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North Shore Bank, located on Andover Street in Peabody, was robbed Thursday afternoon by two males, and police are still searching for the suspects, according to the Peabody Patch. Police were alerted to a suspicious male in the bank at approximately 2:30 p.m. The man demanded money and left with an undetermined amount, according to a Peabody detective. Surveillance videos reveal one man wearing sunglasses, a hat, and a hood demanding money from a bank teller. There was apparently no weapon, and no one was injured. Police are looking for a Toyota Camry and are asking citizens to call with any information.

From the perspective of a Massachusetts criminal defense attorney, there are several issues in this report worth discussing. First of all, the Toyota Camry is perhaps the most common type of car on the road. It has been the best-selling car in America for 10 consecutive years, according to autoguide.com. There is no indication in this article that the police are looking for a particular color, year or license plate number. There is also no indication that the police have any physical description of an operator or passenger of the Camry. This is important because in order to lawfully stop a car or a person based on a description, the description cannot be so general that it would include a large number of people. The description must be sufficiently particularized, and it has to go beyond obvious details. Here, the bare “Toyota Camry” description is extremely general. If any person is stopped in connection with this investigation, they may have strong grounds for arguing that the stop was illegal.

It might be that police ultimately receive a tip that a person is suspicious because they were seen with a large amount of cash. If this becomes the case, it should be noted that police must have a reasonable suspicion of criminal activity before they can legally stop a person, and being in possession of cash is not a criminal activity. Here in Massachusetts, where a robbery is unarmed, the government must prove beyond a reasonable doubt that the defendant used force or threat of force or assaulted and put the other person in fear. In one Massachusetts case, the Appeals Court said that a jury could find that a defendant’s masked appearance and his gestures could be a basis for fear that the defendant would use force unless his demands were complied with. In Massachusetts, the crime is punishable by life or any term of years. Bank robbery is a federal crime under Title 18, section 2113 of the United States Code. Under the federal law, bank robbery is punishable by up to 20 years.

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According to a report on Boston.com, four Massachusetts men have been charged with Rape following an incident alleged to have occurred at a Massachusetts college on October 13, 2012. Prosecutors claim that on the date of the incident the defendants texted the victim indicating a desire to go to her dormitory. She responded that she did not want them to visit. They ended up travelling to the school and were able to enter the complainants’ dorm room despite the fact that she was out at the time. She returned. By her own admission, the woman drank a couple of beers, smoked some marijuana and drank nine or ten shots of vodka. At one point one of the defendants shut off the lights. Afterwards, the four proceeded to rape her. Three left and one stayed behind and continued to rape the woman. The next day one of the accused received a text from the woman accusing him and his friends of Rape. The man texted back an apology. The woman told this defendant in a text that if she was paid two thousand dollars she would not report the incident to the police. The defendants were trying to meet the demand at the time of their arrest. Bail for each was set in the amount of ten thousand dollars cash. Three of the defendants are eighteen. The other is seventeen.

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Massachusetts Rape Defense Law Firm

Sex Crimes Defense Attorney in Boston, Rape, Sexual Assault

As a Massachusetts Criminal Defense Lawyer I look at these facts and scratch my head. Rape is a horrific crime. A rape of this nature is even more horrific. Yet if the events transpired as the woman claims I would expect to see all sorts of corroboration with her story. Did people in her dorm hear what was going on? Did she scream or cry for help? Was she being held down? Do medical records support her claims? What was the role of each of the accused in this act? Why did one of the accused stay around for a while? How long did he remain there? What did the other occupants of the dorm see? Why would someone who was raped be looking for two thousand dollars? How did the complainant know the defendants? A review of this article suggests that this event was something other than the what was described by the prosecutor in court.

This article also brings to light one of the cautions I raise in many of my blog posts. Do not talk. Do not put anything in writing. A written apology in the form of a text message can leave jurors with the suggestion that the author of the text has admitted guilt. While this is not always the case it puts the defense in the position of having to explain the meaning of the words. An apology does not necessarily mean that someone did what the accuser says he did. It does however support that complaint. An apology in the eyes of the law can be viewed as an admission of guilt. But what was this man apologizing for? For raping her? Or was this simply an apology for other behavior that does not amount to the crime of Rape?

