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Brian Addeo Was convicted in April of 2010 for a variety of Sex Crimes in Massachusetts. According to reports, Addeo pleaded guilty to Unnatural Rape of a Child, Rape of a Child, Indecent Assault and Battery, Kidnapping and Aggravated Rape in the Worcester Superior Court. Addeo, who had already served five years at the time of the plea was sentenced to six years in jail. Once released from custody he was placed on lifetime parole and ordered to wear a GPS device. On March 11, 2011 Addeo removed the GPS monitor and fled Massachusetts for Maine. Now he will likely face a parole violation that could result in a life jail sentence.

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http://www.milforddailynews.com/highlight/x1840139915/Rapist-suspected-of-taking-off-monitor-still-held-in-Maine

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Lifetime Parole in Massachusetts

Massachusetts General Laws Chapter 275 Section 18 sets out the law for Lifetime Community Parole in Massachusetts. In a nutshell, the law states that anyone convicted of certain designated Sex Offenses in Massachusetts may be subject to community parole supervision for life. The law affords the defendant the right to a hearing. The hearing can be requested by the district attorney after conviction and before sentencing. The law also permits the defendant in certain circumstances to request a hearing, again after conviction and before sentencing. The standard for imposing lifetime community parole is proof by clear and convincing evidence. This law was tempered in part in 2005 after the Supreme Judicial Court’s holding in Commonwealth v. Pagan. There, the Court held that this law was unconstitutional as applied to first time offenders. The Court went further to state that any second and subsequent offenses must be charged as such before lifetime community parole can be imposed.

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Thomas Donahue of Ayer, Massachusetts is a level three sex offender. He now stands accused of making videos of naked boys on the internet. Agents went to arrest him at his home the other day unsuccessfully. It is believed that Donahue is now on the run. Donahue has been under investigation since he sent Child Pornography to an undercover officer in Canada back in October of 2008. Suspicions were corroborated when a Colorado man was found with Child Porn on his computer. The man cooperated with Federal Agents and Donahue was caught sharing files with this man’s computer. According to reports Donahue convinced boys between the ages of ten and sixteen to take off their clothes and perform sex acts while being filmed with a webcam. Eventually Donahue’s computer was seized. On it authorities found thousands of images and videos the majority of which contained Child Pornography. Donahue has a prior Sex Crimes conviction.

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http://www.nashobapublishing.com/ayer_news/ci_17591654#

All states have Child Pornography statutes as does the Federal Government. One of the most encompassing federal statutes dealing with this crime is 18 USC § 2251. As applicable to this case the statute make it a crime for anyone to use a child for visual depiction in sexually explicit conduct. A conviction for a violation of this law subjects the accused to up to thirty years in prison. For someone with a prior conviction such as Donahue it is likely that if convicted his sentence will be extremely high.

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Just under a month ago police from Lawrence and Methuen Massachusetts along with the FBI started an investigation after an FBI informant made a significant disclosure to authorities. Supposedly, Tony Diaz was offering free drugs to the informant. In return Diaz expected the man to kill someone who had been skimming drugs. With this information meetings with this informant and another were held with Diaz and under police monitoring. It is alleged that during these meetings Diaz gave the informants Cocaine and Heroin. Diaz told the informants that the target had stolen over one hundred grams. It is further alleged that during the final meeting Diaz gave the informant a loaded .38 caliber revolver with instructions to shoot the target in the face. Diaz denied the allegations during a post-arrest interrogation. He has been charged in the Federal District Court for the District of Massachusetts.

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http://www.eagletribune.com/local/x740871448/FBI-arrests-Lawrence-man-in-murder-for-hire-scheme#

Massachusetts Federal Criminal Defense Lawyer

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The crime of murder-for-hire in federal court is codified under 18 U.S.C. §1958. The law states that anyone who uses interstate facilities with the intent to commit a murder for money or other compensation shall be punished. The prosecution must prove that the defendant used or caused someone else to use the interstate facility (here the use of cell phones) with the intent that the murder be committed. In a case like this the informants will have to testify unless the conversations were recorded. It would be interesting to hear exactly is on those recordings particularly where Diaz denied the murder-for-hire charge but admitted to Drug Distribution and Possession of the Firearm.

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Members of the Seekonk, Massachusetts Police Department executed a Search Warrant at 79 Back Street last Thursday. As a result, five people were arrested and charged with various Drug Offenses. Specifically, according to EastBayRI.com charges of Possession With Intent to Distribute Class D and Conspiracy to Violate the Controlled Substances Laws were filed in the Taunton District Court. Another source claims that the issuance of the Search Warrant came on the heels of a two month investigation. A third source states that one of the accused is charged with Possession of Crack Cocaine, others with Distribution of Marijuana. In all twenty two bags of marijuana were found during the search of the home.

