Boston Criminal Defense Lawyer Blog

According to The Lowell Sun, nineteen year old Brianna Cameron from Lowell Massachusetts was arrested after her boyfriend, twenty-one year old Zachary Ramsdell, told police that she stabbed him. The Police indicated that Cameron allegedly stabbed Ramsdell with a kitchen knife during an argument. Ramsdell was transported to Saints Medical Center in Lowell Massachusetts. Apparently, he suffered a cut to the left side of his torso and scratches on his neck and back. It is not believed that the injuries were life threatening.

Cameron was arraigned in the Lowell District Court and charged with assault and battery by means of a dangerous weapon. If the case remains in the Lowell District Court the potential penalty that Cameron will face is up to two and one half years in jail.

Based on the facts of this case, one possible defense that Camerson may assert is that she acted in self-defense. Although Cameron apparently did not have any visible signs of physical injury, that is not the only factor to be examined when this type of defense is asserted. In order to establish that an individual appropriately acted in self defense, the defendant must have reasonably believed that he or she was being attacked or was immediately about to be attacked, and that his or her personal safety was in immediate danger. He or she must also have done everything that was reasonable in the circumstances to avoid physical combat before resorting to force. Finally, for the defendant to have acted in self-defense, he must have used no more force than was reasonably necessary in the circumstances to defend himself or herself. Furthermore, in addition to the fact that the government must prove the elements of assault and battery by means of a dangerous weapon beyond a reasonable doubt, it must also prove beyond a reasonable doubt that the defendant did not act in self defense. The fact that the defendant did not have any physical injuries is not dispositive of whether he or she acted in self defense.

Continue reading " Lowell Massachusetts Woman Arrested For Allegedly Stabbing Her Boyfriend " »

Last week Lawrence, Massachusetts police were out looking for a 1990 Toyota Camry wagon. Lawrence officers had received information from Haverhill police that the two men in that vehicle may have been involved in the stabbing and assault of two Newburyport men earlier that same evening. Officers spotted the vehicle and found Joel Sabino and Angel Hernandez in the car with a pound and a half of marijuana. Both were immediately arrested and charged with possession of class D with the intent to distribute the substance and a school zone violation. Also found was a kitchen in Hernandez's possession. It was reported that the knife might have been the weapon used in the stabbing. Apparently Sabino had been arrested one week earlier on unrelated charges. Both Sabino and Hernandez tried to avoid apprehension when stopped by running. They were unsuccessful.

Read Story: Stabbing Incident Leads To Arrest, Drug Charges Of Two Lawrence Men

No charges relative to the stabbing have yet been filed. If charges do issue they will likely be either assault and battery by means of a dangerous weapon, assault with intent to murder or both. Both of these crimes are felonies and carry a maximum sentence of ten years in state prison. Assault with intent to murder in Massachusetts is controlled by G.L. c. 265 Section 15. Assault and battery by means of a dangerous weapon is prohibited by G.L. c. 265 Section 15A. If charged, these cases will be prosecuted in the Haverhill District Court. The drug charges are likely being prosecuted in the Lawrence District Court.

Continue reading " Lawrence Massachusetts Men Arrested On Drug Charges May Have Stabbed Haverhill Man Earlier " »

Richard Jones of Marblehead, Massachusetts is a janitor at an elementary school in that town. He now stands indicted on four counts of rape of a child with force and four counts of indecent assault and battery on a person under the age of fourteen. According to reports, two of the victims were from Marblehead and one of the victims was from Peabody. They complained that Jones touched them inappropriately, forced them to perform oral sex on him and digitally penetrated them. The allegations pertaining to the Peabody girl stem from incidents alleged to have occurred between 1982 and 1986. The allegations pertaining to the other victims are more recent, ending in 2007. This case will be prosecuted in the Essex County Superior Court in Salem.

Read Article: Child Rape Charges Issue For Marblehead Man

Rape of a child with force is a crime under G.L. c. 265 Section 22A. The law states that anyone who has forcible sex with a person under the age of sixteen can be punished in state prison for up to life. A conviction for a second offense under this statute carries a minimum mandatory five year state prison sentence. The indecent assault and battery charge is governed by G.L. c. 265 Section 13B. There is a ten year state prison sentence authorized by this statute.

The very nature of these cases makes them difficult to defend. The natural reaction for someone reading about charges is "Why would anyone make up a story like this". There are countless answers to this question making it imperative that you hire the right Massachusetts Sex Crimes Defense Lawyer to defend you if you are charged with one of these crimes.

