Articles Posted in Bail

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According to the Metrowest Daily News two men were arrested Sunday in Framingham, Massachusetts and charged with Rape. One of the men, Oscar Irigoyen is an adult who resides in Florida. The other is sixteen years old. He is currently being charged as a juvenile and as a consequence his name has not been released. The report states that on Sunday police were called to an apartment around 6:30 p.m. Nearly one hour after they arrived they arrested Irigoyen and the unnamed juvenile. Irigoyen has been charged with Rape by Force, Indecent Assault and Battery, Possession of a Dangerous Weapon, Intimidation, of a Witness and Being a Minor in Possession of Alcohol. It is alleged that there are two victims, one of whom is a minor. Apparently one of the victims wanted to leave the apartment earlier in the evening but stayed when the other refused to leave. The district attorney is looking to detain Irigoyen on Dangerousness grounds. The case will likely be prosecuted in the Middlesex Superior Court in Woburn, Massachusetts.

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Two Charged With Rape, Related Sex Crimes In Framingham Court

This article leaves much information blank that a Framingham, Massachusetts Rape Defense Lawyer would need to know in order to start preparing a defense of this case. What specifically happened at that apartment. Did any neighbors hear any noises, screams or see anything that would corroborate the complainants allegations. Why did it take the police nearly an hour to arrest the defendants. Is there any physical evidence that supports the complaints. What if anything did the defendants say. Why did one of the complainants want to leave while the other wanted to stay. Rape Cases in Massachusetts can be difficult for district attorneys to prove. Many times it is the word of one person against the word of another and absent strong evidence corroborating the complainants story the chances of acquittal are strong.

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Ryan Caverly is thirty one years old. He currently lives in Lynnfield, Massachusetts. He and twenty five year old Vincent Migliore of Everett were arrested on Monday. Both were charged with Trafficking Oxycodone Over 14 Grams, Trafficking Oxycodone Over 28 Grams and Conspiracy to Violate the Massachusetts Drug Laws. Adriana D’Alleva was also arrested on drug charges and charged with Trafficking Oxycontins. The district attorney is alleging that the defendants sold eight hundred oxycodone pills and one hundred ecstasy pills over the past few months to undercover police officers. Caverly is being held on five hundred thousand dollars cash bail, Migliore on two hundred fifty thousand dollars and D’Alleva on ten thousand dollars. It appears that the investigation might have started when Migliore was found in possession of eighty five thousand dollars at an Amtrak station in Chicago. During Caverly’s arrest police found thirty two thousand dollars cash, some drugs and drug paraphernalia. Migliore was found in possession of three hundred ninety nine oxycodone tablets at the time of his arrest. Right now the cases are pendint in the Peabody District Court however it is expected that the prosecution will take place in the Essex County Superior Court in Salem.

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Three From Massachusetts Charged With Trafficking Oxycontins

The facts of this article suggest that at least in Caverly and Migliore’s cases a Massachusetts Criminal Defense Lawyer will be looking closely at Search and Seizure issues. What prompted the investigation in the first place? Was it the seizure from Migliore in Chicago and if so, why did law enforcement seek him out? Was this a coincidental stop or did they have information suggesting that he was involved in illicit drug trafficking activity? The next question is how did that lead them to Caverly? Was he an active conspirator? And what is D’Alleva’s role in all of this? If the police investigation was questionable at any level motions to suppress will be filed. If successful these can result is exclusion of drug evidence at trial and possibly a dismissal of the case. It also seems strange that this case is being prosecuted in state court rather than in Federal Court particularly given what appears to be an active role of federal law enforcement in this investigation. Cases that have weaknesses from the prosecution’s viewpoint are rarely prosecuted in the Federal Courts. Perhaps this is good news for Caverly, Migliore and D’Alleva.

