Boston Criminal Defense Lawyer Blog

The Salem News reports that nineteen year old Marshall Glover has been charged with stealing a woman's purse from the Salem courthouse. According to reports, after passing through the metal detector the security guard informed the woman that she could not take her cell phone into the courthouse. The forgetful visitor left her purse in the bin and departed to find a safe place for her phone. Another court visitor, who was currently on probation, placed his coat over the handbag and scooped it up after it passed through the X-Ray machine. Glover was not only charged with stealing the purse but he also faces a probation surrender hearing. It has been reported that Glover will spend approximately one month in jail without the possibility of posting bail until his next court date.

In Massachusetts, in order to prove larceny the government must prove that Glover intentionally took the purse with the intent to permanently keep it. Although the facts of this case are not all known, a viable defense in these circumstances may be that Glover accidentally picked up the purse when he picked up his jacket. If convicted of larceny in the district court a defendant can face up to two and one half years in jail.

Here, the defendant also faces a probation surrender. At a probation revocation hearing the formal rules of evidence do not apply. The standard that the probation department must meet to establish a preliminary violation in Massachusetts is probable cause: the standard at the final surrender hearing is preponderance of the evidence. The rules of admissibility at a probation hearing are less stringent than the rules of evidence at trial. For example, at a probation hearing hearsay may be admissible if it has "indicia of reliability." However, if a probation revocation hearing is based entirely on hearsay evidence of criminal conduct, the judge should place on the record a reasoned statement indicating the reliability of the hearsay evidence and a finding of good cause for the Commonwealth not producing a witness with personal knowledge of the violation. If a judge finds that a defendant has violated the terms of his probation, he or she can generally be sentenced up to the maximum number of years provided by the statute.

Continue reading " Salem Massachusetts Man Charged With Stealing Purse From Courthouse Faces A Probation Surrender Hearing And New Criminal Charges " »

The Lowell Sun reports that, Lizette Crowley, a technology teacher at the Morey Elementary School has been charged with assault by means of a dangerous weapon. The paper reports that the forty year old woman allegedly intervened in a family fight between her husband and his brother, Christopher Crowley, who were in a heated argument. Christopher Crowley was reportedly holding his twenty two month old son at the time of the incident. The teacher plead not guilty in the Lowell District Court and she was released on personal recognizance.

Although all of the facts are not known at this time, in these types of situations a defendant may have a viable claim of self defense or a claim of defense of another. In Massachusetts, a person is allowed to use reasonable force in self-defense when this is necessary to protect herself from physical harm. And therefore it is not a crime to strike at another person if this is done in reasonable self-defense. Similarly, an person can also use reasonable force to protect another from physical harm.

In Massachusetts, in addition to proving the elements of the crime beyond a reasonable doubt, the Commonwealth must also prove beyond a reasonable doubt that the defendant was not acting in self defense. In order to prevail the government must prove that one or more of the following three requirements are absent:

First: For the defendant to have acted in self-defense, she must have reasonably believed that she was being attacked or was immediately about to be attacked, and that her personal safety was in immediate danger; and

Second: For the defendant to have acted in self-defense, she must have done everything that was reasonable in the circumstances to avoid physical combat before resorting to force;

Third: For the defendant to have acted in self-defense, she must have used no more force than was reasonably necessary in the circumstances to defend herself.

When a case involves a fight between family members it is often categorized as a case of domestic violence. Often, the prosecutor and the police recommend that the alleged victim obtain a restraining order. If you have been served with a restraining order you should contact an attorney to try to prevent the extension of the order. Although a restraining order is a civil order, if the complainant reports a violation you can be charged with a criminal offense.

