Boston Criminal Defense Lawyer Blog

The Lowell Sun reports that forty-eight year old David Aguilar of Lowell has been arrested and charged with robbery in connection with a break in at the Top Donut Shop on Bridge Street. Police officers responded to the local shop after a report that an unarmed man had robbed the store. The authorities received information that the suspect was heading to a local convenience store following the theft. Aguilar was arrested and charged with one count of unarmed robbery.

In Massachusetts, the charge of unarmed robbery must be litigated in the Superior Court because it is a felony. A felony is any charge in which a potential penalty is a sentence to state prison. In the event that the District Attorney's Office decided to keep the case in district court the defendant may be charged with a misdemeanor crime such as breaking and entering in the the nighttime. However, the District Attorney's office has the final say on what charges a defendant will face.

Based on the facts in this case it appears that attacking the identification of the defendant may be a viable area for the defense to pursue. Any time that a suspect is not apprehended at the scene of an incident attacking the identification procedure is always a fertile area for the defense. In these types of cases, filing appropriate pre-trial motions for disclosure of identification procedures are critical.

Continue reading " Lowell Massachusetts Man Faces Robbery Charges In The Lowell District Court " »

It was a bad day for seventy-one year old Edward Holden of Middleton when he was arrested and charged with a second offense of drunk driving in the Salem District Court. According to The Salem News, a Middleton police officer spotted Holden driving his PT Cruiser down a one way street the wrong way forcing other cars to swerve out of his way. According to reports, he was driving home after he was turned away from a package store. This past summer Holden was arrested and charged with his first offense of drunk driving after being involved in a head on collision while travelling the wrong way on Route 114.

The Essex County District Attorney's Office moved to have Holden held without bail because he violated a term of pre-trial probation on his previous arrest by driving. A Salem District Court Judge denied this request but imposed $5,000.00 cash bail. Holden will be held in the Middleton Jail until he posts bail. He is due in court later this month for a pre-trial conference.

In Massachusetts, in order for the Commonwealth to prove that a defendant was drunk driving they must show that the person was driving a motor vehicle, on a public way and was under the influence. A commonly litigated issue is whether the defendant was under the influence. In order to prove this the District Attorney's Office often relies on the observations of the police officers, the field sobriety tests, a breathalyzer (if any) and any statements of the defendant.
In order to counter the testimony of the officers, a good strategy is to emphasize all of the defendant's behavior that is consistent with sobriety. For example, illustrating that the defendant had not problem producing his or her license, no problem getting out of the car and could follow directions are fertile areas of cross examination.

Continue reading " Elderly Middleton Massachusetts Man Faces Second Drunk Driving Charge In Salem District Court " »

A Salem Massachusetts teenager is being held in the Essex County jail where he will remain for up to ninety days without the possibility of being released on bail, following a "dangerousness hearing" in the Salem Superior Court. According to The Salem News, eighteen year old Michael Ehlert was held following testimony from a seventeen year old special needs student who described what the judge called a "fairly vicious beating." According to the paper, Judge John Lu stated that he believed that it is "reasonable" to believe that Ehlert might follow through on his threat to slit the throat of the complaining witness and have his mother sexually assaulted if he is released. Testimony of this alleged intimidation was a factor Lu relied on in concluding that there were no terms of release that would protect the safety of the boy, his mother or the public at large.

The witness testified that after he left his house to buy cigarettes at the store, Ehlert and a co-defendant dragged him into a Marblehead cemetery and beat him. Defense counsel highlighted inconsistencies between the teenager's initial statement to the police and his "official" version given nine days after the incident. Despite pressing by counsel, the witness maintained that the relationship between Ehlert and himself was limited to interaction at the town's skateboard park with mutual friends. Ehlert and eighteen year old Michael "Tampa" Leoni are facing charges that include robbery, assault and battery, and witness intimidation. Ehlert's twenty-two year old brother is facing a charge of witness intimidation. It is alleged that the made phone calls to the witness following Michael Ehlert's arrest.

Based on the facts in this case it appears that a thorough pre-trial investigation must be conducted to determine the motive for the complaining witness to change his story. Massachusetts General Laws 268 § 13B states that the crime of witness intimidation requires proof that (1) an individual was a witness in a stage of a criminal proceeding, and that the defendant (2) willfully endeavored or tried to influence the witness, (3) did so by means of intimidation, force, or threats of force, or the offering of inducements, and (4) did so with the specific intent of influencing the witness. Based on Massachusetts case law, it is not necessary that charges be lodged at the time of any alleged intimidation. "Any stage of a criminal proceeding" may encompass actions committed by a defendant before the police was called or the alleged crime was reported. For example, the authorities often charge a defendant with "intimidation of a witness" when a complainant alleges that the defendant took his or her phone in an effort to prevent the reporting of a crime.

Continue reading " Essex County Superior Court Judge Holds Marblehead Teenager Without Bail Following "Dangerousness Hearing" " »