Boston Criminal Lawyer Blog

Even a Boston criminal lawyer sometimes has to be reminded to do his homework sometimes. It would seem that it is a lesson that the Boston Globe might want to observe as well.

Over the last two days, I have been unfairly blasting WBZ political commentator
Jon Keller. Among other things, Mr. Keller does a daily short broadcast, called "Keller At Large" on the station (1030 on your AM dial) about an issue of the day. The other day, what I heard offended and angered me for reasons that will soon become apparent. Immediately, I took to attacking the view put forth as well as its messenger, Mr. Keller. However, it
turns out that Mr. Keller was simply discussing the recent findings of a Boston
Globe Spotlight Team. Their findings, as reported, would be enough to enrage
anyone...even a longtime professional commentator like Mr. Keller.

The Globe's "findings" would be enough to lead almost anyone to the wrong
conclusion. Mr. Keller does not practice criminal law in the Commonwealth
and so simply discussed the findings as presented. Realizing that my attacking
him was unfair, I have removed the two blogs and offer my apologies to him.

One would imagine that a newspaper with the reputation the Globe enjoys to have
done its own homework , asking all the pertinent questions. This is part of being "reliable". In this case, it would appear that it did not do so. Instead, it printed a very misleading and misinformed story which has created quite a stir.

The subject matter is Massachusetts drunk driving cases. The story, apparently
based primarily on blind assumption that judges in the Commonwealth find 80% of
drunk drivers not guilty.

Continue reading "MA DRUNK DRIVING CASES AND THE BOSTON GLOBE SPOTLIGHT TEAM" »

Bridgewater’s Patricia A. Neville-Colp (hereianfter, the “Defendant”) is facing that issue right now. On Saturday night, the State Police say that she was involved in a car accident in Stoughton. They say that, due to her actions, two people are seriously injured and one person is dead.

The Defendant will be making her way today into the Massachusetts criminal justice system by way of Stoughton District Court. She is charged with the Stoughton homicide and driving under the influence of both alcohol and drugs. Apparently, she also had some drugs in the car when police arrested her.

Today on The Boston Criminal Lawyer Blog…when might you be charged with a MA motor vehicle crime as a result of an accident?

Attorney Sam’s Take On Automobile Accidents And Crimes

First of all, you have to understand that there are various types of automobile mishaps that can happen. Nearly all of them, under our usual definition of the word, are not intentional.

“So, isn’t that what makes the difference, Sam ? If it is intentional, then it is a crime, but if it is merely an accident, it is not a crime?”

Kinda-sorta, but it is not quite that simple.

Continue reading "Will I Be Arrested In Massachusetts If I Am In A Car Accident And There Is An Injury?" »

In my previous blogs, I have told you that similar cases do not always receive similar treatment. As a Boston criminal lawyer for many years, I have seen this play out. Sometimes, it has angered me...sometimes I have been grateful. Let’s see what you think about this one.

Let’s look at the case of Addis Woldeguioroui (hereinafter, the “Defendant”). He is the 51-year-old Dorchester gentleman charged with crashing a van of special needs adults into a garbage truck while allegedly high on illegal Massachusetts drugs. According to law enforcement, he was found in possession of a pipe containing cocaine residue and an empty Oxycodone container in his bag,

The accident occured on 116 Highland St. in Newton earlier this week.

The Defendant, the talkative sort, allegedly told investigating officers police the accident took place because a solar glare made him lose sight of the truck. The collision sent 13 people to the hospital, including the driver and three who were transported to Beth Israel Deaconness Medical Center with serious injuries. Apparently, said passengers have been released or are in fair condition, according to court documents.

Officers say they also found a pipe containing cocaine residue and an empty Oxycodone container in the Defendant’s bag and charged him with Massachusetts operating under the influence as well as charging relating to his causing serious injury, negligence, and possession of Class B drugs.

He is looking at a possible 10 years in prison.

The Defendant also allegedly told police he had taken one or two Oxycodone pills prescribed by a doctor for pain around 5:30 yesterday morning. According to him the pills are for foot pain. The Commonwealth is waiting for results of the blood test taken at the hospital..

After the accident, the Defendant found himself in Newton District Court to be arraigned on his charges. In previous blogs, I have discussed the pros and cons of talking with trying to out-talk or out-reason police officers on the streets. I never thought it necessary to tell you that it is unwise to ignore your lawyer’s advice and try to do it with a judge and prosecutor.

However, that is what the Defendant did.

