Boston Criminal Lawyer Blog

February 14, 2014

A NORTH ANDOVER MAN IS FOUND UNCONSCIOUS IN CONVENIENCE STORE AND CHARGED WITH BURGLARY

A convenience-store burglar was out cold when cops found him in the drop ceiling of a North Andover mini-mart in the morning, police said.

Investigators say they’re trying to figure out how Justin Roeger, 26, of North Andover, ended up unconscious and among the rafters of the Richdale Convenience Store, where cops found him about 12:40 a.m. while responding to a burglar alarm.

The front door was smashed, and police and the store owner were inspecting the premises for damages when investigators “observed an unconscious male inside the drop ceiling.”

February 5, 2014

THE SJC HEARS ARGUMENTS ABOUT WHETHER ALL SEX OFFENDERS, INCLUDING THOSE CONVICTED FOR CHILD PORNOGRAPHY, MUST BE TREATED ALIKE WHEN NOT IN JAIL

by Samuel Goldberg

We began the week discussing Massachusetts child pornograpghy prosections. Today, we continue the subject matter from another perspective. The perspective is from after the conviction comes.

Yesterday, the Commonwealth’s highest court debated whether criminal defendants convicted of child pornography should be tracked by GPS while on probation – or if their crimes call for laxer conditions than other sex offenses.

Naturally, law enforcement, embodied in the political prosecuting person of Attorney General Martha Coakley, the Commonwealth was on the side of harsher treatment.

February 4, 2014

Driving Under the Influence in the Spotlight

by Altman & Altman

At approximately 4:00 am on Thursday, January 23rd, Miami police arrested Justin Bieber for driving under the influence, drag racing, resisting arrest, and driving with a suspended license. The now-infamous ‘Baby’ singer admitted that he had taken prescription drugs, smoked marijuana and consumed alcohol prior to getting behind the wheel of his yellow Lamborghini. He was jailed briefly after a police officer witnessed the alleged drag race.

Drinking and driving, reckless endangerment, and driving with a suspended license are all serious crimes the privileged popstar believes he should not serve time for. CNN reported that Bieber was “cocky” and “insulting” when Miami police tried to give him simple instructions. He was profane and belligerent. Instead of acting remorseful or apologetic, Bieber paraded around the tropics and showboated via social media.
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February 3, 2014

FALL RIVER HIGH SCHOOL STUDENT IS ARRESTED FOR THE DISSEMINATION OF CHILD PORNOGRAPHY

by Samuel Goldberg

This Boston criminal lawyer will tell you that this type of crime is one of the most widening areas of danger for our youth today. Another one is in the area of “self-defense” but we will get to that another day.

It involves the possession and dissemination of child pornography…by children!

This past Friday, Fall River law enforcement arrested a 17-year-old kid (hereinafter, the “Defendant”) who now stands charged with having created a Facebook page featuring of nude pictures of High school students. The actual charges will include dissemination of obscene material harmful to minors, and possessing child pornography.

January 31, 2014

REVERE MAN IS CHASED BY POLICE AND ARRESTED FOR DISTRIBUTION OF MARIJUANA

by Samuel Goldberg

Alex Bilodeau, 26, of Revere (hereinafter, the “Defendant”) has branded himself as yet another gentleman who has misunderstood the rules of causing a Massachusetts drug investigation…and then making it even more serious.

The Defendant is said to have led the police on a foot chase in Davis Square to the women’s bathroom of a restaurant where police claim they found bags of marijuana stashed in an overflowing toilet.. He was then arrested on January 23, on charges including distribution of a class D drug, and resisting arrest.

According to law enforcement, the chase began on Grove Street around 1:35 p.m. last Thursday when an officer says he spotted the Defendant throw a small black safe into a dumpster. Thinking the action was suspicious, the officer approached him and allegedly saw a bag full of marijuana fall to the ground beside his jacket, according to a police report.

