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)" »

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)" »

Today we discuss yet another tale wherein Massachusetts law enforcement officials are in need of a criminal defense attorney. It involves recent accusations against four such officers and an event arising out of a suspected racially motivated apprehension from this past November.

Well, it is not so much the fact of the apprehension that has raised suspicion, but the method of it. You see, Melvin J. (hereinafter, the “Passenger”) was a guest in a particular motor vehicle that police stopped. While not the driver, police say he acted suspiciously. So, the officers ordered him to get out of the car. He did as ordered…and kept going. He ran away from the scene.

The officers, apparently having lost interest in the driver of the car and whatever traffic violation they thought they had witnessed, chased after him. They say that when they chased him, he violently resisted and tried to grab one officer's gun.

That’s a big “no-no” for law enforcement. It does, however, seem to give a perceived license for officers to do things they otherwise wouldn’t.

Continue reading "Massachusetts Traffic Stop Becomes Fourth Assault And Battery Claim Against One Police Officer" »

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

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

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

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

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

Bethany P., 21, of Londonderry, N.H. (hereinafter, the “Victim”) will not be returning to her Boston College senior class this week. You see, she met up with a Weston lad’s SUV this weekend. The lad was allegedly Benjamin K., an 18 year old gentleman (hereinafter, the “Defendant”) who the Commonwealth claims was driving drunk. The Defendant pleaded not guilty today, alongside his attorney. Nonetheless, he was ordered held on $50,000 bail.

The Victim was struck as she crossed St. Thomas More Road at around 12:55am Sunday morning. The Defendant was driving his parents’ Toyota Land Cruiser. She is said to have sustained “serious” injuries, but was listed in good condition Monday morning at Beth Israel Deaconess Medical Center, according to state police and a hospital spokesman.

While the Victim was alone at the time of the accident, the accident scene is full of student dormitories and an administrative building.

According to the Commonwealth, the Defendant left the Victim unconscious and bleeding in the road and left the scene of the accident. He was thereafter apprehended by BC police after a bulletin was sent out about the SUV. He was arrested as he tried to exit the college’s grounds.

Continue reading "MA TEEN CHARGED WITH VEHICULAR ASSAULT ON BOSTON COLLEGE STUDENT HELD ON BAIL" »

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" »

Bruce Springsteen wrote a song claiming that “Summer is here and the time is right for racing in the street”. Well, it is not summer and the time certainly isn’t right for street speeding. The lesson, however, is a little late in the learning for 17-year-old Michelle M. of Methuen (hereinafter, the “Defendant”). Accused of drag racing in Lowell by witnesses, the young lady will be facing charges alongside a criminal defense attorney.

According to the police, the Defendant will be charged with leaving the scene of an accident causing personal injury. The injured party was a 12-year-old boy who was struck by a car during what witnesses claim to be a drag race and thrown about 20 feet. Allegedly, because leaving the scene of an accident is a misdemeanor, the Defendant is going to be summoned to court at a later date and was not arrested. She has, however, lost her license.

According to witnesses, the racers had run a red light before one of the cars struck the boy. The boy is listed in fair condition with internal and head injuries at a Boston hospital.

According to the police, the Defendant, having left the lad for dead, fled the scene and went to a Lawrence hair salon, got her hair done and then reported to the police that her car had been vandalized.

Continue reading "Massachusetts Student Faces Both Misdemeanor And Felony Charges Stemming From Hit And Run Case" »

There are still many people out there in Boston and environs who think that it is possible to be “arrest proof”. “After all”, they reason, if I do not commit a crime, I have nothing to worry about, right?” Let an experienced attorney tell you…wrong.

Let’s look at the possibility of drug charges for example.

You are going out for a crime-free evening of seeing a movie with a friend. Sounds safe enough, right?

Your friend comes by and picks you up and, as you drive to the movie, you see blue lights flashing behind you and there is the disturbing sound of a screaming siren.

Surely they cannot mean you.

They do.

