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Framingham Police were called just before 5:00 a.m. about a fight on Essex Street. They arrived to find a woman bleeding from her head. After offering an excuse for her condition the woman changed her story. She accused Michael Young, her boyfriend of assaulting her after finding her out with another man. Young was located at his home. He was arrested at which time police found marijuana and drug paraphernalia in the home. A Search Warrant was applied for and issued. During the execution of the search warrant authorities found large quantities of drugs including over a pound of Marijuana, Ecstasy and Cocaine. Also arrested was Young’s roommate, Michael Smokler who responded to the police station at their request for questioning. Both defendants are facing charges of Possession With the Intent to Distribute Cocaine, Possession With the Intent to Distribute Ecstasy, a School Zone Violation and Conspiracy. Young faces Domestic Violence Charges as well. The case is pending in the Framingham District Court.

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http://www.metrowestdailynews.com/news/police_and_fire/x1969176517/Domestic-investigation-leads-to-drug-arrest-in-Framingham#axzz1EpifJhg1

Framingham Drug Crimes Defense Lawyer

I frequently remind readers that speaking with the police is rarely a good idea. This case seems to be a perfect example of why getting a lawyer prior to meeting with the police is the most prudent way to proceed. Smokler was not present in the morning when the police searched the apartment and arrested Young. They called him later and asked him to go down to the station for questioning. He did. The result was his arrest. I have never had a client who talked himself out of criminal charges. To the contrary, most talk themselves into trouble. If the police had probable cause to arrest Smoker after they conducted the search they would have obtained an arrest warrant and done so. I would imagine that Smokler provided the police with information during the interview that enabled them to file criminal charges against him. Had he hired a lawyer rather than speak with the police criminal charges might not have issued.

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DEA agents along with Lawrence, Massachusetts police officers raided Richard Cruz’s home yesterday after obtaining a Search Warrant. The home located at 2 Inman Street was searched while Cruz was present. In a bedroom in the apartment officers located about twenty grams of heroin, a loaded Firearm and assorted Drug Paraphernalia. Cruz was found in possession of nearly one thousand dollars cash. Right now Cruz stands charged with Trafficking Heroin in Excess of 14 Grams and Possession of a Firearm. The case is pending in the Lawrence District Court. It is expected that this case will be prosecuted in the Essex County Superior Court in Salem.

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http://www.eagletribune.com/local/x789956562/Heroin-handgun-seized-in-Lawrence-raid#

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As with any drug case that involves Search and Seizure issues Massachusetts Criminal Defense Lawyers need to review the Search Warrant to determine whether there exists a violation of the defendant’s constitutional rights. Successful challenges to the issuance of a search warrant typically result in the dismissal of drug cases. Our office looks hard at the warrant, application, return and supporting affidavit on every drug we defend. For over twenty years we have found innumerable defects in these documents. Our attacks on these flaws have secured freedom and justice for our clients on numerous occasions. We believe that there is a defense to every case and we are always prepared to fight for your rights.

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Samuel Harper was arrested in Long Branch, New Jersey yesterday on warrants for Failing to Register as a Sex Offender in Massachusetts. Today the forty six year old will be arraigned in the Lawrence District Court. According to reports in the Lawrence Eagle Tribune police raided three different locations while searching for Harper. The charges stem from a 1993 case wherein Harper was convicted for Rape of a Child with Force and Assault With the Intent to Commit Rape. Harper is wanted in both Essex County and Suffolk County.

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http://www.eagletribune.com/local/x1948342507/Fugitive-sex-offender-to-be-arraigned-today-in-Lawrence#

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Massachusetts Sex Crimes Defense Lawyer

Massachusetts General Laws Chapter 6 Section 178(H) states that any sex offender who is required to register and who fails to do so is guilty of a felony. The punishment can be as much as five years in state prison. A second offense of failure to register as a sex offender carries a mandatory minimum five year state prison sentence. Massachusetts General Laws Chapter 6 Section 178(E) details the obligations of someone convicted of sex crime. These obligations include the duty to provide the Sex Offender Registry Board with addresses, changes of address, an intent to move outside of Massachusetts and also include affirmative duties on people who are moving into Massachusetts and were convicted of a sex offense in another jurisdiction.

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Leandra Patterson of Framingham was arrested last Wednesday night after police, acting in an undercover capacity learned that she had been offering Sex For a Fee. According to a report in the Metrowest Daily News, a Framingham Police Detective called a number listed on an internet website, backpage.com. The ad described a woman who assured satisfaction. The woman agreed to meet the undercover officer at an apartment on Worcester Road (Route 9). The officer arrived and a price of one hundred sixty dollars was requested for all inclusive sex acts. Patterson was then arrested. She had a loaded firearm in her bedroom and no FID card. The next night officers re-appeared at her home after another ad appeared on the same website. Patterson has been charged with Sexual Conduct For a Fee and Unlawful Possession of a Firearm and Ammunition.

