Articles Posted in Criminal Law

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.
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The first signs of the investigation came several weeks ago. The FBI showed up at a local social club in Stoughton and surprised members by pulling two flat-screened televisions from the wall, checking the serial numbers on the back, and then taking them away. Now, it turns out that the Boston federal investigators may be granting certain local law enforcement officials the chance to get to know some criminal defense attorneys in a professional setting.

According to today’s Boston Globe, the afore-mentioned televisions, allegedly stolen, were seized as part of an ongoing federal grand jury investigation into allegations of theft and corruption involving Stoughton police officers.

“The feds aren’t just looking at receiving stolen goods,” said an anonymous source allegedly familiar with the investigation.

Meanwhile, the spokesman for the FBI’s Boston office will only say, “We can neither confirm nor deny whether there is or is not an active investigation into anything in Stoughton.” A spokeswoman for the US attorney’s office also declined to comment.
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A recent Boston courtroom battle that hosted various law-enforcement characters, both past and present, has come to an end. When the jury returned, the verdict was “Not Guilty”.

Wayne A., (hereinafter, the “Defendant”) was a firefighter on trial for assaulting police officers in 2008. The setting was Roxbury Municipal Court. The complainants, of course were the officers whom he had allegedly assaulted and resisted arrest from. The defense attorney, Neil S. Tassel, was a former prosecutor himself.

The police had said in their police report that the Defendant had been shaking his girlfriend and shouting in her face when they arrived to investigate. They went to arrest him and, according to them, he violently resisted.

At trial, both the Defendant and said girlfriend testified that they had simply had a verbal argument, but that the Defendant was not even near her when police arrived. Apparently, the Defendant further testified that he did not even know that the police were there and they simply knocked him out during the incident.
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A gentleman from Plymouth began his week on Monday behind bars, looking for a criminal defense attorney. He stands charged with performing the type of deed that has been in the news lately connected to the death of pop icon Michael Jackson.

Sean D. (hereinafter, the “Defendant”) is now being held without bail. He is charged with spiking drinks for his wife and 18-month daughter with a sleep-aid.

The investigation began when the Defendant’s wife called police after she found her daughter ill, according to police. Their investigation found that he had allegedly been putting sleep aids into the mother and daughter’s drinks on more than one occasion, police said.

The Defendant was arrested Sunday night at the family’s home. He has been charged with distributing food with a harmful substance, was held at his arraignment on Monday, and is said to be returning to court today for a dangerousness hearing.
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Beth G., 23, (hereinafter, the “Defendant”) simply got confused. It can happen when academic pressures mount up. After all, she had been inundated with the legal system of the United States. Now, due to said confusion, she is about to get a first-hand lesson on Boston Criminal Justice. It’s not a free lesson, mind you, because she will need to provide an attorney. It should be decent experience though.

You see, on August 30th, there was a party in Allston to which the police were dispatched. The neighbors were complaining about loud noise at approximately 3:53 a.m. One might assume that the party-goers, upon seeing the police presence, would have decided it was time for the party to end.

Not this time.

According to law enforcement, the officers were met with resistance. The party’s host and the resident, the Defendant, saw things differently. When asked to quiet the party-goers, the Defendant reportedly proclaimed, “I don’t have to do anything you say. I’m a law student.”

At that point, perhaps figuring that the Defendant must be right (she was, after all, a law student), two men (hereinafter, the “Rambunctious Duo”) approached the officers and told them that they were not going anywhere.
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On Monday, we began the week discussing a case out of Quincy in which we had a dead woman discovered on Saturday and a man arrested in connection therewith the same day. We talked about it being a potential domestic violence matter and it became a general posting about homicide investigations and the need to get an attorney right away.

Well, the case has remained in the news and has only gotten more grisly.

Relatives and friends are still offering support to the “neighbor who would shovel your walk”, 52-year-old Joseph B. (hereinafter, the “Defendant”). He has now pleaded not guilty to the assault and eventual murder of 33-year-old Mary B. (hereinafter, the “Deceased”). According to the prosecution, the Defendant choked the Deceased into unconsciousness, had sex with her, then killed her.

