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The Lawrence Eagle Tribune recently reported that an American Revolution memorial honoring the Methuen men who fought in the Revolutionary War was struck and damaged by a drunk driver. A Haverhill man was allegedly drunk at the time of the accident and exhibited erratic driving behavior both before and after striking the memorial with his vehicle, witnesses reported. The Tribune notes that Haverhill police arrested the driver of the car and charged him with driving under the influence of alcohol.  The Methuen police will charge him with speeding and leaving the scene of an accident after causing damage to property. Continue Reading

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Several times each month I get a call from a local college student asking me questions about a crime that he or she has just been charged with. Most of the crimes are minor misdemeanors; shoplifting, trespassing or being a minor in possession of alcohol.  Some of the charges are more serious such as assault and battery, drug possession or drug distribution. Very few of these kids have criminal records and almost all of them will continue not to have a criminal record if they are properly represented. The problem is that most of them do not want an effective lawyer.  They want to represent themselves. The reason is two-fold. First, they do not have enough money to hire a lawyer.  Second, they are afraid of asking their parents for the money because they don’t want them finding out what they did.  As explained in this article this is a big mistake. Continue Reading

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Here we go again.  Police in Lawrence, Massachusetts see a car with Maine license plates.  The car contained two female occupants later identified as Donna Jarvis and Tara Burton.  The actions of the women suggested to the police that a drug deal was in the works.  Another car arrived, in which the transfer of money for drugs took place.  The vehicles separated and drove away.  Both were stopped.  The women from Maine were charged with possession with the intent to distribute cocaine and heroin.  Both of these charges are felonies in Massachusetts.  However, the facts of this case tell me that the cases against these two have been unfairly and that both should be charged with no more than possession.  This post explores that sentiment.   Continue Reading

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A local newspaper reports that three individuals, one from Lawrence, Massachusetts, the other two from Maine, have been charged with various Massachusetts drug crimes involving heroin.  Now had the folks from Maine read my blog or any criminal defense publications they might not be in trouble right now.  The facts of this case are suspiciously familiar.  The scenario seems to be reported weekly in the local papers.  Here is what the cops say happened.  An officer sees a car with Maine.  An Hispanic male goes up to the passenger and hands her an item.  The passenger is confronted by the police.  She denies having any drugs.  The driver apparently went into a gas station.  When he comes out he is confronted by the police.  He confesses to buying ten grams of heroin.  All three, the driver, his passenger and the purported dealer are charged with possession of heroin and trafficking heroin.  Here are my thoughts on this case: Continue Reading

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An article I recently read in the Newburyport News once again got me thinking about traffic stops and probable cause.  The defendant in this case, Luis Peguero was allegedly driving with headphones on.  He was stopped.  Police dispatchers provided ifig2nformation that Peguero had used an alias and had a criminal record.  Consequently, his car was searched.  Cocaine was found in a hide.  The police found enough drugs to charge Peguero with trafficking cocaine in excess of one hundred grams.  This post examines probable cause in the context of motor vehicle stops under the circumstances of this case.  

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Local news outlets are reporting that a fifty-six year old Connecticut man has been arrested and charged with child enticement in Massachusetts federal court.  The complaint alleges that Paul Hinkel tried to entice a minor into having sex with him.  Hinkel responded to a Craigslist post generated by undercover federal agents.  The listing directed interested parties to an email address.  Email exchanges between Hinkel and someone posing as the minor’s mother disclosed negotiations and plans for completing the act.  When the Hinkel arrived at the meeting location he was met by federal agents and arrested.   Continue Reading

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It is the right of the district attorney and the defendant to call witnesses to testify at trial.  Most people dread the process.  They don’t want to get up before a jury, take an oath and testify against someone.  Others don’t want the inconvenience of sitting around a courthouse for hours, waiting to be called to the witness stand.  Some people are afraid that if they testify they might get in trouble themselves.  It is this last category of people who call my office asking me for help.  This post examines your rights and obligations when called to testify as a witness at a criminal trial in Massachusetts.   Continue Reading

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Browsing the Internet today I saw a story about a twenty two year old man being charged with statutory rape in Massachusetts.  The man, Matthew Pos was arrested out of state and is being held pending a rendition hearing.  Rendition is the process of one state sending a suspect in a criminal case to the state where the criminal charge is pending.  All states have some sort of rendition law.  Some people refer to this process as extradition.  This post provides a synopsis of how rendition laws work and when they should be challenged or waived.   Continue Reading

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There are many areas in Massachusetts where concentrations of drug trafficking arrests are made.  Some are in the inner cities.  Some are in economically challenged suburbs.  Others are on major highways that connect Massachusetts to neighboring states.  This last category of cases gives me the most concern and often leads me to believe that my client’s constitutional rights have been violated.  That is for one simple reason.  The percentage of drug trafficking arrests made after stops on these roads involving out of state license plates is proportionally higher than those involving Massachusetts license plates.  To me this is nothing less than profiling.   Continue Reading

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If you are wondering just how prevalent prostitution cases are in Massachusetts just open you local newspaper.  At least once a week you can read about a local prostitution sting.  If you want more detail just perform some basic Internet searches such as “prostitution arrest” in “your town”.  You will quickly learn that the world’s oldest profession is conducted everywhere.  No longer is prostitution simply associated with street hookers parading down the red light districts of major cities.  Now, sex is advertised and sold in every town.  Just go to Craigslist or Backpage and search for dates or massage services.  Manicures and nail services are often code for sexual services as well.  Recently, law enforcement has been focusing on flushing out the demand for sex rather than the supply.  They do this through “stings”, the subject of this post.   Continue Reading