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It happened again last week in the south of Boston island known as Cape Cod. Two gentlemen were arrested for armed robbery of a taxi driver in Oak Bluffs. Soon, they were facing the halls of Justice in Edgartown after the brief investigation. One went to regular court. One met his attorney in Juvenile Court.

It is not a terribly unusual occurrence in today’s criminal justice system. In fact, this daily blog has posted various such stories over the past year.

I started handling cases of adult/juvenile “team-ups” back in Brooklyn when I was a prosecutor. At the time, juveniles became the drug dealer of choice because of a belief in the trade that kids would not be prosecuted. So, they would be paid the “big bucks” to do the actual hand-to-hand sales. Whether the logic was correct then or not…it is not correct now.

Juveniles get prosecuted today and said prosecution can last a lifetime.
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Cameron Douglas, the son of movie star Michael Douglas, has been transferred to the Metropolitan Correctional Center after violating the terms of his house arrest. Cameron, 30, was arrested last month at Hotel Gansevoort in New York City for allegedly distributing large quantities of methamphetamine, also known as crystal meth. He is charged with drug possession and distribution.

Police apprehended him as he was allegedly about to mail a drug shipment via Federal Express. Cameron is facing a mandatory minimum 10 years in prison if convicted but he could also be ordered to serve a life prison term.

The criminal complaint against Cameron accuses him of getting his former assistant to introduce him to possible buyers. The assistant and two buyers were also arrested on drug-related charges and are cooperating with the state. The complaint contends that since 2006, buyers have paid Cameron tens of thousands of dollars for trafficking drugs.

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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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This seemed like a fitting blog to post after the three-part series on drug possession. A young gentleman from Braintree is alleged to have kept a virtual treasure-trove of marijuana and evidence of intent to distribute in his car. Detectives found the car. Now, one would imagine, he has found a criminal defense attorney.

The arrest of Braintree’s 19 year-old Paul M. (hereinafter, the “Defendant”) actually took place on Wednesday. It was the result of a two-month investigation into what law enforcement believed to be drug trafficking.

Braintree Deputy Police Chief Russell Jenkins said detectives found an undisclosed amount of marijuana inside the vehicle, as well as scales, plastic bags, drug paraphernalia, other evidence of drug sales and $1,750 in cash. The Defendant was charged with possession of marijuana with intent to distribute and was arraigned in Quincy District Court.
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We have discussed the realities of being arrested for possession of controlled substances in Boston. We have investigated the importance of the location of that arrest. I have painted, I suppose, a fairly bleak picture. However, I have also told you that an experienced criminal defense attorney can make a difference as to the disposition of the resulting criminal matter.

There are certain defenses which are available in drug possession cases. Some of them may seem obvious, but given the state of the law, they need to be pursued in a particular way.

For example, it is probably already apparent that if there are no drugs in your possession when the police come, that it makes it harder to prosecute you. This is probably why I see many cases in which, upon seeing the police approach, the soon-to-be-defendant simply drops the bag of drugs down and runs away in hopes that, since the drugs are no longer in his hand, he cannot be prosecuted. Actually, that little gesture has not helped him at all. In fact, it has hurt him.
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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

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You have been arrested for drug possession. You had some cocaine in your pocket as you were going home last night. You are a visitor to Boston and so brought lots of cash to get you through your visit. As you returned home last night to your hotel, the police thought you looked like a suspect they were looking for in a robbery. The good news is that you were not identified by the “muggee”.
The bad news is the police found the cocaine. And the money. Now, you are in custody waiting to meet your defense attorney.

Does this sound like an unlikely scenario to you? It really isn’t. But I have not even hit the worst part yet. Remember that “lots of cash” I mentioned above? That has convinced law enforcement that you were possessing the cocaine with the intent to sell it. Not bad enough yet? How about that you are also being charged with being in said possession in a “school zone”?

That last little charge opens you up to a mandatory sentence to be served after the sentence for the possession with intent to distribute.

Now, not being terribly familiar with Boston, you look at your lawyer in disbelief as he tells you this. You did not see any schools around where you were walking.

The fact is…you did not have to.
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A grand jury has indicted Plaxico Burress, the former wide receiver for the New York Giants. The criminal charges include two felony counts of criminal possession of a weapon and one count of reckless endangerment.

If convicted for the weapons charges, Burress, 31, could face 3.5 to 15 years in prison. He could be ordered to serve up to one year for reckless endangerment. If he is convicted of all charges, he could serve his sentences concurrently.

Burress already has pleaded not guilty to the weapons charges. He is free on $100,000 bail.

The incident leading to the criminal charges against Burress occurred last November after the football star and Giants linebacker Antonio Pierce went to a nightclub. Burress accidentally shot himself in the thigh and was taken to a hospital.

Burress is not licensed to carry a gun in New York. Just hours before the incident, the Giants had decided he couldn’t play in the next football game because he had strained his hamstring in the leg that he shot.

Pierce was not indicted on any criminal charges.

Burress caught the winning touchdown during last year’s Superbowl when the Giants defeated the New England Patriots. He is currently a free agent.

In Massachusetts, gun charges can be tough to combat unless you’ve got an experienced Boston illegal weapons possessions law firm representing you. The state has very strict gun laws that come with harsh penalties for offenders. However, there may be reasons why weapons possessions charges against you should be dropped or reduced.

Reports: Burress Is Indicted by Grand Jury, Washington Post, August 4, 2009
Plaxico Burress Shoots Himself Accidentally, New York Times, August 4, 2009
Related Web Resources:
Plaxico Burress

The General Laws of Massachusetts
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So, you were out last Saturday night in Boston, enjoying the ten minutes or so that it was not raining. You figure you will celebrate with the herb of your choice. After all, this is 2009 and you can just light up some marijuana you have in your pocket and toke away, you figure. So…why do you find you need a defense attorney come Monday?

The current drug laws, including those involving marijuana, can be somewhat confusing…on or off of campus

For example, passage of the so-called decriminalization of marijuana has created a certain amount of misunderstanding. While it is not actually criminal to be in possession of an ounce or under of pot, it is not exactly celebrated either. The marijuana can be taken from you under the statute and you may have to pay a civil fine.

On the other hand, the circumstances of the arrest can still bring you back into the spotlight of criminal prosecution. For example, if there are reasons to believe you may be sharing or selling the drug, you can still be prosecuted for either trafficking or possession with intent to sell. Further, if you are under age, there are other provisions in the statute that effect you.
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The Boston Criminal Lawyer Blog has discussed many cases which involve elements to which law enforcement and the courts are particularly sensitive. Today’s posting involves one such class of victim, namely, children. In this case, it is the mother who faces criminal charges.

As the prosecutor told the court last Friday, police responded to a report of a 3-year-old being Kristen P. 27, (hereinafter, the “Defendant”) was charged with reckless endangerment to a child and assault and battery on a child and was held on $10,000 bail after arraignment in Lowell District Court. According to the police, they found her 3 year old son locked in a sweltering, filthy attic. The boy was naked, covered in urine and feces, and had several minor bumps on his forehead. Further, the police say that the temperature in the attic was over 100 degrees. The attic door was locked and the only window inside was nailed shut.

Officers say that another boy and a girl at the home told them that the Defendant took the 3-year-old by his arms ”and dragged him upstairs to the attic.” The children told officers such things happened ”a lot.” Apparently, ”Mommy does this when she gets angry.”
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