Boston Criminal Lawyer Blog

There are alleged truths that we treasure about our criminal justice system. We hold these beliefts dear because they make us the “fairest” system in the world.

Among them are the following:

1. All accused are presumed innocent unless and until proven guilty beyond a reasonable doubt.

2.We believe that a jury verdict is the word of the people, our peers. Except in situations where we find that the judge made a legal error that deprived the defendant of a fair trial, we generally adopt the jury verdict as truth.

3.Our system is as compassionate as possible. While we also wish to punish, our other main objectives in passing down criminal sentences are consideration of the defendant’s past and hope for his/her rehabilitation, the effect of the case on the victims and the protection of the community.

Now, let’s apply these beliefs to the verdict and sentencing in Commonwealth of Massachusetts v. Mark Kerrigan, a Middlesex County homicide trial.

Continue reading "Woburn Assault Sentencing For Mark Kerrigan – How Did We Do? (Part 2 of 2)" »

If you heard a cacophony of crashing noises yesterday from the direction of Boston’s Beacon Hill, it was the sound of Massachusetts governor Deval Patrick , along with a certain Parole Board, caving in to public ridicule and political pressure.

As you have heard time and time again, the now-infamous Massachusetts Parole Board released a repeat violent offender in 2008. Of course, it was not the first time that this has happened. However, this time, said offender , in 2010, was involved in a robbery to which the late police officer John Maguire responded. There was a gunfight and the officer, as well as the offender, were killed. Since that time, amongst various reports of unexplained police shootings of suspects and non-suspects, a state-wide hand-wringing has been occurring.

Naturally, in 2011, tragedy must be someone’s fault. Someone living’s fault. Thus, it was the Parole Board’s fault.

At first, Governor Patrick had the gall to be a leader and indicate before rushing to judgment and demanding the Parole Board’s heads on a stick, that perhaps we should concentrate on the victims, then gather all the evidence and then decide fault.

Well, so much for that kind of nonsense.

Continue reading "A Boston Criminal Defense Lawyer Discuses Changes In MA Parole System Due To Homicide Of Woburn Police Officer- Attorney Sam’s Take " »

Sometimes it seems that the criminal justice system uses the intellectual equivalent of a bazooka to tackle an issue as logically mind-bending as kindergarten mathematics. Boston’s Supreme Judicial Court, normally needed to referee issues surrounding Massachusetts Murder, Robbery or search and seizure issues has now been called upon in one of these instances.

The matter involves Mr. John Canadyan Jr. (hereinafter, the “Probationer”). The Probationer is a convicted sex offender. After pleading guilty to two counts of indecent assault and battery on a child under 14, he was sentenced to 18 months in jail. He also received a term of probation and had to register as a Massachusetts sex offender on the appropriate registry.

The Probationer also happens to be homeless.

Now, as we have discussed in the past, being on probation is not a picnic. Generally, when a probation officer tells a probationer to “Jump!”, it is the probationer’s obligation to merely ask, “How high?”

There are, however limits.

Continue reading "Attorney Sam’s Take: Boston’s Highest Court Rules On Sex Offender’s Probation Violation" »

In a 4-3 ruling, the Supreme Judicial Court has ruled that unless released sex offenders violate their probation, they cannot be made subject to new probation limits. The decision was issued in the case of Level 3 sex offender Ralph W. Goodwin, who in 1990 was convicted of the Massachusetts rape and kidnapping a 7-year-old boy.

The 49-year-old Lowell man was released from custody last year after a jury determined that he was no longer sexually dangerous. Goodwin was ordered to undergo sex offender counseling and keep up his mental health care. However, his whereabouts were not restricted and no one ordered him to wear a GPS device so that he could be monitored.

Middlesex District Attorney Gerard T. Leone Jr. and the probation department disagreed with the lack of restrictions placed on Goodwin and sought that he be required to use a GPS bracelet. They also wanted him barred from libraries, schools, and playgrounds.

