Articles Posted in Bail

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Tyrone Farrar of Lawrence, Massachusetts was arraigned yesterday in the Newburyport District Court on charges of Statutory Rape. Farrar, a security guard at the Frost School is accused of having consensual sex with a fourteen year female student from that school. Initially, Farrar, the victim and the victim’s mother all denied that Farrar’s relationship with the girl was of a sexual nature. This changed however this past weekend when Farrar was arrested for OUI Drugs in Salisbury, Massachusetts with the girl in the car. The prosecution alleges that after the arrest both Farrar and the girl admitted to having sexual relations on several occasions over the past year. The victim claims that the sex started when she was thirteen years old. Reports state that Farrar was also the girl’s basketball coach. Farrar has been held without bail pending a dangerousness hearing. Charges are now pending in the Newburyport District Court. The Rape of a Child charges will be indicted and prosecuted in the Essex County Superior Court in Salem.

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http://www.eagletribune.com/local/x1243783675/Lawrence-school-security-officer-charged-with-statutory-rape

Essex County Statutory Rape Defense Lawyer

Farrar is in a lot of trouble. Back in June of this year a Melrose, Massachusetts basketball coach, James Connor plead guilty to similar charges and was sentenced to twenty to thirty years in state prison. Connor was fifty two years old at the time. He will be eligible for parole when he is seventy two years old. While many people think that the “consensual” nature of Statutory Rape (Rape of a Child in Massachusetts) lends itself to leniency often times it does not. Farrar, as a security guard and coach is in a position of trust when it comes to the development and safety of the people under his care. A violation of that trust particularly in a sexual manner is often punished harshly in Massachusetts. The sexual acts, helping the victim sneak out of her house, the presence of drugs and a firearm, having the girl out into the early hours of the morning will all factor into his sentence if Farrar is convicted. In so many regards this case presents great challenges for Farrar’s Massachusetts Criminal Defense Attorney.

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Jorge Fernandez of Waltham and Antonio Rodriguez of Revere have both been charged with Cocaine Trafficking in the Middlesex County Superior Court in Woburn. Bail has been set at forty thousand dollars and one hundred thousand dollars respectively. The charges stem from an incident in Waltham alleged to have occurred on March 8, 2010. It has been reported that on that day an officer heard a loud noise that he was investigating. In doing so he observed a black Mercedes with Florida plates parked in an alley. The officer then saw a large amount of cash on the center console of the car. The officer questioned the occupants, Fernandez and Rodriguez and became suspicious with their responses. The officer then searched the car and located over two hundred grams of cocaine and over eight thousand dollars in cash. Both were charged with Trafficking Cocaine in Excess of Two Hundred Grams.

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http://www.dailynewstribune.com/news/copsandcourts/x999356885/Grand-jury-indicts-two-men-charged-with-trafficking-cocaine

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Middlesex County Cocaine Trafficking Defense Lawyer

As I have mentioned in several previous blog posts it is likely that the defense in this case will center on the legality of the Search and Seizure. Based on the facts in this article this one seems tough. Our Courts have held that “[i]f policemen are to serve any purpose of detecting and preventing crime by being out on the streets at all, they must be able to take a closer look at challenging situations as they encounter them…Like many other courts, we have held that HN3the use of a flashlight to look into the interior of a car in such situations does not amount to a search at all.” Here, once the flashlight illuminated the car the officer decided to question the occupants. Their responses prompted more concern and ultimately the search of the vehicle.

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Kristen Shields of North Andover, Massachusetts was charged in the Lowell District Court with Assault and Battery By Means of a Dangerous Weapon and Assault With the Intent to Murder. According to reports, Shields and her boyfriend were engaged in consensual sexual acts with a thirty nine New Hampshire woman. The New Hampshire woman told the police that the three were having sex and that Shields got out of bed and told the two to continue with their business. Shields then re-entered the bedroom and got jealous. She began throwing objects in the room and took a kitchen knife and stabbed her boyfriend in the chest. Shields admitted to the attack.

