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Assault and Battery on Police Officer Defense

I was recently reading and article in the Lawrence Eagle Tribune about Methuen, Massachusetts police officers with assault arrests in their background. The article, written by Douglas Moser on July 16, 2015 identifies two Methuen officers charged with violent crimes. One was facing with assault and battery by means of a dangerous weapon. The other was charged with assault and battery on police officer, resisting arrest and disorderly person. All cases were dismissed. None of this prevented the men from becoming police officers. I have no problem with this. However, when reading the article I am reminded about the hurdles attorneys face when defending assault and battery on police officer cases. Continue Reading

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Cruelty to animals is a crime, but in terms of being reported as a crime on the National Incident Based Reporting System, instances of animal cruelty have always been reported under the category of “all other offenses”. The U.S. Department of Justice Federal Bureau of Investigation recently announced thCriminal-Defense-001at this practice is about to change and that instances of animal cruelty will be reported as their own crime, WCVB5 News reports. Continue Reading

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When Toy Guns Look Real

Boston police have recently called for legislation to be put into place concerning toy and replica guns. Not only are BB guns and air rifles commonly used by teens to commit acts of vandalism such as the destruction of property. In light of the recent rash of highly publicized instances of police shooting innocent people and people starting to fire shots back at the police, law enforcement officers have been on high alert when it comes to identifying potential shooting threats. Since officers are on edge and are concerned about their safety while on the job, things can get very dangerous very quickly if an officer mistakes a toy gun for the real thing. When toy guns look real confusion ensues. Continue Reading

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Pretrial Probation for a Felony or a CWOF For a Misdemeanor

Anytime you can dispose of a criminal case and not have a record you should really think about taking the deal that is on the table. Unless there are potential collateral consequences the risk of going to trial usually outweighs the reward. Obviously this is not always the case. There are times when an experienced lawyer will be confident recommending challenging a constitutional violation or having a jury waived trial over a pretrial resolution. But usually the opportunity for pretrial probation or a continuance without a finding is preferred. There are however times when a decision between pretrial probation for a felony charge or a CWOF for a misdemeanor must be weighed. Here are some thoughts on that dilemma. Continue Reading

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Furnishing Alcohol To Minors

Massachusetts General Laws Chapter 138 Section 34 makes it a crime for anyone to knowingly furnish alcohol to someone under the age of twenty-one. This law is strictly enforced. Typically we see an increase in these charges around this time of year. Graduation parties and gatherings after prom tend to grab the attention of law enforcement. Neighbors complaining about noise, traffic congestion and large assemblies of young people trigger a visit from a local patrol officer. Their response is predictable. Enter the property where the party is being hosted. Question its patrons about their age, take a look into windows and doorways and contact the adult host. Once the officers learn that alcohol is being consumed by minors names are taken, the party is broken up and criminal applications and summonses issue. Furnishing alcohol to minors in Massachusetts is now considered a serious crime and if you are charged with it you need to hire a lawyer.  Continue Reading

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Heroin Trafficking

At the end of June, police stumbled onto evidence of heroin trafficking activity while investigating a home invasion, which lead to the discovery of one of the largest drug crimes ever in New England. WMUR9.com News reports that more than $2.2 million dollars worth of heroin cut with fentanyl (a highly potent opioid) was recovered along with over $200,000 in cash. Continue Reading

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The Police Want To Talk To Me…What Should I Do?

Several times each month I get a similar call from a perspective client telling me that “the police want to talk to me…what should I do?”. My advice never waivers. I have always been consistent in my belief that nothing good comes from talking to the police. Again today I received one of these calls. This call made me think about a certain patterns of conduct that police engage in and my assessment of their reasons for doing so. Here are my thoughts on that subject. Continue Reading

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Defending Date Rape Allegations in Massachusetts

When someone is charged with rape in Massachusetts the indictment reads that the defendant “did unlawfully have sexual intercourse or unnatural sexual intercourse, with the named victim and compelled said person by force and against her will, or compelled said person to submit by threat of bodily harm”. Those words are read to the jury just before opening statements. The jury has already been impaneled and sworn. The defendant stands alone while the clerk reads those words. Nothing in those words qualifies or describes the act in any way. You are charged with rape. So, defending date rape allegations in Massachusetts is serious. These allegations are incredibly terrifying for the accused. Continue Reading

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Threatening To Commit A Crime

Many people in Massachusetts underestimate the power that making a threat can have. Most people think that a threat is just words and that it is okay to make idle threats when you are mad. However, Massachusetts law enforcement takes threatening to commit a crime very seriously. Below are a few recent news reports in which people were charged with threatening to commit a crime, to illustrate just how common these cases are. Continue Reading

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Involuntary Manslaughter and Gun Charges

Early this month, a Boston man was convicted for involuntary manslaughter for the death of a victim who died from a fatal asthma attack, wbur.com reports. In January of 2012, Michael Stallings, 26 years old, instigated a shooting on a group of men, allegedly as an act of gang violence. While not a single bullet hit any of the men, the incident triggered an asthma attack in one of the men, Kelvin Rowell, age 40, as Rowell was fleeing from the perceived danger of the shots fired. Rowell was a bystander and not part of the alleged gang quarrel. Rowell was taken to the hospital where he stayed for over a month before he ultimately fell into a coma and died. Continue Reading