Boston Criminal Lawyer Blog

The Boston Criminal Lawyer Blog has regularly suggested how an experienced defense attorney can help you if there is an outstanding warrant for your arrest.

It may be that Dr. Conrad Murray,( hereinafter, the “Defendant”) the doctor who administered the fatal dose of Propofol to Michael Jackson and now is to face homicide charges is a reader! Well, if not, at least he is being similarly advised.

According to law enforcement, his attorneys have been in contact with the L.A. County District Attorney's Office to surrender on charges of involuntary manslaughter . Apparently, the plan is that the prosecutor will file the charges with the court and then immediately notify the Defendant’s lawyers. They will then bring the Defendant downtown to court to surrender to a judge.

What happens next is anybody’s guess. He could be arrested and held. He could be simply arraigned. There is one sticking point, though. It would appear that this is not the Defendant’s only legal problem at the moment. Apparently, there is a case against him in Las Vegas brought by a medical imaging company for non-payment of fees. There is currently a default judgment against the Defendant in that matter.

Continue reading "Attorney Sam’s Take: Does Michael Jackson Homicide Doc Read The Boston Criminal Lawyer Blog?" »

For the last two days, the daily Boston Criminal Lawyer Blog looked at two recent matters wherein Massachusetts defendants were stopped by law enforcement in their vehicles, wherein drugs were found. During the investigations, sometimes more drugs were found at various locations…sometimes it was a href="http://criminal.altmanllp.com/lawyer-attorney-1452603.html">weapons.

Rest assured that while the police and courts treat drug possession and gun possession very seriously…the combination is extremely eye-opening to them. It is the stuff that headlines are made of.

In any event, one last issue remains unexamined. In the Marblehead matter, additional material was found in the defendant’s home.

The question arises whether we are less protected in our homes or our automobiles from police invasion into our privacy in terms of search and siezure.

This is what today’s posting, ending this three-part-series will address.

Continue reading "The Search And Seizure Of Two Massachusetts Drug Suspects (Part Three)" »

While the rest of us were celebrating freedoms that are the legacy of heroes like the late Dr. Martin Luther King yesterday, one gentleman from the North of Boston was adjusting to the trade of his need of a defense attorney for a ten year term of imprisonment in Massachusetts prison.

Of course, he has already served approximately six of those years awaiting trial.

Geraldo S., 32, of Marblehead (hereinafter, the “Defendant”) was found to be in possession of a kilo of cocaine after a traffic stop in 2004. On Friday, he pled guilty to the reduced charge of trafficking over 100 grams of cocaine . This was the result of a plea bargain with the prosecution. Had a deal not been struck, the court would have had no choice but to sentence him to at least fifteen years in the event of a conviction.

Key to the plea bargain was a confession made to law enforcement.

The Defendant’s most recent criminal justice woes were the result of an investigation by the Marblehead police. Part of the investigation involved the fact that, apparently, the Defendant was known by several different names.

Continue reading "The Search And Seizure Of A Marblehead Drug Suspect (Part One)" »

So, yesterday, you weighed your options and you decided to follow the advice of the Boston Police Department rather than ol’ Attorney Sam in dealing with the Clerk Magistrate’s Hearing. You just ambled in on your own, gave it your best shot, and walked out with a date to return to court for an arraignment.

Now what?

Well, by some unrealistic trick of time, your arraignment was set for tomorrow.

Wonderful. Nothing like a little pressure for the holidays, right?

Let’s also assume that you learned your lesson and that, on the way out of court yesterday, new summons in hand, you did not ask Officer Gotcha if you need to hire a lawyer by tomorrow and, if so, you did not follow his advice when he looked at you as if you had three heads and sneered, “Nah. They’ll give ya a free one. Don’t worry about it. Hey, by the way….never too late to make a statement you know.,,.!”

Continue reading "Attorney Sam’s Take: You Have To Go To Massachusetts Court Tomorrow For That Assault Case (Part Two)" »

Although it seems like the beginning of a horror novel, you know the scene pretty well by now. You are in your Massachusetts home in the evening just relaxing, watching reruns of Boston Legal. The knock come on the door and it is the police.

Before you know it, someone from the home is dragged out the door wearing the Commonwealth Bracelets of Shame. Maybe it is you.

“What is going on?”, you demand.

The police tell you that they are there “on a warrant”.

