Boston Criminal Lawyer Blog

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

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

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

Police say that the box contained five packages of marijuana.

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

Another teenager has pleaded guilty to charges she attacked a 13-year-old girl. The assault was shot on video and posted on YouTube.

Footage shows two girls shouting at and hitting another teen while other students stand by, cheering and laughing. The attack was allegedly planned in advance. The 3-minute video was removed from YouTube after the victim’s mother complained that it was posted on the site.

In December, one of the juveniles pleaded guilty to aggravated battery. She will receive her sentencing this month. The second teen pleaded guilty to a charge of mob action. Prosecutors had initially charged her with aggravated battery. Her criminal defense attorney noted that his client is very remorseful and that this is a one-time incident.

Massachusetts Juvenile Crimes
Teenagers make mistakes and sometimes those errors in judgment can land them in juvenile court. If this happens, it is important to retain an experienced Boston juvenile crimes lawyer who can protect your child’s legal rights and achieve the best outcome possible. A Massachusetts criminal defense lawyer can defend your son or daughter against the charges or negotiate a plea agreement that can decrease detention time or lead to less harsh punishments. There may be grounds for dropping or reducing the charges.

You want to do everything possible to make sure that your child’s future opportunities are not compromised by a conviction.

Second Girl Pleads Guilty to YouTube Attack, NBCChicago.com, January 8, 2010

1 girl pleads guilty in Lombard attack posted on YouTube, Chicago Tribune, December 10, 2009

Related Web Resources:
Juvenile Court Department, Massachusetts Court System

The Juvenile Court System, Massachusetts Bar Association

Continue reading "Juvenile Crime: Second Minor Pleads Guilty to Attack of 13-Year-Old Girl Shown on YouTube" »

Authorities are charging 14-year-old Raul Renato Castro as an adult in the murder of Alex Christopher Mercato. The 4-year-old disappeared on Friday afternoon while playing outside his home.

Police found Mercato’s body the next day. It was stuffed inside a clothes dryer in the house next door. Autopsy results indicate that he drowned.

Castro was the only one at his home on Friday. Prosecutors have charged him with special circumstances, including the sexual crime involving sodomy, kidnapping, murder during a child molestation, and murder of a witness to prevent testimony.

Castro’s mother, Elsa, says her son is a good boy who has never been in trouble. If convicted, Castro could end up serving 47-years-to life in prison. California law does not allow a youth offender to face life in prison without parole or the death penalty.

In court, today, an affidavit was released stating that the junior high school student has admitted to luring the 4-year-old into his home, sodomizing him, and drowning him in the bathtub after the victim threatened to tell his mother.

Castro’s arraignment, scheduled for yesterday, was rescheduled for Tuesday.

Getting arrested and charged with a crime is life changing for anyone. The best decision that you can make for your child is to contact an experienced Boston juvenile crimes lawyer right away.

Kids make mistakes. They can also be wrongly accused of crimes they did not commit. When a crime is committed, there may be reasons for the juvenile's actions that must be brought to light in order to ensure a fair trail. There may be evidence that is inadmissible. There may be reasons why certain charges should be thrown out or reduced.

Affidavit: Teen says he killed boy found in dryer, AP/Google, November 4, 2009

Boy, 14, charged as adult in clothes-dryer murder of 4-year-old, CNN, November 3, 2009

Related Web Resources:
Assessing Juveniles Who Commit Murder, Psychiatric Times, May 1, 2005

Juveniles, The International Justice Project

Continue reading "14-Year-Old Charged with Murder of 4-Year-Old Found in Clothes Dryer" »

A 13-year-old and four 15-year-old boys are charged with aggravated battery over the attack on 15-year-old Michael Brewer that left him with burn injuries on 65-80% of his body. Brewer was doused with rubbing alcohol before his body was lit on fire.

Witnesses allege that 15-year-old Matthew Bent was the instigator of the attack, which the say occurred because of a feud over money owed and a stolen bike. Bent was arrested while stealing the bike when Brewer called the cops on him. He was released from a juvenile center on Monday.

At around 3pm that day, police say Bent, brothers Jeremy and Denver Jarvis, 13 and 15, Jesus Mendez, 15, and Steven Shelton, 15, got a bottle rubbing alcohol and went to an apartment complex where they encountered Brewer. The 15-year-old reportedly tried to leave but the other boys allegedly surrounded him and poured the alcohol on his body.

