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On May 10, 2010 “An Act Relative to Harassment Prevention Orders” became effective. This statute authorizes the issuance of a “Harrassment Prevention Order” under certain conditions. Although seemingly similar to M.G.L. 209A Abuse Prevention Provision, the statutes are different relative to the eligibility provisions and relief. Although both are civil orders, an alleged violation can result in a criminal charge of violating the court order and a defendant can receive up to two and one half years in prison if convicted. Both of these orders are considered “Restraining Orders.”

An individual may apply for an Abuse Prevention Order ( “209A Order”) from a judge in the following circumstances:
1. The defendant and the complainant are or were:
married, or residing together in the same household;
• or in a substantive dating or engagement relationship;
• or related by blood or marriage;
• or you have a child in common.

2. The complainant alleges that he or she is suffering from abuse because the defendant has:
harmed or attempted to harm the complainant physically, or put the complainant in fear of imminent serious physical harm, or caused the complainant to engage in sexual relations involuntarily by using force, threat or duress.

3. The complainant must:

• currently live within the geographical area of the court in which the complainant applied ofr the order;
• or used to live within the geographical area of the court but left to avoid abuse.

If a judge determines that there is a substantial likelihood of immediate danger of abuse an Abuse Prevention Order (209A) may issue without prior notice to the defendant. If an ex-parte order issues, another hearing date is set approximatley one or two weeks after the temporary order. During this time the police will attempt to serve the defendant with notice of the order and notice of the next hearing date. At the next hearing both sides are given the opportunity to present evidence and the judge determines whether to extend the temporary order. If the judge extends the order it is generally extended for a one year period of time.

An individual may apply for a Harassment Prevention Order (“258E Order’) from a judge under the following conditions:

1. A complainant is suffering from harassment because someone has committed 3 or more acts that werewillful and malicious, Malicious” means characterized by cruelty, hostility or revenge.

These three acts must have been aimed at the complainant, and were intended to cause the complaintnt fear, intimidation, abuse or damage to property.

“Abuse” means causing or attempting to cause physical harm, or causing fear of imminent serious physical harm. The conduct of the defendant must in fact cause you fear, intimidation, abuse or damage to property;
• or someone has caused you at least once to engage in sexual relations involuntarily by using force, threat or duress;
• or someone has committed against you at least once an act that violates any of the following statutes:
General Laws chapter 265, § 139, 13F or 13H (indecent assault and battery), 22 or 22A (rape),
23 (statutory rape), 24 or 24B (assault with intent to rape), 26C (enticing a child), 43 (criminal stalking), 43A (criminal harassment), or chapter 272, § 3 (drugging for sexual intercourse);
and you currently live within the geographical area of this court.

Similar to the 209A Order, a judge may issue a Harassment Prevention Order without prior notice to a defendant if there is a substantial likelihood of immediate danger of harassment.

If you have received notice that you are a defendant to one of these prevention orders it is imperative that you know the standards that must be met for the order to be extended. If a complainant alleges a violation of this order, a criminal complaint will issue. Also, if you are a victim of abuse and want to seek this type of order or have one extended, contact Our Attorney.

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According to the Metrowest Daily News, Vandie Porter, a forty three year old man from Wayland, Massachusetts is being charged with Assault With Intent to Kill, Assault and Battery by Means of a Dangerous Weapon, Threatening to Commit a Crime and Assault and Battery. It is reported that Porter and another man got into a fight at a gas station on Boston Post Road early yesterday morning. Before the police arrived Porter fled. He was located about two hours later at which time he was arrested. The complainant received only minor injuries. The case will initially be prosecuted in the Framingham District Court. If the district attorney intends to prosecute all of the current charges the case will be indicted and transferred to the Middlesex Superior Court in Woburn.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x1985977297/Wayland-man-charged-with-attempted-murder

Having been practicing Criminal Defense Law in Massachusetts for over twenty years it strikes me as somewhat strange that the charges in this case are so severe. The victim was barely hurt. I know that there is an allegation that a weapon was used however that it referred to only as a “sharp metallic object”. There is a suggestion that Porter and the other person knew each other. You would think that if the weapon were a knife are something similar that either the victim or a witness would be able to say so. These days gas stations and many other businesses have security cameras inside the establishment and in the area of the pumps and parking lots. It is quite possible that obtaining this tape, if it exists might be a significant piece of Porter’s defense. Often times these recordings are destroyed or lost with the passage of time. With that in mind it becomes imperative for defense lawyers to get Court Orders to access and preserve that material if there reason to believe that the video will be helpful with the defense of the accused.

