Boston Criminal Defense Lawyer Blog

The Lawrence Eagle Tribune reports that twenty-one year old Hector Martes of Lawrence Massachusetts was rushed to the hospital after he was stabbed in his upper abdomen and rib cage. According to reports, Martes told hospital workers that while playing "beer pong" at his home he was stabbed after an argument erupted with his stepfather and brother. The police are still investigating the incident and Martes is listed in stable condition.

Although all of the facts are unknown at this time, it appears that one of the parties could ultimately be charged with assault and battery by means of a dangerous weapon. In order for the Commonwealth to prove this crime, it must prove beyond a reasonable doubt that a defendant intentionally touched another person with a dangerous weapon. Another theory that the government may assert is that a defendant engaged in reckless conduct that resulted in bodily injury. In the event that the defendant's step-father and/or brother are charged in this, potential defenses include misidentification by the victim as to who the perpetrator was and/or self-defense and defense of another.

It is also worthy to note that anyone questioned by the police is not under any obligation to speak to them. If you find yourself in a situation where you are being questioned by the police you should refuse to answer any questions until you have consulted with an experienced Boston area attorney. If you choose to speak with the police anything that you say may be used against you in court. If a defendant is questioned by the police an experienced Lawrence Massachusetts area lawyer will review the circumstances to determine whether a motion to suppress the statement should be litigated.

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The Lawrence Eagle Tribune reports that an unusually cooperative suspect closed an investigation into multiple car break ins. According to the police, Shane Mercier, 21, of Lawrence Massachusetts produced a GPS from his pocket that was stolen from an unlocked car in the area. Apparently, the remorseful defendant admitted to breaking into a number of unlocked vehicles in the area. A cell phone, cash and gift cards to Walmart, Dunkin Donuts and K Mart were among some of the other items recovered from Mercier. Police approached the cooperative defendant when they were investigating reports of a number of cars that had been broken into. Based on the facts in this case the defendant can be charged with a multiple counts of breaking and entering into a motor vehicle in the nighttime with intent to commit a felony.

In this case it appears that the suspect spoke with the police officers and provided information that amounts to a confession. In Massachusetts, police officers must inform a suspect that he or she has a right to remain silent, that what he or she says can be used against him or her and that he or she has a right to a lawyer before speaking to the police. These rights are traditionally referred to as "Miranda Rights." The police must inform a citizen of these rights prior to speaking with him or her if the individual is in custody and is subjected to police interrogation or questioning. In the event that it appears that a person's Fifth Amendment rights against self incrimination have been violated by the failure of the police to provide these rights, then an experienced lawyer will file a motion to suppress statements. If successful, the government cannot use the defendant's statement during the trial.

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