Boston Criminal Defense Lawyer Blog

A phone call from a concerned neighbor reporting a domestic dispute led to an unidentified forty seven year old man being wheeled from the home on a stretcher with what police described as a "very deep stab wound." The Lowell Sun reports that late last evening the police were guarding the scene and waiting for word relative to the seriousness of the man's injuries. An unidentified woman was taken to the Lowell police station for questioning.

There are a variety of turns that this case could take. Although it appears that the man suffered serious injuries, the circumstances surrounding the stabbing must be thoroughly investigated. In the event that the woman in charged with a crime charges may stem from assault and battery with a dangerous weapon to assault with intent to murder. However, as of the publication of this article, it had not been determined that the woman was even the person that committed the stabbing.

When an arrest is made in a case of "domestic violence," the complaining witness is given information relative to applying for a restraining order. If issued a 209A restraining order usually requires that the defendant refrain from abusing the plaintiff and often times orders him or her to stay away from the plaintiff's residence and sometimes children. Although it is a civil order if the defendant is accused of violating the order criminal charges may issues. The standard for issuing an order is low. If you have been served with a temporary restraining it is important that you contact an attorney to explain your rights and what to expect at the next hearing. If you want an experienced Massachusetts domestic violence attorney on your side contact Attorney Kathleen M. McCarthy.

In cases with similar facts, a potential defense would be investigating whether the individual that used the knife was acting in self-defense or in defense of another. Another aspect of the case to be examined in the event that a suspect gave an incriminating statement would be to determine whether the statement was given freely and voluntarily with knowledge of his or her "Miranda Rights."

Continue reading " Lowell Massachusetts Man Stabbed In Domestic Violence Incident " »

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Sixty year old Chamroeun Theam of Lowell Massachusetts has been charged with operating a motor vehicle while under the influence of alcohol for a second time, failure to yield to a pedestrian in a crosswalk, operating to endanger, having defective equipment and failing to submit his motor vehicle for inspection. According to The Lowell Sun, the charges stem from an incident when a twenty-five year old mother attempted to cross Flethcer Street with her two and four year old children. Apparently not realizing that there were pedestrians in the cross walk, Theam failed to yield and struck the stroller. The accident was witnessed by a number of bystanders including Lowell police officers. The police and emergency personnel responded to the scene. Following a number of field sobriety tests Theam was arrested and charged with the above offenses.

The most serious of the offenses that Theam faces is driving while under the influence of alcohol, commonly referred to as "drunk driving." Since this it Theam's second offense, if he is found guilty he faces a mandatory minimum sentence. M.G.L.A. 90 § 24 provides that for a conviction of a second offense the defendant shall be punished by a fine of not less than six hundred nor more than ten thousand dollars and by imprisonment for not less than sixty days nor more than two and one-half years. Any sentence imposed shall not be reduced to less than thirty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served thirty days of such sentence. The Courts routinely allow a defendant to enter and complete a two week inpatient alcohol program in lieu of serving the thirty days in the house of correction.

In Massachusetts, the consequences for a conviction of driving under the influence of alcohol are significant. If you have been charged with drunk driving it is important that you have an experienced criminal lawyer on your side to ensure that all of your rights are protected. Areas of the case that must be examined are often whether the individual was "driving" in the legal sense; whether any operation took place on a "public way"' and whether the defendant was legally under the influence of alcohol. Understanding the law and the facts are critical to mounting a successful defense.

Continue reading " Lowell Massachusetts Man Faces OUI 2nd Charge After Striking Pedestrians Crossing The Street " »

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Angel Mejia, a Lawrence Police Detective, was arrested and charged with assault and battery on his sixteen year old daughter. According to The Lawrence Eagle Tribune, Mejia had a confrontation with his teenage daughter when he caught her attempting to sneak into the house at 5:45 a.m.. It is alleged that Mejia pushed his daughter onto the pavement, where she struck her face and suffered bruises and scrapes. It has been reported that the Detective also pushed her against the garage door and the refrigerator. This type of case is often categorized as a case of Domestic Violence and taken very seriously by prosecutors and the court system. Due to the fact that Mejia routinely works with prosecutors in the Lawrence District Court the case has been specially assigned to an Essex County Assistant District Attorney usually assigned to the Peabody District Court. The Detective was released and ordered to abide by any conditions ordered by the Department of Children and Family Services. Mejia is currently scheduled to return to court on December 21, 2009. The Tribune did not indicate whether the sixteen year sought a 209A restraining order against her father.