We have also learned a bit more about the Defendant’s background. Apparently, according to his supporters, he has a history of mental illness.

He has been held without bail for the crimes which are now alleged to have occurred last Friday.
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Albert G., the 28-year-old gentleman from Miami (hereinafter, the “Defendant”) who had been charged with being a computer hacker agreed to plead guilty in Boston’s federal court last week. His attorney, however, still disagrees with prosecutors about his role in the hacking.

Yesterday, his attorney still insisted that he was not the “ringleader” in the, now nationally
known, scheme which has been described as one of the largest payment-card thefts in recent history.

The Defendant has agreed to plead guilty to charges that he helped engineer the theft of more than 40 million card numbers from retailers like TJX Cos Inc and BJ’s Wholesale Club Inc. Of course, that’s just in Boston. Last month, in New Jersey, the U.S. Justice Department charged him and two others with conspiring to steal another 130 million payment card numbers, the most ever.

Both cases put the Defendant at the center of the action — especially bold conduct since authorities say he was a Secret Service informant earlier this decade.
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August 29th was my birthday; never mind which one. So, when it came time to write today’s blog, I decided to see how my fellow Bostonians had celebrated the day and find out if anyone used the occasion to produce the need for an experienced criminal defense attorney.

I shortly wished I hadn’t.

I came upon a sad story from Quincy. It involved 52 year-old Wollaston man, Joseph B. (hereinafter, the “Defendant”) who spent my birthday being arrested for murder.

The Defendant was arrested on Saturday in connection with the death of 33 year-old Mary B. (hereinafter, the “Deceased”), whose body was found on Saturday afternoon in the home she shared with her child. According to a press release from District Attorney William Keating’s office, the two knew each other well, but the nature of their relationship was not explained further.

Law enforcement has also declined to reveal how they believe the Deceased was killed.
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Earlier in the week, I began a blog posting reminding you that, although you may think it could never happen, the criminal justice finger of accusation can suddenly arrive at your doorstep. This is true anywhere in the country. It is certainly true here in Boston where the dial of a cell phone can easily result in the need for a lawyer.

Today, I am referring to the type of matter which seems to most surprise my clients when they are suddenly face to face with law enforcement and the Commonwealth Bracelets of Shame. It involves the category of crime now known as “Domestic Violence“.

In days past, these crimes, like drunk driving, were not taken seriously enough. The police would hear of a wife-beating and the courts would basically treat the problem as a simple “family issue”. Few people were sent to jail; more people ended up dead. Usually the battered spouse. Our legal system has fixed that…and…as is common…gone over to the other extreme.

Where you aware that when the police come to your home after a report of domestic violence that, in their words, “someone is going to jail”? Now, true, there are a few exceptions, but the procedure these days is that one of the occupants in the reported disturbance is about to be the guest of the Commonwealth, even if only for a short time. Rest-assured, however, a criminal prosecution is coming. In fact, in most cases, a Clerk Magistrate’s Hearing to determine probable cause is not even available. The case goes right to arraignment and bail arguments…which means right to the defendant’s criminal record.
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Today, the Boston Criminal Lawyer Blog returns to a subject that dominated headlines for much of the early months of the year. This would be the Bernard Madoff nightmare and his infamous Ponzi scheme. As you will recall, we learned that the Ponzi scheme was originated here in Boston and many of Madoff’s victims indeed lived here in the Commonwealth.

Yesterday, in a New York courtroom, a gentleman by the name of Frank DiPascali, 52, (hereinafter, the “Defendant”) proved all of us who claimed that Madoff could not have acted alone right…thereby exposing Madoff to be, among other things, a liar.

Now, that’s a surprise, isn’t it?

The Defendant pleaded guilty to conspiracy, securities fraud and eight other charges Tuesday as part of a cooperation deal in which he’s expected to help prosecutors target other suspects in the massive embezzlement scam.
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