Articles Posted in Bail

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Reports state that Ralphie Arroyo from Framingham, Massachusetts was arrested yesterday in the early morning after choking his wife until she could not breathe. The woman told the police that Arroyo punched her in the head as well. A witness claimed to have seen the woman throwing household items out of a window just before the incident occurred. A mark was observed police on the woman’s head but there is no mention of anyone having seen something on her neck. The woman claimed to have been depressed and was looking out of a window just prior to the attack. The prosecution has charged Arroyo with domestic assault and battery in the Framingham District Court. Bail has been set at one thousand seven hundred dollars.
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Domestic Assault And Battery Charges For Framingham Man

The American Bar Association has recently published some interesting statistics about Domestic Violence. Approximately twenty five percent of all women nationally were either raped or physically assaulted by a spouse or someone with whom they had a dating relationship. About one third of all female murder victims were killed by an intimate partner. It is statistics like this that rightfully cause judges concern about cases like this that are being prosecuted.

In this case however reports suggest a story other than the one the woman told the police. Her statement to the police that she was just staring out of the window during a moment of depression conflicts with the observation of the witness who saw her throwing objects out of the window. While this in no way condones acts of violence towards anyone it certainly effects the credibility of the complaining witness. Inconsistencies such as this can be fatal to a prosecution. This fact will no doubt be exploited in some regard by Arroyo’s defense lawyer.

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Just a couple of days ago a Lynn, Massachusetts woman was arrested and charged with threatening to commit a crime, assault and battery by means of a dangerous weapon and trespassing. The victims are her former husband and his friend. According to reports Janice Bolen-Kavanaugh and co-defendant Zlatan Sarajlic encountered the ex-husband’s friend. Sarajlic had a handgun. Bolen-Kavanaugh asked where he lived and he gave a fake address. He went home. Bolen-Kavanaugh then appeared tried to enter his home by pushing in a window screen. The victim went into the next room to warn Bolen-Kavanaugh’s ex-husband Steven Kavanaugh. Bolen-Kavanaugh then swore at the victims and told them that Sarajlic was going to kill them. Sarajlic then manipulated the slide on the gun and held it in the air. When the defendants heard sirens they fled. Both were arrested. Sarajlic has also been charged with assault and battery by means of a dangerous weapon and trespassing. Bail for Bolen-Kavanaugh was set at three thousand dollars. Bail for Sarajlic was set at two thousand dollars. The report disclosed that Steven Kavanaugh was charged with violating a restraining order against his ex-wife.

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Massachusetts Woman Charged In Case Of Domestic Violence

Fortunately for the defendants in this case the police never found the firearm. Possession of a gun in Massachusetts carries a mandatory minimum eighteen months sentence to the house of correction. The defendants now have to defend against the assault and battery by means of a dangerous weapon case and the trespassing case. The assault and battery by means of a dangerous weapon carries a potential two and one half year jail sentence if the case is prosecuted in district court or up to ten years in state prison if the district attorney indicts the case. This case will likely remain in district court. The absence of a weapon makes this case difficult to prosecute. Where there are multiple victims rarely is there a consistent description of the weapon, or for that matter the circumstance surrounding the incident. Jurors like physical evidence. It makes them feel more comfortable about their decision to convict. The absence of the weapon and the allegation that one of the victims violated a restraining order against one of the defendants weakens the prosecutor’s case.

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Shortly after 12:00 a.m. last Wednesday morning Gabriel Diaz was arrested by the Haverhill, Massachusetts Police Drug Unit. An informant told them that a van would be driving in the High Street area and that it would contain drugs. Using this information the police made the stop of the vehicle. They determined that Diaz did not have a driver’s license. This being an arrestable offense they detained Diaz and searched his car. While doing so they found a cocaine diluting agent, inositol and a scale. Believing that more drugs were present they called in a K-9 unit. The dog sniffed out a hiding compartment in the seat. Inside the police located a loaded nine millimeter handgun, sixty four grams of rock cocaine, nineteen grams of heroin and some cash. Diaz has been charged with trafficking cocaine, trafficking heroin, possession of a firearm, possession of ammunition and more. Charges are now pending in the Haverhill District Court. The case will ultimately be prosecuted in the Essex County Superior Court in Newburyport, Salem or Lawrence.

Drug and Gun Charges Filed Against Lawrence Man Arrested in Haverhill

Here are some things to think about with this case. Anytime police use informants as a basis for stopping a vehicle you can be sure that the defense attorney will move to suppress the stop and search. The police must establish that the information is reliable and the information he supplies must be sufficiently corroborated. Challenging the credibility of his information is a great way to get the search suppressed, the drugs thrown out and the case dismissed. You might also want to think about Diaz’s relationship to the vehicle. Was it his? If not, what evidence is there that he had knowledge about the “secret” compartment in the vehicle. Another question that comes to mind is where was the scale and inositol found? Was it located in plain view such that Diaz must have known it was there or was it secreted in another part of the car.

