Articles Posted in Criminal Law

I was the lone figure walking this evenng in the mist surrounded by the lamps’ dim lighting from one building to another to see my client.

It was the end of a day in which, perhaps more than I usually do, that I was living the life of a criminal defense attorney. I began the day finishing a domestic violence trial. I was ending it visiting another client who is presently a guest at MCI-Walpole at Ceder Junction
The jury trial had taken a bit longer than expected; they somehow usually do.

This is one of those trials in which I was reminded of one of my underlying beliefs…judges, prosecutors, jurors and witnesses are all human beings and are not simply defined by the role they play at certain events. If one can reach beyond the masks we don to live our daily lives and connect with the person underneath, then one can truly communicate. One has to understand that that person might have a different perspective than you…but people can disagree and still remain human.

This had been one of those trials. Reasonable prosecutor. Fair judge. Thoughtful jury.

Good trial.

What made it even better was that at this age, level of experience and reputation, I was not riddled with fear as in the days of old. I was also treated as a professional both in court and at prison.

You also get further with people without immediately engaging in hostilities. Again…recognizing a fellow human being goes a long way in being recognized as such back.

As I sat in the little room which was designated for my “attorney visit” and the corrections officer standing outside, I waited for my client and thought back over the last two weeks.
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As is evident by now to even the most casual observer of the criminal justice system…defendants often are sentenced to a period of incarceration. Sometimes it is the local House of Corrections (jail). Sometimes it is the state prison (“state time”). Whether they are there for OUI, rape or manslaughter, there is one thing that all of these involuntary guests of the Commonwealth have in common.

They want to get out. And for the most part, they will.

Some day.

How does that happen? Can your lawyer help you with that?

Attorney Sam’s Take On Can Your Attorney Help You With Parole

Unlike a criminal appeal, parole is usually possible whether the defendant pleaded guilty or was found guilty by a judge or jury. The “when” of first applying for parole depends on the sentence given by the court.
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A pool party that was tagged as a fundraiser turned into a spectacle that has been reported on internationally and described as ‘liquor-soaked’ by journalists. As many as fifteen hundred people gathered at a mansion on Mark Lane in Milton, Massachusetts to enjoy a pool party during Labor Day Weekend. Milton Police arrived shortly before 1am on Saturday morning, September 1, 2012. The homeowner, Steve Mathieu, 40, was present. And Deputy Police Chief Charles Paris described the size of the event as “just astounding.” He and five other present officers were able to shut the party down in an orderly fashion with no arrests being made. According to Paris, all of the partiers were 21 years or older and though there were a few noise complaints, most neighbors were simply perturbed with the impossible parking situation.

The event was promoted via twitter and fliers as the “Make it Nasty Pool Party.” Hosts sent out a bevy of brochures to market the gala. The brochures stated that the tickets were $15 in advance or $20 at the door. Guests were able to pre-order bottles of alcohol or use the cash bar at the mansion. The event was jointly presented and promoted by Broz 4 Life and Bed Rock Bros.

Milton’s building and health department are looking into the event as most of the one thousand to fifteen hundred guests were spending their time in the pool house located next to the mansion. That many people crowded together under one roof may have violated a building code and the health department traditionally establishes the occupancy restrictions for the pools.

Officer Paris had stated that Mathieu will likely be summoned to court and charged with serving alcohol without a license. After his initial investigation, that seemed to be the only illegal activity at the event. The license needed can only be provided by the local licensing authority.
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While carrying out her routine patrol duty in Swansea, Massachusetts at around 1:30am, Officer Sheila Valero noticed a curious site. Streams of toilet paper littered and coiled about the property, trees, and school buses of Joseph Case High School. According to further reports, plastic utensils on the ground spelled out “Somerset,” a neighboring town of Swansea. On the surface, perhaps this was a harmless prank borne from teenaged rebellion or boredom. But the bicycle chains that someone used to lock the doors triggered felony charges. Officer Valero was forced to call the fire department to come cut the chains in case of an emergency.

Not much time passed before the police found two of the suspects at a Target store. The pair eventually shared the information of their accomplices with the authorities. The police had no trouble finding the other suspects as their parents were willing to assist them with their search. One was found close to the same Target. And the final two were found a few hours later on Stevens Road, several miles away from the school they had allegedly vandalized. The quintet were identified as William Boulay, 20, Edward Cellemme, 19, Bruce Antone, 19, Evan Sorsa, 18, and a fifth member who was 17 years of age at the time of his arrest. Two of the five attend Joseph Case High which carried out classes without interruption despite the toilet paper violation.

All of the suspects have been charged with malicious destruction of property valued at over $250, defacement of real property, conspiracy, and trespassing. The results of their arraignment on Friday, September 7, 2012, at Fall River District Court have not yet been released through the media.
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We have discussed many times that the criminal justice system is getting a bit close to our academic institutions. Usually I am talking about the criminalization of matters that should be handled by schools and parents.

Well, things are now changing in Dedham from the other direction.

Now, it is law enforcement turning to the schools for an extra kick in the pants for kids in trouble. Effective yesterday, Dedham public school students who get in trouble off campus may find themselves punished in school for the same offense.

This agreement between Dedham law enforcement and school officials, known as a “Memorandum of Understanding” , creates a long list of incidents that now must be reported to school principals, whether or not those incidents happen in Dedham. That list includes fights, or threats of fights, off school grounds.

Students, not surprisingly, do not like it. “I don’t think you should really get in trouble for something out of school,” says Dedham High School senior Annie Joy Abbott for example. “You’re not even on school property.”

Many patents are not fans of the “understanding” either.

Camilla Rush, for instance, is a mom with three sons, one of whom has already graduated from Dedham public schools; the other two are still students there.

“I do think that it’s good to have a backup,” Rush said. “But I think sometimes they need to let us parents be parents. Let us punish the kids. I do like if you need help, you can go to someone for backup, but let us be parents too.”

 
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Sometimes, pretending there is a crime is a crime.

Over the Labor Day weekend, a few fellows had the great idea to play a trick in Lawrence.
According to law enforcement, they decided it would be kind of neat to convince folks attending a religious festival that a stabbing was taking place.

They were successful, if you want to call it that. Convinced that the bloody crime was taking place, several people paced frantic calls to 911 to report the stabbing.

Police came and apparently did not see the humor of it all. They played a little trick of their own. They arrested the tricksters who may have videoed their little jest so that they could post it on YouTube.

And so it was that Josette Osorio of Haverhill, Vincent Bencivenga III of Lawrence, and Mark Hatch of Methuen appeared in Lawrence district court to answer charges including disorderly conduct and disturbing the peace.

They have all pleaded “not guilty”.

Police Chief John Romero says that the suspects were 50 yards from the Feast of the Three Saints, which attracted about 15,000 people. He says the stunt made “no sense.”

Attorney Sam’s Take On Hoaxes And Disorderly Conduct

What is funny to one person may not be funny to another; it certainly may not be funny to the police.

And then, you are in trouble.

The definitions of crimes like disorderly conduct and disturbing the peace are pretty general. Basically, if you offend the police, it fits into disorderly conduct.

“But what if you are simply exercising your Constitutional Rights…like the one to free speech?”

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