Noting the 2009 SJC ruling that the law requiring that all sex offenders on probation use GPS devices cannot be applied retroactively, a superior court ruled that imposing such restrictions on Goodwin was not legally permissible unless he violates his probation. Today, four out of seven SJC justices arrived at the same conclusion.

However, according to the Boston Herald, while the SJC was deciding Goodwin’s case he did in fact violate his probation by failing to fully participate in mental health counseling. He is now wearing a GPS ankle bracelet as a result of the violation.

Per probation data, because of the SJC’s 2009 ruling 162 people convicted of Massachusetts sexual crimes successfully petitioned the court to terminate their GPS monitoring. Another 160 sexual offenders who were convicted after 2006 were also allowed to get rid of their GPS bracelets.

Divided SJC bars new probation limits on some sex offenders, Boston.com, September 17, 2010

Sex offender in SJC case breaks probation, gets bracelet, Boston Herald, September 17, 2010

Related Web Resources:
Massachusetts Supreme Judicial Court

Massachusetts Law About Probation, Sentencing and Parole

Continue reading "Massachusetts Sex Offenders Can’t Be Subject to New Probations Restrictions Until After They Violate Rules, Says Supreme Judicial Court" »

Leave it to the good folks of Salem, MA, to find an original, if macabre, way out of a legal problem! Unfortunately, such bright ideas , when tried in the criminal justice system in lieu of just getting a good attorney, do not tend to meet with ultimate success.

Let’s take the case of Michael R., 42, (hereinafter, the “Defendant”). He was originally simply wanted on charges for the white collar crimes of forgery and counterfeiting . Now, he stands also accused of faking his own death to get out of his pending criminal woes.

According to law enforcement, his approach to Lady Justice included going to Salem District Court with what he represented to be a death certificate in his own name. Representing himself to be his brother ( hereinafter, "Brother"), the Defendant said that he ( the Defendant) had actually died the week before. A clerk put the certificate in the Defendant's file, and the pending case against him was dismissed.

Unfortunately for the Defendant, he had also been on probation for other offenses, including drunk driving. When the probation officer learned of the dismissal and untimely death, he became somewhat intrigued given that he had just spoken with the Defendant alittle earlier and he seemed fine, not to mention alive.

Continue reading "Salem MA Genius Adds Probation Violation And Fraud To Previous OUI And White Collar Criminal Woes" »

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" »

A fine and dutiful lass from Quincy got into a bit of trouble yesterday at the local district court. Now, after trying to pass some contraband to her boyfriend, through his lawyer, she needs an attorney herself.

Melissa A., 20, (hereinafter, the “Defendant”) found herself in the Commonwealth bracelets of shame after she allegedly smuggled a hypodermic needle into the courthouse in her bra as part of a scheme to pass heroin and cigarettes to her jailed boyfriend, police said.

You see, the Defendant is said to have approached her boyfriend’s defense attorney and asked him to deliver a bulky envelope to the man, who was in the court lockup awaiting a probation violation hearing, said Quincy police Capt. John Dougan. The attorney, perhaps concerned about the envelope, presented it to court officers instead.

Inside, the officers found heroin, cigarettes and hypodermic needles, Dougan said.

Continue reading "Quincy MA Woman Arrested For Drug Distribution...In Court!" »

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)" »

A Boston-area woman has now made her situation worse and her attorney’s job a lot more difficult.

Laura D., 23, (hereinafter, the “Defendant”) of Everett was being held in The Women in Transition program, a prerelease facility that provides help to 24 women who have committed nonviolent offenses and have drug and alcohol addictions. Unfortunately, she did not stay there. Instead, she escaped by jumping out the window.

Apparently, though, her freedom was short-lived.

According to Essex County Sheriff's Department spokesman Paul Fleming, "At about 11:20 [October 16th] morning it was noticed that she was missing from Women In Transition," Fleming said. "She was re-apprehended at about noontime in a cab heading south on Interstate 95, not far from the Route 1 exit. She was sent back to MCI-Framingham. She's violated the opportunity to rehabilitate herself through the Women In Transition program."

