Boston Criminal Lawyer Blog

Unlike most nonfamous civilians, when a celebrity is charged with a crime, the case tends to make national headlines. In recent celebrity news, TV actor Charlie Sheen reached a plea agreement to resolve the domestic violence charges against him.

The 44-year-old actor was initially charged with second-degree assault and menacing and criminal mischief last December following an altercation with wife Brooke Mueller. Under the plea deal, Sheen is pleading guilty to a misdemeanor third-degree assault count and will serve his 30-day jail term in a Malibu jail. He must also attend rehabilitation. Time that the actor has already spent in rehab will be factored into his sentence.

Sheen must also complete 36 hours of domestic violence treatment and three months of unsupervised probation. The actor’s sentence will allow him to return to the set of his show "Two and a Half Men" in time for filming of the new season.

In another celebrity criminal case, actress Lindsey Lohan was released from jail after serving 13 days of a 90-day sentence. She was immediately sent to rehab. TMZ says she is being treated for an amphetamine addiction and for bipolar disorder.

Lohan had violated probation for a 2007 drunk driving charge because she did not show up for alcohol education classes. Her jail sentence was reduced because of an early-release program that combats overcrowding in the Los Angeles jail system and for good behavior. The 24-year-old movie star has admitted that she has an alcohol and drug problem.

Charlie Sheen to serve Aspen 'jail' term in Malibu rehab, CNN, August 4, 2010

Lindsay Lohan Released From Jail Into Rehab, ABC News, August 2, 2010

Charlie Sheen arrested on felony charges in Aspen, Colo., Los Angeles Times, December 25, 2009

Related Web Resources:
Celebrity Crimes, Yahoo News

Plea bargain, Cornell University Law School

Massachusetts Probation Service Fact Sheet, The Massachusetts Court System

Continue reading "Celebrity Criminal Cases: Charlie Sheen Pleads Guilty to Misdemeanor Third-Degree Assault and Lindsey Lohan Goes to Rehab After Serving Jail Time for Violating Probation for DUI " »

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" »

The Boston Criminal Lawyer Blog has discussed the seemingly newly “in vogue” crime of striking police officers with motor vehicles. Usually, these collisions turn out to be accidental. Sometimes, under the law, they are seen as either deliberate acts or the results of drunk driving.

For some reason, this summer has seen it almost become an epidemic.

The latest such alleged driver hails from Franklin and is 25-year-old Ari C. (hereinafter, the “Defendant”). The incipient happened this past Tuesday in Franklin. Apparently, she had even been told by an on looking construction worker that she had struck the officer.

She is said to have apologized and driven off.

Of course, since Tuesday, more news about the Defendant has surfaced. According to the Boston Herald, she is an “accused hooker who violated her probation".

Continue reading "Franklin MA Ex-Prostitute Violates Probation By Striking Police Officer With Vehicle" »

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" »

Well, we began this week on the Boston Criminal Lawyer Blog discussing crimes that occur in the summer. Yesterday, I was reminded of a companion crime to drunk driving and too much partying.

Two Palmer residents now face criminal charges that they supplied alcohol to a 17-year-old boy who later died in a dirt bike accident.

For those of you who are not sure, the drinking age is currently 21.

Police say 45-year-old Robin K. and 28-year-old Kenneth D. (hereinafter collectively, the “Defendants”) will be summoned to appear in court on charges of procuring alcohol for a minor.

Detective Sgt. Scott Haley told the Republican newspaper of Springfield that
the teenager, Erik N. (hereinafter, the “Deceased”), drank alcohol during a bonfire in April at the apartment complex where the Defendants live.

Continue reading "MA Couple Are Charged With Giving Alcohol To Juvenile After Deadly Traffic Accident" »

Crime, itsel, is not particularly seasonal. It happens all the time in the Boston area. However, through my years as a Boston criminal defense attorney, I have noted that certain crimes seem to occur more often during certain seasons. Summer is a season where there is often a spike in certain crimes, for example.

The Rock star "Meatloaf" once began a hit song with the line, "On a hot summer night, would you offer your throat to the wolf with the red roses?" After various lines seemingly meant to understand the original question, the answer was "Yes".

The image of hot summer nights is often used to portray passonate and, often, violent, occurences.

This is not limited to music or fiction.

We often see what might otherwise be verbal arguments escalate into physical altercations. Maybe it is the heat that makes tempers more flammable. For example, on Saturday, I wrote about a woman who was shot by police after she allegedly assaulted them with a knife. This was, of course, after she had assaulted someone else at home with the knife. This ended tragically…the police shot and killed her.

This is also a story which may bear a closer look this week, by the way.