Continue reading "Drug Charges In Boston – Can You Be At Risk?" »

John K.,27, of Malden (hereinafter, the “Defendant”) is going to have to come up with a lot of money if he wants to go home…unless his lawyer puts in for a bail appeal. Last week, the Taunton District Court judge ordered that be held on $500,000 bail on charges stemming from a Rehoboth home invasion last week.

The Defendant is charged with a collection of charges, including home invasion, assault with a dangerous weapon, armed kidnapping, unlicensed possession of a firearm and masked robbery with a firearm a bit over a week ago in Taunton.

While the details of the incident have been sealed by Judge Richard Savignano, an unusual move in itself, the police have disclosed some information. They claim that the Defendant broke into a home . on Friday at about, bound and robbed a female resident at gunpoint and then drove off in her car.

Rehoboth Police Chief Stephen Enos said the incident appeared to be a random crime. Apparently, however, the spree did not end there.

Continue reading "High Bail Set ForHome Invaision Defendant Facing Assault, Kidnapping and Driving Charges In Two States " »

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" »

The 88-year-old Canton woman who accidentally ran down a young girl at a Stoughton crosswalk on Route 138 on June 13 has been ordered to serve six years of probation and pay a $200 fine for the 4-year-old’ s death. Isle Horn had pleaded guilty to the charge of Massachusetts motor vehicle homicide.

The Stoughton pedestrian accident happened as 4-year-old Diya Patel, her grandfather, sister, and brother were crossing the street. Horn is accused of hitting the girl with her vehicle. Diya’s body was thrown 62-feet into the air.

Prosecutors contend that the elderly driver didn’t try to slow down or step on the brakes and that Diya was visible about 375 feet before Horn struck her with her vehicle. They had asked that Horn serve a minimum probation of 15 years. Horn is barred from ever driving again. She lives in a Canton nursing home.

Horn was also behind the wheel on September 14, 1992 when she and her husband were involved in a fatal car crash. She reportedly fell asleep while driving and her 73-year-old husband, Charles, died from fatal chest injuries.

Massachusetts Motor Vehicle Homicide
The charge of motor vehicle homicide is a serious criminal offense in Massachusetts. The felony charge usually involves negligent or reckless operation while under the influence of alcohol or drugs resulting in another person’s death. To charge someone with misdemeanor motor vehicle homicide, prosecutors need to prove that either alcohol or drugs were involved or the motorist was operating recklessly or negligently.

A conviction for either charge usually results in jail time.

If you have been charged with Boston motor vehicle homicide, there may be reasons why the charges should be dropped or reduced. An experienced Boston criminal defense lawyer may also be able to help you reach a plea agreement resulting in a less harsh sentence.

End of road for driver, 88, Boston Herald, August 7, 2009

Elderly Mass. driver pleads guilty in girl's death, Newsday, August 6, 2009

Related Web Resources:
Read the court statement from the case

Motor Vehicle Homicide, Massachusetts General Laws

Continue reading "88-Year-Old Driver Sentenced to Probation for Massachusetts Motor Vehicle Homicide of 4-Year-Old" »

As a Boston-area criminal defense attorney who has worked on both sides of the aisle, I have been doing a lot of talking lately about Disorderly Conduct arrests in the Commonwealth. I have been interviewed by media outlets out of state, such as the L.A. Times as well as national outlets such as Time Magazine. In the meantime, the arrest of Professor Gates has been assigned by most to the pile of questionable racial incidents.

To me, however, to write it off as simply a "racial incident" misses the point which is faced by people every day in the criminal justice system. The primary difference between Professor Gates and most other cases is that he is a man of stature who can command national attention. Most people do not. As a result, when they become offensive to a police officer, there is no media pressure causing prosecutors to drop charges or a thick blue line of officers holding press conferences to demand apologizes from local and national public figures.

This is why this blog regularly warns you to avoid confrontations with the police and, if you are being approached, do not to try to engage in a battle of “one upmanship” with the officer, be it physical, strategic or verbal. The bottom line is that you will lose such a match, at least for the day. The officer carries the cuffs…you only get to wear them. The officer has the badge and the gun. Those items will outweigh your brilliant arguments and speedy escape attempts every time.

“But Sam”, you ask me, “What are we supposed to do? Just stand there and take it?”

