Juvenile Crimes

June 22, 2009

Murder Suspect Is Jailed Without Bail Pending Probation Surrender As Boston-Area Media Focuses On His Prior Criminal Record

Sunday’s Boston Herald, along with several other local newspapers, focused on a particular aspect of a recent Framingham murder case. In the Herald, the headline read, “Suspect in Framingham stabbing has long police record”. While said record is normally inadmissible in court (except under certain circumstance) it is, for now, a noteworthy part of the story as far as the public is concerned. It is yet another illustration of what the Boston Criminal Lawyer Blog has long been warning Massachusetts readers, particularly the young among us. Namely, the errors one makes in the past, even while a juvenile, can greatly affect our future in terms of criminal justice.

The man accused of the homicide in this case is 19-year-old Dan G. (hereinafter, the “Defendant”). He is charged with Murder in the First Degree in connection with a fatal stabbing in Framingham which is said to have occurred on June 14th. While one would imagine the circumstances surrounding the attack would be the focal point of the public’s interest in the matter, said facts now seem to have taken a back seat to the Defendant’s criminal history. Yes, this would include his juvenile history which, of course, is usually considered “sealed” and inadmissible against him.

The Defendant is currently being held without bail. Part of the reason for this may well be his present circumstances. After all, Murder 1 is considered the most serious of crimes and, in fact, carries a sentence of Life without the possibility of parole in the Commonwealth. Further, the Defendant’s own statement, not surprisingly, does not help his situation. He is reported as saying that he does not remember stabbing the victim, but does recall standing over him holding a bloody knife.

The Defendant’s familiarity with knives, remembered by him or not, has now become of interest to the public. That familiarity, of course, is intimately entwined with his prior criminal record. For example, on April 7th, he is said to have used a knife to threaten a group of teenagers he claims were about to fight one of his friends. While you might see that as self-defense, or the defense of another, the Commonwealth did not see it that way. Law enforcement, no great fan of knife-waving “vigilante” protectors, arrested the Defendant and charged him with assault with a dangerous weapon.

It likely did not help that the friend the Defendant had been trying to protect went public with the notion that the Defendant was “intimidating”, which is why he had enlisted his aid in the first place.
Continue reading

June 11, 2009

A Boston Criminal Defense Lawyer Discusses Student Arrests And The Resulting Effects On A Student’s Future (Part One)

by Altman & Altman

This week, the daily Boston Criminal Lawyer Blog examined various news stories about a particular large population in the Boston area, namely, students. Whether it be graduate school, college, high school or even grammar school, a momentary, perhaps youthful, mistake can bring a postponement or even end to a lifetime of future dreams for that student and accompanying family. Now, as schools are adjourning for the summer, and graduations are upon us, our weekly Attorney Sam’s Take discussion looks directly at how the criminal justice system, and its results, can effect Massachusetts students.

There is a lot to say, so this week’s Discussion is a two-parter, which will continue into and conclude tomorrow, Friday, June 12th.

How many times have you read about a youth getting arrested and thought, “Well, it’s a kid. A juvenile. What can they do to a kid…spank him?”

Well, no. Spanking has been off the criminal justice books for many a decade.

However, the myth that juvenile offenders cannot be damaged by the justice system, although widely believed, is not really true. Most kids, of course, do not realize that. This is why many ongoing criminal enterprises, such as drug traffickers, are often able to use juveniles to do the “dirty work” of street selling. They convince the young eager entrepreneur that “the law” cannot really touch him/her and so, while the chance for money is high, the accompanying risk is low.
Continue reading

June 10, 2009

Boston Area High School Student Arrested For Assault Threats At Graduation

by Altman & Altman

The Cambridge Rindge and Latin High School graduation was last week. One of the hopeful graduates, 17-year-old Pauline F. (hereinafter, the “Defendant”) was all set to take that exciting step. But things did not go as planned. Now, she needs something else…a lawyer.

You see, the Defendant was arrested at the site of the graduation before she could actually receive her high school diploma.

Police Officer Sean Lowe was working a paid uniform detail for the graduation when a commotion erupted as more than 300 cap-and-gown clad graduating students lined up to walk across the stage. According to law enforcement, the Defendant, dressed in her black graduation gown, was shouting obscenities while pacing back and forth and crying.

And why was she crying?

Well, apparently, CRLS Principal Christopher Saheed and John Silva, the security director at the high school, had told the Defendant that she would not be allowed to walk across the stage with her class. Perhaps determined not to ruin the day, the Defendant is said to have threatened that she would walk across the stage anyway and that she would slap any officer who got in her way, according to police reports.