Speaking about those in the van, the Defendant explained, “The people [in the crash] were my people...I carry their blood on me.”

When confronted with his previous criminal record in New York and Massachusetts (dating back to 1977) for incidentals like armed robbery as well as a pending arrest warrant from West Roxbury District Court, he insisted on responding, explaining that “The past, that is what it is, the past...I’ve had some difficulties, and I’ve overcome them.”

Indeed, the Defendant served in the Air Force from 1978 to 1981. In court, he was supported by his girlfriend, who clung to a bible and to freshly-pressed clothes, that she was not allowed to give to him.

The Defendant was held on $5,000 bail, half of what prosecutors had requested. The prosecutor also argued that his bail in his earlier case should be revoked, but the court decided against hat. She did, however, forbid the Defendant from driving should he be released.

“He’s a good guy. He’s lived a tough life,” the Defendant’s girlfriend explains.. “He loved his job. . . . He was trying to get his life together.

Attorney Sam’s Take On MA Warrants And Inconsistent Results

Usually, when a defendant appears before a court and there is a warrant out for their arrest because of their failing to appear, the defendant’s bail in the previous case is revoked and is held without bail on that matter. This is independent of the bail set in the new case.

Continue reading "Dorchester Driver Of Special Needs Van Faces Charges Of OUI And Drug Possession" »

Cara Della Barba is a 28-year-old finance manager at the Dana Farber Cancer Institute. If you look at the photo of her in court, you would think she was one of the Boston criminal attorneys. You would not suspect that she is hereinafter referred to as the “Defendant”. But she is.

According to the Commonwealth, as described at her Dorchester District Court arraignment, she was wobbly, glassy-eyed and reeking of booze when she drove the wrong-way and drove into a state police cruiser Saturday. The prosecutor explained that the Defendant’s relationship with the truth at the time was somewhat periodic.

At first, after the accident, the trooper came to her car and told her that she had just smashed into a police car. Her alleged response? She claimed that she had not hit anything. Then, when questioned about alcohol use, she is said to have told the troopers that she had had “a lot to drink” at a friend’s party. She is said to have then begged them to simply take her home.

Apparently, they found another option. They drove her to their (police) house.

At the barracks, Defendant is accused of trying to sabotage her blood-alcohol test by halfheartedly blowing into a Breathalyzer. The troopers marked said attempt down as a “refusal” to take the test, thereby triggering an automatic loss of driver’s license.

Continue reading "Boston Professional Woman Needs Experienced Boston Drunk Driving Attorney" »

Foxboro is apparently tired of public drunkenness.

And, as we all know, when we decide we are against something...we push to make it illegal. Even if it already is basically illegal!!

Folks in Foxboro are now pushing to outlaw public drunkenness. The move is supported by many, including the parents of a young woman who was killed in 2008 after tailgating at Gillette Stadium.

“What’s it going to take, a couple more fatalities?” Steve Davis of Milton said as he and his wife baked a cake for what would have been their daughter’s 23rd birthday today.

On Monday, at a Town meeting, voters approved an article to impose a $200 fine for public drunkenness. This makes Foxboro the only Bay State municipality other than Dedham to pass such a bylaw, according to the state Attorney General’s Office, which must approve the measure.

Continue reading "Foxboro Seeks New Bill To Prosecute Drunken And Disorderly Conduct" »

Wiilliam J. Halpin III, a 25-year-old Melrose man (hereinafter, the “Defendant”) is likely not looking toward this week with glee. According to the Commonwealth, he was a bit too gleeful Friday night. Self-induced narcotic-type of gleeful. In other words, he is accused of driving his SUV under the influence of drugs. But it does not end there.

He got into an accident which killed one man and wounded a six-year-old boy.

Today, he is due in court to face the resulting charges. The state police arrested and held him at the scene of the accident. The accident took place on Route 1 in Lynnfield. It is also alleged that the Defendant struck one, not two, vehicles.

According to the Commonwealth, the Defendant drove his SUV into a taxi cab and a second vehicle, both of which were in the breakdown lane near the Fat Cactus restaurant. Ironically, the accident occurred while those two drivers were in the midst of exchanging papers after a different, more minor, crash.

Victor Vargas, a 42-year-old taxi driver from Lynn and father of two, was later pronounced dead at North Shore Medical Center Union Hospital in Lynn.