Continue reading "Summer crimes – Disorderly conduct, assault and battery, drunk driving…. a criminal attorney’s view." »

Yesterday, as you may have read through various print and other media outlets, I had occasion to drive to North Adams, Massachusetts on a new case. As I traveled the various hours, I was reminded again and again through the radio how I was actually taking my life in my hands. This has not been a great summer so far for driving safely. The only thing that seemed to make the odds in my favor for arriving in court and then at my office in Cambridge was the fact that I was not a member of any police force.

There have been a number of incidents where officers have been struck by civilian drivers over the past month. The latest example to grace the headlines was Mathew C., 24, (hereinafter, the “Defendant”). On Saturday morning, he allegedly rear-ended a state police cruiser in a highway breakdown lane. He is said to have had a blood-alcohol level over twice the legal limit. Police also claim that he admitted at the scene to having had “too much” to drink.

I guess that would seemgly slam the lid shut for a prosecution for, among other things, drunk driving.

This was the fifth such crash in recent weeks. This time, the police say, the driver didn't brake at all before slamming his car into the cruiser.

Continue reading "A Boston Criminal Lawyer Wonders How Latest Drunk Driving Accident Will Effect Law" »

Today’s posting on the Boston criminal lawyer blog does not really involve Boston.

It does involve criminal law, though. As well as show business.

You may have heard snippets over the past months of Lindsay Lohan and her difficulties with the law. One such difficulty has been showing up in court for such incidentals such as probation violation hearings.

Finally, it would seem that the court had enough.

Yesterday, a Los Angeles judge found Ms. Lohan in violation of her probation. The actress was sentenced to 90 days in jail. The hearing revolved around a missed court date in May. Ms. Lohan had claimed that the reason she had missed the court date was that she had lost her passport at the Cannes Film Festival and was unable to travel back to the states to attend the court date.

I hate when that happens, don’t you?

Continue reading "Boston And The Rest Of The World Watch As Lindsay Lohan’s Probation For Drunk Driving Is Surrendered" »

Massachusetts had more than its fair share of crimes this past holiday weekend. There were shootings in the Boston area, one homicide and, as one would expect from such a weekend, plenty of vehicular crimes. Criminal Defense attorneys will be needed.

For example, one Massachusetts woman was arrested this weekend in Salem, N.H., after police said she stole purses and led them on a harrowing chase with her 12-year-old daughter in the car.

This would be Maria M., 36, of Lawrence (hereinafter, “Mother Defendant”). She is said to have targeted customers at the Christmas Tree Shops, Target, and Market Basket in the area. According to the authorities, she would reach for purses left in shopping carts while the women looked away and "larcenied" her financial cares away.

According to witnesses, Mother Defendant brought a “young girl”, presumably her daughter, along for the July 4th festivities, as she liberated items from said purses.

Once the police spotted the described car, along with the occupants matching the description, they tried to pull her over.

This did not go too smoothly.

Continue reading "Lawyers Needed For Massachusetts Vehicular Crimes During Holiday Weekend" »

With so many people taking to the roads this holiday weekend, local and state police will be on the lookout for motorists that appear to be driving drunk. According to AAA Southern New England, there will likely be a 5.4% increase in travel this Memorial weekend over last year, with 32.1 million travelers headed somewhere. Many of these people will be in cars, motorcycles, buses, and trucks.

If you are arrested for Massachusetts DUI, DWI, or OUI, it is important that you speak with an experienced Boston criminal defense law firm that knows how to successfully represent clients charged with drunken or drugged driving. These are not the type of charges that you should take lightly. A conviction for drunk driving or driving while under the influence of drugs could increase your insurance rates, restrict your right to drive, and land you in jail. These consequences can impact your ability to make a living, complete your studies on time, or keep you away from your loved ones.

If someone was injured or died in a drunk driving accident that you are charged with causing, the penalties and sentences can be extremely severe. A conviction for Massachusetts OUI causing serious bodily injury can come with a 10 years maximum prison sentence. A Massachusetts OUI motor vehicle homicide conviction can carry a maximum 15 years in prison.

A good Boston drunk driving lawyer can help you obtain the best outcome possible for your case. Your Boston criminal defense attorney can also make sure that your rights are protected and that your case doesn’t’ get lost in the shuffle.

Your Massachusetts criminal defense team can determine whether authorities followed the law when apprehending you and make sure that they properly administered any sobriety tests. There may be evidence that needs to be thrown out or charges against you that should be reduced or dropped completely.

As holiday weekend begins, drivers hit the highways, Boston.com, May 28, 2010

The General Laws of Massachusetts

Related Web Resource:
http://www.justia.com/criminal/drunk-driving-dui-dwi/
http://www.boston.com/news/local/articles/2010/05/23/tragic_consequences_of_teen_drinking_loom_again_as_prom_season_approaches?mode=PF

AAA Southern New England

The Boston Globe posted a “snapshot” on May 13th reviewing how busy the various Massachusetts are in terms of criminal cases. You can view it here.