The Defendant had arrived at the program just days earlier from MCI-Framingham, where she had been serving a six-month sentence for possession of class B and class E substances. Had she not attempted to escape, her parole eligibility date would have been December 3rd, Fleming said. If she served her out her full six-month sentence, she would have been released on March 22nd.

And now?

Continue reading "Convicted Of Drug Charges, Boston-Area Woman Escapes Jail" »

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" »

It is Thursday and so, as any regular reader of the daily Boston Criminal Lawyer Blog knows, it is time for another Attorney Sam’s Take discussion about an area in the law which effects those who have found themselves involved in the criminal justice system. Today we examine the truth about being on probation.

If you have not experienced it yourself or through a loved one, probationary circumstances generally come about in one of two ways. The first is, after being re-named “Defendant”, one is allowed to await trial unencumbered by steel bars.

While this type of probation generally has no extra conditions (except keeping away from the complainant if there is one), it can have conditions. The one condition it always carries, however, may seem obvious…but the consequences usually are not. This is the condition of not getting arrested, or gifted with new criminal charges, while in this “bail” posture. What many people do not realize, although the court is now required to tell them upon the continuance of the case, is that if they do pick up new charges, they can be held on the present case in custody without any bail for up to 60 days.

That’s right…I did not say “convicted”. I was talking about simply being charged. For those of you scratching your heads, sensing an inconsistency, you are correct. This would mean that you could be held in custody without any bail on a matter in which you are still presumed innocent because you have been merely accused of another crime…of which you are presumed innocent and will not even face trial for a number of months.

As I have many times explained, simply being charged is the violation. It does not matter that you have not been convicted of anything.

Continue reading "The Boston Criminal Lawyer Blog Discusses The Truth About Probation Surrenders" »

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? " »

Workers in the sex trade have been in the news lately. First of all, we have heard a great deal about them as victims, as in the case of the so-called “Craig’s List Killer”. Some have been in trouble for things other than prostitution. For example, awhile ago, the Boston Criminal Lawyer Blog told you about an enterprising lass who had had a long-standing money-for-sex relationship with an older wealthy gentleman. When he decided to end what he called a “last hurrah”, she made a decision of her own – to blackmail him.

To refresh your memory, you may want to read the original postings, which can be found on the postings on 2/18/09 and 2/19/09.

While it is my usual practice to give the first name, last initial and age of people who populate the judicial system, law enforcement and the courts have found it vital to give no information about the complainant involved in this matter. Therefore, I think it only fair to only refer to the young lady as the “Defendant”, with no other identifying information in this blog.

You may recall that the Defendant was given a lenient federal sentence in exchange for keeping her former customer’s name a secret. We will call him “John”. She had allegedly threatened to expose John unless he paid her money.

A great deal of money.

$280,000 of money.

No, there are no rights to palimony for prostitutes recognized in the Commonwealth.

Continue reading "Boston Prostitute Violates Probation In Extortion Case And Is Sentenced To Halfway House" »

He is a famous Boston Defense Attorney...but not necessarily for his legal work. Mainly, it is his role of client that has brought Attorney Gary Z, 37, (hereinafter, the “Defendant”) to his present notoriety. Well, there was also that 2001 People Magazine that named him as one of the “hottest” bachelors around...!

But I digress.

The Defendant, a former prosecutor in Suffolk County, has been spending alot of time, both in and out of state, at the table on the other side of the room for the past few years. These matters included things like rape allegations brought by three different complainants.

All three complainants lost; the Defendant was acquitted twice; the third case was dismissed.

Most recently, the Defendant was on trial at the Boston Municipal Court for charges of Massachusetts assault and battery . He was accused of assaulting Boston police Sgt. David O’Connor along with the accompanying charges of disorderly conduct and resisting arrest. The allegations resulted from a June 18th Celtics game which erupted in what has been called “NBA Championship Fendemonium”.

