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Last Wednesday Boston Police were conducting a search when they observed a man subsequently identified as Edgar Gonzalez fleeing from a building. Police then grabbed Gonzalez. They noticed that the door to his apartment was opened. The police then learned that Gonzalez had a pending Immigration Order pending against him. As a consequence Gonzalez was arrested and a “protective sweep” of his apartment was conducted. Officers found Marijuana and some drug paraphernalia. They then obtained a Search Warrant. The search revealed over two thousand pounds of marijuana. Bail has been set at one million dollars. Gonzalez is being charged with Trafficking Marijuana in the Dorchester District Court. This case will be indicted to the Suffolk County Superior Court where it will ultimately be prosecuted.

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Boston Massachusetts Marijuana Trafficking Defense Law Firm

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Marijuana Trafficking Defense Lawyer In Massachusetts

The penalty for a conviction for Trafficking Marijuana in Massachusetts over 2,000 Pounds is a five year minimum mandatory sentence. Depending on how close to 2,000 pounds the actual weight lies Gonzalez might be able to negotiate a resolution to a lesser weight and plead guilty to a lower sentence. That however assumes he has no defenses to this case. From the article it appears that the police might have had no reason to stop him. It also might be the case that they had no legal right to search his apartment. Depending on the location of the apartment there might be security or surveillance cameras confirming or contradicting the police suggestion that the apartment door was opened. Gonzalez’ Massachussetts Criminal Lawyer will no doubt investigate these issues and zealously defend him.

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In early May of this year police in Southeastern Massachusetts seized about one half million dollars in drugs, cars and money that they attribute to a Drug Distribution ring in that part of the state. According to the Brockton Enterprise police learned that Christopher Witt of Middleboro was Selling Marijuana and other drugs from his home. Controlled purchases of drugs were made with the use of informants however the “buy money” was never recovered. Witt then provided information to authorities that Jesse Texeira was his supplier. Police ultimately raided Texeira’s home and found about ten thousand dollars worth of cocaine and marijuana. Ten thousand Oxycodone pills were also seized during this investigation along with Crack Cocaine and over one hundred thousand dollars cash. Also arrested were Akili Miranda and Christiano Texeira. Miranda has been charged with Trafficking Class A and Conspiracy. Both Texeiras face the same charges as does John Washington. Witt has been charged with Possession With Intent to Distribute Class D, a School Zone Violation, Possession of a Firearm and Possession With Intent to Distribute Class C.

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http://www.enterprisenews.com/news/cops_and_courts/x1218689651/Informants-helped-police-bust-alleged-pot-oxycodone-dealers-in-Middleboro-Bridgewater

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The article provides no detail as to how Christiano Texeira, Miranda and Washington have criminal involvement in this case. Perhaps they were present during when the controlled buys occurred. Maybe they were present when the search warrants were executed. There presence alone however does not ensure a conviction. Massachusetts law makes clear that being present at the scene of a crime with nothing more does not rise to the level of criminal activity. There must be something showing an affirmative involvement in the crime for the case to survive. As to Jesse Texeira the district attorney’s case will likely rest on the strength of the search warrant. A Good Massachusetts Criminal Defense Attorney will try to find ways to attack the constitutionality of the search in hopes of getting the search suppressed. No matter what the allegations there are always defenses to criminal charges.

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Craig Snow of Lynn, Massachusetts has been charged with violating the Massachusetts Social Host Law. The law states that anyone who sells or provides alcohol to minors or permits them to consume alcohol on your property can be charged with a crime in Massachusetts. The act occurred on March 21, 2010. A young woman was killed when a car being driven by her boyfriend drove through an intersection and crashed. The woman was ejected through the car’s sunroof. The driver, Christopher Maxson was charged with Motor Vehicle Homicide. According to reports, Snow admitted to hosting the party and claimed that the guests brought their own alcohol to is parents’ home.

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Massachusetts Man Faces Charges Stemming From Motor Vehicle Homicide

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Massachusetts Criminal Lawyers Who Defend People Accused Of Violating The Social Host Laws

The Massachusetts Social Host Law is set out in M.G.L. ch. 138 Section 34. A conviction of this law means you are guilty of a misdemeanor. There is a maximum sentence of one year in the house of correction. The law states that you can be held criminally responsible for allowing someone under the age of twenty one to consume alcohol on your property. Under Massachusetts the Social Host can be an adult or a juvenile. These charges are becoming more prevalent in Massachusetts. Essex County seems to be taking the lead on these matters. The charges are serious and require the services of an Experienced Massachusetts Criminal Defense Attorney.

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According to a Middlesex County District Attorney press release Michael Harrington has been indicted by a Middlesex County Grand Jury for Larceny Over $250, Larceny of Firearms and Receiving Stolen Property. Harrington, the Westford, Massachusetts Animal Control Officer was arrested on these charges last week. He became a suspect shortly after Westford School Department Maintenance personnel believed that tools, guns and expensive equipment had been disappearing from the office. In April authorities repositioned surveillance and confirmed that Harrington had taken some equipment valued in excess of $250. Upon questioning Harrington stated that the guns, eleven of which were missing were in his office stored properly. A search of his office disclosed otherwise. On April 9, 2010 police arrested Alberto Ramos of Lowell for Carrying a Firearm. It turns out that this gun was one of the missing guns. Harrington is being held on five thousand dollars cash bail. This case will be prosecuted in the Middlesex County Superior Court in Woburn.