Read Articles:

http://www.wpri.com/dpp/news/local_news/5-people-charged-in-seekonk-drug-case

http://www.tauntongazette.com/archive/x868520198/Five-arrested-in-pot-bust-in-Seekonk#ixzz1G849ZuX6

Boston Marijuana Cultivation Lawyer

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In these articles there is little information about how the police knew that marijuana was being grown in this home. From the charges that issued it appears that at least one of the defendants sold to an informant or an undercover police officer. There are however other ways to detect houses where marijuana is grown. Unusually high electric bills are often an indicator. Grow lights use a tremendous amount of electricity. Windows covered with dark plastic or heavy curtains sometimes indicate illicit activity. Condensation on windows is associated with marijuana cultivation. The humming of grow lights or rooms lighted twenty four hours per day might also signify the presence of this activity. There are of course innocent explanations that might account for the existence of these factors thereby making it extremely important that anyone charged with a Crime in Massachusetts contact an Experienced Massachusetts Criminal Defense Lawyer.

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Late last week a Massachusetts State Police Officer was on patrol on Route 138 in Raynham. At around 1:00 p.m. he observed a car following a pick up truck too closely, a violation of 720 Code of Massachusetts Regulation (CMR) 9.06(7). The trooper stopped the car and immediately smelled marijuana. He then saw a plastic bag containing marijuana in the center console. The passenger, Alexander Torres, eighteen from Brockton was asked what was in the bag. Torres responded that the drugs were his. There were five passengers in the car. One of them appeared to be shaking. All of them were ordered out of the car. The car was searched. The officer found several more bags of marijuana. Underneath the passenger seat the trooper found a loaded firearm. Torres accepted responsibility for the gun as well. The driver was cited for the Motor Vehicle Violation. Torres has been charged with Possession of a Firearm and Possession of Marijuana.

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http://www.enterprisenews.com/news/cops_and_courts/x1073915927/Brockton-man-arrested-on-gun-drug-charges-after-traffic-stop#axzz1FvJHyFQc

In the past I have commented that Possession of Marijuana in Massachusetts is not a crime if the amount possessed is less than an ounce. It follows that stopping a car and finding marijuana in the car does not automatically give law enforcement the right to conduct a Search of the car. The constitutional protections associated with Searches and Seizures in my opinion strengthen in these situations. In the past in certain instances the police would have been warranted to search when they observed marijuana in plain view after making a lawful motor vehicle stop. That all changed with the decriminalization of small quantities of marijuana. There must now be more to justify a search after making such a cursory observation. The article does not convince me that this search was permissible. Torres might have a shot at suppressing the evidence seized if his Massachusetts Criminal Drug Crimes Defense Lawyer can argue an Unlawful Search and Seizure occurred.

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Massachusetts Rule of Criminal Procedure 7(a)(2) allows a defendant who has been summonsed for arraignment and who has retained a lawyer to be excused from appearing at his or her arraignment. To avail oneself of this rule the attorney must enter an appearance prior to the return date and state in that appearance that this matter has been discussed with the defendant and that the case be scheduled for pretrial or some other proceeding. The rule applies to misdemeanors and felonies alike. There is a proposal pending that would eliminate the process altogether and require the presence of all defendants at arraignment.

Proponents of the amendment to the rule state that a defendant’s absence from arraignment creates certain safety concerns. For example, a defendant cannot receive a bail revocation warning or an order to stay away from a victim. Nor for that matter would the defendant be present for the setting of conditions of bail. Advocates of the “new rule” ignore some critical points. The current version of the rule works. It contemplates the attorney telling his client when to return to court. Consistent with this obligation the judge at arraignment could simply order the attorney to advise the defendant of any bail conditions, stay orders or bail revocation warnings should any of these circumstances present themselves.

As a Massachusetts Criminal Defense Lawyer who represents countless people living out of state I find the Rule 7(a)(2) necessary. We get calls from clients summonsed for Assault and Battery Cases, Motor Vehicle Crimes, Drug Crimes and more who are often unable to get to court on short notice for an arraignment. Many of these clients were unaware that criminal process was going to issue particularly in instances where the police were not involved. Rule 7(a)(2) enables us to go into court for our clients, have them arraigned in absentia and schedule a date convenient for a resolution of their case. This also gives us time to educate the district attorney about the nature of the allegations and negotiate a resolution with minimal court appearances.

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Donald Wong, a Saugus State Representative is a co-sponsor to legistlation designed to punish people convicted of multiple Sex Offenses to life in prison. This bill provides that anyone who is convited of three sex offenses by punished with a life sentence. If passed this law would not permit parole or any reduction in sentences. Under this bill there is no distinction among sex offenses. Wong has stated that one sex offense is as bad as another. Apparently this bill has the support of twenty nine other legislators.