Continue reading " Massachusetts Man Indicted For Rape Of A Child " »

The Malden Observer reported Jon D'Orlando, a Department of Conservation and Recreation Ranger assigned to the Massachusetts State House was arrested and charged with possession of a Class B substance (Cocaine and Suboxone) and conspiracy to violate drug laws. It is alleged that D'Oralndo received the product from Luis Villa-Posada, of Winthrop Massachusetts. Villa-Posada, was also arrested following the alleged drug deal and charged with trafficking in cocaine, conspiracy to violate the drug law, and drug violation near a school or park. Both men were released after posting bail.

According to reports police officers were assembled to execute a search warrant in Malden Massachusetts and saw D’Orlando enter the passenger side of car driven by Villa-Posado. After traveling a short distance the car stopped and D'Orlando left the car and drove away in his own vehicle. When D'Orlando got out of his car the police saw him drop a bag that they believe contained cocaine.

In order for the Commonwealth to prove that a person is in possession of an object, it must demonstrate that the individual had knowledge of the substance and had power, ability and control over it. If an item is found on an individual it is ordinarily easier for the District Attorney to meet its burden. However, if the contraband is found in an apartment, house, car, jacket or other location the government's job is more difficult. In the event that the object is not found actually on the defendant's person the Commonwealth must prove "constructive" as opposed to "actual" possession of it.

Continue reading " Malden Massachusetts Man Charged With Possession of Controlled Substances " »

According to The Lowell Sun, Eric Sideri, owner of Angela's Coal Fired Pizza in Tyngsboro Massachusetts, is being held without bail after his arraignment in Lowell District Court. Sideri is charged with kidnapping and beating up a manager, Oliveira, whom he suspected stole $20,000 from the business. According to reports, after the restaurant closed on Saturday night, Sideri cornered Oliveira beating him up with a baseball bat and a stick. Sideri allegedly stuck a large gun in the manager's mouth and threatened to kill him if he did not answer questions about the missing money.

According to prosecutors, Oliveira claimed that he was taken to the restaurant's back door and shown "a white SUV with its tailgate open and blue tarp covered with trash bags inside." Sideri then allegedly told him, "I will kill you and nobody will know."

The defendant's attorney painted a much different picture of the events. The defendant claims that a confrontation occurred after Sideri confronted Oliveira about the missing money. Sideri claims that he acted in self-defense during the incident and that Oliveira fabricated the kidnapping and beating story to offset any charges that Sideri would file against him.

Following bail arguments by both sides District Court Judge Michael Uhlarik ordered that Sideri be held without bail. Sideri returns to the Lowell District Court on Thursday when a "dangerousness hearing" will take place.

Continue reading " Tyngsboro Restaurant Owner Facing Charges of Kindnapping and Assaut and Battery Ordered Held Without Bail In Lowell Massachusetts District Court " »

In Commonwealth v.Gomes the Massachusetts Supreme Judicial Court held that a probationary condition requiring that the defendant submit to random testing relative to the use of drugs and alcohol was improper. On appeal, the defendant challenged the probationary condition that he submit to random drug and alcohol testing. He did not challenge the condition that he abstain from alcohol and drugs. The defendant was on probation as part of a sentence stemming from convictions for various firearm offenses. Although the defendant was under twenty-one years old at the time of his conviction, there was no indication that he had ever used drugs or alcohol and he had no criminal history that related to illegal drug or alcohol use. Furthermore, the use of drugs or alcohol were not implicated in the offense.

Massachusetts General Laws c. 276, § 87 permits a trial court to "place on probation ... any person before it charged with an offense or a crime for such time and upon such conditions as it deems proper ..." The primary goals of probation are rehabilitation of the probationer and protection of the public. Massachusetts Courts have recognized that the goals of probation are best served if the conditions of probation are tailored to address the particular characteristics of the defendant and the crime.

Relative to the requirement that an individual submit to random drug and alcohol testing, Massachusetts Courts recognize that random drug and alcohol testing constitutes a search and seizure for constitutional purposes under Article Fourteen of the Massachusetts Declaration of Rights. Accordingly, the condition must be reasonably related to legitimate probationary goals in order to withstand constitutional scrutiny. In this case, the court found that an impermissible probationary condition was similar to an illegal sentence. Unless the Commonwealth can demonstrate that random testing was reasonably related to recognized probationary goals for this particular defendant, the impermissible probationary condition will be struck.