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http://www.lowellsun.com/ci_15503960?source=rss_viewed

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Lowell, Massachusetts Stabbing Defense Lawyer

The crime of Assault With Intent to Murder in Massachusetts is identified by Massachusetts General Laws Chapter 265 Section 18. The law states that anyone armed with a dangerous weapon who assaults another with the intent to murder that person faces a state prison sentence of up to twenty years if convicted. I have written before that these cases are difficult to prove in that the prosecution must show the person’s intent at the time the act was committed. The element of intent in crimes of passion often becomes the major point of contention and juries rarely convict people accused of committing this crime. They are much more likely to convict on the Assault by Means of a Dangerous Weapon indictment that usually gets charged in connection with Assault With the Intent to Murder. I would imagine that Shields’ sentence in this case will be impacted by the desires of the victim. With excellent representation she might be able to avoid prison time.

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Mark McConnell of Osborne Street in Salem, Massachusetts has been charged with Possession of Child Pornography and Distribution or Dissemination of Child Pornography in the Salem District Court. It is alleged that McConnell had downloaded photos and videos of girls who according to the district attorney had been Raped and Kidnapped. The prosecution stated that McConnell used a file-sharing program to access the illicit material. Bail was set at ten thousand dollars cash. Apparently McConnell was caught by law enforcement logging on to a file sharing service on June 15, 2010. His IP address was accessed and a Search Warrant was issued. McConnell’s computer was seized during the search. Over seven hundred illicit photos were found on the hard drive. It is unclear as to whether this case will be prosecuted in the district court or the Essex County Superior Court. It is also possible that this case will be prosecuted in the Massachusetts Federal District Court.

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http://www.salemnews.com/local/x1907082991/48-year-old-man-charged-with-possessing-child-porn

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Salem, Massachusetts Child Pornography Defense Lawyer

Possession of Child Pornography and Dissemination of Child Pornography are both felonies in Massachusetts. The former is prohibited by Massachusetts General Laws Chapter 272 Section 29C. A conviction for that offense carries a maximum five year state prison sentence. The latter crime is proscribed by Massachusetts General Laws Chapter 272 Section 29B. A conviction for that crime carries a minimum ten year sentence and up to twenty years in state prison. Prosecutors in Massachusetts take the position that file sharing constitutes distribution even if the defendant downloaded the material only and never actually sent the material to someone else. This is a major point of litigation in these cases right now. Anyone charged with one of these crimes in Massachusetts should immediately hire an experienced Massachusetts Criminal Lawyer who has defended Child Pornography cases. McConnell will likely have defenses to these charges and pursuing these defenses should start now.

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Massachusetts police arrested Cynthia Lorenz of Minnesota Sunday and charged her with Carrying a Firearm, Improper Storage of a Firearm and Possession With the Intent to Distribute Marijuana. According to the Salem News, Lorenz was at the Extended Stay America Hotel in Danvers, Massachusetts. On Sunday morning her fourteen year old son called 911, complaining about his mother’s behavior and indicating that she had a gun. Responding officers apprehended Lorenz and searched her hotel room. They found a loaded .25 caliber handgun and two ounces of marijuana and a significant amount of cash, over five thousand dollars. The police then obtained a search warrant. During the execution of the search warrant officers located about thirty two thousand dollars of gold coins. Bail was set in the amount of two hundred thousand dollars. The case is pending in the Salem, Massachusetts District Court. It is likely that the case will remain in that court.

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http://www.salemnews.com/local/x1703942868/Police-find-drugs-guns-and-gold-in-moms-motel-room

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Salem, Massachusetts Firearms Violations Defense Lawyer
Often times people from other states carry or possess firearms in Massachusetts believing in good faith that they are not breaking the law. This most often occurs when the person has the legal right to own, possess or carry a firearm in his or her state and they are traveling to or through Massachusetts. The problem with this is that the Massachusetts gun laws apply to anyone Carrying a Firearm in Massachusetts. If not properly represented the defendant faces a mandatory minimum eighteen months in jail. In cases like this our office typically takes a couple of approaches to defending the accused. One is to fight the case. By this I mean file Motions to Suppress, Motions to Dismiss or even try the case to a judge or a jury. Another way is to try to get the prosecution to appreciate that the accused had no intention to violate the Massachusetts Gun Laws but rather was acting in accordance with what he or she believed was lawful conduct. Many times the district attorney will recognize the mistake and afford the defendant the opportunity to resolve the case in a way that will not require jail time or not even leave him or her with a criminal record.