January 29, 2014

Route 95 South Mattress Fatality – Was it Murder?

by Altman & Altman

On January 28, 2014 at about 3:15PM on Route 95 South, near Burlington, MA, a mattress flew off of the roof of a truck, ultimately causing the death of a 56 year old woman from Framingham, MA. While it is far too early to speculate about what happened and why, this fact pattern does raise some interesting legal issues. As of the time of this blog, it does not appear as though the truck driver has come forward or the police have found the identity of truck driver.

The first issue to consider is with what criminal charges the truck driver can potentially be charged. The first charge that comes to mind is leaving the scene of personal injury. One element, however, of this crime that the prosecutor must prove is that the operator knew that there was an accident. This may prove to be a very difficult task for the prosecutor to prove because the incident occurred behind the truck driver. While the driver may certainly have seen what happened, it is up to the Commonwealth to prove beyond a reasonable doubt that he knew there was an accident. Perhaps only statements that the operator made either to a passenger or on a cell phone may help the prosecution in this regard.
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January 23, 2014

LYNN TEENAGER IS HELD ON HIGH BAIL AFTER FLEEING MASSACHUSETTS MURDER SCENE

by Samuel Goldberg

Two things about which I have warned you many times have come into play in Lynn. 18-year-old Jacquan McKenzie (hereinafter, the “Defendant”) is facing the results right now.

On January 12, the Defendant was observed fleeing from the area of a homicide. The homicide was the shooting death of 29-year-old Henry Aquino. A criminal investigation ensued.

This triggered warning number one, namely “if the police are coming to talk to you, do not try to out talk, out fight or out run them.”

January 22, 2014

MASSACHUSETTS DCF EXCUSES SEXUAL ACTS WITH MIDDLEBOROUGH 11-YEAR-OLD BOY

by Samuel Goldberg

When we left off on what was supposed to be a three-part posting on the nightmare that is Massachusetts’ Department of Children and Families (“DCF”), I was intending to wrap it up with a bit of a summation. As you may have noticed, time has passed since the last posting. In the meantime, discoveries of what I have been trying to communicate about the department have continued to reveal themselves.

The message, frankly, is that DCF has various and serious systemic problems…problems which tear families apart and endanger children every day. While the department may wish to hide behind the shroud of the “one bad apple” explanation, it is clear to any thinking person that is the department itself which is, at the very least, rotting said apples.’

As we have discussed, spokes-folk for the department, at the public discovery of the recent Oliver debacle reacted with the age-old explanation that there was nothing wrong with DCF itself, only with the individuals who had been attached to the particular case.

January 10, 2014

HOW MASSACHUSETTS DCF INVESTIGATIONS CAN DESTROY YOUR FAMILY

by Samuel Goldberg

We began this discussion about the Massachusetts Department of Children and Families (“DCF”) focussing on its abysmal handling of the Oliver family. This is the matter in which 5-year-old Jeremiah Oliver, under DCF’s watch, vanished long before DCF even had a spark of recognition that something was wrong despite the fact it was allegedly watching.

We will return to how DCF seems to have responded under the resulting scrutiny next blog. Today, however, let’s look at the other side of the coin

Most of my DCF cases have involved the initial stages of DCF involvement into clients’ lives. At this point, the situation is much different than what had happened in the Oliver matter. Similar to that tragedy, it is best to discard whatever you call “reasonable” even at the onset.

January 6, 2014

FITCHBURG BOY VANISHES UNDER MASSACHUSETTS’ DEPARTMENT OF CHILDREN AND FAMILIES “WATCHFUL” EYE

by Samuel Goldberg

By now, you have no doubt heard of the continuing saga of Jeremiah Oliver. He is the 5-year-old boy from Fitchburg who has been discovered missing. The criminal investigations into the child continue to date.

Recently, the Department of Children and Families (“DCF”) has been ridiculed because of its handling of young Mr. Oliver and his family.

As you know, my legal career has been spent in the criminal justice system. Over the last several years, however, it has become necessary to represent clients in their dealings with DCF. As I have mentioned from time to time, I have found DCF to be, in a word, a nightmare.