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Just last week the Quincy Patriot Ledger reported that if Brian Cherry survived the beating he took from Michael McGunigle he paralysis or blindness could result. The article stemmed from an incident that occurred on July 6, 2009 in Abington, Massachusetts. It was alleged that McGunigle left his dog tied to a vehicle outside a local restaurant for about an hour. The dog acted aggressively towards passersby and Cherry commented to McGunigle that the dog should be crated. The comment purportedly set McGunigle off. Witnesses then observed the defendant strike Cherry who fell to the ground and struck his head. Initially McGunigle was arrested and charged in the Brockton District Court with aggravated assault and battery and released on three thousand dollars cash bail. Unfortunately Cherry did not survive the attack. He died at a local hospital this past weekend. Now, McGunigle has been charged with Manslaughter. He has been indicted and will have to defend against these charges in the Plymouth County Superior Court. Earlier today McGunigle surrendered himself to authorities.

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Massachusetts Man Faces Manslaughter Charges After Beating Results In Death

Articles about this case have suggested that the defendant has claimed that he acted in self-defense. Massachusetts law permits a person to act in self defense and use reasonable force to defend himself from a physical attack. Self-defense is a complete defense to manslaughter charges and if believed by a jury the accused will be acquitted. Once evidence of self-defense has been shown at trial the district attorney must prove beyond a reasonable doubt that the defendant did not act in self defense. This defense takes on a very different understanding when used in connection with a charge of manslaughter, voluntary or involuntary.

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Jeremy Fife has been charged with Possession of Child Pornography stemming from an incident that occurred at a swimming pool supply business, Fife’s place of employment. This past weekend a store manager opened Fife’s laptop and found the desktop filled with files suggestive of child pornography. Danvers, Massachusetts police were immediately called and they began to question Fife. Fife claimed that the files were accidentally downloaded by a file sharing program that was supposed to download music. Fife claimed to have deleted as many files as he could however authorities found at least one hundred photographs depicting child pornography. The judge sitting the Salem, Massachusetts District Court set bail at ten thousand dollars and ordered Fife to have no contact with children, not go near any schools, and not possess or use a computer.

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Child Pornography Charges Issue Against Massachusetts Man

Possession of Child Pornographic Material is a crime in Massachusetts in accordance with Massachusetts General Laws Chapter 272 Section 29C. This crime is a felony in Massachusetts and a conviction of this offense can subject you to up to five years in state prison. A typical defense to this crime is an individual’s lack of intent. It is often argued that the material was sent to the defendant gratuitously. I often recommend to my clients charged with this type of offense to engage a computer expert who can examine the computer’s hard drive and determine whether the defendant actively procured the material or was himself the victim of someone else’s criminal activity. While these experts can be expensive I highly recommend them in cases such as this one.

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Dimitrios Paicopoulos is twenty seven years old. He is from Newton, Massachusetts. Just last week Mr. Paicopoulos found himself in some trouble. A narcotics task force arrested him at his home. They conducted a search of his home, presumably pursuant to a search warrant. They found over ten thousand dollars cash, some narcotics packaging materials and over seven hundred eighty milligram Oxycontin pills. According to reports this investigation started after numerous neighbors complained about what they believed to be drug activity in their neighborhood. Bail for Mr. Paicopoulos has been set at one hundred thousand dollars in the Newton District Court. The defendant now faces drug trafficking charges.

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Oxycontin Bust Results In Seizure Of over 700 Pills, Trafficking Charges For Massachusetts Man

So what actually happened here? Well, if neighbors truly complained about the suspected drug activity in their neighborhood the law enforcement investigation that commenced likely did so with a surveillance of the home. Police officers might have observed unusual traffic into the property such as a vast array of frequent visitors entering and leaving the premises after very short visits. The police probably stopped one of the visitors and located drugs on that person. That person then told the police that he or she had just purchased certain drugs from the defendant. The police would then learn how the defendant would be contacted for such drug activity. They would next enlist an undercover officer, one of the purchasers who they had just stopped or a confidential informant to get a better perspective on the quantity of drugs that Paicopoulos could supply. Once controlled buys proved successful a warrant was obtained for the arrest of the defendant and a search of his home.

There are many possible defenses to this crime such as attacking the legality of the search warrant or putting the district attorney to the constitutional task of proving that the drugs seized belonged to the defendant and not someone else who resided in the home. Cases like this are often won with challenges to the constitutionality of the search through motions to suppress. A motion to dismiss based on an Insufficiency of the evidence can be a method of attacking as well.

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Pembroke, Massachusetts police responded to a call for a woman who claimed to have been beaten and strangled by her boyfriend, Dennis Roberts. According to reports the two were at home arguing when the defendant pushed the woman to the floor. He then tried to strangle her, threatened to kill her if she called the police and then took her cell phone. The girlfriend succeeded in calling the police who arrested Roberts. The woman was taken to a hospital in Brockton for treatment. Dennis was arraigned in the Hingham District Court. Bail was set in the amount of five thousand dollars.