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Saugus Sex Crimes Defense Lawyer

The term “Sex Offense” in Massachusetts contemplates many different types of crimes. The range and severity of crimes that fall under this title is dramatic. It includes Indecent Assault and Battery, Rape, Statutory Rape, Drugging A Person For Sexual Intercourse and more. It also contemplates crimes such Living Off the Earnings of a Prostitute, Enticing a Person for Prostitution or Sexual Intercourse. Child Pornography, Unnatural Acts with a Child and Exhibiting a Child in a State of Nudity are includeda s well. Similarly, sex crmies include Open and Gross Lewdness and Lascivious Behavior. All of these crimes are distinct in nature. They are not prosecuted consistently. Some are handled in the district court, others in the superior courts. Prosecutions for these crimes vary from county to county in terms of sentence recommendations. Each case rests on its unique set of facts. Some of these cases are resolved by probation, others involve jail time. A conviction for the crime of open and gross lewdness would be the same as a conviction for aggravated rape under this propsed law. If the law passes, expect constitutional challenges to follow and litigation on these cases to increase.

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Acting on a tip police officers from Beverly, Danvers and Ipswich, Massachusetts looked into some suspected drug activity in Rowley, a small Boston suburb. The information they had directed them to a particular vehicle on Leslie Road. As the investigation progressed officers noticed another vehicle driving past Leslie Road on multiple occasions slowly. Officers then observed that the inspection sticker on this car had expired. The car was stopped. Officers claim to have seen a small bag of heroin on the floor. Accordingly they conducted a search of the vehicle. They found over thirty five grams of heroin along with some drug trafficking paraphernalia. The driver, Wilkins Diaz of Lawrence was arrested and charged with Trafficking Heroin and a School Zone Violation. The driver of the other vehicle, Argelia Rodriguez has been charged with Conspiracy. Diaz is being held on twenty five thousand dollars cash bail.

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http://www.eagletribune.com/local/x1709532913/Lawrence-man-held-on-heroin-trafficking-charge#

Newburyport Criminal Defense Lawyer, Drug Crimes

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To convict someone for the crime of Conspiracy in Massachusetts the district attorney must prove the existence of an illegal agreement and participation with the knowledge of that agreement. It is a very difficult crime to prove. People charged only with Conspiracy to Violate the Drug Laws in Massachusetts stand are typically those against whom the prosecution has the least amount of evidence. Often times these charges are issued in an attempt to get the “conspirator” to cooperate against the primary offender. In most instances the conspiracy charges lack substance and are vulnerable to motions to dismiss. Other times the charges are so week that the prosecution will agree to a dismissal of the charges or a resolution that leaves the accused without a conviction for that offense.

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According to The Salem News, a twenty-five year old off duty firefighter was found not guilty of assault and battery following a jury-waived trial in Salem District Court. The charges stemmed from a Halloween party last fall that left a Danvers man in a pool of blood at the bottom of a set of stairs with injuries to his face and hip. According to the paper, the trial focused on exactly how the Danvers resident sustained the injuries. The Commonwealth presented witnesses alleging that the defendant punched the intoxicated guest and pushed him down twelve stairs in front of the party house. The defendant and other witnesses testified that the party-goer was inadvertently sent down the stairs by another guest. The District Court judge concluded that there was reasonable doubt as to whether the defendant committed the assault and found the firefighter not guilty.

In Massachusetts, in order to be found guilty of assault and battery the Commonwealth must prove beyond a reasonable doubt that a defendant intentionally committed an unconsented to touching on another person or the intentional doing of a wanton or grossly negligent act causing personal injury to another. Assault and battery by means of reckless, wanton and willful conduct requires actual physical injury as necessary element of required proof. When a client is accused of assault and battery or any violent crime it is important to investigate and develop a defense early in the case. The option to consider in a case where there was contact between the parties is whether a defendant acted in self-defense or in defense of another. Once that type of defense is asserted at trial, the Commonwealth must prove beyond a reasonable doubt that a defendant did not act in self defense or in defense of another. Another possibility, as was the case here, is for the defendant to deny that he or she was the perpetrator.

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On October 18, 2010 Lynn Police officers responded to a report that someone was Selling Heroin at an apartment. They arrived to find a strong odor of marijuana and Modesto Cruz in the hallway of an apartment on Broad Street. Cruz saw the police and fled. He was caught. During a brief struggle police found a loaded Firearm, a knife and Marijuana. Cruz supposedly admitted that he had purchased the gun and was in the process of selling the weapon at the time the police arrived. The gun had been reported stolen from a car in Danvers. Bail was set at two thousand five hundred dollars which Cruz posted. The case is pending in the Salem Superior Court. Cruz has been charged with Felon in Possession of a Firearm.

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Lynn Massachusetts Gun Possession Defense Lawyer

So just how serious is this case? Massachusetts General Laws Chapter 269 Section 10G(a) states that anyone who has been convicted of a violent crime or serious drug offense and is subsequently caught in possession of a firearm faces a mandatory minimum three year state prison sentence. For the purposes of this statute a violent crime is defined as any crime punishable by imprisonment of at least one year and has the element of either force, threatened or otherwise, burglary or kidnapping, the use of explosives or conduct that presents a serious risk of physical injury to another. This wording of this statute is extremely broad and includes as predicates both adult and juvenile convictions.

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