Your mind swirls. “On a warrant”. What does that mean? A search warrant? Arrest warrant? Bench warrant?

Before you can respond, it is all over. Maybe your lawyer can explain it to you.

Fear not. This lawyer can explain it to you.

Continue reading "Attorney Sam’s Take: MA Default – Bench Warrant And Arrest Warrant: What Is The Difference?" »

It was 6:10pm of December first and Joshua S., 32, (hereinafter, the “Defendant”) may have expected it was dinner-time. It wasn’t. It was arrest-on-outstanding-warrant and meet-your-lawyer-time.

The Defendant, it seems, was found in the basement of a home when the Gloucester police showed up and found him. There was an outstanding warrant for him and so he was immediately taken into custody to be brought into court the next day.

No need for questioning. No need for further explanation.

End of story.

Continue reading "Whether For Assault, OUI or Any Kind Of Criminal Matter, An Outstanding MA Warrant Means Quick Jail Time- How A Lawyer Can Help" »

Felix G., 30, of Worcester (hereinafter, the “Defendant”) is no longer running from the law. That chase ended yesterday in New Jersey as law enforcement caught up with him and now prepare to bring him back to the Boston area, where he will be needing a very good criminal defense attorney.

Authorities say that he was hiding at a relative’s apartment. He was hiding from a fugitive from justice charge. In other words, there was an outstanding warrant for his arrest from which he had fled. Perhaps that family member would have been more reluctant to house him if it had been known why the Defendant was hiding.

According to the Commonwealth, the Defendant and a roommate had been watching a soccer game and drinking beer on Sunday night. Then they began arguing about the game. Then, the Defendant decided to have the final word by shooting his roommate repeatedly in the back, killing him.

Apparently, the Defendant’s first attempt to flee did not include another state. He was found Monday morning drunk in a hotel lobby. However, the warrant for his arrest for the murder had not yet been issued, so he was released by the police who disturbed his slumber to bring him into custody.

Continue reading "Massachusetts Warrant Leads To Arrest Of Murder Suspect " »

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

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

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

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

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

It’s been awhile since the Boston Criminal Lawyer Blog reviewed a story about a high speed chase. Today we discuss a racer who recently tried his luck against law enforcement. He won the runner – up prize; namely, the need for a criminal defense attorney.

The nearly 30-minute chase began after the Defendant fled from the scene of an accident. He is also said to have been driving with a suspended license.

James P., 42 of Pembroke (hereinafter, the “Defendant”) led the police on the chase on Sunday. The chase included driving in the wrong direction on each side of Route 24, speeds up to 90 miles per hour and sparks flying from two of his tires that were worn down to the rims. It ended with the Defendant’s arrest…seven years to the day after police had arrested him after another high-speed chase.

Continue reading "Suspect Driving With Suspended License Arrested After Leaving The Scene Of An Accident" »

Do you think the nightmare cannot find its way to your house? A Natick couple, who happen to be attorneys themselves, are learning that it can come to anyone’s door. The nightmare of which I speak is the criminal justice finger of accusation. The parents are well-known respected lawyers in the Boston area. Their son has been accused of selling marijuana.

That might be bad enough. But the couple’s 20-year old son (hereinafter, the “Defendant”), according to court documents, instead of offering up friends as co-defendants, has offered up mom and step-dad to the authorities. He claims that they knew about his drug business and failed to stop it. They have, as one might expect, denied the allegations.

The Defendant was arrested last Friday after Natick police served a search warrant at his family’s home. Police say that they found 15 bags of marijuana, a scale and other paraphernalia, and three weapons: a shotgun, a set of brass knuckles, and a double-edged throwing knife.

According to a police report, the Defendant told officers that his stepfather helped him build a grow room for the marijuana and shared in his drug dealing profits. He also alleged that his mother instructed him to burn marijuana he had before calling police about a shooting at the family home on July 31.

According to the police report, detectives started investigating the Defendant after he was shot in the hand during a home invasion reported July 31.

Continue reading "A Search Warrant Results In Drug Arrest And Trouble For a Boston-Area Family" »

Do you think the nightmare cannot find its way to your house? A Natick couple, who happen to be attorneys themselves, are learning that it can come to anyone’s door. The nightmare of which I speak is the criminal justice finger of accusation. The parents are well-known respected lawyers in the Boston area. Their son has been accused of selling marijuana.