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Erick Garcia’s former girlfriend went to the police station last Thursday around 3:00 in the afternoon claiming that Garcia had committed several crimes against her including, Assault and Battery, Kidnapping, Stalking and Assault With a Dangerous Weapon after refusing to accept the couple’s breakup. The woman reported that Garcia drove up to her, and dragged her into his car at knifepoint. Garcia further threatened that if he ever found her with another man he would kill both of them. He then stabbed her car seat with the knife and threatened to kill her daughter. It is alleged that some of the Threats were made by text message. Garcia is being held without bail pending a Dangerousness Hearing. The Massachusetts man now stands charged with those crimes in the Framingham District Court.

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Domestic Violence Charges Issue Against Framingham, Massachusetts Man Unable To Accept Breakup

Crimes involving Domestic Violence in Massachusetts are taken very seriously. Many of the crimes with which Garcia has been charged are felonies. There is a good chance that this case will be prosecuted in the Superior Court. Almost any time allegations such as this are made judges tend to hold the defendant without bail and schedule a dangerousness hearing at the request of the district attorney. It is critical that people charged with crimes involving these types of charges Hire an Experienced Massachusetts Domestic Violence Defense Lawyer. Getting the right lawyer can help you get released with a bail or possibly on personal recognizance. It is equally important to hire a lawyer who has successfully defended cases like these.

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The Lawrence Eagle Tribune reported today that Paul Arlit of Lawrence, Massachusetts has been charged with Rape of a Child under the age of sixteen. Apparently the case came to light when a therapist told the police about a Sexual Assault involving Arlit and a fourteen year old girl. The assault is said to have occurred several weeks ago. It is alleged that Arlit and the girl were in his basement where he touched her inappropriately and asked her to perform a sex act. The police report suggested that Arlit admitted to having committed some criminal activity of a sexual nature involving the girl and to having smoked Marijuana with her. Bail has been set at five thousand dollars cash.

The article fails to specify whether or not the charge is Rape of a Child With Force or simply Rape of a Child. The latter version of this crime is also known as Statutory Rape. Both Rape and Statutory Rape in Massachusetts carry potential life sentences. These cases are felonies and they are prosecuted in the Superior Courts. As a Lawrence, Massachusetts Rape Defense Lawyer in this case I would like to know who made the disclosures to the therapist and in what context the statements were made. The rules of evidence have different applications when the victim made the statements or the defendant makes the disclosure. Excluding these statements often makes successfully defending the case before a jury easier.

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Nelson Nunez of Lynn, Massachusetts is currently being held in the Essex County Jail in Middleton on a cash bail of twenty thousand dollars. Nunez has been charged with Indecent Assault and Battery, Assault With a Dangerous Weapon and Assault With the Intent to Commit Rape. According to reports, on August 22, 2009 Nunez tried to rape his forty three year old girlfriend as he took off her clothes at knifepoint. The victim fought with Nunez and ran away calling for help after she freed herself. At that time the two had been in a relationship for over one year. Police stated that when they came into contact with the woman she had red marks and bruising around her neck. These cases are Felonies in Massachusetts.

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$20,000.00 Bail For Lynn Man Who Tried To Rape Girlfriend

In cases like this the fact that Nunez and the woman had a longstanding relationship often becomes a critical aspect of the defense. If they had a consensual sexual relationship a Massachusetts Rape Defense Lawyer might want to know what purpose would brandishing the knife serve. Was there truly an attack or was the report fabricated as a result of some dispute between the parties and the woman’s efforts to gain control of sorts in the relationship. What were the marks on the woman, if any consistent with. What statements has the woman made since the act that may suggest she is not being truthful. A thorough investigation is often the springboard for a successful defense. Defending Rape Cases in Massachusetts requires the expertise of an Experienced Criminal Defense Lawyer who has defended Sexual Assault Crimes and one who knows how to investigate such allegations.