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http://www.metrowestdailynews.com/news/police_and_fire/x938335995/Framingham-woman-faces-prostitution-charges

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Framingham, Massachusetts Prostitution Defense Lawyer

Massachusetts General Laws Chapter 272 Section 53A states that anyone who engages or offers to engage in a sexual act for a fee shall be punished by up to one year in jail. This crime is a misdemeanor meaning that there is no state prison sentence authorized. This crime is simple to prove and simple to defend. Either a jury believes that the accused had the intent to engage in the act or in fact did engage in the act, or it does not believe this to be the case. There is very little case law on the subject.

So how are these cases usually resolved? If Patterson does not have a criminal record an Experienced Massachusetts Criminal Lawyer should be able to have the charges continued without a finding. This would mean that if Patterson successfully completed a period of probation the case would be dismissed.

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Saugus police officers and other law enforcement officials received a tip from an informant complaining that a man was selling Percocets from his home on Perullo Lane. Following up on the tip the police arranged for a controlled buy utilizing the informant. Last Friday this person went to the home of Christopher Albert Troisi, the defendant. At that time he purchased several pills. Five days later a similar arrangement was made. Detectives then went to Troisi’s home. Troisi attempted to flee. The defendant’s car and home were searched. Inside officers located more percocet pills, cocaine, drug paraphernalia and cash marked for the controlled buy. Troisi is facing charges of Possession With the Intent to Distribute a Class B substance, Possession of a Class B substance and a School Zone Violation. Bail was set at twenty five thousand dollars. The case is pending in the Lynn District Court.

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http://www.thedailyitemoflynn.com/articles/2011/02/11/news/news08.txt
Saugus Massachusetts Drug Crimes Defense Lawyer

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If this article is accurate some of the charges against Troisi might not stand unless the informant agrees to testify. Law enforcement officials including the district attorneys office try to protect informants identities and orchestrate their prosecutions in ways the do not necessitate the informant’s disclosure or testimony. When this effort fails the charges against the accused often get reduced to encourage a plea bargain. Sometimes prosecutors even agree to dismiss the charges. It is important for Troisi to seek and hire a Massachusetts Criminal Defense Lawyer who understands informant issues and is skilled at Suppression Issues.

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Stephen Goudreau of Peabody was arrested yesterday in Danvers after the police receiving a call from Goudreau’s girlfriend complaining that she had been Assaulted. Apparently the two were arguing about a car when Goudreau supposedly put his hands to her throat and tried to strangle her. The woman called the police. Emergency medical personnel arrived as well. The woman treatment and was not seriously injured. While the police were investigating Goudreau reappeared and was arrested. He has been charged with Domestic Assault and Battery and Assault With Intent to Commit Murder. The case is pending in the Salem District Court.

http://www.salemnews.com/local/x820636876/Police-Peabody-man-tried-to-strangle-his-girlfriend#

Danvers Domestic Assault and Battery Defense Lawyer

The Assault With Intent to Murder charge seems suspect. No matter how strong the case that charge is always difficult to prove. The elements of the offense are assault, a specific intent to kill and malice. Here, the act of putting his hands around the victim’s neck does not likely satisfy the element of a specific intent to kill. The assaultive behavior was brief and did not warrant medical attention. There is not even an indication that the victim showed marks around her neck. Similarly, the element of malice in the context of this charge requires the district attorney to show that Goudreau intended to kill his girlfriend without justification or mitigation.

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Duane Collins of Lynn, Massachusetts was arrested and convicted for Cocaine Trafficking in 2008. He was sentenced to five and one half to seven years. His conviction was reversed in 2009 following a landmark United States Supreme Court case that requires the district attorney to call chemists to prove that a substance is in fact a controlled substance. Prior to that case the prosecution could simply present a certificate of analysis to show that a substance was an illegal drug. Following that ruling Collins’ lawyer was able to negotiate a deal where he would serve three years only and get credit for time served. That deal may no longer be available however since Collins was just arrested for another cocaine charge. Apparently, after a Motor Vehicle stop police found over an ounce of cocaine in a cooler in Collins’ car. His bail has been revoked.

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http://www.salemnews.com/local/x2072622012/Man-about-to-be-sentenced-in-coke-case-busted-again#

Lynn Massachusetts Drug Trafficking Defense Lawyer

Massachusetts General Laws Chapter 276 Section 58B gives a judge the authority to hold someone without bail, who, while released on bail gets arrested for another crime. The statute gives the accused the right to a hearing to argue bail. The statute also permits a judge to have the individual held for up to ninety days. It becomes critical that the Massachusetts Criminal Defense Lawyer arguing for bail under these circumstances is familiar with this statute. Collins’ lawyer is excellent and experienced and according to the article made a strong request for bail. His lawyer also did a great job negotiating a reduction in his sentence.