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Police in Marlborough, Massachusetts were conducting an investigation that led them to an apartment on Main Street. The investigation resulted in the application for and issuance of a Search Warrant at that apartment. Last Thursday night the Search Warrant was executed. Officers found a twenty two caliber handgun, loaded. They also found some Drug Paraphernalia such as scales and packaging agents. The apartment was rented to Evan Higgins who was not home at the time the search warrant was executed. Higgins was not home when the Search Warrant was executed. The police however located him later that night. Higgins was arrested. In his car the police found another handgun and a Class B drug. He has been charged with Carrying a Firearm, Possession of a Firearm, Possession With the Intent to Distribute Class B and a School Zone Violation.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x1177408402/Police-arrest-Marlborough-man-on-gun-and-drug-charges

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Marlborough, Massachusetts Drug Crimes Defense Lawyer

As a Massachusetts Criminal Defense Attorney who handles Drug Cases on a daily basis I would like to know what in fact the police investigation showed prior to their applying for a Search Warrant. On several occasions in the past I have blogged on the requirements for obtaining a Search Warrant in Massachusetts and the attacks that can be made on the constitutionality of the search. I have also blogged on various defenses that can be raised in the event the Search is upheld as constitutional. In this case, I would also like to know who if anyone Higgins lived with, the configuration of the dwelling, the presence or absence of clothing belonging to someone other than Higgins and the neighbors’ observations regarding the tenant of that apartment. Simply finding drugs or guns in someone’s home does not mean that the person targeted by the police was responsible for the contraband.

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This past Tuesday Boston Police responded to a report of an Armed Robbery in the Allston section of Boston. When they arrived Darryl Barboza left the scene riding a bicycle. He got off of the bike and went to the rear of a home at which time he took out the Firearm and brandished it towards an officer. Barboza then discarded the gun. Police located a twenty five caliber handgun in the area. The weapon was fully loaded. Barboza, who is twenty eight years old has been charged with Unlawful Possession of Ammunition, Assault by Means of a Dangerous Weapon and Carrying a Firearm. Barboza is also being charged with being an Armed Career Criminal.

Read Article:

Armed Career Criminal and Gun Possession Charges Filed Against Boston Man

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Massachusetts Armed Career Criminal Defense Lawyer

If the statute under which Barboza is being prosecuted is Massachusetts General Laws Chapter 269 Section 10G(b) he is looking at a minimum mandatory ten year state prison sentence. This is due to the fact that he has two prior gun convictions, one in 2002 and the other in 2004. There may be a problem for the prosecution however in that the predicate prior convictions must be for “violent crimes”. In Massachusetts Possession of or Carrying a Firearm does not automatically satisfy this element. There must be some use of the weapon or conduct that presents a serious risk of physical injury that accompanied the prior conviction to satisfy this aspect of the statute.

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This past Friday an investigation by members of the Salem, Massachusetts police department as well as officers from Ipswich, Beverly and the Essex County Sheriff’s office effectuated an arrest. The suspect is a sixty three year old Salem man. Ronald Marshall was the target of a month long investigation during which it was learned that Marshall was selling drugs out of his Appleton Street home. The police officers executed a Search Warrant around 3:00 p.m. on September 10, 2010. They found Oxycodone, Morphine and assorted other pills, Class C drugs in Massachusetts. They also located and seized over twenty pounds of Marijuana. Since the home lies within one thousand feet of a school zone the additional charge of School Zone Violation will be filed. The drugs are valued in excess of one hundred thousand dollars. The marijuana alone has an estimated value of seventy five thousand dollars. It is reported that Marshall has criminal convictions for Drug Trafficking and Weapons Charges. The case is being prosecuted in the Salem District Court for now. It is likely that given his prior criminal history and the quantity of drugs that Marshall will be defending these allegations in the Essex County Superior Court.