Continue reading " Lowell Massachusetts Elementary School Teacher Charged With Assault By Means Of A Dangerous Weapon " »

According to The Lowell Sun, police responded to a report of domestic violence and encountered a "possibly suicidal woman" threatening to use a weapon against them. Apparently, concerned for their safety, a Chelmsford Police Officer shot her in the leg after she "demonstrated actions" that caused the officer to believe that he was in peril. The Sun reports that the police repeatedly asked her to come out of the woods with her hands up and she allegedly responded that she had a gun and was going to shoot the officers.

In Massachsuetts, initial repsonse to domestic violence calls often result in an arrest of one party that is often charged with assault, assault and battery and threats to commit a crime. The complaining party is also usually informed of his or her right to apply for a temporary restraining order. In order for a judge to approve a temporary restraining order the complaining party must present facts that demonstrte that he or she is in reasonable fear of imminent physical harm. Usually, only the side of the person requesting the order is presented to the judge.

However, after the defendant is served with a copy of the order, there is a hearing relative to the extension of the order that generally takes place within a week or so. At this time, the defendant can appear in court and fight the extension of the order. It is important to have an experienced Massachusetts defense attorney on your side to argue against the extension of this order. Although a restraining order itself is civil, if you are accused of violationg a restraining order you could face the possibibility of spending time in jail.

Continue reading " Chelmsford Police Responding To Domestic Incident Shoot Woman In The Leg " »

A local defense attorney, Robert LeBlanc of Methuen, pleaded not guilty a charge that he committed an assault and battery on another attorney in the lobby of the Lawrence District Court. According to The Lawrence Eagle Tribune, a district court judge ordered LeBlanc to refrain from "avoidable and intentional" contact with a fellow female attorney. LeBlanc is accused of "bearhugging" the attorney on November 18, 2008, almost one year ago. The complaint issued following a clerk's hearing.

The Massachusetts Courts have held that assault and battery is the intentional and unjustified use of force upon the person of another, however slight, or the intentional doing of a wanton or grossly negligent act causing personal injury to another. See, M.G.L. 265 § 13A. If convicted for this offense, a defendant faces a maximum penalty of up to two and one half years in jail or imposition of a fine of up to $1,000.00.

Depending on the facts of the case, a defendant may claim that any touching was unintentional, that the complaining witness consented to the touching or any contact was in the course a defendant defending himself or herself or in defense of another. Recently, in Brighton District Court Attorney Kathleen McCarthy secured a not guilty verdict for a defendant in a case where the complaining witness, girlfriend, claimed that he struck her and their child. Attorney McCarthy successfully presented a self-defense case that resulted in an acquittal for the defendant.

Continue reading " Essex County Defense Attorney Faces Charges Of Assault And Battery In Woburn District Court " »

The Lowell Sun reported that a Middleton man, Haralambos Katsikis, pleaded not guilty in a Lowell courtroom to nine counts of indecent assault and battery on a person over fourteen years old. The complaining witnesses are five former waitresses or hostesses at Stelio's restaurant. The former employees claim that Katsikis made "sexualized-comments" and unwanted advances which ultimately led to their termination by firing or quitting.

In Massachusetts, indecent assault and battery is a felony. If a defendant is convicted for this offense he or she faces up to five years in state prison or two and one half years in jail. In order to secure a conviction for indecent assault and battery the government must prove beyond a reasonable doubt that the defendant committed an act that was fundamentally offensive to "contemporary moral values." Conduct that is indecent may consist of an unpermitted touching that society would regard as immodest and improper because of its sexual overtones, such as a touching of the breasts or genitalia. This offense requires the government to prove that the defendant possessed the specific intent to engage in the conduct.

If you have been charged with this type of offense it is imperative that you have an experienced Massachusetts defense attorney on your side. Ensuring that the correct jury instructions are requested, such as the necessity to charge on specific intent, can make the difference between a guilty verdict and a not guilty verdict. Furthermore, depending on the circumstances, convictions of this type can have collateral consequences of having to register as a sex offender.

Continue reading " Middleton Massachusetts Man Pleads Not Guilty To Sexual Assault In Lowell Court " »