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The Metrowest Daily News reports that following a lengthy investigation Framingham, Massachusetts police have arrested Brenton Ford and charged him with Cocaine related offenses. Using a confidential informant the police arranged four controlled purchases of cocaine from the defendant. There is an allegation that Ford used the services of a juvenile to assist with the cocaine sales. The article is not specific as to how Ford used the minor. Ford has been charged with Enticing a Minor to Distribute Drugs, Possession With the Intent to Distribute Cocaine and Conspiracy. Bail was set at twenty thousand dollars in the Framingham District Court. Given that a minor was used to facilitate these transactions and Ford has a prior conviction for Distributing Cocaine it is likely that this case will be indicted and prosecuted in the Middlesex Superior Court in Woburn.

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http://www.metrowestdailynews.com/news/police_and_fire/x2071995372/Framingham-man-charged-with-having-boy-help-him-sell-crack

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Framingham Cocaine Distribution Defense Lawyer

Massachusetts General Laws Chapter 94C Section 32K states that anyone who induces a minor (someone under the age of eighteen) to distribute drugs shall be punished by a minimum mandatory five year state prison sentence. The district attorney must prove beyond a reasonable doubt that the defendant knew the person was under the age of eighteen, that the defendant agreed with the minor to assist with the distribution of the drug and that the minor dispensed the substance. It appears from this article that the district attorney will need the minor to testify to prove his or her case. Prosecutors try to avoid having young people testify whenever possible. If that is the situation here then perhaps that charge will be dismissed, particularly where Ford faces at least five years on the other charges.

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Authorities allege that Jesse Pritchard of Framingham sold Heroin to a confidential informant on two occasions, the last being this past Friday. Pritchard was arrested and charged with Trafficking Heroin and a School Zone Violation. Armed with a search warrant police located nearly twenty bags of heroin. Pritchard was concealing some heroin in his hand at the time of his arrest. The total weight of the drugs was seventeen grams. Bail was set in the amount of ten thousand dollars. The judge cited several convictions and jail sentences as reasons for the amount of bail. Pritchard will be held in the Cambridge Jail pending trial.

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http://www.metrowestdailynews.com/news/police_and_fire/x2071993796/Framingham-man-arrested-for-heroin-trafficking-says-drugs-were-for-himself

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Framingham Heroin Trafficking, School Zone Violation Defense Lawyer

In arguing for a lower bail the lawyer defending Pritchard stated that the majority of the drugs were for personal use, not for distribution and that any sales were for the purpose of supporting his habit. While this might be true it does not serve as a valid defense for any charge of Distributing Heroin in a School Zone. It might serve as a defense to Trafficking Heroin in that a Skilled Massachusetts Criminal Defense Attorney will argue that less than the trafficking threshold was possessed for the purpose of distribution. If successful this will get Pritchard out from under the minimum mandatory sentence of five years in state prison.

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Richard Hall, 61 of Marshfield, Massachusetts was arrested two days ago by Marshfield Police. It was reported that the police were notified by authorities in Illinois that Hall might be a part of a child pornography ring. This operation possibly consisted of chat room members who shared Child Porngraphy files over the internet. With this information local law enforcement obtained a search warrant. Armed with this Search Warrant they entered Hall’s Forest Street home around 9:30 Monday night. They located pictures of children engaged in sexual acts. They also seized several computer hard drives. Bail was set in the Plymouth District Court at three thousand dollars. Hall faces charges of Distributing Photographic Material of Children in a Nude State, Possessing Child Pornography and Distribution of Material Depicting Children in a Sexual Act. This case will probably be prosecuted in the Plymouth County Superior Court in Brockton.