Read Article:

http://www.salemnews.com/local/x187426892/Big-drug-bust-nets-pot-pills-in-Salem

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Salem, Massachusetts Drug Crimes Defense Attorney

I am interested in knowing with what the district attorney will charge Marshall. Trafficking Marijuana cannot be charged since the threshold for Marijuana Trafficking in Massachusetts is fifty pounds. Many of the pills in Marshall’s home are of a prescription nature may not be unlawful for Marshall to possess. There are no details provided by the article that explain how the police got to Marshall. More importantly, there is no factual explanation of how the officers got the requisite information to obtain a warrant to search Marshall’s home. Some of the things a Massachusetts Drug Crimes Defense Lawyer will want to know is whether someone other than Marshall lived in the home, what room the drugs were found in, how the drugs were packaged, whether there was any drug trafficking or distribution paraphernalia seized during the search and who was present when the warrant was executed.

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Yesterday morning Lynn, Massachusetts Police observed Wilford Wright and two other people on Washington Street engaged in what they believed was a drug transaction. The officers reported that once Wright made eye contact with them he “tucked something into his pocket and began walking into the” Washington Street address. The officer asked him to stop. He refused. They then asked him where he was going. He responded that he was going to his friend’s apartment. One of the police officers then tried to Pat Frisk Wright. Wright resisted. Supposedly he then pushed the officer and a struggle ensued. Wright was subdued with pepper spray. Police then seized some crack cocaine. Wright was charged with Possession With Intent to Distribute Cocaine, Resisting Arrest and Assault and Battery on a Police Officer. The case is pending in the Lynn District Court.

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Lynn Man Charged With Assaulting Police Officers, Possession With Intent to Distribute Class “B”

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Massachusetts Criminal Defense Lawyer, Drug Cases

In order to justify the stop and eventual frisk of Wright the police must have reasonable suspicion to believe that a crime had been committed, was being committed or was about to be committed at the time of the stop. Here the police believed that a drug deal was occurring. The article fails to specify what exactly the police observed and how they determined this to be criminal activity. The absence of detail or lack of experience of the officer, if any may serve as a basis for attacking the validity of the stop. Also, if the police used more force than necessary at the stop then the stop morphs into an arrest. There is a requirement that police have probable cause to effectuate an arrest. Suppression will lie if the use of force by the police exceeded what was necessary for the stop and a judge determines that the stop was actually an arrest lacking probable cause.

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Eric Churchill is sixty one years old. This past weekend a neighbor told the police that around noon Churchill appeared in her backyard, drank some beers pulled down his shorts and exposed himself. The complainant told him that she did not approve of this conduct. She claimed to be shocked. The woman reported the incident about six hours later. The woman told the police that another man, a neighbor witnessed the incident. She further told the police that this man would deny the incident had occurred. The police confronted Churchill. He denied behaving as reported. The police also spoke with the witness. He too stated that this never happened. Churchill will be charged with Open and Gross Lewdness. The case will be prosecuted in the Salem District Court.

Read Article:

http://www.salemnews.com/local/x994340091/Man-61-is-charged-with-exposing-self

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Essex County Sex Crimes Defense Lawyer

The crime of Open and Gross Lewdness in Massachusetts is a felony proscribed by Massachusetts General Laws Chapter 272 Section 16. This law was enacted in 1784. To convict someone of this crime the district attorney must prove that the accused exposed his genitalia or buttocks to someone, that this was done intentionally, that this was done publicly or with a reckless disregard that there would be some public exposure to some who might be offended by the conduct, that the act was designed to cause alarm or shock and that shock or alarm resulted. While the complainant in this case used the proper buzz words jurors might be reluctant to believe her story. She did not report the incident for six hours. When making the complaint she inexplicably told the police that the eyewitness would refute the allegations as he in fact did. This suggests that the incident did not occur and that perhaps the complainant had a motive for making a false complaint. It seems like Churchill’s defense lawyer has a lot to work with in this case.

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Brockton, Massachusetts police officers were on routine patrol Monday evening when they observed a group near a certain car. The police approached the group and the car pulled away. Officers noticed that the car did not have a valid inspection sticker. They pulled the car over. They also saw someone in the car making movements they believed to be suspicious. The car was searched. The officers found one hundred seventy grams of marijuana and a .380 caliber handgun. The driver, Vanden Keith and his occupants, Olivio Correia and Timothy Correia were arrested. Both Keith and Olivio Correia were charged with Conspiracy, a School Zone Violation and Possession With Intent to Distribute a Class D Substance, Marijuana. Timothy Correia faces the same charges as well as a complaint for Carrying a Firearm. The cases are pending in the Brockton District Court.