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Michael Ehlert is eighteen years old. Michael Leoni is seventeen year old. Both live in Marblehead, Massachusetts. Both are now facing serious felony charges in the Lynn District Court. It would not surprise me at all to see these charges indicted and prosecuted in the Essex County Superior Court in Salem. According to reports Ehlert and Leoni viciously attacked a school age boy who was walking home in the early evening hours on October 29, 2009. When the boy passed by the defendants they dragged him into a local cemetery, choked him, beat him, kicked him and searched him for money. They made him smoke a cigarette, stole his wallet and made him lead them to the victim’s home where they located and stole his iPOd. As a result of these acts Leoni has been charged with Assault With Intent to Rob, Kidnapping, Assault and Battery by Means of a Dangerous Weapon and Larceny. Ehlert has been charged with the same crimes along with Intimidation of a Witness. All of these Crimes are Felonies in Massachusetts.

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Massachusetts Men Charged With Assorted Violent Crimes In Connection With Robbery Of Another Teenager

In the context of these facts all of these crimes are considered very Serious Felonies in Massachusetts. The Robbery charge alone carries a maximum life sentence. Assault and Battery by Means of a Dangerous Weapon carries a potential ten year sentence. Kidnapping convictions can also result in the imposition of a ten year state prison sentence. There are however a few thoughts that come to mind when reading about this case. How was it that nobody saw the victim being dragged into the cemetery? Why did he not yell out for help when walking back to house? Could he have run away when going back to his home or could he have yelled out to a neighbor for help? Was the attack unprovoked or was there something that precipitated the event? These are questions that an Experienced Massachusetts Defense Lawyer will address in preparing the defense of these defendants.

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This past Sunday evening, just past 6:30 p.m. members of the Quincy, Massachusetts Police Department executed a search warrant at John Keller’s residence. The search warrant was issued after an eighteen month police investigation suggested that Keller was dealing drugs out of his Chester Street apartment. When the police searched the home they found Cocaine, Ecstasy, Heroin, and other Controlled Substances. They also found ammunition and nearly fifty thousand dollars cash. The investigation started as a result of neighbor complaint about numerous people making frequent visits to the apartment. As part of the investigation undercover police officers made controlled buys of various substances. During the search the police found over one hundred grams of cocaine, Class C drugs, Oxycodone pills, marijuana, digital scales and more. Keller has been charged with Trafficking Cocaine, Trafficking Heroin, a School Zone Violation, Unlawful Possession of Ammunition and various Miscellaneous Crimes. Bail was set at one hundred thousand dollars cash in the Quincy District Court.

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Quincy, Massachusetts Man Held On Drug Trafficking, Gun Charges

It appears that the most serious charge is Cocaine Trafficking which in Massachusetts carries a minimum mandatory ten year sentence where the quantity exceeds one hundred grams. The School Zone Violation adds another two years to this sentence. If Keller is convicted of both of these crimes he will have to serve twelve years in state prison. Naturally as with any case there can be defenses to these allegations. I would expect to see a challenge to the issuance of the Search Warrant. It would not surprise me if people other than Keller were being investigated and had some involvement in these activities during the course of the investigation. Their roles might ameliorate some or all of Keller’s responsibility for some of the crimes he has been charged with. One thing is certain. If he has not already done so Keller needs to Hire an Experienced Massachusetts Drug Defense Lawyer right away.

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Julio Castillo and Johnston Jones are twenty four and twenty one years old respectively. They lived together on Prince Street in Salem, Massachusetts until their arrest this week. Now both are charged with Trafficking Heroin and a Drug Violation in a School Zone. Bail for Castillo is ten thousand dollars and five thousand dollars for Jones. According to reports Salem Police had been watching their home after numerous neighbors complained of constant foot traffic in the home. The police surveillance observed cars from all over the area driving up to the premises. Local drug users and people from other towns were also seen entering and exiting the property. The home was watched for about one month before police finally gained access. When the entered they confiscated thirty three grams of heroin, and various items of drug paraphernalia. Both men are now being prosecuted in the Salem District Court however this case will ultimately be handled in the Essex County Superior Court.