In local Massachusetts District Courts such as Newburyport, Peabody, Lowell and Lawrence many defendants do not go to jail as a result of the conviction. Often a defendant finds himself facing prison because he had violated a term of probation and the probation officer moves to surrender him. One possible outcome of this type of hearing is that the individual's probation is terminated and a committed sentence is imposed. It is imperative that you have an experienced Massachusetts trial attorney representing you during a sentencing hearing to ensure that any imposed conditions are reasonably related to the conviction. This will often avoid a surrender hearing ftriggered from impractical and often unconstitutional conditions of probation.

Continue reading " Massachusetts Supreme Judicial Court Holds That Conditions Of Probation Must Be Reasonably Related To Offense " »

According to Times OnLine, Kanye West has been charged with a number of misdemeanor offenses as a result of his altercation with the paparazzi this past September at the Los Angeles International Airport. West's road manager was also charged with the same offenses. According to reports, the confrontation between the West camp and the paparazzi was recorded on tape by the popular gossip website TMZ.com. It is alleged that the video depicts West and his manager attempting to wrestle the camera from the photographers taking pictures. The pair apparently face charges for assault, theft and vandalism.

In Massachusetts, an indivdiual charged with a misdemeanor count of assault and battery could face up to two years in jail. In this state, theft is usually referred to as larceny. In order for the prosecutor to prove assault and battery he must prove that a person intentionally touched another person without that person's consent. Another, less utilized theory, requires that a Massachusetts District Attorney prove that the defendant acted negligently and that harm or injuries were suffered as a result of the defendant's actions.

Continue reading " Kanye West Charged With Misdemeanor Battery, Vandalism and Destruction of Property " »

According to The Lawrence Eagle Tribune Ed Manzi, 47, of 125 Windkist Farm Road North Andover Massachusetts was arrested and charged with attempted murder, assault and battery, possession of a firearm, malicious destruction of property, intimidation of a witness and related offenses as a result of an incident with his girlfriend, Catherine Lambert. Manzi teaches in Tewksbury Massachusetts and has been suspended from his position without pay as a result of these charges.

Before the altercation the pair and their baby were at Ipswich River Park when Manzi drove off without them. Manzi's attorney, Anthony Rozzi of Haverhill Massachusetts, maintained that Manzi left the park because Patricia was drinking alcohol in the park. According to the Tribune, when Lambert was packing Manzi's clothes in a basket he punched her in the face and then struck her in the head with a computer speaker and monitor. She ran to get her mother, Patricia Lambert, who was outside riding a horse.

According to court documents, Patricia Lambert reported that when she asked Manzi to give her the baby he punched her in the face knocking her to the floor. When she stood up, Manzi allegedly took a semi-automatic pistol from her pocket and hit her on the head with it. While hitting her, a live round ejected from the gun. Lambert claims that Manzi hit her on the head and pulled the trigger numerous times. After the gun misfired, Manzi left the area and discarded the gun on Boston Street.

The defense paints a much different picture of the incident. Attorney Rozzi claims that the defendant acted in self-defense. Rozzi maintains that Manzi client was upset because Catherine Lambert was allegedly drinking alcohol at the park. According to the Tribune, Rozzi said there was some pushing and shoving at the couple's apartment, but Catherine fell over their computer table and which caused her injuries.

Following the hearing the defendant was held without bail pending the outcome of a "dangerousness hearing" scheduled for March 23, 2009. During a dangerousness hearing the District Attorney's Office is expected to present evidence that Manzi poses a threat to the community and should be held without bail until the case is resolved. Based on the facts of this case, it appears that the defendant will begin to mount its claim of self-defense.

When an individual is charged with assault and battery, assault and battery by means of a dangerous weapon or any other violent offense, self-defense is often a viable claim. In Massachusetts, in order to receive a jury instruction on self-defense the facts must indicate that the defendant must have reasonably believed that he or she was immediately about to be attacked or that his or her personal safety was in immediate danger. The individual must also have done everything that would be considered reasonable to avoid physical combat before resorting to force and must use no more force that was reasonably necessary in the circumstance to defend himself or herself. If self-defense is properly asserted during the trial, the instruction will also indicate that the District Attorney must prove beyond a reasonable doubt that the defendant did not act in self-defense

Continue reading " North Andover Massachusetts Man Accused of Domestic Violence Asserts Self-Defense " »

According to the Lawrence Eagle Tribune, a North Andover man was arrested and charged with attempted murder, assault and battery with a dangerous weapon, assault and battery on a household member and illegal possession of a handgun. According to the paper, the defendant allegedly beat up his live in girlfriend then attempted to shoot her mother when she tried to protect her. It is also alleged that the defendant pointed a gun at the woman's mother however, the gun did not fire. It was reported that the police found a loaded semi-automatic weapon within blocks of the incident.