That might be bad enough. But the couple’s 20-year old son (hereinafter, the “Defendant”), according to court documents, instead of offering up friends as co-defendants, has offered up mom and step-dad to the authorities. He claims that they knew about his drug business and failed to stop it. They have, as one might expect, denied the allegations.

The Defendant was arrested last Friday after Natick police served a search warrant at his family’s home. Police say that they found 15 bags of marijuana, a scale and other paraphernalia, and three weapons: a shotgun, a set of brass knuckles, and a double-edged throwing knife.

According to a police report, the Defendant told officers that his stepfather helped him build a grow room for the marijuana and shared in his drug dealing profits. He also alleged that his mother instructed him to burn marijuana he had before calling police about a shooting at the family home on July 31.

According to the police report, detectives started investigating the Defendant after he was shot in the hand during a home invasion reported July 31.

Continue reading "A Search Warrant Results In Drug Arrest And Trouble For a Boston-Area Family" »

Remember when you were young and parents, teachers and clergy kept insisting upon the benefits of sharing? Well, Investigators in Western Massachusetts have recently learned those benefits first-hand. As a result of sharing information with other police departments, West Stockbridge law enforcement believe they have stopped a spree of burglaries and larcenies. Of course, the other passenger on this sharing train is the gentleman they arrested; he gets a lawyer.

Timothy W., 40, of Great Barrington (hereinafter, the “Defendant”) is that gentleman. He was arrested Thursday and arraigned in Pittsfield Superior Court on Friday. At that time, he was merely being charged with the break-in and theft at Rouge, a restaurant on West Center Road in West Stockbridge. However, law enforcement now believe that Rouge was one of a number of late-night break-ins which took place in the town last week.

Counting the eatery, there were allegedly six buildings broken into late night Wednesday or early Thursday morning, including three restaurants, a gift shop, a real estate agency and a vacant home.

Unheard of? Apparently not.

Continue reading "Metro West Man Arrested For Breaking And Entering And Larceny Due To Interstate Investigation" »

Two Massachusetts Criminal Defense Attorneys have new clients resulting from their dealings with local police departments this past weekend. The two men handled the situation differently, but both methods ended in the same place...custody.

First there was the adventure of Randy G., 25 of Boston (hereinafter, “Defendant 1”). Defendant1 indicated that he was rather fond of doing business with a certain undercover police officer. In fact, he liked him so much, he thought it would be nice for the undercover to be a regular customer for his drug trade.

How did he do that? Well, the good old fashioned way – he tried to entice him with a bargain. He offered the undercover detective a lower price on crack, cocaine, if he would buy in volume.

The bargain was that Defendant1 would sell the UC seven or eight bags of crack for only one hundred dollars if he agreed to join his cadre of regular customers.

Not a bad deal…if you are in the market for that sort of thing.

The UC, however, wasn’t. He responded by offering Defendant1 a pair of the Commonwealth’s Bracelets of Shame. It was a deal Defendant1 could not refuse. Literally.

Continue reading "Boston-Area Drug And Theft Suspects Are Arrested After Police Investigations Despite Differing Approaches" »

Dogs are considered “Man’s Best Friend”. In the Boston area, though, they are particularly close with "man" involved in criminal prosecutions. After almost a quarter century as an attorney, I can finally see the day coming when I may have to cross-examine a pooch. A number of cases this very month underscore the canine war against crime.

Let’s start with a story from the Boston Herald this very Tuesday. Michael P., 52, of Allston (hereinafter, “Defendant 1”) had a bit of an altercation with his neighbor’s German shepherd. Yes, the altercation included Defendant1’s assault of the dog.

You see, Defendant 1 says he was frustrated and angry with the dog because it constantly barked at him from behind a fence. For some reason, Defendant1 apparently thought that throwing hot coffee in the dog’s face might clear up the issue.

The police were called to the scene. While the dog’s owner told prosecutors that his dog suffered no injuries, the officers were still able to smell the coffee on the dog’s fur.

Continue reading "Boston-Area Dogs Assist Law Enforcement As Both Canine Police Officers And Crime Victims " »

In Massachusetts, state and federal judges have issued arrest warrants for the capture of Cynthia Dziurgot, a Clinton attorney who has disappeared. Dziurgot, who owes her ex-husband almost a million dollars, failed to appear at bankruptcy and probate proceedings this month. Now US Marshals are looking for her. Foul play is not suspected at this time. Her lawyer says he has not heard from her for several weeks.