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Salem, Massachusetts Men Charged With Drug Trafficking After Police Enter Home And Seize Over 30 Grams Of Heroin

So what are these guys looking at if convicted? Trafficking Heroin Over Twenty Eight Grams in Massachusetts carries a mandatory minimum seven year sentence. The additional charge of Drug Violation in a School Zone carries an additional two years mandatory that must be served from and after the seven year sentence. In total, if convicted of these charges Jones and Castillo must serve nine years in state prison. So what should they do? Go and Hire and Experienced Massachusetts Criminal Defense Lawyer. There are always defenses to criminal accusations. The police may have violated the defendant’s rights when they entered the home even if they had a search warrant. The location of the drugs in the home and the actions of the defendants weigh heavily on the potential defenses to these charges. Winning Drug Cases in Massachusetts is possible provided you have proper representation.

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Jorge De Souza Abrahao was arrested late last week after a woman complained that the Hudson, Massachusetts man raped her as she slept at her boyfriend’s apartment. The defendant is a relative of the victim’s boyfriend. The woman told police that she awoke to find Abrahao in bed with her, violating her as she slept. She pushed him off and called the police. The police obtained a search warrant for Abrahao’s apartment. He was later found at his place of employment in Framingham where he was arrested. Abrahao was Charged with Rape and held on five thousand dollars in the Marlborough District Court. The case will be presented to a grand jury for indictment and prosecution in the Middlesex County Superior Court in Woburn.

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Massachusetts Man Charged With Raping Sleeping Woman

The nature of the alleged rape in this case is not detailed by this article. Rape in Massachusetts is committed when there is any non-consensual penetration of a woman’s vagina by a finger, mouth, penis or other object. It can also occur when a woman is forced to perform oral sex on the defendant. While reading this article I wonder what exactly did the woman say Abrahao was doing to her. How did he manage to enter her home and bed undetected and then engage in this act. I would think that if the facts of this case were as egregious as the article seems to indicate then a bail much higher than five thousand dollars would have been imposed. There are countless defenses to cases such as this one that an Experienced Massachusetts Rape Defense Lawyer can use to defend his client. Hopefully the defendant in this case has engaged that person.

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“JR'”, a pseudonym, of Randolph, Massachusetts was charged with Armed Assault With Intent To Murder, Discharging a Firearm Within 500 Feet of a Building and Improper Storage of a Firearm after a dispute with his neighbor over a fence ended up in a shooting. According to reports JR and his wife were in their yard last Friday night when the neighbor went onto JR’s property to discuss an ongoing dispute regarding a fence that separates the neighbor’s properties. The discussion turned violent when JR hit the neighbor who responded by throwing a beer can at JR. Supposedly JR then pulled out a gun and shot the neighbor in the stomach. Afterwards JR tried to stop the bleeding and tended to the man’s wound. JR’s wife told police that he had been out drinking earlier in the evening and that he becomes violent when he drinks. JR is licensed to carry firearms. His bail was set at twenty thousand dollars by a judge in the Quincy District Court.

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Massachusetts Man Shoots Neighbor During Dispute Over Fence

A couple of thoughts come to mind when reading this article. Did JR act in self-defense? Even if he did the law in Massachusetts makes clear that people can use force in self defense however no one can use more force than is reasonably necessary under the circumstances of this case. In a case like this jurors will consider the relative sizes of the combatants, their actions and the location of this incident. Keep in mind that this happened on JR’s property suggesting that the neighbor could have been the aggressor. The neighbor used a dangerous weapon on Leonard prior to the shooting. Further actions by the neighbor not addressed in the article could give rise to a legitimate self-defense claim. The fact that JR immediately assisted the neighbor suggests that the shooting might have been an accident. An “accident” in Massachusetts is defined as an unexpected happening that occurs without intention or design on the defendant’s part. It means a sudden, unexpected event that takes place without the defendant’s intending it. Here, brandishing the gun does not necessarily mean that JR intended to fire it. The act of shooting might have been an accident, a valid defense to these charges.

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