Read Article:

http://www.enterprisenews.com/news/cops_and_courts/x1169807821/Brockton-police-gang-unit-arrests-three-for-drugs-handgun

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Brockton Drug Defense Lawyer

Massachusetts General Laws Chapter 94C Section 40 codifies the crime of conspiracy in Massachusetts. The law states that anyone who conspires to violate the controlled substances laws in Massachusetts shall be punished. The maximum penalty for conspiracy is the same as the maximum sentence authorized for the offense that underlies the conspiracy charge. There is no minimum mandatory sentence for a conspiracy conviction. The standard for proving a conspiracy his high. Massachusetts Courts have held that even where police officers, who had been observing the occupants of an automobile drinking and smoking for twenty minutes, and saw the driver, who appeared to be very high on something take a bag later found to contain a controlled substance from the front seat and stash it under the seat lacked sufficiency to support a finding that a rear-seat passenger had conspired to violate the Controlled Substances Act. Facts like these might be applicable to the Keith and the Correias.

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Cesar Maldonado was at the 8th Street Tavern in Haverhill, Massachsuetts having some drinks. The bartender decided to stop serving him. She then went outside the bar for a break. Maldonado followed her. He entered his van, withdrew a .45, returned and pointed it at her. She ducked. Maldonado left in his vehicle. Someone got a plate number. Later that evening Maldonado was apprehended nearby. Police located the firearm which was determined to be stolen. Maldonado has been charged with Receiving Stolen Property Over $250, Possession of Ammunition, Carrying a Firearm and Assault With a Dangerous Weapon. The case in pending in the Haverhill District Court.

Read Article:

http://www.eagletribune.com/local/x2009599235/Haverhill-man-arrested-after-pointing-gun-at-bartender

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Massachusetts Gun Charge Defense Lawyer

If the prosecution can link Maldonado to the gun he is going to serve a minimum mandatory eighteen month house of correction sentence. The district attorney can make the connection by getting Maldonado’s prints off of the gun or by having one of the witnesses identify the weapon. Maldonado’s proximity to the firearm at the time it was found also factors into the carrying charge. The police do not have to actually find you holding a weapon to get a conviction on these charges. However, if there is no identification of the weapon and it was found at a remote location then this charge can possibly be defended with some success. Search and Seizure issues might be implicated depending on what the police did when they entered the home where the defendant was arrested. The constitutionality of their search will depend not only on their actions but the sequence of events.

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Detectives from Ipswich, Massachusetts and Beverly, Massachusetts observed a car being driven by Brian Sotiropoulos. The police had prior dealings with Sotiropoulos and his girlfriend, Cassandar Thomas, both from Georgetown, Massachusetts. It has been reported that the two were arrested in Ipswich on another occasion for Possession With the Intent to Distribute Marijuana and Conspiracy. The officers followed Sotiropoulos to a location where they saw him engage in what appeared to be a drug transaction. Sotiropoulos was pulled over. A subsequent search of his car revealed Percocet pills and OxyContin pills. Authorities allege that Peter Dolan of Ipswich was the buyer of illicit substances during the purported transaction. He was found in possession of four Percocet pills. Also located in Sotiropoulos’ vehicle was marijuana and Xanax. Both Sotiropoulos and Thomas are charged with Drug Trafficking, Conspiracy and Possession With Intent to Distribute Drugs. Dolan has been charged with Possession of Drugs. The cases are pending in the Newburyport District Court. The district attorney’s office will most likely indict the trafficking cases and the prosecution will take place in the Essex County Superior Court in Salem.

Read Article:

http://www.salemnews.com/local/x1772339275/Trio-arrested-on-variety-of-narcotics-charges

Massachusetts Drug Trafficking Defense Lawyer, Newburyport, Essex County, OxyContin

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The easiest case to focus on given the limited information in this article is Thomas’ exposure. By all accounts she was no more than a passenger in Sotiropoulos’ car. She had no role in the alleged transaction. There is no evidence that she possessed or aided or abetted in any drug distribution efforts. Being present during the commission of a crime without more does not give rise to guilt. There must be more. There must be some type of active involvement and an intent to engage in criminal activity. Thomas might prevail on a motion to dismiss. Sotiropoulos will have to take a different approach to defending his case. One thing is certain. He will be moving to suppress the stop, search and seizure of his vehicle and its contents.

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