The woman was treated at the Lawrence General Hospital, located in Lawrence Massachusetts, for injuries as a result of the beating. She obtained a restraining order from the police. The defendant was arrested on a fugitive from justice warrant in New Hampshire.

If you have been the defendant in a restraining order it is important that you know your rights. The complaining witness must demonstrate to the judge that he or she has reasonable apprehension of immediate physical harm. The fear or apprehension must be reasonable and also must be rimminent. Initially, a temporary restraining order usually issues. The defendant is supposed to be served with a copy of the order and generally there is a court hearing within one week. If the defendant does not appear and the complainant requests a continuance of the order, the order is routinely extended. The order can be extended for up to one year at a time. Upon expiration of the order the complainant can request that it be continued, however the defendant has a right to be present.

If an individual is the recipient of a restraining order in Massachusetts, it is important that he or she reads all of the conditions. For example, some of the orders simply order that the defendant not "abuse" the complainant. Other conditions may provide that the defendant "stay away" from the complainant and sometimes children.

Continue reading " North Andover Man Charged With Attempted Murder In a Crime of Domestic Violence " »

There was not a dry eye in the audience when a Norfolk County Jury convicted Ryan Bois for the death of a six year old Weymouth girl. According to the Boston Globe, in a courtroom filled with emotion, Judge Janet Sanders told a packed courtroom that this was the "worst she has seen in her fourteen years a a judge" before she imposed four life term sentences. Bois was convicted for the rape, murder and kidnapping of his six year old cousin, Joanna Mullin. According to news reports, the trial lasted six days and the jury deliberated for 8 hours before convicting Bois of first-degree murder, two counts of rape, home invasion, kidnapping, larceny of a motor vehicle, larceny under $250, malicious destruction of property under $250, failure to stop for a police officer and negligent operation of a motor vehicle.

During the trial the defense maintained that Bois, 22 years old, was not guilty by reason of insanity. According to the Boston Globe, the Norfolk County prosecutor countered claiming that Bois's action were calculated when he raped his young cousin, wrapped her body in bed sheets and a quilt, stole keys to his grandmother's sport utility vehicle, and put the body in the back seat. The prosecutor presented evidence indicating that after committing this horrific crime, Bois called an acquaintance to get some drugs and during this conversation asked the acquaintance how to dispose of a body.

Understandably unable to listen to the details that led up to their daughter's death Mullins parents stayed away during the trial. However, many relatives and friends attended the trial at the Norfolk Superior Court located in Dedham, Massachusetts. After the jury returned the guilty verdict the prosecutor read the victim impact statement that Joanna's parents prepared.

Joanna's aunt, informed the convicted murderer that, ". . . we did nothing but try to help you get your life together because you were family. . . There will never be an explanation that will mend the hole in our hearts. And in our minds, this is truly the ultimate betrayal. Our beautiful, perfect daughter should still be here today. Because of you, she is not."

There are a number of theories that a prosecutor can present to a jury to secure a verdict for first degree murder. The most common theory is that a person commited a killing with deliberate premeditation with malice aforethought. To sustain a verdict under this theory the government must prove that the act of killing was the result of deliberate planning. It is not necessary that the prosecutor demonstrate that the killer had an elaborate plan, the deliberation can take a few hours, minutes or seconds. It is the deliberative process, no matter how long or short, that is forbidden.

Depending on the facts of a case, an experienced defense attorney can mount a successful defense of self-defense, defense of another or prove that the defendant was not the individual that committed the crime and it is a case of misidentification.

Continue reading " Norfolk County Jury Convicts Ryan Bois Of First Degree Murder And Related Charges " »

According to The Lawrence Eagle Tribune, thieves recently broke into a chursh in Lawrence, Massachusetts. The thief stole checks and other items from a safe box. A church representative stated that she noticed the safe had been pried open when she went to deposit money from a recent offering. In an unusual twist, it appears that there were no signs of forced entry.

In order for the government to prove the crime of breaking and entering in the nighttime with intent to commit a felony they must prove that an individual broke into a car/building belonging to another person; that the person entered the car/building; that the person did it with an intent to commit a felony in the car/building and that these actions were committed during the nighttime. See, M.G.L.A. 266 § 16. The felony that is often relied on by the prosecution is that the defendant intended to commit a larceny i.e., steal something when inside of the car/building.