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Pembroke Massachusetts Man Charged With Attempted Murder

Most likely this case will be prosecuted in the Hingham District Court rather than the Plymouth County Superior Court. While incidents of Domestic Violence are often prosecuted in the Superior Court the magnitude of the assault usually dictates where the district attorney’s office will handle the case. While this case is serious the facts pale in comparison to many instances of domestic violence. Take for example the case of Richard T. Lowry, a forty eight year old Peabody, Massachusetts man who was charged with multiple counts of domestic assault and battery, assault and battery by means of a dangerous weapon, assault with a knife, intimidation of a witness, kidnapping and attempted murder. Lowry was held without bail after it was alleged that he beat his wife while holding their infant child, kicked her with his military boots and put a knife to her throat.

The strength of Domestic Assault and Battery Cases often depends on the willingness of the victim to assist the district attorney with the prosecution. A large percentage of these cases are dismissed due to the victim’s refusal to testify against his or her spouse or significant other. If there are no independent witness to the crime then prosecuting can be very difficult if not impossible.

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Last year, on June 28, 2008 Boston, Massachusetts resident Michael Wilder was at a party in Ashland, Massachusetts. The alleged victim was there at the same time. Apparently she was not feeling well and went outside. It is at that time that the woman claims that Wilder assaulted her. The victim reported the incident that day and Wilder was arrested by members of the Ashland Police Department and charged with Rape and Assault and Battery. Charges initially issued in the Framingham District Court and bail was set in the amount of ten thousand dollars. Now that Wilder has been indicted the case will be prosecuted in the Middlesex Superior Court in Woburn. According to reports Wilder has an open drug case in Waltham as well.

Boston Man To Face Rape Charges Stemming From Incident At A Party One Year Ago

In looking at this case here are some things that a Massachusetts Rape Defense Lawyer might be looking at. What information can other people who were at the party provide? Did the victim come back into the party after the alleged and if so what was her demeanor? Is there any physical evidence, i.e. DNA, pubic hair or saliva corroborating the victim’s complaints? How long after the act was the complaint made? Why did it take over one year to indict the case? During the discovery process and in the course of trial preparation these questions will likely be answered.

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Authorities in Hudson, Massachusetts have charged John Resendes with breaking and entering, rape, assault and battery with a dangerous weapon, intimidation of a witness, assault with intent murder, domestic assault and battery, kidnapping and resisting arrest. According to reports at 4:30 in the morning Resendes broke into a woman’s, entered her bedroom and assaulted her. The woman was someone with whom Resendes had a relationship. The possible cause of the incident stems from Resendes seeing her with another man earlier in the day. As the woman tried to escape the attack the defendant threw her to the ground and sexually assaulted her. She was able to call 911. The prosecution further claims that Resendes threatened the victim with a knife by holding it against her throat and suggesting that he would kill her. All charges are now pending in the Marlborough District Court. Resendes is being held without bail. The victim refused medical treatment.

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Massachusetts Man Charged With Sexual Assault, Kidnapping

In the context of this case all of these charges are serious. The rape charge itself carries a potential life sentence. Factually however this charge is not supported by this article. To be convicted of rape the district attorney must show that the defendant (Resendes) engaged in sexual intercourse, either natural or unnatural with the complainant; and that the sexual intercourse was accomplished by compelling the complainant to submit by force or threat of bodily injury and against her will. Natural intercourse consists of inserting the penis into the female sex organ. Unnatural sexual intercourse includes oral and anal intercourse, including fellatio and cunnilingus, and other intrusions of a part of a person’s body or other object into the genital or anal opening of another’s body. Either natural or unnatural sexual intercourse is complete on penetration, no matter how slight, of a person’s genital or anal opening. In addition to the vagina, the female genital opening includes the anterior parts known as the vulva and labia. Penetration into the vagina itself is not required. The article makes no mention of what acts Resendes committed to satisfy the elements of the crime of rape.

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Last Saturday John Murphy, a twenty two year man from Marblehead, Massachusetts was arrested and charged with rape of a child with force and drugging a person for sexual intercourse. He is now being held on a fifty thousand dollar bail that was set in the Lynn District Court. According to reports the victim is a fourteen year old girl. She was at a local playground two weeks ago and met with the defendant. Shortly thereafter police were called to the playground where they found the girl passed out. She was taken to a local hospital and then Boston’s Children’s Hospital where she underwent a sexual assault screen and full toxicology examination. Alcohol and prescription drugs were found at the scene. From the article it is unclear how the police linked Murphy to the assault and just what if anything Murphy did to the girl.

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Massachusetts Man Held On High Bail After Serious Sexual Assault Allegations

The sexual assault charges Murphy faces are extremely serious. Drugging a person for sexual intercourse is a felony in Massachusetts in accordance with Massachusetts General Laws Chapter 272 Section 3. The law states that anyone who causes someone to take drugs with the intent to overcome that person’s will so that he or she can have sexual intercourse with the person is guilty of this crime. The punishment is not less than ten years in state prison and up to life in prison. The crime of rape is also punishable by as much as life. Facts that defense lawyers would like to know about this case are as follows: What does the victim remember? Is there physical evidence such as semen or DNA from Murphy that links him to the girl? Were there any other witnesses to the alleged acts? What was in the girl’s system? What evidence at the scene can be linked to the defendant?

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