Read Press Release:

http://www.middlesexda.com/press-release-archive/animal-control-officer-indicted-for-larceny-of-guns-and-equipment-arraigned-in-ayer-district-court-on-gun-charges/

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Massachusetts Gun Possession Lawyer

Middlesex County Larceny Defense Lawyer

Both the Larceny and Receiving Stolen Property cases are felonies in Massachusetts the way they are being charged. In an of themselves these cases are serious but the suggestion that Harrington was selling or somehow distributing the firearms gives Harrington additional problems. Often times in cases like this one plea bargaining is the best if not only way to avoid a significant amount of jail time. Understandably, the district attorney will want to know where the other ten guns are. Harrington might be able to lessen the sentence he faces by cooperating and providing law enforcement with the information to retrieve these weapons. Regardless, he needs to Hire an Experienced Massachusetts Criminal Defense Lawyer.

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The Brockton Enterprise reported today that George Lunt of Plymouth, Massachusetts has been charged in Massachusetts Federal Court with two counts of Transportation of Child Pornography and One Count of Possession of Child Pornography. The indictment reflects incidents alleged to have occurred in November of 2008 and January of 2009. The article provided no detail of the criminal activity nor were there any detailed press releases.

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http://www.enterprisenews.com/news/cops_and_courts/x1621115924/US-attorney-brings-child-pornography-charges-against-Plymouth-man

Massachusetts Child Pornography Defense Lawyer

Transporting Child Pornography and Possessing Child Pornography are Federal Crimes proscribed by 18 U.S.C. Section 2252A. The law prohibits Receiving Child Pornography, Distributing Child Pornography and Reproducing Child Pornography. It makes no difference whether the material is physically in a person’s possession or on his or her computer. Transportation of Child Pornography under this statute carries a five year minimum sentence and a maximum of twenty years. Possession of Child Pornography carries no minimum and up to ten years in prison. There are affirmative defenses to these charges. If the person portrayed as a child was actually an adult at the time the material was produced no crime has been committed. The article makes no mention of the facts of the acts George Lunt is alleged to have committed.

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On April 29, 2010 the manager of a local storage company contacted the Framingham Police to report an incident. He stated that around 6:30 p.m. an employee heard his wife tell someone that they could not urinate on the outside of the business property. The offender then turned towards the woman, penis in hand. She complained. He responded that if she was offended then to stop looking. A male employee then attempted to confront the man who by that time was sitting in his SUV. The driver of the SUV, a police officer pointed a gun at him and stated “move it or get shot; you are interfering with the police”. The officers being accused are Scott Brown and Lenny Pini. Apparently the storage facility manager provided police with security videos.

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http://www.metrowestdailynews.com/news/police_and_fire/x88774638/Framingham-cop-accused-of-gun-threat

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Assault by Means of a Dangerous Weapon Lawyer Massachusetts

Massachusetts General Laws Chapter 265 Section 15B states that anyone who assaults someone with a dangerous weapon is guilty of a felony and faces up to five years in state prison. To proved someone guilty of this offense the district attorney must prove that the accused used “an outward demonstration of force” and that he or she had the “apparent ability to injure” the victim. Certainly brandishing a gun alone would satisfy the elements of the offense. That, coupled with a verbal threat makes the prosecutor’s case even easier to prove. The surveillance videotape provides an interesting twist to this case. If the video is clear and corroborates the witnesses’ account of the crime the officers are in trouble. If however it is not so clear and tends to show exaggeration on the part of the manager this case becomes more defensible.

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Brandon Payne of Lynn, Massachusetts was arrested last week and charged with the Attempted Murder of Elder Palma. He joins co-defendants Earl Damico and Darkens Bonnett, also charged in connection with last week’s shooting. Payne is also facing charges of Possession of a Firearm, Possession of Ammunition, Breaking and Entering in the Nightime, Receiving Stolen Property Valued in Excess of $250 and Possessing a Firearm in During the Commission of a Felony. The case is currently pending in the Lynn District Court but it is expected that this case will be prosecuted in Salem in the Essex County Superior Court. It is expected that Payne will be held without bail as is the case with Damico and Bonnett.

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Essex County Massachusetts Firearms, Violent Crimes Lawyer

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Boston, Massachusetts Felony Defense Lawyer

Massachusetts General Laws Chapter 265 Section 18B states that anyone who possesses a firearm during the commission of or attempted commission of a felony is guilty of an additional offense, requiring a mandatory minimum five year state prison sentence. If the weapon is a large capacity weapon there is a ten year minimum mandatory sentence. Judges are not permitted to suspend these sentences nor can they place the defendant on probation. This statute gives the district attorney a significant advantage during the plea bargaining process. In exchange for them dropping this charge they will at times offer a reduced sentence on a plea to the other charges. This provides them with great leverage early on.

