Boston Criminal Lawyer Blog

October 13, 2008

Massachusetts Trespassers, Thieves And Adventurers Face variety Of Criminal Charges West and South Of Boston

Today is Columbus Day. As we honor the adventurer who is celebrated as the man who discovered America (although other people were already living here at the time), I think it appropriate that we recognize other valiant efforts at similar discoveries. However, being that this is a daily Criminal Law blog, we unfortunately have to focus on a few not-so successful voyages.

It turns out to be easy, though; last week was not a particularly good week for voyagers to the other side of the law, especially south and west of Boston.

Let’s turn first to Tuesday in Warren, Massachusetts, where the police believe they have linked a suspect to three recent break-ins. This gentleman, Matthew W., 24, (hereinafter, “Defendant 1”), was captured thanks to his alleged intended victim – a 78-year-old woman who confronted him in her bedroom and chased him out the window.

Defendant 1 is currently being held at the Hampshire County House of Correction in Northampton, awaiting trial on charges out of Ware. Tuesday, he was arraigned at Western Worcester District Court in East Brookfield on nine counts related to three break-ins.

According to court documents, the intended not-so-helpless victim was inside her apartment in West Warren about 9:30 a.m. when she heard a voice yelling “Hello, Hello,” outside her bedroom window. She went to the window and saw a young man, who asked if she’d like him to mow her lawn. She declined and he asked her if she got out much.
Continue reading

October 12, 2008

Four Framingham Teens Arrested for Smoking Marijuana

by Altman & Altman

In Massachusetts, four teenagers from Framingham High School were arrested on Monday after they were caught smoking marijuana behind the school. The teens are four boys, ages 14, 16, and two 15-year-olds. They were charged with marijuana possession and released to their parents custody.

According to the school official that discovered the boys while they were smoking pot, one of the teens was carrying a small bag of marijuana, as well as a pipe for smoking the drug. The teen said that he found the marijuana.

If your son or daughter has been arrested for a crime in Massachusetts, it is important that you retain the services of an experienced Boston criminal defense attorney that can protect your child’s rights while providing the best defense. Your Massachusetts juvenile crimes attorney can take all the necessary steps to make sure that your son or daughter is charged as a juvenile and not as an adult.

Marijuana Possession in Massachusetts
In Massachusetts, possession of marijuana is considered a misdemeanor crime and punishable by up to six months in jail and a $500 fine. Probation is an option-depending on whether this is your first or a subsequent offense. The sale or cultivation of marijuana is considered a felony crime, and time in prison and fines may vary depending on how much marijuana is involved and other circumstances related to the arrest.

However, on election day, Massachusetts voters will be asked to vote on a proposed law that would decriminalize marijuana possession of one ounce or less. For offenders older than 18, new penalties would include a $100 civil fine and the forfeiture of marijuana. For offenders younger than 18, a parent or legal guardian would be informed of the offense, and the offender would be given the opportunity to take part in a drug awareness program. If an underage offender did not complete the program, the find would be raised to $1,000.

Proposal would make marijuana possession a matter of $100 fine, SouthCoastToday.com, October 9, 2008

Related Web Resources:

Framingnham High School Students face marijuana charges, The Metrowest Daily, October 8, 2008
DA speaks out against marijuana decriminalization, The Daily News Tribune, October 8, 2008
2008 Information For Voters: Possession of Marijuana, Elections Division Continue reading

October 10, 2008

Massachusetts Driver On Probation Faces Third Round Of Charges For Operating Under The Influence

by Altman & Altman

David K., 38, of Hamilton, Massachusetts (hereinafter, the “Defendant”) is getting points for consistency – negative points. He has just been arrested for his third alleged occasion of driving under the influence. In fact, he also faces bonus points for violating probation because of the arrest. Currently, he is awaiting his final score as a guest of the Commonwealth.

The Defendant came to the attention of police when he was driving just after 2:00 a.m. on Bridge Street in Beverly. Unfortunately, the headlights on his pickup truck were not on. He was pulled over and, during questioning, the officer says he smelled alcohol and noticed that the driver seemed uncoordinated as he fumbled for the registration. When asked if he had been drinking, the Defendant showed the officer a prescription bottle of Trazadone, a painkiller he said he was taking because of surgery to his Achilles tendon two years ago. According to the police report, he also told the officer that he had taken two pills – twice the suggested dosage.

Digesting all of this, the officer checked the Defendant’s information and learned that the Defendant was not even supposed to be behind the wheel in the first place. In addition to a one-year license suspension because of two similar cases last year, his license had been revoked in December for four years by the Registry of Motor Vehicles, which deemed him a habitual offender for some reason.

October 9, 2008

Disorderly Massachusetts Man Gambles And Loses With US Airways

by Altman & Altman

Ever get frustrated at the airport? Maybe the unusual experience of a delayed flight inconvenienced you. Perhaps you did not like the meal. It could be there was no meal. Believe it or not, I have even heard of extreme instances where flights were actually cancelled!

If any of these events happen to you….today’s daily blog gives an example of what not to do.

42-year-old Framingham resident Arthur N. (hereinafter, the “Defendant”) had a tough couple of days with US Airways. Things began in Las Vegas on Sunday. His flight to Boston was delayed for seven hours because of mechanical problems. He was not a happy man when finally allowed to board. So, he decided to partake of clever repartee. Perhaps it was the flight crew’s error of asking how he was. His response was that he had pneumonia.