Mendez then allegedly used a lighter to set Brewer on fire. Brewer ran to the complex pool and jumped in.

In addition to aggravated battery, Mendez is charged with attempted second-degree murder. If Brewer dies from his burn injuries, all 5 teens, who already have juvenile crime records, could be charged with murder.

The Jarvis brothers and Bent are being held in a juvenile detention center for 21 days. Their criminal defense lawyers say they were “minimally” involved in the attack against Brewer and that the boys didn’t fully comprehend the seriousness of what occurred. The Jarvis’ lawyers want their clients to undergo a mental evaluation.

Juvenile Crimes
Getting arrested for any crime can be frightening for anyone. It can be especially intimidating and confusing for a juvenile, who may not fully understand the charges or exactly what transpired. An experienced Boston juvenile crimes lawyer can help you and your son or daughter get through this stressful time and work toward the best outcome possible for your child's criminal case.

5 teens charged in burning of Florida 15-year-old, Los Angeles Times, October 14, 2009

Now Five Teens Charged in Burning of 15-Year-Old, Broward Palm Beach, October 13, 2009

Related Web Resources:

Juvenile Crimes in Massachusetts

Juvenile Court Department, Massachusetts

Police in Massachusetts have arrested four people over the brutal beating of a 29-year-old man that took place on Mother’s Day. The four who were apprehended are Roxbury residents Jumoke Marshall and John Benoit, 22, Everett resident Eric Wallace, 19, and a 16-year-old, who is also from Roxbury. The latter, however, was 15 when the beating happened and will be charged as a juvenile.

All four of them faces charges of assault and battery with a dangerous weapon, mayhem, and unarmed robbery.

According to police, the four of them ate the meal of the victim and his friend. The two parties were sitting next to each other at the New Golden Gate restaurant in Boston’s Chinatown. The four suspects then allegedly demanded that the victim and his friend pay for the meal. When the two of them refused to do so and walked away, the other four are accused of attacking the victim in an attempt to commit robbery.

At least one attacker allegedly stepped on the victim’s head at least six times before taking his wallet. The victim’s friend ran away.

The 29-year-old victim sustained a fractured skull, cracked eye sockets, swelling to the brain, permanent cognitive damage, and memory loss.

Allegations of Massachusetts assault can be frightening to face, which is why you should speak to a Boston criminal defense attorney about your case. Many criminal cases are not always what they appear to be on the surface, and an experienced Boston criminal lawyer can make sure your rights are upheld and you get the best defense possible. Some criminal cases are framed in such a way by police and the media that the cards can immediately get stacked against a suspect—unless there is someone to protect him or her.

Man's severe beating leads to four arrests, Boston Globe, October 13, 2009

Arrests made in ‘savage and senseless’ Mother’s Day Beating, Boston Herald, October 13, 2009

Related Web Resources:
Assault and Battery with a Dangerous Weapon

Mayhem

In Waltham District Court, Police have filed a complaint against a 13-year-old who is accused of shooting four students with a BB gun. The shooting incident happened in Newton, Massachusetts on Friday afternoon at the F.A. Day Middle School. The teenager faces four juvenile counts of assault and battery with a dangerous weapon.

According to Newton police, the suspect started shooting the BB gun at a group of students who were waiting for a bus by the Gath Pool. The shooter’s shirt was covering the gun. The four teenagers who claim they were hit had visible welts. However, none of the boys opted to receive medical attention for their injuries.

Police went to the suspect’s home. They confiscated a KWC BB gun and a bag that was holding several hundred plastic BB’s. Meantime, the principal of his school, Gina Healy says that the 13-year-old will be seriously punished for his actions.

In Massachusetts, it is against the law for a minor to possess a BB gun in a public area unless he or she has a special license or is with an adult.

Contrary to common belief, a person does not have to be accused of using a gun or a knife to be charged with assault and battery with a deadly weapon in Massachusetts. Almost any item that can be used as a weapon will do. This is a serious criminal offense in Massachusetts that can result in serious punishments—whether you are charged in adult court or as a juvenile. A conviction for a felony crime could prevent a boy or girl from getting an education, living a normal life, and later deprive him or her of certain professional and personal opportunities.

Each Massachusetts juvenile crimes case is unique and the motivations for and the circumstances surrounding what happened is never black and white. An experienced Boston criminal defense lawyer can fight for the best outcome possible for your child’s Massachusetts juvenile crimes case.