Continue reading "Melrose Driver In Lynnfield Accident Is Arrested For OUI, Drug Possession And Motor Vehicle Homicide – Attorney Sam’s Take" »

This winter has presented us with various seasonal weathers...from seemingly Alaskan blizzards to mild Massachusetts spring. It is enough to confuse and to irritate anyone. Apparently, Michael Ciarlone, a 54 year-old Revere gentleman (hereinafter, the “Defendant”), is someone who indeed lost his “cool”.

Allegedly.

According to the Commonwealth, it started when the Defendant used a pickup truck and plow to push snow around a car he believed had parked in his spot on January 14th. When the car’s owner and others came outside, the Defendant is said to have shouted at them and then backed into one man with the truck. Finally, the Defendant is accused of kicking that man in the head and later punching another man in the face, breaking his glasses. According to the Commonwealth, the Defendant was inebriated at the time.

Both recipients were apparently treated for injuries at the scene.

The Defendant was treated to a later arraignment in Chelsea District Court for various charges, including assault and battery with a dangerous weapon, malicious destruction of property, and operating under the influence of alcohol.

Continue reading "Revere Man Charged With OUI Plowing And Assault With A Dangerous Weapon (The Plow) – Attorney Sam’s Take" »

Mike Hennebury, a 37-year-old man from Hanover (hereinafter, the “Defendant”) is in trouble as this week comes to a close.

According to the police, the Defendant was on his merry way Tuesday night, driving drunk, when he ran off the road. Say what you will about the Defendant, he is apparently consistent. He has had three prior drunk driving cases in the past.

When the Defendant left the comfort of pavement, he ended up in the front yard of a home in an otherwise peaceful Duxbury neighborhood. There, his car came to a rest and was apparently having difficulty moving. Yes, it was stuck in the snow.

The good news is that a nice 72-year-old woman came out of her home, concerned that he needed help.

The bad news is that he apparently did not want any help. He really did not want any help!

Continue reading "Duxbury Woman Is Assaulted By Hanover Drunk Driver – Attorney Sam’s Take" »

Boston police got a 2-for-1 bargain earlier this week in the area of drunk driving.

They stopped an automobile near Columbia Road and Holden Street in Roxbury. It was initially stopped, according to law enforcement, because it had not stopped at a red light.

As part of normal practice, the driver was asked to produce his license and registration

Guess what?

Whoops! The driver’s license had been revoked. Whoops again...the driver had an outstanding warrant for his arrest due to a pending drunk driving charge.

So, the driver was about to become a guest of the Commonwealth. He asked the officers if his passenger could drive the vehicle home so that it would not have to be impounded.

Whoops a third time!

Upon checking the passenger out, it was discovered that she, too, had a drunk driving warrant out for her arrest.

Continue reading "Arrested In Boston For Drunk Driving With A Little Warrant In Between- Attorney Sam’s Take " »

This past year, there was a lot of attention paid to Massachusetts drunk drivers and those who drive negligently. For example, a new law was passed to prevent people from texting while driving.

We also had more than our fair share of vehicular homicide cases, including the killing of a police officer due to Massachusetts motor vehicle crimes.

There was one vehicular homicide matter, however, that may not have gotten enough attention. I say this only because it happened again.

Two cars were involved in an accident this weekend which left two cars overturned on interstate 495. Fortunately, nobody was killed.

The cause according to the Commonwealth?

One driver, Jenifer M. Scott, 43, of Milford (hereinafter, the “Defendant”) fell asleep and so lost control of her vehicle. A second driver, at 51-year-old man from Harvard, took measures to avoid the Defendant’s Toyota Corolla and, as a result, went over the guardrail and rolled down an embankment. His 56-year-old female passenger was taken to Marlborough Hospital with minor injuries.

Continue reading "Milford Sleepy Driver Charged With Driving To Endanger - Attorney Sam’s Take " »

We take today’s blog from the “You’ve Gotta Be Kidding Me” section of the news. It involves a man who clearly picked the wrong time to attempt to get back his Massachusetts driver’s license.

One would imagine that even without the pending Parole debacle claiming the front page every day , that Algary Horton, 53, of Mattapan (hereinafter, the “Nondriver”) would still be refused.

You see, the Nondriver does not have the greatest driving record. He has been convicted six times for drunk driving for example. Oh yes, and there was that time, in 1993, when he killed a woman on one of those allegedly drunken drivers and then fled the scene.

The Nondriver does get points for consistency, however. He was convicted of OUI in 1979, 1987, 1989, 1993, 1998 and 2004, authorities said.