October 8, 2008

Massachusetts Rape Cases Involving Young Victims Continue to Make Headlines

by Altman & Altman

In Massachusetts on Tuesday, Medford resident Philip Duffy was sentenced to a life sentence plus 10 to 12 years for the rape of two deaf girls. At his criminal trial last August, Duffy, 48, was found guilty of three counts of indecent assault and battery on a child younger than 14, five counts of indecent assault and battery on a person older than 14, and posing a child in a nude state. He allegedly assaulted one of the girls multiple times over a four-year period from the time she was 12 years old. Duffy will be eligible for parole after 15 years.

In another recent rape case involving a young victim, psychiatric patient Vernon Lee Thompson is scheduled to be arraigned this week on charges that he raped a 14-year-old hospital volunteer at the Lemuel Shattuck Hospital in Jamaica Plain. Prosecutors say that Thompson raped the volunteer two times in a stairwell on July 10. A nurse reportedly saw Thompson with the girl but did not stop him. Another witness also saw them together and “separated them.”

According to the US Department of Justice, 2/3rds of all reported sexual assault crimes involve minors younger than 18. In Massachusetts, prosecutors will aggressively pursue anyone charged with the rape of a child or an adult, and the penalties if convicted are severe. This is why it is important that if you have been arrested for a sex crime, you retain the services of an experienced criminal defense law firm to protect your rights and provide you with the best defense.

Recently, new Massachusetts legislation created new child abuse crime categories, including assault and battery of a child under 14, aggravated statutory rape, and aggravated forcible rape of a child. Conviction of any of these crimes now comes with mandatory minimum prison sentences.

Philip Duffy gets life for raping 2 deaf children, BostonHerald.com, October 7, 2008
Psychiatric patient indicted on rape charges, Boston.com, October 6, 2008
Child Protection Act just a start, Wickedlocal.com, July 30, 2008

October 7, 2008

Outstanding Warrants Come Back To Haunt Massachusetts Resident

by Altman & Altman

William Shakespeare once told us that a rose by any other name would smell as sweet. His point was “What’s in a name?” A gentleman from Chicopee, Massachusetts, apparently agrees with him. In Chicopee, he is known as Felix Maldonado. In Waterbury, Connecticut, however, he was known as Alfredo “Eddie” Gonzalez. But to us, as well as the criminal justice system, he is now known as the Defendant.

The Defendant, 43, is currently being held without bail in Connecticut, courtesy of the Commonwealth of Massachusetts, where his various identities were finally meshed. He was returned to Connecticut in August to face 18 outstanding arrest warrants dating back to 1995 and 1996.

He had been alluding authorities for years by moving around and using a variety of aliases and birth dates, police said. After all, what good is a new identity without a new birthdate to go along with it?

October 6, 2008

Boston Driver Creates New Lane And Chaos On Route 93, Adding Multiple Charges To Operating Under the Influence

by Altman & Altman

It would seem that some people are never satisfied. Now that “The Big Dig” is completed, one particular driver was unhappy with the lanes created by the extensive project. Her solution was apparently to create a “speedy-reverse lane”.

Siobhan H, 21 years of age and Norwood of residence (hereinafter, the “Defendant”) was in court this past Friday facing various charges for her ingenuity. She had come to the attention of police when calls were received of a driver traveling on the wrong side of the highway at the Hanover exit on Route 3. She continued in her special lane, traveling almost 20 miles in the wrong direction on I-93 Southbound all the way to Dorchester in her 1998 Chevrolet Malibu. She drove at speeds over 100 miles per hour, according to the authorities.

When the police tried to stop her, she did what one would expect she would do; she tried to out-drive them. During the chase, the Defendant slammed into one car and jersey barriers. Finally, the police blew out her tires through use of “stop sticks”.

October 3, 2008

Massachusetts Police And Prosecutor Are Accused Of Abusing Trust For Sex And Money

by Altman & Altman

It is almost as if members of law enforcement have been reading this daily blog and decided to help me illustrate one of its chief lessons. The lesson?

Anybody can find themselves facing criminal charges…even someone you least expect. Maybe even you.

Today’s defendants come to our attention by crossing the aisle from the other side of the trenches.

October 2, 2008

Massachusetts Sex Offender With Weapon Said To Be Violent Or Selfless…Depending On The Circumstances

by Altman & Altman

“Uncle Marky”, as he is known to Cape Cod children is in trouble again. He got shot by a Harwich police officer Monday night.

Court and police records describe Marcus M, whose last name has again been changed to “Defendant” as a violent and troubled soul. At the ripe old age of 29, he seems to have already displayed an impressive gift for criminal consistency.

Defendant is a Dennis-Yarmouth High School dropout and the father of one child. He is a Level 2 sex offender after his conviction in 1998 for raping a child, 13, with force, in a dugout at the youth league baseball field on Wixon Middle School grounds in Dennis in December of 1996. At the time, prosecutors said he already had a history of violence and was serving a suspended sentence for assault in Dennis.

September 29, 2008

Western Massachusetts Runners Attempt To Escape Arrests For Shoplifting, Possession Of Stolen Automobile and Parole Violation This Weekend

by Altman & Altman

The “wild west” has long been associated with images of folks making their own rules and bravely trying to tame the frontier. It would appear that two Western Massachusetts gentlemen had similar attitudes…although, according to the police, their actions would be more aligned with untaming than taming the area.

Let’s start with this past Friday in Springfield. 30-year old Ricardo M., (hereinafter, “Defendant”) was observed by police officers while allegedly ducking down inside a car near 86 Maple Street. When simply nestling under the dashboard did not work, he decided to jump out of the car and lead the police on a foot chase. This, however, did not make his situation dire enough, so he took the extra alleged step of breaking into an elderly woman’s apartment to hide.

She screamed. Police came. He was arrested.