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http://www.patriotledger.com/news/cops_and_courts/x1602636442/Marshfield-man-arrested-on-pornography-charges

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Plymouth County Massachusetts Child Pornography Defense Attorney

More and more you read about people getting charged with some sort of Child Pornography Crime in Massachusetts. Law enforcement officials seem to be more dedicated to patrolling the internet to catch offenders. Most police departments now have computer crimes units. Many district attorneys offices units dedicated to the prosecution of internet crimes, particularly those involving Child Pornography. The Massachusetts Attorney Generals office has an excellent unit devoted to prosecuting these cases. Defending these crimes requires a certain degree of computer forensic knowledge. As a Massachusetts Criminal Defense Lawyer who defends many Child Pornography related allegations I recommend engaging the services of a computer forensics expert who can investigate the viability and accuracy of the charges and who can also educate the defense attorney on the strengths and weaknesses of the district attorney’s case. As with any crime, these cases can be successfully defended.

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This past Saturday Alvaro Poncedeleon of Marlborough, Massachusetts was charged with [Open and Gross Lewdness](https://www.neymanlaw.com/lawyer-attorney-1370287.html), **Assault and Battery**, [Assault with Intent to Commit Rape ](https://www.neymanlaw.com/lawyer-attorney-1442093.html)and [Indecent Assault and Battery on a Person Over 14](https://www.neymanlaw.com/lawyer-attorney-1442099.html). He is currently being held without bail. It is alleged that the defendant, who knows the woman pulled down his pants and exposed himself. He then pulled the victim’s pants down and forced her to touch him. There is no date associated with the incident, rather the article states that this happened recently.

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[http://www.metrowestdailynews.com/news/police_and_fire/x1602636126/Police-Marlborough-man-arrested-for-attempted-rape](http://www.metrowestdailynews.com/news/police_and_fire/x1602636126/Police-Marlborough-man-arrested-for-attempted-rape)

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**Massachusetts Rape Defense Lawyer**
If the facts of this article are accurate then the defendant should not be charged with [Assault with Intent to Commit Rape](https://www.neymanlaw.com/lawyer-attorney-1442093.html). That crime required the district attorney to prove beyond a reasonable doubt that the defendant not only committed an assault on the victim but that he had the intent to rape her while doing so. Here, there is no indication that the defendant intended to rape the women. The act of making her touch his penis satisfies the element of indecent assault and battery but does not show an intent to rape. There is a potential twenty year state prison sentence for anyone convicted of this crime. From the perspective of a Massachusetts Rape Defense Lawyer I find it troubling that there was a delay in reporting this offense. That typically serves as a basis of a defense and often time implicates an illicit motive on the part of the complaining witness.

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Last Wednesday Boston Police were conducting a search when they observed a man subsequently identified as Edgar Gonzalez fleeing from a building. Police then grabbed Gonzalez. They noticed that the door to his apartment was opened. The police then learned that Gonzalez had a pending Immigration Order pending against him. As a consequence Gonzalez was arrested and a “protective sweep” of his apartment was conducted. Officers found Marijuana and some drug paraphernalia. They then obtained a Search Warrant. The search revealed over two thousand pounds of marijuana. Bail has been set at one million dollars. Gonzalez is being charged with Trafficking Marijuana in the Dorchester District Court. This case will be indicted to the Suffolk County Superior Court where it will ultimately be prosecuted.

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Boston Massachusetts Marijuana Trafficking Defense Law Firm

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Marijuana Trafficking Defense Lawyer In Massachusetts

The penalty for a conviction for Trafficking Marijuana in Massachusetts over 2,000 Pounds is a five year minimum mandatory sentence. Depending on how close to 2,000 pounds the actual weight lies Gonzalez might be able to negotiate a resolution to a lesser weight and plead guilty to a lower sentence. That however assumes he has no defenses to this case. From the article it appears that the police might have had no reason to stop him. It also might be the case that they had no legal right to search his apartment. Depending on the location of the apartment there might be security or surveillance cameras confirming or contradicting the police suggestion that the apartment door was opened. Gonzalez’ Massachussetts Criminal Lawyer will no doubt investigate these issues and zealously defend him.

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