Continue reading "Mattapan Man Seeks Driving License After Six OUI and One Vehicular Homicide Convictions- Attorney Sam’s Take " »

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

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

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

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

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

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

Vernon Perry, 52, was arrested Saturday in Seekonk on his 11th drunk-driving charge. According to Seekonk police, Perry was driving at a high speed on Taunton Ave. when he crossed a double yellow line. It is alleged that Perry failed field sobriety tests and gave a Rhode Island address even though he had an “active” Massachusetts license. Perry refused a breathalyzer. His 2001 Saturn was impounded. Police didn’t say when Perry will be arraigned in Taunton District Court.

Source: The Boston Globe, Driver arrested in Seekonk on his 11th drunken driving charge

This man is facing mandatory jail time and large fines, and he should speak with an attorney who can be present with him at his arraignment.

Often times refusing a breathalyzer, as Perry did, leaves good options for combating drunk-driving charges. In Massachusetts, you do not have to take a breathalyzer test. Prosecutors will not be able to introduce the refusal against you at a trial, but there will be license-suspension consequences, the length of which will depend on whether it’s a 1st offense, 2nd offense, etc.

Even where, as is alleged here, a person fails field sobriety tests, there can be several reasons for that other than being drunk. For example, being nervous, tired, overweight, or elderly can cause a person to fail a field sobriety test. These kinds of tests can also be administered improperly or under improper conditions.

When a car is impounded, as this man’s was, police can make a warrantless inventory search of the contents of the car. This is because people have a lesser expectation of privacy in their cars than in their homes and because inventory searches protect police from claims and protect the car owner’s property. However, the inventorying process cannot be used as a ploy to search for incriminating evidence.

Continue reading "Man Arrested on 11th Drunk Driving Charge in Seekonk" »

Sometimes it is tough to know what to believe in. This supposedly daily Boston-based criminal law blog has been posted only three times a week the past few weeks. Politicians are being indicted and convicted for white collar crimes. And now, Matthew J. Amorello, the former chairman of the Massachusetts Turnpike Authority, admits to drunken driving resulting in the August crash, allegedly passed out during booking and then disappearing for a day or so from the face of the Earth. And what about the criminal justice system itself? Does it give Mr. Amorello (hereinafter, the “Defendant”) special treatment?

Many will be complaining that he did get special treatment.

After all, upon his admission, he was merely ordered to give up his license for 45 days, attend alcohol awareness classes, and pay more than $500 in fines. In fact, the judge did not even impose a guilty finding!

The Defendant admitted, "Simply stated, I made a horrible mistake. Today I took responsibility for my actions." Speaking of the ordeal, he further stated, "I want to close this chapter of my life and start moving forward and will do that with the love and support of my family, my friends. It's been a difficult time and it's time to get up and dust myself off and get back to being Matt Amorello."

Continue reading "Attorney Sam’s Take: Matthew J. Amorello Admits To Drunk Driving And Leaving The Scene Of An Accident. Was The Court And Prosecution Too Lenient?" »

Today’s tale takes us to the town of Quincy, where a local gentleman is having issues with the criminal justice system. His issues surround his driving license. You see, it had been revoked three times. Now, he faces a plethora of criminal charges, including Operating Under The Influence.The gentleman, Rony S. Santos-Cruz, 24, (hereinafter, the “Defendant”) has entered a not guilty plea in Quincy District Court and posted $1,000 cash bail to regain his freedom in his latest crash into the judicial system.

According to Assistant District Attorney Erin McFarland of Quincy, the Defendant, while under the influence, struck four vehicles. Oh, and he was driving while his license was revoked. Again. She also explained during arraignment that the Defendant admitted to driving the blue Buick involved in the accidents, and that the vehicle he was driving had severe front end damage, including a blown tire and several dents and scratches.

Apparently, when asked where he was going and where he had come from, the Defendant answered , “home”.

I imagine it was simply a round trip to the parked cars and back.

Allegedly.

Continue reading "Attorney Sam’s Take: Massachusetts Driver With Three Revoked Licenses Is Arrested For OUI And Other Criminal Charges" »

Dana Kessel, 40, has pleaded not guilty to the charges of Massachusetts child endangerment, third-offense drunken driving, and driving to endanger. The charges are related to a car crash that left his 2-year-old son with serious injuries. Kessel was arraigned in Salem District Court.

The Beverly resident crashed his minivan into a utility pole on Saturday. His son, who was with him at the time and not wearing a child safety restraint, flew into the dashboard. The little boy suffered internal bleeding and sustained a head wound.