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According to a report in the Lawrence Eagle Tribune Michael O’Connor of Salisbury, Massachusetts broke into his former girlfriend’s home this past Sunday. He allegedly attacked her and injured someone else who was present at the time. The injured party did not seek medical attention. The twenty four year old suspect is going to be charged with Domestic Assault and Battery, Malicious Destruction to Property Over $250, Malicious Destruction to Property Under $250, Breaking and Entering and Assault and Battery by Means of a Dangerous Weapon. Unless the district attorney opts to indict this case it will be prosecuted in the Newburyport District Court.

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Newburyport Assault and Battery Defense Lawyer

As a Massachusetts Criminal Defense Attorney here is something I thought interesting about the article. The police chief commented on this case and stated that O’Connor is not someone the “the public has to fear”. I understand the context of the comment to have centered on the act being one other than random and that the victim in this case was the intended target. Nevertheless, the sentiment appears favorable to the defendant and might have some influence on a resolution of this case. The suggestion is that the incident was isolated. If O’Connor has a job and no remarkable criminal record there might be an opportunity to resolve this case short of trial and in a way that will preserve his liberty.

Criminal defense lawyers know that accusations of Domestic Assault and Battery are often reported as being more dramatic than they actually were. Cases that are initially viewed as very serious can take on a different look once they are thoroughly investigated. Exaggerations get exposed. Defenses take shape. The accused no longer looks as bad as he once did in the eyes of law enforcement. Prosecutors in Massachusetts tend to charge the accused with every crime they believe has been committed. For instance, O’Connor has been charged with six or seven crimes. Usually a resolution of a criminal case contemplates the dismissal of some of the charges or the reduction of the charges to something more innocuous. Repetitive crimes might be dismissed or nolle prossed. Felonies might be reduced to misdemeanors. The more serious crimes, if not dismissed or reduced might be continued without a finding to spare a young person the stigma or collateral problems associated with felony convictions. The point is that someone in this position should not despair. Rather, they should hire an experience lawyer who is able to help them avoid a criminal conviction.

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The Brockton Enterprise reports that Nichole Powell, a thirty seven year old Brockton, Massachusetts woman is claiming that she acted in self-defense in relation to a stabbing incident alleged to have recently occurred. Powell has been charged with Assault and Battery by Means of a Dangerous Weapon. The alleged victim in this case is the defendant’s former roommate. Powell claims that the woman along with nine other people arrived at her apartment supposedly to recover some of her belongings. The roommate then tried to break through the door. Prosecutors say that upon arrival Powell’s son hit the woman in the face and Powell followed up by stabbing her several times. Powell denies those allegations and identifies the former roommate as the initial aggressor. The case is pending in the Brockton District Court.

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Lawyers Who Defend Stabbing Cases in Massachusetts

From the perspective of a Massachusetts Criminal Defense Lawyer two thoughts immediately come to mind when reading this article. The first is obvious. Did Powell act in self-defense. The law in Massachusetts is clear on this issue. People are allowed to use a certain amount of force to defend themselves from an attack. The question of whether or not self-defense occurred in a particular case is for the judge or jury to decide after weighing the evidence adduced at trial. The issue becomes live when the evidence, viewed in the light most favorable to the defendant raises this issue. A person in Massachusetts is permitted to use reasonable force necessary to defend himself from a physical attack. To overcome this defense the district attorney must prove beyond a reasonable doubt that the defendant did not act in self-defense. The use of a dangerous weapon changes the analysis somewhat. To avail oneself of self-defense with the use of a dangerous weapon the accused must have reasonable ground to believe that death or seriously injury was imminent. Thus, here Powell would have to reasonably believe that she was about to be attacked and that she was in an immediate danger of being seriously injured or killed. Was this reasonable here? Quite possibly. Powell was at her own home. The former roommate tried to break in. She was accompanied by nine other people. This might be the type of case where a jury or judge would believe that Powell acted in accordance with the law.

Here is the second thought I had when reading this article. Massachusetts has a law commonly know as the “Castle Law”. It is codified in Massachusetts by G.L. c. 278 Section 8A. The law states that any occupant of a dwelling charged with killing or injuring someone unlawfully in the dwelling can set forth as a defense that he or she “acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling”. The accused is required to use reasonable means to defend himself and there is no duty to retreat. The circumstances of this case might implicate this defense.