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Elizabeth Cushman, also known as Mama Deuce is being held on two thousand five hundred dollars cash bail for supposedly threatening a witness on a Domestic Violence case. It is alleged that Cushman who might have a role in the Deuce Boyz organization called and left a threatening message on the voicemail of a victim in a case involving Raymundo Henriquez, the reputed leader of the Deuce Boyz, a Lynn based street gang. Cushman is thirty nine years old. She has a history of Firearms Charges. There are also allegations that Henriquez has threatened the same woman whom authorities claim he assaulted a while ago. The case is pending in the Salem District Court.

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http://www.salemnews.com/local/x712215916/Woman-charged-with-threatening-a-witness

Witness Intimidation in Massachusetts

In Massachusetts the crime of Intimidation of a Witness is proscribed by G.L. 268 Section 13B. The law states that anyone who threatens, injures, emotionally assaults or otherwise intimidates a potential witness in a case is guilty of a felony and faces up to ten years in state prison. The legislative intent of the statute is to protect witnesses from being intimidated or harassed so that they do not become reluctant to give truthful evidence in investigatory or judicial proceedings. An essential element of the crime is the offer of a bribe or the use of intimidation, force, or the threat of force. The district attorney must prove all elements beyone a reasonable doubt. Intimidation has been defined as putting person in fear for purpose of influencing his or her conduct.

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In Graham v. Florida the Supreme Court of the United States held that the Eighth Amendment’s prohibition against cruel and unusual punishment prohibits a juvenile offender to be sentenced to life in prison without parole for a nonhomicide crime. In 2003 Graham was sixteen years old. He and some friends tried to rob a Jacksonville, Florida restaurant while masked. They were unsuccessful but in the course of the activity the restaurant manager suffered an injury that required stitches to his head. Graham was prosecuted as an adult. The statute under which he was prosecuted permitted a sentence of life without the possibility of parole. Pursuant to a plea agreement Graham’s lawyer succeeded in having him placed on probation for three years. There was no adjudication of guilt at the time the plea agreement was accepted. Presumably, if Graham complied with the terms of probation he would not have a criminal record at the conclusion of the probationary period. Several months later Graham was alleged to have been involved in another crime. Accordingly, his probation officer sought to have him violated. A judge agreed that Graham was in violation of his probation. In accordance with that decision a finding of guilty entered on the 2003 case. The judge then sentenced Graham to life in prison without the possibility of parole.

Reversing the Florida Court’s sentence the United States Supreme Court held that “Graham deserved to be separated from society for some time in order to prevent… an escalating pattern of criminal conduct,…but it does not follow that he would be a risk to society for the rest of his life.” A sentence of this length against a juvenile offender deprives him of the chance “to demonstrate growth and maturity”. In a somewhat cautious twist however the Supreme Court held that states to not have to guarantee “eventual freedom to a juvenile offender convicted of a nonhomicide crime”. The juvenile offender must however be given “some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation”.

The Court noted that thirty seven states, the District of Columbia and a federal statute permit life sentences without the possibility for juveniles convicted of nonhomicide offenses. Six states forbid any life sentence for juvenile offenders, Alaska, Colorado, Montana, Kansas, Kentucky and Texas. Ironically, each of those states with the exception of Alaska has a death penalty. Massachusetts allows for life without parole for juveniles found guilty of murder only.

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Jonathan Chenevert is from Evansville, Indiana. He has an Indiana Firearms License for two guns. He is in Massachusetts to work on a water tank in Essex County and he is staying in a local hotel. Just the other day, a member of the hotel housekeeping staff found one of the guns under his pillow. The other was found in a storage container in Chenevert’s room. Law enforcement was called. Now, Chenevert is facing Gun Possession Charges in the Salem District Court. The reason is that even though he is properly licensed in Indiana he did not have a firearms identification card, a requirement under Massachusetts law. In addition, it is alleged that he did not properly store the guns. Bail was set in the amount of one thousand dollars.

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http://www.salemnews.com/local/x1414106047/Man-charged-after-gun-found-in-his-hotel-room

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Cases like this one are unfortunate but not unique. The defendants, in this case Chenevert, always believe that they have the lawful right to possess a firearm. After all, they properly purchased the weapon. They properly registered the weapon. They are properly licensed to own and carry the weapon. Knowing that to be the case they handle the item as they expect they can, completely unaware of the potential consequences. They take the firearm out of state as they believe they can. Then they travel to Massachusetts and unbeknownst to them the rules change. Now they are committing a crime. With a good, Experienced Massachusetts Criminal Defense Attorney cases like this one can be dismissed even though the law required a mandatory eighteen month jail sentence. Hiring a Criminal Lawyer in Massachusetts can be the most critical decision of your life. Make sure the lawyer you retain has defended cases like this and that he or she focuses on defending the accused. Gun Possession is a felony and in these circumstances you should not have a conviction.

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