According to police, Kessel, who failed several field sobriety tests and couldn’t remember his son’s name or age, was arrested. His blood alcohol content, which was tested at the police station, was over twice the legal limit.

A judge has ordered Kessel to undergo a 30-day alcohol treatment program. He also was ordered held without bail at a state hospital pending a dangerousness hearing. Kessel’s driver's license was suspended for five years because he refused to complete a chemical breath test.

Kessel’s criminal defense lawyer says that his client admits he has a problem with alcohol and will “comply with his treatment.” If Kessel is convicted, this will be his third OUI offense. He faces a mandatory minimum 150 days in jail and his license would be revoked for 10 years.

Massachusetts Drunk Driving
It is important that you take your arrest for Boston drunk driving seriously. A guilty judgment can impact your ability to drive, your insurance, career, ability to earn a living, and personal life and land you in jail. There are steps that an experienced Boston drunk driving defense attorney can do to help secure the best outcome possible for your criminal case.

It is important that after you are arrested for a Boston DWI or OUI that you refrain from driving if your license has been suspended, show up for court when ordered to be there, and not discuss your Massachusetts criminal case with anyone but your defense attorney.

Dad accused of 3rd DUI, Salem News, October 19, 2010

Judge orders driver to attend alcohol program, Boston Herald, October 19, 2010

Beverly man charged in drunken driving crash that injured his 2-year-old son, Boston.com, October 18, 2010

Related Web Resources:
Massachusetts Law About Drunk Driving

Dealing With a DUI or DWI Charge, Nolo

Yesterday morning, as I was driving to the Boston Municipal Court, I received a text message from Altman & Altman’s fearless leader, Attorney Steven Altman.

Uh-oh. What to do when the big man summons?

Well, in this case, what I did was...nothing. In case you have not been paying attention, there is a new law in town which outlaws, among other things, texting while driving. Once a frequent offender, I have embraced the new law as a way to drop this bad and dangerous habit.

What’s that? You think the new law is stupid and over-emphasizes the precariousness of surviving driving on today’s Massachusetts roads? Hmm...maybe you are right. Let me think on that as I peruse yesterday’s news stories.

Well, first I see why my arrival at the BMC was so late yesterday. I drive on Route 107.

Boy, was there a tie-up!

Apparently, A 61-year-old Peabody woman died thereabouts after a front wheel came loose on her car, the vehicle went out of control, careening into the Saugus River near the Revere-Saugus line, authorities said.

Continue reading "Vehicular Homicides, Drunk Driving And Other Dangers On The MA Roads...Over-Emphasized? " »

In yesterday’s Boston Criminal Lawyer Blog, I discussed a bank manager and his buddy who have found themselves in the sites of the Massachusetts criminal justice system. The charge was assault and battery with a dangerous weapon, to wit a hammer and a football.

Today, it is a Massachusetts state trooper who has caught our attention. Same crime, although with the addition of drunk driving. This time, though, it the weapon is a gun…and, yes, shots are fired.

Timothy W., 41, (hereinafter, the “Defendant”) is a Massachusetts state trooper who is a decorated war hero. Yesterday, he was released on personal recognizance after being arraigned on charges that he allegedly drove drunk, crashed his car on a Dorchester street, pointed his gun at a Boston police officer, and later fired his gun into the ceiling of his home.

About a dozen family members, friends, and co-workers, including at least five men in military uniforms, attended the hearing in Dorchester District Court.

Clearly, this is not the tale of a bully dressed in blue, getting caught abusing power and demonstrating an abundance of attitude. It would appear that it is the tragic story of a man in real need to be helped.

Continue reading "A MA State Trooper, Suspected Of OUI, Threatens Fellow Officers With Gun And Then Fires...!" »

Former Massachusetts Turnpike chairman Matthew Amorello (hereinafter, the “Defendant”) has fallen into ever-deepening holes of trouble on the criminal justice battlefield. First, he was arrested for drunk driving this past weekend. Well, not really just drunk driving. There are apparently other charges levied after he allegedly smashed into parked cars and tried to flee the scene despite the fact that one of his tires was off.

After a night of what the authorities call “sleeping it off” at the station, the Defendant was told he had to attend his arraignment in Haverhill court yesterday.

He didn’t.

And so it was that a Haverhill District Court Judge issued a default warrant for the man who once oversaw one of the largest public works projects in the state's history...the Big Dig.

Continue reading "Former Big Dig Bigwig Faces Allegations Of OUI, Leaving The Scene And A Default Warrant" »

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

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

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

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