Newton boy charged in BB shooting of 4 students, Boston.com, September 23, 2009

Newton student charged with BB shooting of schoolmates, Boston Herald, September 23, 2009

Related Web Resources:
Chapter 269: Section 12B. Air rifles; possession by minors; shooting, The General Laws of Massachusetts

Juvenile Court Department, The Massachusetts Court System

The parents of three of the six boys charged with severely beating a 30-year-old Guatemalan illegal immigrant are appealing school suspensions that have been imposed on their kids over the alleged Massachusetts assault incident. In Massachusetts, school principals are allowed to suspend a student who has been charged with a felony crime.

The boys, in addition to two others, are accused of throwing bricks, rocks, and bottles at Damian Merida while he slept near railroad tracks in Lynn last July. Merida sustained serious head injuries, including a traumatic brain injury.

The charges against the boys include attempted murder, civil rights violations, and assault with intent to maim. Five of the boys have been released from custody for now but are required to wear electronic monitoring bracelets. Police claim that the boys attacked Merida because of his ethnicity.

Because of the boys’ ages, their names have not been made public. Four of the boys are members of the Pop Warner football teams. One boy is a soccer star who came from West Africa.

Five of the boys are younger than 14 and therefore won’t be tried for the alleged assault crime in adult criminal court. Instead, their cases will have to be pursed in Massachusetts juvenile court. However, the boys could end up in the Department of Youth Services until their 18th birthdays if they are found guilty. The 14-year-old suspect could end up in DYS until his 21st birthday. The Essex district attorney’s office is considering whether to try the oldest boy's Lynn, Massachusetts criminal case in adult court.

Our Boston juvenile crimes lawyers are aware of the serious ramifications that can result when a juvenile is charged with committing a Massachusetts crime. These consequences can become even more serious when a child is charged as an adult.

The outcome of a Boston juvenile crime case could irrevocably alter your child’s future.

Lynn suspects file appeals, Item Live, September 15, 2009

‘Look how they left him’, Boston.com, September 11, 2009

6 Mass. boys accused of beating sleeping immigrant, Salon, September 8, 2009

Related Web Resources:
The General Laws of Massachusetts

Juvenile Crimes In Massachusetts (PDF)

It happened again last week in the south of Boston island known as Cape Cod. Two gentlemen were arrested for armed robbery of a taxi driver in Oak Bluffs. Soon, they were facing the halls of Justice in Edgartown after the brief investigation. One went to regular court. One met his attorney in Juvenile Court.

It is not a terribly unusual occurrence in today’s criminal justice system. In fact, this daily blog has posted various such stories over the past year.

I started handling cases of adult/juvenile “team-ups” back in Brooklyn when I was a prosecutor. At the time, juveniles became the drug dealer of choice because of a belief in the trade that kids would not be prosecuted. So, they would be paid the “big bucks” to do the actual hand-to-hand sales. Whether the logic was correct then or not…it is not correct now.

Juveniles get prosecuted today and said prosecution can last a lifetime.

Continue reading "Attorney Sam’s Take: A Massachusetts Criminal Defense Lawyer’s View On Juvenile Crime" »

So, you were out last Saturday night in Boston, enjoying the ten minutes or so that it was not raining. You figure you will celebrate with the herb of your choice. After all, this is 2009 and you can just light up some marijuana you have in your pocket and toke away, you figure. So…why do you find you need a defense attorney come Monday?

The current drug laws, including those involving marijuana, can be somewhat confusing...on or off of campus

For example, passage of the so-called decriminalization of marijuana has created a certain amount of misunderstanding. While it is not actually criminal to be in possession of an ounce or under of pot, it is not exactly celebrated either. The marijuana can be taken from you under the statute and you may have to pay a civil fine.

On the other hand, the circumstances of the arrest can still bring you back into the spotlight of criminal prosecution. For example, if there are reasons to believe you may be sharing or selling the drug, you can still be prosecuted for either trafficking or possession with intent to sell. Further, if you are under age, there are other provisions in the statute that effect you.

Continue reading "Attorney Sam’s Take: Arrested For Drug Possession In Boston – What Do You Do? Part One" »

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)" »

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" »

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)" »

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" »

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." »

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" »

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" »

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" »

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" »

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" »

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" »