Based on the facts in this case, the defendant is likely charged with three counts of assault and battery by means of a dangerous weapon. If convicted for assault and battery by means of a dangerous weapon in Massachusetts, a defendant can be sentenced to up to two and one half years in jail on each count or up to ten years in state prison on each count. Here, the "dangerous weapons" would be the pavement, garage door and refrigerator. An object may qualify as “dangerous weapon,” within the meaning of statute either because it is dangerous per se, as an instrumentality designed and constructed to produce death or great bodily harm, or because it is used in dangerous fashion. Although a refrigerator, pavement or garage door are not "dangerous per se", if they are used in a "dangerous fashion" they may be considered a dangerous weapon in Massachusetts. Some examples of objects that have been found to be dangerous weapons in Massachusetts that would not ordinarily be one are: pavement, sneakers, rings and a lighted cigarettes.

Continue reading " Lawrence Police Officer Charged With Assault And Battery On His Teenage Daughter " »

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Posted In: Assault and Battery , Assault and Battery By Means Of A Dangerous Weapon , Domestic Assault and Battery , Restraining Order

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A car accident on Lafayette Street in Salem Massachusetts resulted in one of the two drivers being charge with operating under the influence of alcohol. According to The Salem News, thirty-eight year old Cheryl Wall will be summonsed to court to face charges of driving under the influence of alcohol causing serious bodily injury, driving to endanger, driving with a suspended license and driving to endanger. According to reports, the car that Wall was driving crossed lanes and crashed into a car coming in the other direction. The driver of that car was trapped inside and eventually extricated with the help of the Salem police department. He was taken to the Massachusetts General Hospital and was recently listed in good condition.

In order for the Commonwealth to prove operating under the influence it must prove beyond a reasonable doubt that a defendant was operating a motor vehicle while under the influence of alcohol on a public way. In Massachusetss, operation is not simply driving a car in the traditional sense. A person “operates a motor vehicle” within meaning of the law when he or she intentionally does any act or makes use of "any mechanical or electrical agency which alone or in sequence will set in motion the motive power of that vehicle." The Massachusetts Appeals Court has affirmed convictions in cases in which defendants were found in parked cars with the keys in the ignition and the engine running. The government is allowed to rely on circumstantial evidence to prove its case. Also, the prosecutor is required to prove that the driver was "under the influence" not that he or she was drunk. In order to prove public way the Commonwealth must prove that the operation took place on a way “to which the members of the public have access as invitees or licensees.” Shopping mall parking lots have been held to constitute a public way for purposes of the operating a motor vehicle while under the influence of alcohol statute.

If you have been charged with operating under the influence of alcohol or drugs you must have an experienced Boston attorney on your side to ensure that all of your rights are protected. Although a conviction for a first offense is a misdemeanor, it has serious consequences including license loss and a potential of two and one half years in jail. Also, if you are charged with a subsequent offense for operating under the influence, the potential penalties increase with each additional charge.

Continue reading " Swampscott Massachusetts Woman Charged With Operating Under The Influence Of Alcohol Following Car Accident In Salem " »

Posted by Kathleen M. McCarthy | Permalink | Email This Post

Posted In: OUI/DUI

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Many people applauded when the legislature "decriminalized" the offense of possession of marijuana that is one ounce or less. The new section changes possession of an ounce or less of marijuana from a criminal offense to a civil infraction and an offender receives a civil citation. For adults, this offense is now punishable by a $100.00 fine and forfeiture of the substance. However, if a person is under eighteen years old he or she must complete a drug awareness program. This program requires of a minimum of four hours classroom instruction or group discussion and ten hours of community service. A certificate of completion of the program must be filed with the Clerk of the local district court within one year of the offense or the offender may face higher fines and possibility a criminal charge. Furthermore, being charged with possession of marijuana can still be problematic and sometimes have legal consequences.