O’Connor alleges the Defendant slugged him and fled when the officer caught him urinating in public. The Defendant, however, maintains it was he who was the victim of a vicious downtown beatdown by a half-dozen cops.

Continue reading "Boston Criminal Attorney/Defendant "Not Guilty" Of Assault...Again" »

Yesterday, the daily Boston Criminal Lawyer Blog visited the subject of prostitution prosecution with more than a little sarcasm and attempts at humor. I trust I have made my position known as to prosecution prosecutions, not that you asked. The fact is, however, that prostitution is illegal regardless of my opinion. As such, being arrested for it can lead to jail time.
It can also ruin your life in other ways.

Take, for example, a recent case in Haverhill District Court. Malissa M., 29, (hereinafter, the “Defendant”), was arrested on charges of operating a house of prostitution. At the same time as her alleged crimes, she was on Massachusetts probation and going to school. She also had custody of her daughter.

Now? After she explained these concerns with the seemingly sympathetic police officers?

All three of these things, as well as her liberty, are at great risk.

The Defendant decided, instead of getting the advice of a lawyer first, to talk to law enforcement. The police often invite these types of conversations holding out the hope of leniency. Under Massachusetts law, they are allowed to mislead and blatantly lie, in order to gain a confession. Generally, there is no such leniency. In fact, it is not even the officers’ discretion once the district attorney becomes invo9lved. There is, however, a stronger case for the prosecution as a result of such statements.

Continue reading "North Of Boston-Prostitution Charges - The Sequel" »

It is time for the “Hey, I’ll Bet I Can Make This Situation Worse” Club to announce its new spin-off organization, “Bet They Nail Me This Time!” I would like to nominate for the BTNMTT initial poster child a certain 19 year old woman, Elizabeth F. (hereinafter, the “Defendant”). Lately, she hails from Norfolk. However, back in 2006, she and her lawyer were trying to keep her free after she was involved in a Boston fatal hit-and-run case.

On Sunday, the Defendant, still on probation for the earlier case, was arrested in Ashland on drunk driving charges after she was found passed out behind the wheel of her car that had gone off the road, police said.

She was not alone this time. She was with elder 20 year old Carrie O. (hereinafter, the “Co-defendant”)… who was also passed out in the car.

As a result of their investigation, police say that the women appeared to be passed out from alcohol, not from any injury they received when the car crashed into a snow bank.

Fortunately, nobody was on the receiving end of the vehicle this time.

Continue reading "Former Boston Hit And Run Driver Must Have Golden-Tongued Attorney After Driving Drunk" »

..And now, let’s check in with the Bernard Madoff case, as we periodically do in this daily blog. You remember 70-year-old Bernie…admitted white collar criminal mastermind of the Boston-created Ponzi scheme that ended up bilking about fifty billion dollars from philanthropies, hospitals, rich people, poor people, charities, etc., across the country and, indeed, the globe.

When last we left Bernie, he and his lawyer were trying to prevent the government from convincing the court to have him await trial in jail instead of being in a probationary state in his luxury apartment. Guess what? He won that round.

You may recall I had predicted that, with a catastrophe this large, the finger of accusation would not be satisfied with just one man. Well, those who were supposed to have been regulating people like Bernie have been lounging around in the hot seat. But, now, it is someone else’s turn.

Robert Jaffe was a 64-year-old business associate of Bernie’s. He helped raise millions of dollars for Bernard L Madoff Investment Securities (BMIS) from Boston and Palm Beach's wealthy social sets. He was vice-president of Cohmad Securities, a brokerage that was 20 per cent owned by Madoff. Cohmad paid commissions to financial advisers who steered cash to Madoff's fund. He is also the son-in-law of Carl Shapiro, 95, a Boston philanthropist who is said to have lost $545 million invested with Madoff.

There are a number of investigations going on, both criminal and civil, regarding the Madoff Nightmare. Mr. Jaffe is currently being sought for his turn in the limelight. Unfortunately, he does not seem to want to go.