As one can see, the number of criminal defendants handled by the different district courts varies widely. Springfield and Worcester, for example, saw more than 11,000 defendants each in 2009. Six courts saw fewer than 1,000. These were Gloucester, Winchendon, Newton, Brookline, Ipswich and Nantucket.

Generally, the busiest courts are the ones nearest metropolitan areas. Thus, Dorchester and Roxbury are liable to be busier than Newburyport or Sandwich.

Depending on the areas, some criminal cases are more prevalent than others. For example, you can expect more homicide cases to be passing through on their way to indictment in the busier courtrooms than someplace like Ipswich.

Another variable that can effect how busy is a certain court is the presence of schools, particularly high school and college. As we have discussed, this is likely to grow given the new bullying law.

Continue reading "A BOSTON CRIMINAL LAW ATTORNEY REVIEWS CRIMES AND CRIMINAL DEFENDANTS IN DISTRICT COURTS IN 2009" »

Just to show you that the Boston Criminal Lawyer Blog is not only focusing on kids these days and their foibles, such as attempted murder, we discuss today a slightly older gentleman in need of counsel…lots of it.

The gentleman, Michael G., 31 (hereinafter, the “Defendant”) hails from Salem and was arrested in Swampscott for operating under the influence as well as one or five other charges. He was apparently not charged for other, somewhat unusual items of interest in his car.

The Defendant was brought to the Lynn District Court where he was charged with operating a motor vehicle under the influence of alcohol, negligent operation of a motor vehicle, operating a motor vehicle with a suspended license, drinking alcohol from an open container in a motor vehicle, marked lanes violation and following too closely.

Swampscott police had been alerted to the Defendant, who is a student at Wentworth in Boston, as he sped by on New Ocean Street around 3:30 a.m. April 30.

As the police followed him, the Defendant is said to have been weaving all over the road and tailgating another vehicle, before he was pulled over on Paradise Road.

Continue reading "The Boston Criminal Lawyer Blog Reveals A North Of Boston Drunk Driving Matter With A Twist" »

Tempers sure are flaring now that it is known that no serious injuries resulted from the collision between a Green Line MBTA train smashed into a jeep! Transit officials are crying “Foul!” against the athletes who had been in the jeep. Crimina-Defense-Attorne- Needing-type-Foul.

The crash took place this past Sunday around midnight as a Green Line trolley driver, traveling about 30 miles per hour, was heading westbound en route to stop at Greycliff Road and Commonwealth Avenue in Brighton. Yards from the Greycliff Road crossing, the driver says he noticed a black Jeep Cherokee at the intersection at Commonwealth Avenue.

According to an MBTA transit police report, the driver sounded the horn five times and then engaged the emergency stop. The jeep's driver cut in front of the train as if attempting to make a U-turn onto Commonwealth.

WHAM!

The trolley struck the side of the Jeep, pushing it back onto Commonwealth Avenue. When the jeep stopped, according to the report, some of the its occupants got out, grabbed items that appeared to be alcoholic beverages, and then fled down Greycliff Road.

Continue reading "T-Crash May Result In Alcohol Related Charges For Boston College Students" »

One moment. One very bad moment following a very bad decision. Boston criminal defense attorneys see it every day.

That's all it takes to ruin, or even end, innocent lives....as well as guilty ones.

It is a lesson that we witness played out on the Commonwealth streets this past Monday. Now, here are two similar stories to show it is a lesson that is still being learned quite late.

Let’s take the case of Jonathan C. , 19, of Saugus (hereinafter, "Defendant1") for example.

Defendant 1 spent a very painful day in Lynn District Court this past week. He is now spending time in Commonwealth housing.

Defendant 1 pleaded guilty in a vehicular homicide matter which had caused the death of one woman and severely injured another. In open court, he apologized to the family on the other side of the tragedy, explaining, “There is not a day that goes by that I don’t think of it.’’

Continue reading "A Boston Criminal Defense Lawyer's take on Vehicular Homicide And Very Bad Moments" »

Well, this week has not been particularly good on the streets of Massachusetts. At least three deaths in two days alone! Lots of fodder for lawyers.

“Well, of course not, Sam”, you tell me. It was raining to almost biblical proportions!”

Yes, well that ended on Monday. It’s been kind of sunny the rest of the week, which is when the deaths occurred.

For example, Bruce F., 46 of Salisbury (hereinafter, “Fatality #1”) was fatally injured when he was hit by a car after stepping into the right lane on Route 95 South in Newbury at about 7:30 p.m. on Tuesday night.