Yes, that would be “slap” as in “assault and battery“.
Continue reading

April 30, 2009

Sealing criminal records in MA- How a defense attorney can expunge/seal your record.

by Altman & Altman

Ok, you are sitting in your home around Boston. You hear a police car, sirens screaming, speeding down the street. You momentarily jump because of that old warrant you used to have pending against you. Then, you relax; you remember that, after you started reading this daily blog, you contacted an experienced criminal defense lawyer and cleared the warrant, and the case attached to it,up.

But then, you remember that said nasty stain still exists on your otherwise clean criminal record, or, as it is more commonly called, “CORI”.

What to do?

Is there anything you can do?

Well, there might be, depending on the circumstances. Massachusetts law has changed over the years regarding the possibilities and procedures of the expungements (erasing) and sealing of criminal records.

Totally erasing any sign of a criminal matter is not generally possible in the Commonwealth. That solution is basically left for instances where the wrong person was arrested.

No, that does not mean if your defense in the case was “I didn’t do it”.
Continue reading

April 9, 2009

More than 2,000 US Inmates Sentenced to Life in Prison Without Parole Committed Their Crimes When They Were Minors

by Altman & Altman

According to Equal Justice Initiative, there are more than 2,000 prisoners serving life sentences without parole for crimes that they committed when they were younger than 18. At least 73 of these offenders were just 13 or 14 at the time.

The US Department of Justice says that the trend of giving minors life prison sentences began in the 1990’s when there was a dramatic increase in homicides committed by juveniles. The nationwide crackdown also resulted in certain minors being tried in adult courts.

Now, Oregon, Alaska, New Mexico, Colorado, and Kansas are the only US states where a minor can’t be sentenced to life without parole. 19 US states allow children younger than 14 to be sentenced to the same terms. Pennsylvania has almost 500 prisoners that committed crimes when they were minors and who are now serving life terms without parole.

Recently, lawmakers in certain US states began to push for changes in their laws. In 2006, Colorado got rid of the sentence of life in prison without parole for minors convicted of crimes. Legislation is being considered at the federal level that would allow juvenile offenders to avail of parole. Meantime, in California, Senator Leland Yee introduced SB 999 that allows for the sentences of juveniles serving life in prison to be reevaluated after 10 years for parole.

While supporters of the practice of sentencing minors to life sentences say this punishment is sometimes necessary to keep society safe, opponents call life prison sentences for juveniles a “cruel” punishment for such young offenders. There are even two juvenile offenders who received the lifelong sentences for crimes other than murder.

Antonio Nunez, then 14, was convicted of armed kidnapping in 2001. Joe Sullivan received his lifelong sentence for raping an elderly woman in 1989. Sullivan is mentally disabled and was 13 when the sexual assault incident happened.

According to Equal Justice, most juvenile offenders who are ordered to spend their lives in prison without parole usually had to endure violence, poverty, or drugs while growing up.

When tried in adult court, juveniles can be at a huge disadvantage unless they are represented by an experienced juvenile crimes lawyer.

Teens locked up for life without a second chance, CNN, April 8, 2009
Nearly 500 teens serving life terms in Pa. prisons, Post-Gazette, April 8, 2009
Bill Introduced to Reform Life Sentences for Minors, California Chronicle, April 8, 2009

Related Web Resources:
Equal Justice Initiative

Juvenile without Parole Fact Sheet, Citizens for Juvenile Justice (PDF)

Read the Equal Justice Initiative Report
Continue reading

March 31, 2009

Holbrook Police Investigate Massachusetts Sexting Case Involving Teen Minors Having Sex on Video; Statutory Rape Charge May Be Filed

by Altman & Altman

In Massachusetts, Holbrook police are investigating a complaint by a juvenile girl that videotaped footage of her having having sexual intercourse with her boyfriend was texted to classmates and friends. Both the girl and her boyfriend are minors. The Norfolk District Attorney is investigating the girl’s claims and a “statutory rape” charge may be filed.

This is not the first Massachusetts sexting incident to garner media attention. Earlier this month, three students from Mansfield High School were suspended. They are accused of downloading naked pictures of a classmate who is a minor. The pictures were also posted on the Internet and handed out in print format around the Massachusetts school.