Continue reading "Boston Secretary Of State Tells Madoff Associate To Visit; Attorney Says “Nope”." »

…Meanwhile, back in the Bernard Madoff (hereinafter, the “Defendant”) drama, Magistrate Judge Ronald L. Ellis awaits written argument from the Defendant’s criminal lawyer as to why his client should not be incarcerated while awaiting trial for his artful recreation of the Boston – originated “Ponzi Scheme”.

The issues involved are an interesting combination of typical bail-related considerations as well as a novel twist to the “danger to the community” approach.

First of all, for those of you just waking up from about a month-long nap, the Defendant was arrested on December 11th on a securities fraud charge after the FBI said he confessed to swindling investors. Authorities say he told his sons he ran a $50 billion Ponzi scheme and had only a few hundred million dollars left.

The results of the fraud have been felt around the globe and across all strata of society.

He has been under house arrest at his multimillion-dollar Manhattan penthouse with an electronic bracelet and 24-hour guard.

But that status may be about to change.

On Monday, prosecutors asked the court for the Defendant's immediate incarceration, saying he and his wife violated a court order by sending jewelry and antique watches worth more than $1 million to relatives and friends over the holidays. They argued that the action violated a freeze of the Defendant's assets and demonstrated a danger to investors that he might dissipate assets. In effect, that by dissipating assets, he was continuing his thefts from his victims.

The judge asked lawyers on both sides during a bail hearing Monday to submit arguments this week to help him decide whether the Defendant should be jailed before trial.

Continue reading "Boston Watches As Bernard Madoff’s Criminal Lawyer Tries To Keep Him Out Of Custody" »

How did you begin your weekend? I began mine by driving to court in Boston, doing other lawyer-like things at the office and then running home to “hunker down”, as the radio told me to do, because of the impending snow. I also dug out my car a couple dozen times.

I felt alittle put-upon by all that nasty snow.

In retrospect, though, I feel luckier. After all, 31-year-old Jason R. of Pelham, Massachusetts (hereinafter, the “Defendant”)did not have to shovel any snow on Friday, or Saturday or even Sunday. That was done for him.

In federal custody.

You see, he was arrested on Friday on federal warrants in Framingham stemming from a Pelham police investigation concerning illegal firearms possession.

Well, it was not just the fact that he was in possession of the guns…it was that he was a felon in possession of the guns.

The Defendant and law enforcement have had a bit of a stormy relationship over the past years.

Continue reading "North Of Boston Gentleman Possesses Weapons That Any Defense Attorney Could Have Told Him He Was Not Allowed To Posess After A History Beating People With Them" »

As we head into another weekend…edging ever closer to the holiday season…a reminder about one of the more common criminal justice pitfalls which people tend to experience. Namely, drunk driving.

Many cases around the subject of Operating Under the Influence have hit the press this past week. Today’s daily blog looks at three of them, all three differing in their stage of the prosecution.

First, let’s look to Yarmouth, Massachusetts, the scene of an interesting arrest scene, particularly if you are a dog lover, Tuesday. Axel, the police department K-9 dog, was called upon to help locate an alleged drunk driver at the Foxwoods Condominiums in West Yarmouth .

Bryan C., 41, of Barnstable, (hereinafter, “Defendant 1”) is said to have crashed his 2001 Monte Carlo deep into the woods off Camp Street around 10 p.m. Tuesday. Police say he then fled the scene.

Strikes one and two.

When officers arrived they found the severely damaged car, but no driver. Police were told by a witness that the lone male driver had crawled out of the vehicle, grabbed an item and ran off.

Police brought in K-9 patrol officer Peter McClelland and his partner Axel to track the suspect. They initially found an opened and cold 12 pack of beer - with four remaining cans - on the side of the road about 200 yards from the crash scene. The track continued and led to the front door of a unit at the condominium complex.

Once found, Defendant 1 told officers he was "having a bad night" and admitted to driving the vehicle.

Strike three. Out.

Continue reading "Drunk Driving In Massachusetts – Three Stages Of The Criminal Justice Experience" »