Continue reading "Attorney Sam's Take: Three Deaths On Massachusetts Streets In 48 Hours" »

You are driving around on a wintery Massachusetts night, maybe after a couple of drinks that you are sure did not effect you. All of a sudden there is a large bumping feeling and a sound that tells you that you have hit something. The temptation is to put the problem, whatever it may be, behind you and to get out of there fast. You think that to do otherwise is foolhardy and could cost you your license and the need to hire one of those criminal defense attorneys.

Avoid that temptation. The fact is that leaving the scene of an accident, whether physical injury to a person or simply property damage was caused, only makes a bad situation worse.

Let’s look at a couple of very recent examples.

17-year old Sandwich teen, Sarah G. (hereinafter, “:Teen Defendant”) began the new year after collecting a bunch of charges that were only made worse by leaving the scene. She is drove into the rear of a police cruiser. She then apparently tried to leave the scene but was apprehended shortly thereafter. She is now facing charges which include leaving the scene of an accident, unlicensed operation of a motor vehicle, failure to stop for police and underage alcohol possession, according to the Cape Cod Times.

Continue reading "Leaving The Scene Of An Accident In Massachusetts Brings The Need Of An Experienced Criminal Defense Attorney For Firefighter And Student" »

“Look, you seem like a good kid. Boston needs more people out there like you…productive citizens. I have no interest in jamming you up. Just tell me your side of things and I will talk to the District Attorney and see what we can work out.”

You would be surprised how comforting those words seem when coming from the police officer who has you in the little room at the local police station talking about that nasty-sounding murder that everyone is upset about. You may be even more surprised at how many people leap to those words as if from a burning building to tell their “side of things.”

The next time they see that “side”, it is often almost unrecognizable as it reflects from the pages of a police report. Yep, the prosecution went through anyway. Who knew?

As most daily readers of this blog know, there is no law that says you must talk to the police when they come to question you. Quite the contrary. You have a Constitutional right not to talk to them. You have a right to ask for an attorney to be present as well.

“Well, Sam, if I say I do not want to talk to them, or ask for an attorney, aren’t I basically confessing that I have something to hide?”

Continue reading "Attorney Sam’s Take: MA Rape, Robbery Or Assault Charges – When To Talk To Police" »

It's holiday time again!. This weekend is Halloween, as I am reminded every day when I try to drive through downtown Salem. As is usually the case, around Boston and environs, law enforcement is particularly aware about drunk drivers. One very recent case, however, did not really take all that much detection. By the time it was over, there were two Pittsfield women needing criminal defense attorneys come yesterday.

Victoria D., 22, and Felicia M., 21 (hereinafter collectively, the “Defendants”) were in a car Saturday. The car ended up crashing into a house on Route 9 in Schodack at about 5:00 a.m. According to the police, the accident caused “substantial damage”.

The Defendants were then transported to Albany Medical Center Hospital.

As the police came to investigate, they say they discovered that both women had been drinking alcohol. The Defendants also gave conflicting accounts as to which one was driving at the time the car careened into the house.

Continue reading "Drunk Driving Accident Leaves Two Suspects Needing Lawyers" »

The issue of Search and Seizure is in the news again today. While the case itself is not based in Boston, it is of interest to lawyers, police officials and drivers anywhere. Why? Because it involves the United States Supreme Court, which seems split on the subject.

The case actually hails from Virginia and the conviction of Joseph A.M.H.,Jr (hereinafter, the “Defendant”) for drunk driving. It seems that the Defendant was pulled over by the police before they saw him break any traffic laws. That conviction has been overturned on appeal by Virginia’s Supreme Court.

And that is the issue. Did the police have the right to pull over the Defendant before they saw him commit any crimes?

Continue reading "Drunk Driving Case Ignites Legal Fight On Search And Seizure" »

Ahhh…summer! Time for hitting the beaches, cookouts and, as I have said before, Jimmy Buffett tunes. Today, I am reminded of another of Buffett’s songs, namely “Boat Drinks”. Maybe it is because I am dropping off my son at a boat this morning, but more likely it is because I am reminded about a crime that few people are arrested for although we know it happens a great deal. It is one area in Boston-area criminal defense one does not find many specialists.

The crime is boating while intoxicated.

For many, alcohol is as much a part of boating culture as sunscreen and fun. But in Massachusetts, where more than 140,000 recreational boaters cruise the waterways, intoxicated skippers are rarely arrested. For example, last year, boating under the influence charges were brought against just six people.

This is apparently not the same nationwide. For example, last year, Indiana had 121 such arrests. Missouri boasts 17 such arrests at on-the-water sobriety checkpoints in just one weekend.

Continue reading "Arrests For Drunk Driving On The Water Dwindle – Why Would That Be?" »