimes between girls have gone down since 2005. From January 1 to August 15, 2006, 112 girls, ages 14-19, were apprehended for participating in aggravated assault crimes on other females. This year, during the same time period, only 96 girls were apprehended. As of August 1, 2007, there are 302 less women in custody with the Department of Youth Services than there were by August 1 of last year.

Others, however, have expressed concern that the lower figures do not indicate a decrease in gang violence, but are a reflection of the growing reluctance of girls to report that they have been the victim of assault by a girl gang because of fear and embarrassment.

Although studies show that girls tend to join groups for safety reasons, many of them end up getting hurt because of the rivalries that can arise between groups.

Juvenile Crimes
In Massachusetts, minors that are arrested for committing crimes do stand a chance of being served a less severe penalty than an adult convicted of the same kind of crime. If a juvenile is convicted for committing a serious crime, such as rape, assault with a deadly weapon, or other kinds of felony crimes, the young person could be handed over to the Department of Youth and placed in its custody until age 18.

In Massachusetts, a juvenile is a young person between 7 and 17 years of age. Juveniles charged with committing a crime in Massachusetts are usually prosecuted in juvenile court.

Youthful Offender Law
Massachusetts’s Youthful Offender allows the state to prosecute teenagers, ages 14-17, that are charged with a felony crime as “Youthful Offenders” if they fit the following criteria:

• He or she is already committed to the Department of Youth Services (DYS).

• He or she is charged with a crime that involves the "infliction or threat of serious bodily harm.

• He or she is charged with a firearm offense.

Conviction as a Youthful Offender can lead to House of Correction or adult prison sentences and other serious penalties.

Vicious attacks by girl cliques seen increasing, Boston.com, September 4, 2007

MA Courts, Probation and the Department of Youth Services (DYS), Youth Advocacy Project.org

Related Web Resources:

Department of Youth Services, Mass.gov

Girl Gangs: Are Girls Getting More Violent?, UIC.edu

Teenage Girls Buying into Gang Violence, Casanet.org

Continue reading "Assaults Among Girl Groups in Massachusetts Could be Growing Despite Lower Police Statistics" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Juvenile Crimes

Bookmark: