Boston Criminal Lawyer Blog

November 12, 2013

MARLBOROUGH AND EASTON MEN FACE CRIMINAL CHARGES FOR SEXUAL ASSAULTS ON CHILDREN

Massachusetts sexual assault matters involving children seem to be a constant these days.

On Friday, Daniel Correia, 39, (hereinafter, the “Defendant”) of Marlborough was found guilty in Middlesex Superior Court in Woburn. He was convicted of aggravated rape of a child and two charges of contributing to the delinquency of a minor, Middlesex District Attorney Marian Ryan said. Judge Douglas Wilkins sentenced him to a sentence of 10 to 12 years in prison, to be followed by five years of probation, according to a statement from Ryan’s office. The statement added that for the first three years of his probation, the Defendant must wear a GPS-monitoring device. He also must not have any contact with the Commonwealth’s witnesses or any unsupervised contact with anyone under 16 years of age. He is also required to complete a sex offender evaluation and treatment while complying with the regulations of the state’s Sex Offender Registry Board.

The Defendant’s charges go back to February 17, 2011. According to the prosecution, the Defendant gave a 14-year-old boy vodka while he and a few friends were hanging out at the Defendant’s apartment. The pair are said to have discussed their age differences and, despite said difference, the Defendant allegedly engaged in sex with the boy.

November 4, 2013

“A MASSACHUSETTS POLICE OFFICER IS TRYING TO ENTER MY HOME IN VIOLATION OF MY CONSTITUTIONAL RIGHTS.”

by Samuel Goldberg

We continue on the subject matter that Attorney Sam’s Take was

discussing this past Thursday. Namely, the exercising of your Constitutional rights when law enforcement is pretending that said rights do not really exist

Last week, we discussed a case in which a number of young folks apparently felt that police officers who responded to a loud party were going too far. According to the Commonwealth, these 20-ish people (hereinafter referred to collectively as the “Defendants”) ended up verbally and physically assaulting the officers. Let’s put aside what the Defendants say they were doing for the moment. Clearly, they were not simply agreeing with the officers and quietly complying with the officers’ demands. It brought us to the question of what one is to do when law enforcement is trying to, in your opinion, “go too far”.

October 31, 2013

SOMERVILLE HOUSE PARTY LEADS TO CHARGES OF ASSAULT AND BATTERY ON POLICE OFFICERS

by Samuel Goldberg

We have often discussed the fact that when partying comes to the attention of law enforcement, the party-givers and party-goers need to be the ones to back down lest they find themselves wearing the mantle of “criminal defendant” in court.

I do not think that Jamie Martis, 20, , Dale Harding, 26 or Joshua Foote, 22 have been readers of this blog. You see, Somerville police officers came to what was described as a “wild party” early Sunday morning. In the end, approximately 25 to 30 police officers responded to the house party…and they were not among the invited guests.

It was just after midnight on Sunday when the Somerville officers first came to 6 Myrtle Street. There had been a report of a loud party. The officers poke with Harding and told him that he had to turn the music down and move about 30 people who were in the back yard inside.

October 25, 2013

MALDEN MAN FACES CHARGES FOR ASSAULTING A BUS DRIVER AND CAUSING PROPERTY DAMAGE

by Samuel Goldberg

Douglas Bergeron, 32, is from Malden and is hereinafter referred to as the “Defendant”. His Massachusetts criminal justice troubles have already gone from bad to worse.

First came an unfortunate bus ride he allegedly took on the night of October 13th. According to the Commonwealth, the Defendant did not have enough money on his Charlie Card. Whatever the reason, the Defendant is said to have assaulted the MBTA bus driver. The bus, in motion, then crashed into a legally parked car near 946 Broadway Street.

The chain reaction involved two other vehicles according to authorities.

October 24, 2013

DANVERS JUVENILE IS CHARGED WITH THE MURDER OF HIGH SCHOOL TEACHER

by Samuel Goldberg

If you were around Danvers Wednesday morning, you knew there was something very wrong. Schools were closed and all that was said was that there was a murder investigation taking place.

It turned out that the investigation was into the murder of 24-year-old math teacher Colleen Ritzer (hereinafter, the “Deceased”). Her body was found just after midnight in the woods near Danvers High School. Inside the school, in a second-floor bathroom, blood was found.

Soon, 14-year-old freshman Philip Chism (hereinafter, the “Defendant”) would be charged with her murder.

October 23, 2013

HAMPSHIRE SUPERIOR COURT MURDER TRIAL IS DELAYED TO EVALUATE DEFENDANT’S COMPETENCY TO BE HIS OWN LAWYER

by Samuel Goldberg

Sometimes, it is all in how you define the word.

Ryan Welch, 38, of East Hampton, is hereinafter referred to as the “Defendant”. He also stands accused of the Massachusetts murder of his girlfriend. His trial in Hampshire Superior Court was set to begin on Monday.

It didn’t.

October 15, 2013

MASSACHUSETTS STATE TROOPER FACES GUN-RELATED AND OUI CHARGES IN PLYMOUTH AS RESULT OF FATAL CRASH

by Samuel Goldberg

John J. Basler, 25 years of age, was working as a state trooper. Today, he is the “Defendant”. He is facing criminal charges in Plymouth for Massachusetts drunk driving. No, not ONLY for drunk driving. You see, he allegedly killed two people.

On September 22nd, the Defendant was involved in a two-car crash that killed a 64-year-old mother and her 23-year-old daughter. Last week, was arraigned in Plymouth District Court.

As one would expect, the Defendant has been suspended without pay from the department, which he joined last year. He is currently charged with operating a vehicle under the influence of alcohol and carrying a firearm under the influence of alcohol. One would expect that the vehicular homicide counts will be coming shortly. In the meantime, however, the Commonwealth agreed for him to be released on his own recognizance.

October 14, 2013

HAVERHILL VOICE TEACHER FACES MASSACHUSETTS RAPE CHARGES FOR IMPREGNATING TEENAGER

by Samuel Goldberg

32-year-old Joshua Garsteck, a voice coach from Haverhill, and hereinafter the “Defendant”, is now facing Massachusetts rape charges. How he got behind bars is an interesting story.

Prosecutors say an investigation began in May after police were notified by the state Department of Children and Families that the girl was several months pregnant. DCF suspected the Defendant.

When police spoke with the girl, she denied having a relationship with the Defendant and instead pointed to someone she said she had met online who was her own age.

October 9, 2013

A BOSTON CRIMINAL LAWYER FINISHES HIS DISCUSSION OF SEARCH AND SEIZURE ISSUES

by Samuel Goldberg

We have been discussing search and seizure cases and issues. Yesterday, we discussed the necessity of an expectation of privacy in order for the rules against unreasonable search and seizure to be applied.

This was the central issue in a case we discussed last week in which a federal officer left federal property to investigate a driver. The court found that the federal officer did not violate any expectation of privacy simply because he left federal property.

It is worth noting, by the way, that different places in which there is an expectation of privacy differ in the level of that expectation. For example, your automobile has less of an expectation of privacy than your home. The backseat of your car, clearly visible to the outside world, has less of an expectation then your trunk.

October 8, 2013

WINTHROP AUXILIARY POLICE OFFICER FACES FEDERAL CRIMINAL CHARGES FOR DRUG TRAFFICKING

by Samuel Goldberg

Winthrop Auxiliary Police Officer Bledar Naco (hereinafter, the “Defendant”) is now facing federal criminal charges for drug trafficking. He was arrested late last week and stands accused of dealing drugs out of his cruiser, in uniform and with his police-issued gun right by his side. The arrest was orchestrated by the FBI and police officers from Winthrop and Revere.

It was the result of a six-month joint investigation between federal and state officials.

The Defendant was arraigned in Federal District Court on Friday and is held pending a Detention Hearing at Federal Court.