For example, it appears that many teenagers are looking at this offense as a "free pass" to smoke marijuana and drive -- it is not. If an individual is "high" and driving he or she can still face charges of driving under the influence of drugs. Furthermore, even if someone is in possession of an ounce or less of the substance admitting that he or she shared a "joint" with a friend or gave some of the product to another can result in being charged with distribution of marijuana. Informing the police that he or she intended to share the drug can result in charges of possession of marijuana with intent to distribute. In the event that a search is conducted and scales, baggies, a large amount of money, razor blades and/or mirrors [items often used to package contraband for distribution] are found when an ounce or less is involved, the police will likely charge those involved with possession with intent to distribute marijuana. Make no mistake about it -- these are serious criminal charges that carry the potential for jail sentences, license loss and have life altering consequences. If you are in the unfortunate position of being charged with distribution or intent to distribute marijuana within 1000 feet of a school zone you face the possibility of a mandatory minimum of two years in jail. Furthermore, if you are on probation and being drug tested, testing positive for marijuana may be a violation of your probation. Make sure you and your teenagers understand the pitfalls people have been facing by underestimating the teeth in this recent legislation.

Continue reading " Understanding The Pitfalls Of The New Marijuana Law " »

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Posted In: Drug Crimes , Search and Seizure

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The Lawrence Police reacted when a group of neighbors complained about the occupants of a gray Toyota Camry being involved in what they thought were "drug transactions." The Lawrence Tribune reports that as a result of a police surveillance and a tip from a citizen, four individuals were arrested and charged with drug offenses. The charges ranged from drug offenses including distribution of heroin, possession of heroin with intent to distribute to possession of cocaine and possession of marijuana.

If you face criminal drug charges it is important that you have an experienced Boston criminal lawyer on your side. Although all of the facts of this case are not known at this time, gathering all of the facts that led to the arrest of these defendants is essential to mount a complete defense. In the event that the police did not have reasonable suspicion to approach the defendants and/or probable cause to search the individuals or the car, the case could be dismissed. Whenever someone faces drug chares as the result of a search of his or her person or car, the appropriateness of filing a motion to suppress the evidence must be evaluated. In most situations, the facts are such that the filing of the motion is the exercise of effective assistance of counsel.

Filing a motion to suppress is one of many tools that a qualified criminal defense attorney has in her aresenal. If a client is charged with any type of offense where the Commonwealth must prove possession, arguing that the defendant did not have possession and control of the object or substance is often a viable defenese.

Continue reading " Concerned Citizen Prompts Lawrence Police To Conduct Drug Surveillance That Leads To Arrest Of Four Suspects Now Facing Drug Charges " »

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Posted In: Drug Crimes , Firearm Offenses

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Micahel Cipoletti of Salem Massachusetts pleaded not guilty to charges that he committed indecent assault and battery on a mentally disabled person and witness intimidation. According to The Salem News, the police have reported that Cipoletti earned the trust of a younger man and ultimately took him to his apartment where the sexual conduct allegedly took place. It has been reported that Cipoletti recently received a two year suspended sentence in Peabody District Court for sending child pornography to an individual that he believed was fourteen years old.

Based on these facts, Cipoletti faces the possibility of incarceration in both cases. Although all of the facts of the cases are not known at this time, when a probationer is charged with a new offense while on probation, he or she faces the possibility of a "surrender hearing" where the maximum sentence on the underlying case can be imposed. There a number of circumstances in which a probation officer may chose to surrender a probationer. For example, failing to report to the probation officer as ordered, failure to pay fines, failure to attend any meetings ordered by the court and picking up new charges while on probation are a few reasons that a probation officer would bring a case forward to court.

A defendant often pleads guilty because he or she receives a favorable disposition that does not involve incarceration. However, if you have been charged with a crime in Boston or surrounding areas including Lowell and Lawrence, it is important that you understand the significance of your actions if you chose to plead guilty or admit to sufficient facts. Generally, individuals are placed on probation when they plead guilty. However, that is not the end of the case. In the event that the probation officer feels that the person has not abided by the terms of probation the case is brought before a judge. In the event that the judge finds the defendant in violation of probation the defendant faces the possibility of being incarcerated for up to the maximum time allowed by the statute.

Continue reading " Salem Massachusetts Man Pleads Not Guilty To Assault Charges Likely To Face Probation Surrender In Peabody " »

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