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According to reports in the Lawrence Eagle Tribune DEA agents working our of New Bedford had been investigating a Heroin Trafficking ring involving individuals from Lawrence. One of the members was arrested with eighty five grams of heroin. As a result a Search Warrant issued for an apartment on Union Street in Lawrence. An informant told the police that he had purchased at that apartment. This individual reported that he would arrive at the apartment and one the occupants would go out and return shortly with the heroin. During the search an individual questioned by the police indicated that he lived in another apartment down the hall. He apparently consented to a search of that unit. During the search officers found over five kilograms of heroin. The estimated street value of the substance is over three million dollars. In all the police located and arrested six individuals. All were charged with Trafficking Over 200 Grams of Heroin. The case will be prosecuted in the Essex County Superior Court in Salem. Bail for each was set at five hundred thousand dollars. The defendants have been identified as Victor Guerrero Santana, Francisco Rivera, Jose Pizarro, Oveido Lopez, Luis Gonzalez and Elvin Ruiz.

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Lawrence Massachusetts Drug Trafficking Defense Lawyer

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Charging everyone present at the scene of a large drug bust is a common yet flawed law enforcement tactic. The article suggests that some of the defendants were at best “present only”. In the past I have blogged on this issue. Presence alone is not enough to sustain a prosecution for drug offenses. There must be some criminal activity in which the accused is involved and there must be an intent on that person’s part to engage in or assist with the criminal act. When looking at this article it is difficult to ascertain who is responsible for what, if anything. An Experienced Massachusetts Drug Defense Lawyer will attack the arrests and charges and perhaps in some cases obtain a dismissal for one or more of these defendants.

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Jeffrey Lavin and Janet Baxendale, both of Tewksbury, Massachusetts have been charged with Receiving a Stolen Motor Vehicle. According to reports in the Lowell Sun, just at the end of last year a car was reported stolen from Crystal News. Later, police from Littleton, Massachusetts reported that that same car was used as a getaway car after a Shoplifting incident. That car was subsequently used to escape a similar Theft Crime in Haverhill and Lavin has been identified as a suspect in the theft case. Just last week, Tewksbury police learned that a car stolen in Chelmsford was parked at Lavin and Baxendale’s home. Police saw the car at that location and arrested the defendants. Right now all charges are pending in the Lowell District Court.

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Massachusetts Receiving Motor Vehicle Defense Lawyer

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In order to convict someone of Receiving a Stolen Motor Vehicle the district attorney must prove beyond a reasonable doubt that the defendant had control over the car, the it was stolen, that he knew or had reason to believe that it was stolen and that there was an intention to deprive the owner of the car. Massachusetts laws state that the person who actually stole the car cannot be legally responsible for the crime of Receiving a Stolen Motor Vehicle. This probably explains why both were charged with the same crime. It is unlikely that the prosecution can establish who stole the car so they are left with receiving as a sole mechanism for prosecution. Assuming however that Lavin stole the car then how is it that Baxendale is at all accountable for receiving. How is the district attorney going to show that she had control over the vehicle. As to her this might be a difficult case to prosecute.

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Armando Rodriguez of Brockton, Massachusetts lives on Hermon Street in a single family home. Last Friday night, armed with a Search Warrant several police officers stormed his home. They found him in a second floor bedroom. Police obtained the warrant after neighbors complained about high volume foot traffic in the home at all hours of the day and night. Following up on the tip law enforcement officials conducted surveillance. They were able to confirm the complaints of the neighbors. During the search officers found fifty two grams of cocaine. Rodriguez has been charged with Trafficking Cocaine.

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http://www.enterprisenews.com/news/cops_and_courts/x1486248365/Brockton-neighbors-tip-off-police-leading-to-cocaine-arrest

Brockton Cocaine Trafficking Defense Law Firm

This article says nothing about what information the police had that supported their affidavit in support of the search warrant. Certainly high volume foot traffic with nothing more will not support this issuance of a search warrant. The observations of the neighbors do not give rise to probable cause alone either. It is unlikely that the observations of both viewed collectively without more are legally sufficient to withstand a challenge to the issuance of the search warrant. Massachusetts courts have held that the affidavit in support of the application for the search warrant must provide a substantial basis for concluding that evidence connected to the crime will be found on the premises. While such facts might have been presented to the magistrate or judge who issued the warrant there is nothing reported here that indicates that to be the case.

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