Last month, a number of middle school students in Falmouth were accused of transmitting naked pictures of a 13-year-old female via text message. In January, over 100 cell phones in Billerica may have received and/or sent a naked picture of a 14-year-old girl.

In Massachusetts, sexting is being treated as a sexual crime that could result in adult charges and penalties, including time behind bars and mandatory registration as a sex offender. Meantime, prosecutors in other US states are also treating this latest teen craze seriously.

In Pennsylvania, a 15-year-old girl is suing a local prosecutor who is threatening to file an open lewdness charge against her and a friend for taking pictures of themselves in their bras and transmitting them via text. The teen, Marissa Miller, claims she did nothing wrong.

In another sexual crimes-related case involving a teenager using current technology to express her sexuality, child pornography and distribution of child pornography charges were filed in New Jersey against a 14-year-old girl who posted almost 30 nude pictures of herself on her MySpace Web site.

These arrests are sparking a debate on whether filing criminal charges is the right penalty for these teens, especially as many of them may not even be aware they are breaking the law.

‘Sext’ flick shocker: Holbrook police investigating phone video, Boston Herald, March 30, 2009
Girls threatened with porn charge sue prosecutor, AP, March 26, 2009
NJ girl, 14, arrested after posting nude pics on MySpace, Boston Herald, March 27, 2009

Related Web Resources:
Juvenile sex crimes far from uncommon, WickedLocal.com, February 10, 2009
‘Sexting’ in Massachusetts Could Lead to Child Pornography Charges and Sex Offender Status, Altman & Altman, LLP, March 24, 2009
“Sexting” Shockingly Common Among Teens, January 15, 2009
Massachusetts Sexual Offender Registry
Continue reading

March 24, 2009

‘Sexting’ in Massachusetts Could Lead to Child Pornography Charges and Sex Offender Status

by Altman & Altman

In the United States, a number of arrests involving teenagers and young adults ‘sexting’ have led to media speculation about this new activity that has grown popular among young people. ‘Sexting,” involves sending nude or semi-nude pictures via text message.

While this may appear like a new and harmless way for teenagers especially to express their raging hormones, law enforcement officials and school authorities are taking this new form of texting seriously. Students in at least 12 US states have been charged with possessing and sending child pornography.

In Massachusetts, six Falmouth middle school students, ages 12 to 14, were brought in for questioning over a picture of a partially nude 13-year-old girl that was sent via text message in January. Five of them may face child pornography charges. If convicted of this Massachusetts felony crime, they would have to register as sexual offenders.

In Kansas, seven people, including five minors were arrested for using their cell phones for ‘sexting’ nude photos. In California, Orange County middle school students were suspended after a 14-year-old girl’s nude pictures were sent via text to other students.

According to the National Campaign to Prevent Teen and Unplanned Pregnancy, one in five teenagers admits to sending out semi-nudes or nude photos of themselves via text messaging. 39% of teens say they have sent sexually suggestive messages, while 48% say they have received such messages.

In many instances, a ‘sexting’ youth may not even know that he or she is doing anything illegal and is just having fun or trying to fit in. Yet ‘sexting’ is hardly a child’s game, considering that a felony charge for child pornography can have serious, adult-like ramifications.

Report: Boy Won’t Be Charged In ‘Sexting’ Case, WBZ.com, March 7, 2009
Los Alamitos Students Caught ‘Sexting,’ MSNBC.com, March 19, 2009
‘Sexting’ Teens May Face Child Porn Charges, ABC News, February 12, 2009

Related Web Resources:

Sex + Texting = Sexting, Washington Post, December 10, 2008
National Campaign to Prevent Teen and Unplanned Pregnancy
Continue reading

March 11, 2009

Massachusetts Police Say Economic Woes Have Led to More Break-Ins, Larceny, Domestic Violence, and Other Crimes

by Altman & Altman

Police in Massachusetts say they believe that the increase in car break-ins, burglaries, scams, larcenies, and domestic violence crimes throughout the state can be attributed to the recent economic crisis. For example, the Boston Globe is reporting that in:

• Lawrence, Massachusetts: Burglaries have already increased by 52% compared to last year.
• Lowell, Massachusetts: There has been a 21% increase in thefts and larcenies, as well as an increase in fraud cases.
• Hingham, Massachusetts: Between October 2008 through February 2009, there were 57 reports of domestic violence-related crimes (up from 35 domestic violence incidents the year prior).
• Boston, Massachusetts: While large crimes are down throughout the city, certain areas have seen an increase in robberies, thefts, and burglaries.
• Between January 1 through March 1, 2009, the Suffolk district attorney’s office assessed 256 child abuse cases, which is almost twice the number of cases reported for the same period in 2008.