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Recently, five men were arraigned on charges of sex for a fee and enticement of a person under eighteen in the Boston Municipal Court after a Boston police sex trafficking sting. Another man failed to appear in court and a warrant issued. Four of the men were released on personal recognizance while one was held on $1,000 bail due to his criminal record. Prosecutors allege that the six accused contacted Boston police officers posing as young girls on the Internet for sex. The men allegedly agreed to meet with the fictional teenage girl at local hotels. Each of the defendants allegedly described their clothing and gave their phone numbers. Once a suspect was in sight, police called the numbers and the defendants’ phones allegedly rang. Prosecutors told local media that a similar sting was conducted in August, after which five men were arrested for allegedly soliciting sex from officers posing online as a 15-year-old.

Under “An Act Relative to Commercial Exploitation of People,” signed into law by Governor Patrick on Nov. 21, 2011, enticement of a person under the age of 18 by electronic communication to engage in prostitution, human trafficking, or commercial sexual activity is punishable by up to 2 ½ years in the house of correction or by up to 5 years in the state prison. “Enticement “ includes any of the following: luring, inducing, persuading, tempting, inciting, soliciting, coaxing or inviting. The offense is considered a sex offense involving a child and a sexually violent offense. The law also created a fund for victims and “safe harbor” provisions to protect child victims from being prosecuted. A second or subsequent offense carries a 5-year mandatory minimum state prison sentence. Massachusetts was ranked among the most improved states in anti-trafficking in the country following enactment of the law. Massachusetts is now ranked in the top four, along with Washington, Minnesota and Texas.
Suffolk District Attorney Daniel Conley told local media that one goal is to reduce the demand for human trafficking. In a Boston police statement, the department said that the Human Trafficking Unit is “committed to ending the exploitation of young people” and will continue to seek out and prosecute those who do so. According to Attorney General Martha Coakley’s office, approximately 27 million people are trafficking worldwide.
Sexual exploitation is the most widely reported type of human trafficking because it is generally more visible, but other more “underground” forms include forced labor, forced marriage, domestic servitude, and organ removal.

The relatively new legislation also targets organ trafficking, which is punishable by up to 15 years in state prison or a $50,000 fine, or both. There has been a rise in human organs, mostly kidneys, being sold on the black market. Organ trafficking involving a person under 18 carries a 5-year mandatory minimum sentence.

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According to a report in Today’s Peabody, Massachusetts Patch, the mayor of the Essex County city is promoting the passage of a law limiting the location where convicted sex offenders can appear. The proposal targets child sex offenders. If passed the law would be the first of its kind in Massachusetts. In a nutshell, here is how the law would work:

1. There would be the creation of “child safety zones”. The areas covered would be sports facilities and fields along with the associated parking lots. Also included are parks, arcades, beaches, pools, libraries and recreation centers.

2. The targeted Sex Offenders would be anyone who has been classified either a level 2 or level 3 sex offender by the Massachusetts Sex Offender Registry Board (SORB)or someone who has been adjudicated a Sexually Dangerous Person by the courts. Additionally, the victim of the sex offender’s crime would have to have been a child under the age of sixteen. Among the crimes for which the sex offender would have to have been convicted are Rape, Child Pornography, Child Kidnapping, Indecent Assault and Battery, Assault With the Intent to Commit Rape and more.

3. There are some exceptions carved into the rule. Level 1 sex offenders or people whose registering obligations no longer exist would be excluded. It would be permissible to enter the restricted area for the purpose of voting, to attend a religious service and for school parenting activities.

4. Implementation of the law would start with posting of maps of Child Safety Zones and notification sent to the offenders. Violations of the law would result in criminal charges and/or fines.

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Peabody, Massachusetts Sex Offense Defense Law Firm

Massachusetts Sex Crimes Defense Lawyer

As a Massachusetts Criminal Lawyer I see endless problems with a law like this one. When someone in Massachusetts is convicted for a Sex Crime he or she receives a sentence from the judge. That sentence is likely to include a term of incarceration and a period of probation. Once the probation is terminated that person has paid his debt to society. While there might be some collateral consequences to the sentence, i.e. the requirement to register as a sex offender, the sentencing judge assumes that what is imposed on the offender serves its intended punitive purpose. The proposed ordinance essentially adds terms of probation not imposed by the court nor contemplated by the court. Furthermore, a violation of the “probationary conditions” established by the ordinance would constitute a criminal offense not contemplated by the legislature, sentencing judge and district attorney at the time of sentencing. If passed, I can see countless challenges to this law in both the trial courts and the Massachusetts Appellate Courts.