Continue reading "Attorney Sam’s Take: Arrested In Boston For Disorderly Conduct (Part Two)" »

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

The crime is boating while intoxicated.

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

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

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

Aiden Quinn, the 24-year-old Green Line train operator who was text messaging his girlfriend when the train he was operating rear-ended another trolley has been indicted on a negligence charge. Three trolley cars were destroyed in the May 2009 Boston train accident that resulted in $9 million in damages. 62 people were injured.

According to investigators, Quinn was texting on his cell phone and not look at the track when he ran a yellow light and then a red light before striking another train. While none of the Massachusetts train accident injuries were fatal, one woman with a broken pelvis may never be able to walk again, and a teenager who broke her vertebrae sustained a concussion. The negligence charge he was indicted for comes with a maximum three-year prison sentence.

In another Massachusetts case involving a serious car accident, 21-year-old Falmouth resident Jonathan Muir has been charged with motor vehicle homicide while operating under the influence of alcohol, serious bodily injury while under the influence of alcohol, failure to stay within marked lanes, operating negligently so as to endanger, and speeding. He is accused of losing control of his Porsche at around 1:30 am on June 29.

Cassandra Flynn-Rakos, 21, died in the Bourne car accident. Muir and passengers Erica Pouler and Sonya Dangelo sustained injuries. Muir's Massachusetts’s driver’s license was revoked after the deadly crash.

Massachusetts police are also charging 93-year-old Louis Vesprini with negligent operation of a motor vehicle. The Peabody man is the motorist who drove his car into a Wal-Mart last month, injuring 6 people, including a 1-year–old. If convicted, he could be sentenced to up to two years in jail.

Vesprini accidentally stepped on the gas pedal instead of the brake.

If you face criminal charges for your alleged involvement in a Massachusetts motor vehicle crash, it is important that you do not try to combat the charges without the support of an experienced Boston criminal defense team.

Driver charged in fatal Bourne crash, Boston.com, July 9, 2009

Elderly Driver Cited In Wal-Mart Crash, WBZTV, July 8, 2009

Green Line MBTA driver indicted in May crash, PatriotLedger.com, July 9, 2009

Related Web Resources:
Boston to bar texting while driving in city-owned vehicles, Boston.com, June 25, 2009

Massachusetts Law About Drunk Driving, Massachusetts Trial Court Law Libraries

Being a police officer in the big city can be dangerous. We all know that. Logan Airport, of course, is within the limits of the city of Boston. So, it is not too shocking that it can be a dangerous place. Usually, though, that danger does not come inside the packaging of a Mercedes Benz SUV and presented by a Wellesley businesswoman.

It did in March, though.

Last week, she resolved the matter.

She apologized.

Of course, “my bad” was not the first reaction that Margaret G., a 57-year-old portfolio manager and former Wellesley school board member (hereinafter, the “Defendant”) offered to law enforcement in this matter.

Continue reading "Boston Driver Assaults State Trooper With A Dangerous Weapon But Apologizes And Avoids A Guilty Finding; Her Attorney Says It Was For The "Right Reasons"" »

‘Tis the season of high school proms. As a parent, I know the worry about what
"the kids" are doing out there. It did not occur to me that the adults in charge of the kids might need some worrying too. However, take Boston-area limosine driver, Brain H., 45 of Tewksbury, (hereinafter, the “Defendant”). Friday night, he was given the news that when this week began, he would be trading in his license for a new relationship…with a criminal defense attorney,

He was arrested in Lowell and charged with operating under the influence of alcohol…while transporting a group of high school students after the prom.

You see, a group of Lowell Catholic High School students hired the limosine from Lynette’s Limousine Service for the prom on Friday evening. However, during the outing, according to police, two of the girls noticed that the driver was driving erratically. One of them called a parent when the limo stopped at the Showcase Cinema at 32 Reiss Ave., police said.

Apparently, the students became suspicious that the Defendant ’s driving abilities had been hampered by drinking during the trip because he kept getting lost and repeatedly veered onto the rumble strips on the side of the road. According to the students, the situation got so bad that the students demanded that the Defendant pull over the limousine, which is why they stopped in the movie theater parking lot.

