Boston Criminal Lawyer Blog

Ok, so you have gotten over the shock of being charged with a crime. You have gone to court in Boston a couple of times for a couple of court dates that feel accomplished nothing. Finally, you ask your attorney when this will all end.

You get that sad but true answer…”it depends”.

Many things in the criminal justice system depend on what happens as the case progresses. This is not a science wherein there is an exact formula for how things go. You may have already witnessed this as you have gone to court and seen different people get different bail and sentence decisions although charged with the same crime(s).

You probably already know that, if a case is not otherwise disposed of beforehand, the case is resolved at trial. I am going to assume you know what that is. After the verdict, one of two things happen. Either the verdict was “not guilty” and the nightmare is over, or it is “guilty” and there is a sentencing hearing. Depending on the convictions, that sentencing may or may not result in the defendant going home.

Continue reading "Attorney Sam's Take - How You Resolve Your Gun, Drug Or Assault Case In Massachusetts" »

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)" »

In the north of Boston city of Salem, this is considered a very scary month. All kinds of horrors are building up toward the holiday of Halloween. There are goblins, vampires, ghosts and the like. It is not all fun and games, though. Police must be ever-watchful for the true monsters that plague many cities and prey on its residents. Fortunately, the police department in Salem are always up to the task. The threat to civilization about which I speak, of course, is the prostitute. And now, the good folks of Salem, famous for its past witchtrials, can sleep alittle more soundly now that one woman's operation has been closed down and her liberty put into the hands of a criminal defense attorney.

Lisa A., 46, of Salem (hereinafter, the “Defendant”) is that alleged scurge.

You see, the Defendant was arrested following a sting by Salem police. By brilliantly cruising the internet, they found the Defendant’s website which contained photos in various poses and offered customers "the complete girlfriend experience," with packages that cost up to $3,000 for a weekend. She was also, according to police and the Web site, offering a "recession special," knocking $100 off her regular $300-an-hour rate.

Ever mindful of their duty to keep the city streets safe, if not save money for the Commonwealth, they took action.

Continue reading "North of Boston Prostitute Faces Felony Charges And Years In Prison" »

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" »

As last week came to a close in Lawrence, Massachusetts, its district court had a little excitement. A bomb scare was declared. Now, those believed behind the scare are facing criminal charges and need lawyers.

The reason for the bomb scare?

Perspective probation violation.

Yes, the police allege that Jamiel W.,18 (hereinafter, the “Defendant”) had been scheduled for a drug analysis test. It was a part of his probation requirements. It was also a test that he believed he would not pass.

Failing the test could land him back in jail.

Unfortunately for the Defendant, law enforcement tends to take things like bomb scares fairly seriously given that this is the age of terrorism.

Continue reading " A Bomb Threat Is Not A Good Defense To Probation Violations" »

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" »

Yesterday, outrage erupted in Natick District Court as a Boston homeless shelter resident stood with his attorney as his victims demanded his incarceration. The dramatic scene unfolded when the mother of a sexually abused child chastised the judge for allowing a sexual offender to remain free despite alleged parole violations.

John C., a level 3 sex offender (hereinafter, the “Defendant”) has already been convicted of assaulting Rachel F.’s (hereinafter, the “Mother”) 9-year-old daughter. Upon his release from serving a part of his sentence, he was ordered by the court to wear a GPS monitoring bracelet.

He has not done so.

The Defendant was given several months to comply with a court order to find new housing or find a way to charge the GPS device. He has been living at a local shelter For Homeless Veterans since being released from prison in December.

Without the GPS device.

Now, he was given more time to correct the violation.

Continue reading "Boston Sex Offender Faces Jail Time For Parole Violations" »

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" »

You know, I really hate to beat up on anybody. I really don’t want to be mean.

But when the same guy keeps popping up with new charges and seems to be pushing for czar of the “Hey, I’ll Bet I Can Make This Situation Worse” Club’s newest section, “How Far Can I Push Things Before They Just Lock Me Up?”, I really have to make comment.

I have written about this guy before. He is the former Boston firefighter and bodybuilder Albert A., (hereinafter, the “Defendant”). He is back in the news and back in Commonwealth housing.

Perhaps you remember him.

He was one of Boston’s fireman until a number of months ago. You see, on March 21st, he allegedly slipped on a staircase. Nobody had witnessed the accident, but a Dorchester neurologist said in a report that the Defendant was “totally and permanently disabled”. So, the Defendant applied to the Boston Retirement Board for a disability pension.

Unfortunately, on May 3rd, he achieved apparent medical history by finishing eighth at the 2008 Pro Natural American Championships in Marlborough, Massachusetts. After the Boston Globe published a picture of the medical marvel during the competition, Fire Department officials ordered him to return to work.

He didn’t.

He was fired.

The media had a field day, denouncing the Defendant and his fraudulent acts, not to mention the system that had allowed him to so easily do so.

This would have been enough for most people. But not the Defendant. There was still some room left on that rope.

Continue reading "Boston Ex-Firefighter Faces New Charges In Violating Restraining Order And Is Sent To Jail" »

Angel R., 43, a former Springfield firefighter (hereinafter, the “Defendant”) has been having a bad time of it lately.

In July, he was arrested in connection with a fight with another gentleman.

Well, it allegedly involved alittle more than a simple fight; his fellow combatant, hereinafter referred to as “slashed”, ended up cut up through use of a box cutter. The Defendant was arrested for attempting to kill him.

The fight had taken place outside an apartment in Sixteen Acres on Allen Park Road. Slashed, who had been outside the home of his two children and their mother, had reportedly been slashed several times and still had a piece of blade lodged in his neck as it had broken off.

The Defendant was arrested and charged with assault and battery, assault and battery with a dangerous weapon and armed assault with intent to murder.

Police said that while in court, he apparently did or said something to violate the terms of his release and so a warrant was issued.

The Defendant was initially denied the right to bail, but in September, Judge Tina S. Page granted bail at $10,000 cash or $100,000 personal surety and stipulated that the Defendant was to have no contact with either Commonwealth witness, namely, Slashed and his children’s mother.

Apparently, the Defendant had also had a relationship with the children’s mother.

Do I see the form of a potential love triangle forming?

Continue reading "Massachusetts Assault Defendant Held Without Bail For Disobeying Court Order " »

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" »

Today is Veteran’s Day. It is a day for reflection and a day to honor the men and women who have served this country in the trenches of various lands throughout the years.

Today’s daily blog looks at a matter occurring inside more local trenches. Criminal Justice trenches. The courtroom. A courtroom on Salem, Massachusetts, to be exact. While it certainly does not involve the valor we celebrate today nationally, it does contain some violence and a couple of lessons for us.

Martin S., 53, of Lynn (hereinafter, the “Defendant”) recently lost his battle for his own personal liberty in the Salem courtroom. He was sentenced to serve two years at the Massachusetts Correctional Institute at Cedar Junction as he was found to have violated probation. Two witnesses testified at the hearing that he grabbed a woman by the throat and fought another man during a September 21, 2008 altercation at an apartment on Lynde Street in Salem.

The Defendant’s attorney said he had gone to the apartment to get his girlfriend out of there because she was drinking alcohol, a violation of her probation for a drunken-driving conviction.

Although the assault charge is still pending in court, the Superior Court Judge observed that the arrest itself is a probation violation. "He's gotten away with quite a bit in the last couple of years," the judge said yesterday before announcing the sentence at the conclusion of a probation hearing.

Continue reading "Massachusetts Probation For Fraud Is Violated By Assault Charges" »