Dziurgot’s ex-husband, John Farnsworth, filed for divorce from her. They were married over 10 years and separated for five months. A Massachusetts judge granted their divorce in 2008. As part of the terms of their divorce settlement, Diziurgot was supposed to pay her ex-husband $650,966 plus $100,000 in legal fees. With interest, this amount has grown.

Diziurgot filed for bankruptcy protection. Last November, she was found in contempt of the judge’s order for failing to pay her ex-husband the money she owes him and was briefly sent to Framingham State Prison in December. Her attorney managed to temporarily stay the 90-day sentence. During a number of Probate Court hearings in February, Dziurgot stated that she could not afford to pay her ex-husband.

A number of creditors have also been pursuing her over her bankruptcy cases. The Clinton attorney owns an elaborate mansion that is currently in receivership. The 21-room residence is being sold for $699,900.

Dziurgot is a well-respected member of the Clinton community. She serves on Clinton Hospital’s Board of Directors and was previously named Wachusett Chamber of Commerce’s Professional of the Year.

Massachusetts Arrest Warrants
If a judge has issued an arrest warrant issued ordering police to bring you to a Massachusetts court, you should contact an experienced Boston criminal defense law firm right away to help you deal with this. Unfortunately, outstanding warrants don’t just go away and harsher penalties can start to pile up the longer you wait to take care of this matter.

Lawyer locked in nasty divorce feud on the run, Boston Herald, May 25, 2009

Truant lawyer is ordered arrested by second court, Telegram.com, May 20, 2009

Related Web Resource:
Massachusetts criminal records search, CRS

Continue reading "Massachusetts Arrest Warrants Issued for Missing Clinton Attorney After She Fails to Appear in Court For Divorce Settlement Proceedings" »

Over the past months in the daily Boston Criminal Lawyer Blog, I have been spend a lot of time suggesting to potential defendants the best way to respond to police officers at the time of impending arrest. In fact, last Thursday, our weekly “Attorney Sam’s Take” posting about issues in criminal justice, was devoted to the issue. I have warned you about not trying to outwit, outfight or out-run the police. Unfortunately, I have neglected to warn people about avoiding the officers’ means of transportation. Now, perhaps because of this neglect, Todd D., a 31-year-old homeless gentleman from Springfield (hereinafter, “Defendant1”) needs a lawyer.

The event took place last Thursday morning at Springfield’s Worthington Street parking lot.

Yes, Defendant1 is said to have broken into the car in front of police officers so that they could witness it.

Yes, it was a police car…although unmarked.

Continue reading "Massachusetts Warrants Catch Up With Two Defendants Who Break Into Motor Vehicles And Will Need Experienced Attorneys To Defend Against Increased Criminal Sentences " »

Once again, you are being arrested in Boston. Maybe you are out for a “night out on the town” and the town, and its inhabitants, has turned on you. Perhaps you are carrying something that has been branded as illegal…such as a gun or some drugs. Maybe there is a warrant out for your arrest and, for some reason, those police officers on the corner are looking at you kinda funny. Whatever the circumstances are, members of law enforcement are coming to approach you and they are not baring gifts…except for the Commonwealth’s Bracelets of Shame. Oh, how you wish you had your lawyer standing right beside you.

But you don’t.

You are on your own until you can get to the experienced criminal defense attorney whom you long ago learned from this daily blog you should consult.

What to do.

In today’s weekly Thursday Attorney Sam’s Take, we look at these crucial moments during which time you will decide how to respond to the approaching officers. If you are a regular reader to this blog, you probably know a lot of what I am about to tell you already. However, it is worth reviewing, since getting it wrong could cost you a lot of years.

Continue reading "What Should You Do If You Are Being Arrested In Boston? The Boston Criminal Lawyer Blog Answers The Questions Of What To Do Until You Contact Counsel" »

You are arrested in Massachusetts. Being an avid reader of the daily Boston Criminal Law Blog, you know that what you do in the next few minutes could mean the difference between sleeping at home or at the local jail for the next few weeks. You remember that there were a variety of postings that had talked about things that could help and things that could hurt your chances at being released on low bail. But it was always about this story or that story…never a simple overview about bail and what determines an arrestee’s bail conditions.

Until now, that is.

