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On April 11, 2014 the Massachusetts Supreme Judicial Court held that the emergency aid exception to the search warrant requirement applies to animals. The case, Commonwealth v. Duncan was reported to the Court by a Superior Court judge after ruling in favor of the defense on a motion to suppress evidence seized during a warrantless search.  This issue had never been addressed by the Massachusetts SJC. The facts and rulings are discussed below. warrant Continue Reading

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Yesterday I received a call from a client. He told me that the police in a certain suburban Boston, Massachusetts town wanted to talk to him about a sexual assault. When pressed he learned that the allegations were hideous – rape of a child. He had absolutely no idea what the police were talking about. He wanted to talk to them and I told him not to under any circumstances. Fortunately the man took my advice. With a little digging we learned more about the allegations. The man is married. He recently caught his wife cheating on him. They have three children together. She applied for a restraining order against him. It was not granted. Consequently she called the police and told them that she had been having sex with him since before her sixteenth birthday. This post articulates reasons why I tell all clients never to talk to the cops. sexual-assault_jpg_475x310_q85 Continue Reading

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Today’s Lawrence Eagle Tribune has an article about two Lawrence men who were trying to melt a gun in a microwave at a local hotel. Socorro Vargas-Martinez and Hector Perez were renting a room at the hotel in which there was an explosion. Investigating officers determined that the explosion originated from within the microwave as the gun was being cooked. The firearm had an obliterated serial number and it is theorized that perhaps the two were trying to melt that number off of the weapon. Charges were filed against both for malicious destruction to property over $250 and possession of a firearm with an obliterated serial number. This post looks at what happens in Massachusetts when you obliterate the serial number on a firearm.Obliterated Serial Number Continue Reading

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Cape CodToday’s Portland Press Herald reports that two Massachusetts residents have been apprehended in Maine and will be brought back to Falmouth to face felony charges. Leah Wiinikainen and David Byron were allegedly involved in a shooting over the weekend. Details of the Massachusetts case have not been released however Byron has been charged with assault with intent to murder, assault and battery by means of a dangerous weapon, unlawful possession of a firearm and more. Wiinikainen was charged with being an accessory after the fact. This post examines the crime of accessory after the fact, when it is prosecuted and some defenses to the charge.  Continue Reading

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A Melrose man recently found himself arrested and inviolation of his probation when he was caught drug dealing by Lawrence police. The Lawrence Eagle Tribune reports that Mohamed Soltani had previously been prosecuted in Boston for drug dealing and was placed on probation and ordered to wear a GPS Monitoring Bracelet on his ankle. But authorities claim he continued drug dealing and engaging in a variety of other illegal activities. Continue Reading

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drug trafficking sentencesToday’s Metrowest Daily News reports that Massachusetts House of Representative leaders are considering a proposal that would increase the potential sentence of for heroin trafficking offenses. The suggested law is a reaction to the recent increase in heroin overdose deaths. This legislation would increase the maximum sentence that can be imposed on heroin dealers from twenty years in state prison to thirty years in state prison. Further details of the law were not discussed in the article. This post discusses this proposition.   Continue Reading

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The Brockton Enterprise reported today that authorities have charged an unidentified man with possession of a shotgun. The man threatened suicide and the police were called to the scene. The police ultimately entered the man’s home and found firearms and ammunition. It was then determined that the man did not have an FID card. This article examines the consequences of unlawful firearm possession in Massachusetts. Shotgun Continue Reading

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Today’s Newburyport News reports that a two week long drug investigation has led to the arrest of two Amesbury, Massachusetts residents.  Jesus Ruiz and Sandra Magrath were apparently present when officers raided their Whitehall Road home a couple of days ago.  Both were charged with trafficking cocaine and a heroin related felony as well as conspiracy to violate the Massachusetts drug laws.  None of the details of the investigation were disclosed however it has been reported that a related search of another home resulted in three more related drug arrests.  The dearth of details here suggests the use of a confidential informant to provide information about how Magrath and Ruiz were operating.  This post looks at the problems prosecutors often have winning cases where informants are used.

Heroin Trafficking and Possession Defense

Heroin Trafficking and Possession Defense

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massage-parlor

Sex For a Fee Defense

Several times in the past I have written about Massachusetts Human Trafficking cases and what I perceive as the prosecution stretching prostitution charges into human trafficking cases.  The human trafficking cases are more serious than sex for a fee matters.  I commented that people willingly involved in the world’s oldest profession would, under certain circumstances complain that they were victims and not willful criminals making good money for their services.  Earlier today I read about a case in Newburyport where a woman, Huitong Huo was arrested and charged with sex for a fee after an undercover investigation disclosed that she was offering sexual services at her massage parlor.  Interestingly enough, it was the defendant’s lawyer who suggested at the arraignment that Huo might have been a victim of human trafficking, not a criminal.  Her defense is one of coercion.  In other words, Huo is deflecting her responsibility to someone else.  This article examines how this defense might be implemented in this case. Continue Reading

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It is truly amazing how many people charged with crimes in Massachusetts feel a tremendous sense of relief when they resolve their case by being placed on probation. They have avoided the uncertainty of their sentence should they lost at trial. They walk away from the courthouse wiping their brow.The weight of the world is no longer on their shoulders. They are, in their minds free. For some people this feeling lasts forever. For others it lasts for a few days, sometimes even weeks. Then reality sets in. “Wait a minute” they say. “You mean I have to report to a probation officer once a week? ” “Do I really have to pay the probation department fifty or possibly sixty-five bucks a months?” Sometimes they call me up and ask if I can fix this. “Can I terminate my probation early?” This post examines some possibilities in this situation. Continue Reading