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Framingham, Massachusetts police responded to a call on Route 9 early yesterday morning after a security guard at a local apartment complex heard a car crash. When officers arrived they found seventeen year old Jefferson Deandre behind the wheel of a stolen Camry. Another unnamed passenger was observed in the back seat suffering from what have been described as serious injuries. The incident occurred sometime around 2:30 in the morning. Another passenger, Joel Figueroa fled into the woods where he was apprehended by the police. Figueroa also sustained injuries. During interrogation by the police Deandre admitted to stealing the car. He provided the location from where he had taken the vehicle as well. He was subsequently charged in the Framingham District Court with Receiving Stolen Property Over $250, and Larceny of a Motor Vehicle. Figueroa was charged with variations of the same crimes.

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Car Theft Defense Law Firm in Massachusetts

Massachusetts Larceny Defense Lawyer

Larceny of a Motor Vehicle in Massachusetts is a felony pursuant to Massachusetts General Laws Chapter 266 Section 28(a). The law states that anyone who knowing steals a motor vehicle can be punished by up to fifteen years in state prison or up to two and one half years in the house of correction. Here is an interesting aspect to this law. The charges cannot be continued without a finding. For people convicted for a second or subsequent such offense there is a mandatory minimum one year jail sentence. To prove someone guilty of this crime in Massachusetts the prosecution must prove beyond a reasonable doubt three elements: 1) that the accused took a motor vehicle; 2) that the vehicle was owned by someone else; and 3) that it was the defendant’s intention to do so with the intent to permanently deprive the owner of the vehicle.

Usually Larceny of a Motor Vehicle is charged with the Crime of Use Without Authority. That crime is identified under the same statute. That crime is also known as “joyriding”. The punishment for a conviction for joyriding is the same as Larceny of a Motor Vehicle in Massachusetts. The reason that both crimes are charged together stems from the fact that prosecutors may not be certain of the defendant’s intent so they want to leave options open. For instance, if the accused is charged with Larceny of a Motor Vehicle only his defense might be that he only intended to drive around in the car and return it later. If the jury believed him he would be acquitted of the Larceny of a Motor Vehicle charge even though he admitted to having committed another crime. Thus, the two are typically charged simultaneously.

There are defenses to these the crimes discussed in this post making it important for anyone accused to hire an Experienced Massachusetts Criminal Lawyer.

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Three days ago East Bridgewater, Massachusetts police responded to a call for a woman acting “out of control”. The woman, thirty one year old Kerrilee Zimmerman apparently went to her brother’s home, accessed a locked firearm in the house and started shooting. Several bullets went through a wall and hit a neighbor’s house. The suspect’s brother who reportedly called the police had concerns that the incident was triggered by possible drug usage. The caller found his sister lying on a bed with the gun pointed towards her chest. An ambulance arrived to take Zimmerman to the hospital for an examination. She refused and purportedly fought with two police officers. Zimmerman has been charged with Carrying a Firearm, Unlawful Possession of Ammunition, Assault and Battery on a Police Officer, Malicious Destruction to Property Over $250 and Discharging a Firearm Within 500 Feet of a Dwelling. The case is pending in the Brockton District Court where Zimmerman will be arraigned tomorrow.

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Malicious Destruction to Property Charges, Massachusetts

So what typically happens to a defendant in a case like this one? A lot depends on her criminal history. If Zimmerman does not have a criminal record it would not surprise me to see this case continued without a finding, particularly if drugs caused Zimmerman’s behavior. Judges and prosecutors are sympathetic to people who have drug problems. When the accused does not have a criminal record and drugs led to the crime efforts are made to get the accused help rather than to saddle him or her with a criminal conviction or jail time. The victims in this case can be adequately compensated for their monetary losses. Police officers are inclined to agree to case resolutions that help get people on the right track in cases like this one as well. The police are not necessarily inclined to insist on a conviction. Rather, they want assurances that the activity will not be repeated and the accused gets her problems properly addressed.

In my experience psychological evaluations can be helpful in getting the prosecutor and judge to agree to a favorable disposition. This involves engaging a forensic psychologist, preferably one who works for both the prosecution and defense regularly. This person will meet with and evaluate the accused to prepare a report known as an aid in sentencing. With the report comes a diagnosis that explains the causes of the defendant’s behavior and often recommendations on how to prevent a recurrence in the future. A continuance without a finding with probationary conditions that embrace the substance of the aid in sentencing report is many times the result of the case. The report helps the district attorney and judge understand the problems from which the accused is suffering. The report also provides professional strategies to address the problem.