Officers said the parent who had been called immediately contacted Lowell police and the Defendant was arrested at the movie theater at 11:40 p.m.

According to police, the Defendant had initially left the area when the students refused to get back into the car, but returned shortly after, pleaded for the students to forgive him, and tried to convince them to get back into the limo. At one point he is said to have “…actually put his hands in the praying position and said ‘Please, I’m sorry, I made a mistake,” according to the students.

The students did not go for it and the parents are likewise not in a forgiving mood.

Continue reading "Limo driver arrested for driving drunk -was driving high school students at time of arrest- loss of license and maybe job to follow" »

Today, the daily Boston Criminal Lawyer Blog goes to Framingham…figuratively…where recent troubles seem to have taken place on both sides of the seriousness spectrum.

Let’s start with Adilson D., 37 (hereinafter, “Defendant 1”). He was displeased about a recent interaction with local police. So, while the rest of Massachusetts was focxussing on the weekend heat wave, he spent his early Sunday morning hours apparently repeatedly called 911 to voice his displeasure.

They did not appreciate the criticism.

Law enforcement arrived at Defendant 1’s home to arrest him, at approximately 5:47a.m., which happened, believe it or not, after a “brief struggle”, according to, Deputy Police Chief Craig Davis .

Defendant 1’s 911 complaint calls began at 4:30 a.m.. He said he was upset about being pulled over and that he had been abused by the police.

The 911 dispatcher told him to call the main phone line to make such a complaint, Davis said.

So, naturally, he continued to call 911 eight more times by 5:30 a.m.

Continue reading "Two tales from Framingham....from disorderly conduct to murder- criminal defense lawyers needed" »

A north of Boston attorney has found herself on the chair most often occupied by her clients. At least, that is, in court. Otherwise, she is in custody, held without bail, for driving offenses.

Tracy T., 32, of Revere (hereinafter, the “Defendant”) is being held without bail on what the Commonwealth alleges to be her third drunk driving charge. Well, that was one reason.

The other reason, according to prosecutors, is that she gave false information to the patrolman who stopped her.

The alleged event took place in Marblehead last Thursday morning. The Defendant was pulled over by police. Upon questioning, she is said to have given the police a phony name, date of birth and a Social Security number that turned out to be that of an elderly man. She said she didn't have her license on her, then told the officer that it was expired.

When police determined who she was, The Defendant became apologetic and then allegedly gave the kicker line, "You aren't going to arrest me, are you? I can't get arrested. I am an attorney," according to police.

Given that her line of argument was not persuasive under the circumstances (which allegedly include her failing two of three field sobriety tests and then registering a .22, more than three times the legal limit, on a portable Breathalyzer, the answer was in the affirmative.

Continue reading "Lawyer remains jailed; charged with OUI, driving with suspended license and giving false name" »

Somebody should break the news to Anthony W. Of New Bedford (hereinafter, the “Defendant”) that the criminal justice system does not give extra points for consistency. This Boston criminal defense attorney can tell you, however, that it does give extra time as a lodger in Commonwealth housing.

The Defendant has just added arrest number 231 to his 27 page rap sheet.

According to the New Bedford Police, the Defendant reached this milestone on Monday after littering and leading police on a chase.

“Hey, couldn’t this be a misunderstanding?”, you say. After all, the poor lad could simply have accidently dropped the offending trash while jogging...!

"I certainly wouldn't characterize him as misunderstood," said Lt. Jeffrey P. Silva. "I would characterize him as a career criminal."

Silva said Officer Shawn Robert pulled the Defendant over near the corner of County and Mill Streets after he saw the Defendant throw trash from his vehicle. Rather than look the other way and chalk it up to a minor offense, the officer stopped the Defendant’s car.

Initially the Defendant pulled over. That was the good news.

Then, it turned out the Defendant had neither a license nor registration. That was the he bad news.

The Defendant then told the officer that he didn't have time for this, and then drove off, nearly running Officer Robert over. That was very bad news.

Continue reading "The Boston Criminal Lawyer Blog Examines Career Criminal And Felonies" »