Boston Criminal Lawyer Blog

July 6, 2016

TWO GENTS FROM OUT OF STATE ARE ARRESTED FOR DRUG TRAFFICKING AT LOGAN AIRPORT

We have discussed a number of cases during which law enforcement is paying a great deal of attention on what is going on in the country’s airports. No, not simply for cases of potential terrorists.

The last one, this weekend, involved trafficking.

Narcotics trafficking.

On Saturday, the authorities say that two Pennsylvania men tried smuggling six kilograms of cocaine through Logan International Airport by stuffing bricks of the drug into the lining of their bags. This made the lining unusually heavy, according to police, which made the bag suspicious.

Ezra Mendez, 19, and Erick Domingues-Santos, 25, both of Allentown, Pa., and hereinafter collectively, the “Defendants”, were set to appear in East Boston District Court yesterday to face charges of trafficking in cocaine and conspiring to violate drug laws.

The Defendants, arriving on a flight from Santo Domingo, Dominican Republic, Saturday morning, tried passing through customs 10 minutes apart, each carrying a black roller bag, according to state police according to the Boston Herald

When airport workers noticed an “abnormality” in the bags during the screening process, they emptied the totes, which had a thicker bottom liner than usual and felt “unusually heavy,” state police said.

This undoubtedly raised suspicions even higher given that “false bottom” bags are a common way by which contraband is often secreted.

July 1, 2016

FIVE REALITIES WHICH YOU NEED TO UNDERSTAND WHEN DEALING WITH THE MASSACHUSETTS CRIMINAL JUSTICE SYSTEM (FINALE)

by Samuel Goldberg

Ok, so where do the last few blogs, including yesterday’s, leave us?

The point is that what you have been raised to believe , and what our political leaders would like you to believe and wonderful theories upon which our system is based do not always translate into reality very well. Does this mean that everyone is “lying”?

No, not really. I think, to some extent ort other, we try to be in perfect sync with the theories upon which this great country was based. But we are human.

On the other hand, this is not a blog to written to debate philosophies. It is to reflect the reality of the criminal justice system to you, my readers. Therefore, as was the message in yesterday’s blog, I am trying to use the various stories over the past week to help me describe realities about which you should be aware..

You see, in my opinion, the difference between what the system calls the “good guy complainant” and the “bad guy defendant” is not very large. It often hinges on one precarious moment.

Attorney Sam’s Take On Five Realities Of Which You Should Be Aware

“We do not incarcerate people for being poor”

We discussed a new case on this subject earlier in the week in which the Supreme Judicial Court of Massachusetts made this point. The fact is, however, that there are some crimes which will continue to be part of most homeless people’s lives. For example, there is the crime of Trespass. And, standing against the rights of the homeless to be free are the rights of a property owner.

What the law, in balancing the two interests, is saying is that if a homeless person can prove to a jury or judge the necessity of being somewhere in which he or she is otherwise not allowed, it is a valid defense to the crime.

June 30, 2016

“WHAT IF I AM ARRESTED OVER THE JULY 4TH WEEKEND?”

by Samuel Goldberg

Now, I know we are in the middle of a three part posting and I owe you the third part. I will post that third part tomorrow. Today, however, something that should be more urgently on your mind.

It could be a drunk driving charge. It could be an allegation of domestic abuse. It could even be an unexpected accusation of rape.

People generally do not venture out expecting to be making an involuntary stop at the local police department before they return home.

But it happens. Especially on holiday weekends.

So, you’d best think about it. When the criminal justice wheels start turning with you inside them, you just might find it harder to think clearly and come up with a plan.

Attorney Sam’s Take On Holiday Police Encounters

Over the holiday weekend of course, court is not open. Therefore, should you end up in police custody, you may have to stay there until Tuesday comes along.

“Isn’t there something I can do about that? I don’t want to spend the weekend in jail.”

June 28, 2016

A SUCCESSFUL CRIMINAL APPEAL ABOUT THE “NECESSITY” DEFENSE BRINGS REALITY BACK INTO THE COURTROOM (Part Two)

by Samuel Goldberg

You have probably heard the notion that being broke is not a crime in the United States. After all, they can’t prosecute you simply for being poor, can they?

Well, kinda- sorta.

Try not being able to pay restitution, probation fees or other court costs when you are on probation…!

A particular case covered by the Boston Herald , the Supreme Judicial Court seems to have noticed a case in which our legal theories do not coincide with reality.

David Magadini (hereinafter, the “Defendant”), now 67, was arrested in the Berkshieres . The man was then tried and convicted of criminal trespass. After all, he took shelter in a privately owned building during the harsh winter weather.

Oh, did I mention that he was homeless at the time?

June 24, 2016

PENALTIES FOR AN ASSAULT AND BATTERY ON A POLICE OFFICER MAY BE ABOUT TO CHANGE (Part One)

by Samuel Goldberg

We have a couple of stories here which relate to each other in terms of a very serious lesson for the readers of this blog. They will take us into next week.

First, let’s look at proposed changes in the laws surrounding assault and battery…when the complainant is law enforcement.