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Last week Massachusetts State Police and Marlborough Police surveilled 21 Preston Street, the home of Joshua Chevez a twenty year old Marlborough resident. Once Chevez arrived home he was handcuffed. The police then executed a Search Warrant at the residence. During the search authorities located Drug Paraphernalia (digital scales and baggies), thousands of dollars cash and some packaged marijuana. Residue on the scales was confirmed to be cocaine. Officers also seized cell phones, cars and a laptop. While detained Chevez confessed to Selling Marijuana and Distributing Cocaine. He stated that he sold around two ounces of cocaine per week to Marlborough residents. Chevez admitted that he buys his product from a Drug Dealer in Lynn, Massachusetts and a Drug Dealer in Lawrence, Massachusetts. Chevez also confessed to Distribution of Marijuana. He was charged with a School Zone Violation, Possession With Intent to Distribute Cocaine, Drug Conspiracy and Possession With Intent to Distribute Marijuana. Chevez defaulted on his arraignment and a warrant has issued for his arrest. Chevez has other pending Massachusetts Drug Charges including one in Lawrence for Possession With Intent to Distribute Class B along with some Massachusetts Theft Crimes; Breaking and Entering and Receiving Stolen Property. His cases are pending in the Marlborough District Court and may eventually be prosecuted in the Middlesex County Superior Court in Woburn.

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Massachusetts Drug Distribution Defense Law Firm

Marlborough, Massachusetts Cocaine Charge Defense Lawyer

As I have mentioned in many prior posts, Chevez’s first mistake was to talk. Had he not spoken with the police there would have been many more defenses to the Massachusetts Drug Charges he is facing. But he did not. Rather, he confessed to having committed some serious Massachusetts felonies. It is pretty clear that he was release from custody on a low bail due to his willingness to cooperate with the police. While this might appear to be an attractive offer to someone who has just been arrested, it is ill advised to cooperate with the police without proper representation from an Experienced Massachusetts Criminal Lawyer. Neither Chevez nor anyone in his position is capable of working an effective, beneficial cooperation agreement without the assistance of a lawyer. Now, being in default has exacerbated Chevez’s problems and he is in need of proper representation. Silence is the best defense to police questioning if you do not have a lawyer advising you otherwise. The large majority of cases that I handle would never have amounted to Massachusetts Criminal Cases had the defendant not spoken with the police. The rule is simple: avail yourself of your constitutional right to remain silent and hire a lawyer immediately.

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The recent Massachusetts drug lab scandal is proof positive that in Massachusetts there is always hope no matter how serious the crime. Whether you have been convicted or charged with any of the Drug Crimes in Massachusetts you should hire an Experienced Massachusetts Criminal Lawyer. A good lawyer can always help you no matter how serious the crime for which you have been charged or for which you have been convicted. As proof, just take a look at what is going on in Massachusetts right now.

Thirty four year old Annie Dookhan of Franklin, Massachusetts worked for nine years at the Hinton State Laboratory Institute in Boston. It is alleged that Dookhan provided false test results for a two to three year period. In some instances, Dookhan never even tested the substance. Dookhan has admitted to forging a colleague’s initials and converting negative tests to positive tests. According to reports, Dookhan’s work had an impact on thirty four thousand defendants. She allegedly tested over sixty thousand drug samples and it is estimated that around one thousand one hundred inmates are involved in cases where Dookhan was the state’s primary or secondary chemist. Today, Dookhan was arraigned on two counts of Obstruction of Justice and a single count of pretending to hold a degree from a university. The matters are pending in the Boston Municipal Court.

One of the consequences of Dookhan’s actions has been the release of prisoners from the county house of correction or state prison. About a week and a half ago a forty nine year old man was released from jail after being permitted to withdraw his guilty plea for a reduced Massachusetts Oxycontin Trafficking charge. That case, a Norfolk County Drug Case is believed to be the first in which someone effected by Dookhan’s actions has been released. Many more have followed. Prosecutors in some counties have taken the approach that any case involving Dookhan is tainted and warrants a new trial at a minimum. People involved in many these cases have been released for custody. In other counties prosecutors are scrutinizing each case individually. One district attorney’s office has taken the position that anyone who has entered a plea bargain and benefited by a reduced sentence or charge is not entitled to a new trial or withdrawal of his or her guilty plea even if Dookhan was involved in analyzing the drugs. Our office has taken to position that regardless, the constitutionality of the conviction should be challenged. At a minimum a motion to stay the sentence and for the release on bail should be awarded until the prosecution is able to argue with certainty that the conviction is not tainted by Dookhan’s actions.

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