There are also lesser included offenses of this crime that include breaking and entering with intent to commit a misdemeanor i.e., trespass. The difference between a felony and a misdemeanor is the potential sentence that can be imposed following conviction. A conviction for a misdemeanor carries the potential for a commited sentence in a jail or house of correction. If convicted for a felony, an individual can be sentence to state prison.

A successful defense is often mounted to establish that the prosecutor failed to establish that there was an actual breaking and that the defendant did not have the required intent to commit a felony to sustain a convciton.

Continue reading " LAWRENCE MASSACHUSETTS CHURCH TARGET OF RECENT BREAKING AND ENTERING " »

A two count felony complaint issued charging rhythm and blues singer Chris Brown with assault and criminal threats on a person referred to as "Robyn F." "Robyn F." is believed to be fellow singer and girlfriend Rihanna. According to news reports, Brown briefly appeared in a Los Angeles Court House and the arraignment was postponed until April 6, 2009. It has been reported that an affidavit has been filed indicating that Brown repeatedly puncehd "Robyn F." and that during the altercation her mouth filled up with blood that spilled over into the car. Many sources reported that the physical altercation took place after Rihanna read a text message from a former girlfriend on Brown's phone. Although Rihanna was not in court it was reported that she did not want a restraining order to issue that would prevent Brown from contacting her.

As a result of the incident Rihanna apparently received serious injuries including bruises to her face. Rumors have been circulating that the couple may have recently become married. In Massachusetts one spouse cannot be forced to testfiy against another spouse. This is commonly referred to as the marital privilege. The privilege belongs to the witness and not the defendant. Therefore, if the victim wants to testify he or she can waive the privilege and the Commonwealth can call him or her to testify at trial. Furthermore, even if a witness invokes the marital privilege if there is other evidence that the state can present during a trial the case can still go forward.

In Massachusetts, cases involving domestic violence often are prosecuted without the cooperation of the alleged victim. The prosecution may collect evidence from other sources. For example, if a search warrant was executed, evidence [such as bloody clothing or in some cases weapon(s)] may have been collected to support the government's case. Also, the 911 tape may provide some evidence that the prosecution can use.

In Massachusetts, the use of the information on the 911 tape is not always admissible because the defendant has a right to confront witnesses. However, in certain situations the Massachusetts Courts have held that the state can use the tape. If you are facing criminal charges and the prosecution is attempting to use a 911 tape it is imperative that you contact an experience Massachusetts defense attorney to move to have the tape excluded from evidence. The exclusion of this evidence often destroys the Commonwealth's case and results in an acquittal or a dismissal.

Continue reading " Chris Brown Formally Charged With Two Felonies " »

According to the Lawrence Eagle Tribune, a fifty six year old North Andover resident Craig Bogosian was arraigned in the Lawrence District Court and charged with larceny by a single scheme of over one million dollars. It is alleged that Bogosian accepted millions from a friend and business associate, also from North Andover, under the guise of expanding his business which sold promotional items to companies that printed the company's name or logo on shirts, hats and pens. The North Andover Police Department believes that Bogosian's former friend is out $1.3 million and the police do not know what Bogosian did with the money. According to the Tribune, the funds wired to Bogosian from his former associates company were to be used to finance an expansion of Bogosian's company. The transferred funds were never used for the business and Bogosian landed himself in the Lawrence District Court answering to these charges.

A person convicted of the felony charge of larceny by scheme faces up to five years in state prison or two years in jail. In Massachusetts, larceny is defined as the unlawful stealing of the personal property of another with the intent to deprive the person of the property permanently. See, M.G.L.A. 266 § 30. Conviction of larceny by false pretenses requires proof that: (1) the defendant knowingly made a false statement of fact; (2) defendant intended that the person to whom the false statement was made would rely on its truth, (3) such person did rely upon the false statement, and (4) person parted with personal property based upon such reliance. Here the government is alleging that Bogosian improperly told his colleague that monies he provided would be used for business purposes and the colleague relied on this representation and provided the cash. However, it is alleged that the funds were not used for the proper purpose and the victim is out over one million dollars. What Bogosian did with the monies apparently remains a mystery. Bogosian is currently scheduled to return to court on April 10, 2009.

Continue reading " North Andover Man Accused Of Larceny Of Over One Million Dollars " »