Governor Charlie Baker is proposing new legislation. Should it pass, suspects who allegedly seriously injure a police officer would face up to 10 years in prison. They would also be disqualified from receiving a probation-only sentence. This is the apparent new political response to the murder of an Auburn police officer at the hands of a criminal with a history of attacking officers. That case, along with a variety of attacks on law enforcement, has sponsored the new concern for our police officer’s safety,

June 22, 2016

TEN THINGS TO REMEMBER WHEN EXPERIENCING ROAD RAGE

by Samuel Goldberg

Alexander Nguyen (hereinafter, the Defendant) has been arrested. Monday was his entry date to the criminal justice system.

The Defendant faces charges charges of assault and battery causing serious bodily injury, threats to kill, disorderly conduct, and disturbing the peace.

It was a “road rage” event.

According to Boston.com, the Sharon Police Department reports that the Defendant, 21, engaged in the actions at issue on June 12th. They say he got out of his black Acura MDX and “assaulted the victim while the victim’s children watched from the back seat.”

The Defendant is said to have left the scene and Sharon police posted a description of the suspect on its Facebook page on Friday. On Saturday, Nguyen showed up at the police station, where he was arrested, according to police.

June 17, 2016

“CAN I BE ARRESTED FOR NOT BEING AN INFORMANT IF I BELIEVE MY HUSBAND EITHER HAS OR IS ABOUT TO COMMIT A CRIME.”

by Samuel Goldberg

You have undoubtedly heard about the horrifyingly tragic and monstrous mass murder which took place at Pulse in Orlando, Florida. Omar Mateen, now deceased, committed the deed, leaving behind 49 people dead and 53 injured.

There seems to be no doubt as to either the despicable act or the identity of the shooter.

Mr. Mateen, however is dead and so beyond the government’s ability to punish him further.

And so eyes turn to his wife, 30-year-old Noor Zahi Salmon.
Continue reading

June 15, 2016

ATTORNEY SAM CONTINUES LISTING THE CONTENTS OF THE TYPICAL DRUG TRAFFICKING PROSECUTION (Part Two)

by Samuel Goldberg

Yesterday, we discussed a gent who is looking at criminal charges for allegedly participating in a heroin trafficking ring. We began listing items that one normally finds being offered into evidence in such cases.

We now continue.

Attorney Sam’s Take On Additional Pieces Of Evidence In A High Level Drug Trafficking Prosecution

A Stash

This refers to other drugs that are waiting to be sold in or around the location.

An important part of a high-level drug trafficking investigation is finding the sources of drugs. Drug operations tend to be multi-level. Generally, law enforcement is more interested in getting the “bigger fish” than the “little minnows”. The prosecutorial hope is that the more drugs that are found, the higher the level of the dealers. In terms of the individual prosecution, the finding of a stash is good evidence that the people present are involved in the drug trade.

It is especially helpful when the type and packaging of the drugs found match the packaging of that which was sold in a pre-warrant buy (discussed yesterday).

Big stashes of illegal narcotics tend to be worth a great deal of money. Therefore, the more the stash is worth, the less likely it is that folks not involved with the business will be present at what is suspected to be a drug location.

At least, that’s how the theory goes.

June 14, 2016

SALEM MAN IS CHARGED WITH TRAFFICKING IN HEROIN (Part One)

by Samuel Goldberg

Allen Delisle, 29, hereinafter, the “Defendant” learned about law enforcement and allegations about the drug trade yesterday according to the Salem Daily News.

The Defendant was held on $100,000 cash bail at Salem District Court. The next date is scheduled to be for a probable cause hearing. Translation? The Commonwealth is going to indict him

According to the Commonwealth, after two pre-warrant buys from the Defendant, A search warrant was executed Friday afternoon. The Defendant was allegedly found with more than 2 ounces of heroin in his rooming house . As a result, he stands charged with heroin trafficking and distribution of drugs near a school or park.

The Commonwealth claims that it recovered thousands of dollars in cash in the pockets of the Defendant as well as thousands of dollars worth of heroin. Packaging materials were also apparently discovered

The Defendant faces a mandatory minimum of seven years in state prison if convicted.

The issue of coming up with the bail might turn out to be moot. Apparently, he is also currently on probation. Very likely, the Department of Probation will seek to bring a surrender hearing and send him into the not so warm arms of involuntary housing

Attorney Sam’sTake On The Typical Evidence Of A Drug Trafficking Case

It seems I have been surrounded by drug cases ever since I graduated out of law school.

June 9, 2016

Charged With Resisting Arrest in Massachusetts? What Should you Do?

by Altman & Altman

Technically, resisting arrest is defined as the crime of using physical power to avoid arrest, handcuffing, or transporting the accused to jail. In reality, any action to prevent one’s arrest or being taken into custody can leads to the charge.

Like the charge of disorderly conduct, determining the bounds of resisting arrest is largely up to the officer’s discretion, keeping in mind state guidelines and laws.

In most states, including Massachusetts, if the arresting officer exercises excessive force that result in “great bodily harm”, the accused has the right to defend him or herself. Usually, the circumstances are considered from the standpoint of a “reasonable person”, meaning if someone reasonable would consider the officer to be using excessive force then it is considered just that. Of course, this is eventually for a judge or jury at trial to decide.