According to police, loss of work, loss of income, foreclosures, and loss of quality of life may be leading to desperation, frustration, anger, stress, arguments and fights between couples and business partners, drinking, and drugs.

Police departments throughout Massachusetts are also reporting some unusual crimes that could be a further reflection of the tough times that people are facing:

• A Ludlow bank was robbed two times in a little over a year in a town that hadn’t experienced a bank robbery in 20 years.
• In Hingham, one man was accused of assaulting his spouse after he was laid off from work.
• One Quincy theft crime that occurred last December involved robbers taking three snowplow blades.
• Domestic violence programs throughout Massachusetts are reporting an increase in the number of battered women asking for help.

It doesn’t help that the economic crisis is forcing police departments to cut back on budgets, which means there are less resources and staff to deal with the increase in Massachusetts crimes.

Economy fuels rise in crime, police say, Boston.com, March 10, 2009
Massachusetts Crime Rates 1960 – 2007, Disaster Center
Related Web Resources:
Massachusetts State Police
Continue reading

February 14, 2009

Massachusetts Supreme Judicial Court Says Juvenile Offenders Can’t Be Held An Extra Three Years After Turning 18

by Altman & Altman

In Massachusetts, the Supreme Judicial Court has struck down a law that lets the state keep juvenile offenders that it considers dangerous for another three years after they turn 18. Under Massachusetts’ extended commitment law, the Department of Youth Services is allowed to hold juveniles until age 21. The state’s highest court, however, is now saying that the the law violates the youths’ constitutional rights.

The court issued its ruling in a case brought by three juveniles. The court says the law does not clearly define what “dangerousness” means. Previously, the law had a requirement that the threat of physical dangerousness had to connected to a mental condition that would make it hard for a person to practice self-restraint. That requirement, however, was dropped in 1990.

The court also said that it in 2004, it told the Legislature that it was seriously worried about the law’s constitutionality and asked them to try and fix its flaws. According to Children’s Law Center of Massachusetts deputy director Barbara Kaban, the court’s ruling shows that the state will not detain someone based on an allegation of dangerousness if the meaning of what that danger actually consists of is unclear.

The juveniles that brought the case had been detained for a number of crimes, including assault and battery with a dangerous weapon and larceny. The three youths have been in DYS custody since they were 16. While they were put on probation at first, all three of them violated their probation terms and were sent back to the juvenile detention facilities. The DYS applied for extended commitment orders for all three youths before they turned 18.

A DYS spokesperson says that following the new ruling, some 12 youths between ages 18 and 21 who are still in DYS custody will likely be released.

Juvenile Defense
The state of Massachusetts uses a completely different system for juveniles and adults when prosecuting crimes. There are steps that can be taken to protect the rights of your son or daughter and to minimize the impact of being charged with a juvenile crime.

Court: State can’t hold youth 3 extra years, BostonHerald.com, February 13, 2009
Juveniles’ release after 18 backed, The Republican, February 11, 2009
Related Web Resources:
Massachusetts Department of Youth Services

Juvenile Court Department, The Massachusetts Court System Continue reading

January 21, 2009

Unusual Drug Bust Outside Of Boston No Laughing Matter

by Altman & Altman

It was not downtown Boston, but downtown Northampton that hosted a concert featuring a jam band known as the Disco Biscuits, resulting in fourteen arrests. The somewhat unusual scene apparently led suspects laughing all the way to meeting their attorneys at Northhampton District Court where they were advised of their charges.

The nature of the charges? Drugs and juvenile in possession of alcohol.

But there was a twist in this one.

Perhaps inspired by the noteworthy performance of the late Heath Ledger as The Joker in 2008’s blockbuster film “The Dark Knight”, some of those arrested were in possession of tanks containing nitrous oxide.

You may have heard of it as “laughing gas”.

Police found that the suspects had set up metal cylinders of nitrous oxide in various locations, including one police discovered in alley off King Street right next to the theater. They were selling balloons filled with the gas for $5 apiece, Police Capt. Kenneth A. Patenaude said.

About a half-hour later, a crowd of 40 to 50 youths led police to discover another tank set up in the alley next to Florence Savings Bank on Pleasant Street. Yet another of the tanks was confiscated Saturday night from a room at the Quality Inn after a disturbance was reported there, according to Patenaude.
Continue reading