In this, the latest edition of our weekly Thursday Attorney Sam’s Take, where we discuss certain issues facing people in the criminal justice system, we tackle the pre-trial release question.

Most people have heard about a “right to bail”. However, that “right” has been compromised over the years as the courts have been weighing it against the rest of the community’s rights.

The issue of bail is chiefly about the question of whether a criminal defendant is likely to return to court to answer the charges against him or her as it proceeds, over the next several months, to trial. The theory is that if the court is holding some of the defendant’s money, then the defendant will be less likely to flee. Therefore, at a bail hearing, one hears the prosecutor giving all the reasons the defendant to believe the defendant will not come back to court, while the defense attorney argues all the reasons to believe he will return to court.

While the strength of government’s case will likely be argued, it is not the real issue in a bail hearing. Therefore, simply arguing the facts as if the underlying case had now gone to trial, alone, is not that much help. However, it is relevant if one can persuade the court that the case against the defendant is weak and therefore he has every reason to want to return to challenge the non-existing evidence and clear his name.

This is the same reasoning in considering the seriousness of the case. For example, if the defendant has been charged with murder, considered the most serious of cases and punishable by either life imprisonment without parole or, in the federal system, the death penalty, the courts consider that these potential outcomes are usually enough reason to make a defendant not want to return for the outcome. These kinds of cases are among the few times a defendant can be held without bail for actual bail purposes.

Continue reading "You Have Been Arrested In Boston For Assault, Murder Or An Outstanding Warrant; Will You Be Released On Bail? " »

Attorney Sam’s Take: Welcome to the first posting of a new weekly feature on the daily Boston Criminal Lawyer Blog. Each Friday, I will post in this particular format, dealing specifically with an issue which people face every day in the criminal justice system.

THIS WEEK: WHAT EXACTLY IS AN “ARREST WARRANT”, HOW LONG IS IT VALID AND WHAT CAN YOU DO TO GET RID OF IT?

An arrest warrant is similar to a search warrant that you hear so much about on television and in the movies. You know the scene…the detective shows up on a murder suspect’s door and asks to come in.

The suspect sneers, “Where’s your warrant?”

The Detective waives a piece of paper and the suspect frowns and opens the door to let the detective in.

The search warrant is simply an order from the court allowing the police to search a particular place. There are all kinds of technical issues with search warrants, but that is basically all that they are. An arrest warrant is simply an order from the court allowing law enforcement to take the person named in the warrant into custody.

Normally, there are certain restrictions for when an officer can take someone into custody…in other words, arrest him. With the arrest warrant, nothing else is needed. The officer finds the suspect listed on the warrant and can arrest him on the spot.

So, what do you have to do wrong in order to get an arrest warrant issued against you?

Continue reading "Have an outstanding arrest warrant in MA? Here is how to deal with it." »

These have been big days for narcotics law enforcement specialists. State agencies as well as Boston’s various local FBI, ATF and DEA agents worked together to bring suspects to court and clients to lawyers.

Let’s take Pittsfield first. There, three daytime raids resulted in the seizure of approximately $35,000 worth of drugs as well as the alleged leader of the Bloods gang.

The hope is that the synchronized raids will bring an end to the violent crime problem that has been plaguing the area. The police chief said, “By following up in this investigation, it is our hope and expectation that we will come to a solution in some, if not all, of the violence that has plagued Pittsfield over the last several months."

The raids were a result of an ongoing investigation by the Berkshire County Drug Task Force and the Pittsfield Police Department drug unit.

Meanwhile, a South Easton man was arrested on Massachusetts cocaine trafficking charges after police seized about $30,000 in cocaine and $9,000 cash in an undercover narcotics investigation headed by Foxboro Detective Thomas Kirrane and Sharon Detective Scott Leonard of the Norfolk County Anti-Crime Task Force.

Stephen K, 52, (hereinafter, the “Defendant”) who lives at the Easton Mobile Home Park on Route 138 in South Easton, was arrested last Wednesday in the Shaw’s supermarket parking lot at 760 South Main St. in Sharon, near the Foxboro line. When he was arrested the Defendant, who also has an address in Florida, had numerous bundles of cocaine with an estimated value of more than $2,000 and more than $2,300 in cash

Continue reading "Drug Arrests made in MA -Felony Drug Charges To Follow, Including Trafficking and Distribution" »