Boston Criminal Defense Lawyer Blog

According to The Boston Globe, former state senator Dianne Wilkerson pleaded guilty to eight counts of attempted extortion in the federal court. The disgraced senator from the 2nd Suffolk District was the target of an FBI sting that led to her arrest amidst charges that she accepted cash payments in exchange for a liquor license. It is expected that the prosecutor will request four years in prison followed by a probationary period. The defense team of Harvard Law professor Charles J. Ogletree and Max Stern are hoping for a sentence with less incarceration. The judge made it clear that he is not bound by the prosecutor's recommendation however, the federal sentencing guidelines recommend that a defendant in her position receive 37 to 46 months in prison.

In Massachusetts, defendants often plead guilty in order to receive, what they believe will be a more favorable disposition than they would have received if they went to trial and were found guilty. An experienced Boston criminal lawyer can evaluate a case and determine whether a case is triable or whether accepting a plea offer is the best course. Obviously, the decision of whether to plead guilty is up to the defendant. In the event that a defendant has "buyer's remorse" and feels that his or plea was not appropriate there are ways to withdraw a guilty plea. In Massachusetts, a defendant can file a motion for a new trial/motion to withdraw a guilty plea pursuant to Massachusetts Rules of Criminal Procedure 30. Depending on the facts of the case the grounds include arguing that the defendant's plea was not knowingly, voluntarily or understandingly entered and must be vacated.

Continue reading "Former State Senator Dianne Wilkerson Pleads Guilty To Attempted Extortion " »

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

Posted In: Celebrity Crimes

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Actor Charlie Sheen has been arrested and charged with menacing a deadly weapon, second-degree felony assault and criminal mischief. According to The Aspen Daily News, upon conviction, felony menacing usually carries a potential sentencing range of one to three years in prison, and second-degree assault usually carries a range of two to six years in prison. Criminal mischief in Colorado does not include a mandatory minimum prison sentence upon conviction.

Sheen's arrested was prompted by a 911 call to the police from his wife Brooke Mueller. According to reports, an argument began when Meuller informed Sheen that she wanted a divorce and custody of their twin boys. Mueller claimed that Sheen grabbed her by the upper neck and threatened her with a knife. It has been reported that Mueller had high levels of alcohol in her system at the time she made the report. As we all know, there are two sides to every story. Sheen denies his wife's allegations. This type of case is categorized as a case of "domestic violence." When police are called to a residence because of an allegation of "domestic abuse" usually one of the parties is arrested and it is usually the man.

If you have been arrested and charged with a crime of domestic violence you must have an experienced Massachusetts defense lawyer on your side. In most circumstances, the police advise the complaining party of his or right to have a civil restraining order. The standard for the issuance of a restraining order is low. Although a restraining order is a civil order, criminal charges may issue if there an allegation that the restraining order has been violated.

If you have been charged in a case of "domestic violence," developing a strategy and conducting a complete investigation must take place early. Based on the facts of the case it is often important to document and/or photograph any injuries to the defendant, interview witnesses and take pictures of the scene in order to mount a successful defense.

Continue reading "Actor Charlie Sheen's Arrest Stems From Domestic Dispute" »

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

Posted In: Assault and Battery , Celebrity Crimes , Domestic Assault and Battery

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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 " »

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

Posted In: Assault and Battery , Celebrity Crimes

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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" »

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

Posted In: Assault and Battery , Celebrity Crimes , Domestic Assault and Battery , Search and Seizure

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The Vancouver Sun recently reported that singer Chris Brown was arrested and initially charged with making criminal threats. Brown was arrested and released after posting $50,000.00 bail. According to reports, Brown is also being investigated for domestic assault and battery and felony assault and battery.

Initial reports indicate that Brown and an "unidentified woman," suspected to be Rihanna, got into an argument that led to a physical altercation. The police responded to the area as the result of a 911 call for help. It is believed that Rihanna suffered physical injuries as a result of the incident.

In Massachusetts, if you are convicted of the misdemeanor assault and battery the maximum sentence that you can received is two and one half years in jail. In order to be convicted of assault and battery the District Attorney's Office must prove that you committed an intentional, unconsented to and unprivileged touching on another person. The government must prove that an individual committed an intentional touching of another person. Wanton and reckless conduct may substitute for the “intentional conduct” element necessary for the battery.

To successfully defend against assault and battery cases in Massachusetts, experienced defense attorneys often maintain that the defendant acted in self-defense or in defense of another at the time that he or she struck the victim. Another, strategy that many successful trial attorneys assert in Massachusetts is to present evidence proving that the defendant did not possess the intent necessary in order for the District Attorney's Office to get a conviction.

In Massachusetts, in order to prove threats, the District Attorney's Office must prove that an individual possessed an intent to threaten the victim but does not have to prove an intent to carry out the crime. Another unusual part of this crime is that in Massachusetts is that the actual receipt of the threat by the victim is not a necessary element of the crime.

Continue reading "Chris Brown Arrested And Charged With Threats And Assault And Battery" »

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

Posted In: Assault and Battery , Celebrity Crimes , Domestic Assault and Battery , Self Defense , Threats

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Popular swimming phenom and eight gold medal winner Michael Phelps has been suspended by USA due to the picture of him holding what is believed to be a marijuana bong. The now famous picture of Phelps surfaced in Star magazine. According to reports, the incident occurred in November, when Phelps attended a house party while visiting the University of South Carolina. Phelps has apologized to his fans and referred to his behavior as regrettable. Phelps has never tested positive for any banned substance.

Phelps has been in the spotlight before for "regrettable behavior" including a previous conviction for operating under the influence of alcohol often referred to as driving under the influence or DUI in Massachusetts.

In Massachusetts, a conviction for driving under the influence can carry a sentence of up to two years in jail. The District Attorney has to prove that you were driving a car on a public way and that you were under the influence of alcohol. Any one of these areas should be challenged when defending an OUI case in a Massachusetts. To prove operation the District Attorney does not have to show that you were actually driving. Massachusetts Courts have held that starting the engine of the car or making use of the power provided by the engine constitutes operation. Massachusetts Courts have held that putting the keys in the car's ignition can be enough to establish operation.

Continue reading "Michael Phelps Suspended For Three Months By USA Swimming" »

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

Posted In: Celebrity Crimes , Drug Crimes , Motion to Suppress Statements , OUI/DUI

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