Boston Criminal Lawyer Blog

Have you heard the one about the professor who is accused of killing three colleagues at the University of Alabama on Friday? They say that Amy B., 44, (hereinafter, the “Defendant”) had been a professor there since 2003. But did you know that she had come from Boston where she had other...lawyer-necessary problems?

The Defendant has made national news since last week. It would appear that she had a difference of opinion at a faculty meeting. They saw her as not tenure material. In response, she saw them as targets. At the end of the faculty meeting, she allegedly opened fire, killing three colleagues and wounding three others.

Of course, this is not the first time she has been connected with weapons in the eyes of law enforcement.

For example, in 1986, she is said to have shot her brother in the back. He died. And the charge of homicide? Well, a State Police investigation report has been released that shows that they had determined that the shooting was merely an accident.

I’ve seen people convicted for lesser accidents!

Continue reading "Former Boston Professor, Now Multiple Homicide Suspect, Is Linked To Previous Shooting And Bombing" »

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)" »

Yesterday, we began our examination of the arrest and sentencing of a Geraldo S., 32 of Marblehead (hereinafter, “Defendant 1”). He recently pled guilty in a Massachusetts superior court and received a ten year sentence. We were looking at the story from a search and seizure angle.

We left off when it came time to explain the search of Defendant1’s vehicle.

As you may recall, Defendant1’s arrest took place back in 2004. To show you things have not changed very much, let’s turn the clock forward to this very weekend. On Saturday, Henry T., 21, (hereinafter, “Defendant2”) of Randolph was blessed with similar police attention.

Braintree police say that Defendant2 had been driving without his headlights on early Saturday morning. They checked their computer to get information on the vehicle and found that Defendant2’s license had been suspended.
That’s a crime in the Commonwealth.

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

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)" »

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" »

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?" »

Well, it’s nice to see the Suffolk County District Attorney’s Office having a good time. Of course, Demetrius E., 27 of Dorchester (hereinafter, the “Defendant”) might not be laughing, though, should he read their recent press release celebrating his guilty plea in Boston’s Superior Court.

The Defendant pleaded guilty to various drug charges on November 17th. The drug of choice was crack, cocaine. The sentence was five-to-seven years in state prison. The funny part?

He is said to have stored his crack in a Chips Ahoy cookie box.

He had been arrested on Feb. 22, 2005. November 17, 2009, was to be his trial date. Instead, he pleaded guilty.

Continue reading "Boston District Attorney Celebrates Drug Defendant's Guilty Plea" »

Boston, along with the rest of the country, has been watching the events unfold in the Tiger Woods automobile accident matter. While the participants took turns not talking (law enforcement would not talk to the press and Tiger would not talk to anyone), I have been reminded of one of the most important lessons I learned many years ago as a young assistant district attorney.

The lesson?

When to keep your mouth shut.

For those of you not acquainted with the latest Tiger Woods adventure, let me recap with what we now know.

It was early Friday morning at 2:25 a.m. just outside Woods's driveway in one of Orlando's most exclusive suburbs. Woods was the driver as the vehicle had a collision . Woods was described as being briefly unconscious with blood on his lips and mouth. Neighbors called 911 and then rendered outside to render aid while awaiting an ambulance and police.

Continue reading "The Lesson Of The Tiger Woods Criminal Investigation– When Not To Talk To The 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" »

Welcome to the year 2009, more than twenty years after 1984, which was the title of a famous book by George Orwell. The book depicted a society where “Big Brother”, the government, was always watching. Ironically, while the show “Big Brother” was not the downfall of Adam J., a 31-year-old PR executive, (hereinafter, the “Defendant”), the government was. It was about a week ago, while in Massachusetts, that he developed the need for a defense attorney.

Big Brother is a CBS reality show that films contestants 24 hours, 7 days a week and makes them evict fellow houseguests one by one for a chance to win the big prize. The Defendant won the money in April 2008. He may not have been evicted then, but he risks being convicted now.

The charge? He is charged with, and has purportedly admitted to, trying to sell 2,000 oxycondone pills to a government informant. He is also said to have admitted that he used his $500,000 Big Brother prize money to purchase the drugs, which he distributed along the east coast for months.

Continue reading "Celebrity Suspect Is Arrested North Of Boston In Drug Sting" »

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" »

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" »