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The Waltham News Tribune reports that Justina Morin of Adams Street has been charged with Possession of Cocaine and Possession With the Intent to Distribute Cocaine. According to the police, last Thursday Morin sold about three and one half grams to an undercover officer. Morin texted the officer and made arrangements to meet him at a specified location for the purpose of selling cocaine to him. This was not the first time Morin sold to this officer. On April 8, 2010 she allegedly sold him one hundred dollars worth of cocaine at a Dunkin’ Donuts parking lot on Main Street. Morin has been released on personal recognizance. The case will likely be prosecuted in the Waltham District Court.

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http://www.dailynewstribune.com/news/copsandcourts/x1773732506/Waltham-woman-accused-of-selling-cocaine

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Waltham, Massachusetts Cocaine Sales Defense Lawyer

Hand to hand sales to undercover police officers can be difficult to defend. A typical defense in cases like this is entrapment. Most people think that police officers acting in an undercover capacity give rise to an entrapment defense. It does not. Rather, to prevail under this theory it must be established that the defendant was not predisposed to dealing drugs and that the undercover police pressured him or her in a way that overcame their will not to sell drugs. Even the most Experienced Massachusetts Drug Crimes Defense Lawyers find difficulty in successfully presenting entrapment defenses.

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A Lynn, Massachusetts police officer who was on Essex Street observed a car with five people traveling near him. He detected an odor of marijuana coming from the car. He followed the car and noticed that it did not have an inspection sticker. He pulled it over and questioned the driver, Toniea Coleman. Coleman was told that she was being stopped due to the odor of marijuana. All occupants were asked to get out of the car. Once they did they were searched. One of the passengers, Kerlin Aubourg had a large amount of cash in his possession. The rear passengers, Andre Sanders, Ali McMillan and Tyla Monteiro were taken from the car. Sanders was found to be in possession of marijuana. Monteiro was found in possession of marijuana. There were open containers of alcohol in the car. A loaded firearm was found in the trunk of the car. Seven grams of crack were found in the car as well. Authorities allege that Monteiro admitted that the gun belonged to him. He has been charged with Possession With Intent to Distribute Class B, School Zone Violation, Possession of Ammunition and Possession of a Firearm. Monteiro was also found in possession of additional crack cocaine. The others face the same charges. Aubourg is from Malden, the rest are from Lynn.

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Lynn, Massachusetts Drug Possession, Distribution, School Zone, Firearm Lawyer

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Search and Seizure Lawyers In Massachusetts

Since the new marijuana laws went into effect there has been a considerable amount of litigation centering on what now constitutes a lawful stop when police officers smell marijuana. Possession of one ounce or less of marijuana is no longer a crime in Massachusetts. It is a civil infraction punishable by a fine of one hundred dollars. Thus, the question now is what right do police officers have to stop a car simply because they smell marijuana. Police must have a reasonable suspicion to stop a car and question its occupants. The officers must have specific and articulable facts that the people committed a crime. Here, it is questionable as to whether or not an officer can truly smell burning marijuana in a traveling vehicle. Supporting that contention is the absence of any evidence showing that marijuana had in fact been smoked. Also in this case there were five people involved. The article does not make clear who the officer suspected of criminal activity. It is unlikely that this stop will survive constitutional scrutiny as to all defendants, particularly if all defendants Hire an Experienced Massachusetts Criminal Lawyer.

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Around 2:00 a.m. Monday morning Taunton, Massachusetts police received a 911 call from a woman who had locked herself in a bathroom after having been beaten by her boyfriend according to the Brockton Enterprise. The officers who responded located the woman in the bathroom and appearing scared. She alerted them to the fact that her boyfriend, Peter Azille was hiding behind the bathroom door. The two were separated. Azille yelled to the woman not to talk to the police. He maintained an aggressive attitude towards law enforcement officials, was handcuffed and arrested. The woman refused medical treatment yet due to her representations Azille was charged with Kidnapping and Domestic Assault and Battery. His actions towards the police and witnessed by the police resulted in him being charged Witness Intimidation and Resisting Arrest.

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http://www.enterprisenews.com/news/cops_and_courts/x1920417408/Taunton-man-charged-with-kidnapping-assaulting-girlfriend

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Massachusetts Criminal Lawyer, Resisting Arrest

As I have mentioned many times in the past Resisting Arrest in Massachusetts is all to often a charge issued against people who have been assaulted by the police during the course of an arrest or investigation. Many times police officers try to deflect their violent, aggressive and at times illegal conduct by charging suspects with crimes that they did not commit, simply to avoid being sued for their behavior. Assault and Battery on a Police Officer is another such charge brought for the same reasons. Each and every time I meet with a client who has been charged with Resisting Arrest or Assault and Battery on a Police Officer the client has been visibly beaten and bruised by the police officer who created the charge. Here, given that the victim did not receive medical treatment and is the defendant’s girlfriend there stands a chance that the Kidnapping and Domestic Crimes will not be prosecuted successfully. That is why it is imperative that Azille Hire a Massachusetts Criminal Lawyer who has experience defending charges of violence against police officers.

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Around 3:00 a.m. Monday Lynn, Massachusetts police responded to a call for an Assault. The victim reported that her child’s father, Anthony Gainey knocked on her door. When she answered he pushed the door open, entered the apartment and threw her into a wall. Once she fought back Gainey pulled out a firearm, put it to her head and threatened to kill her. She screamed and Gainey left the home. He entered a vehicle in which co-defendant Keron James Franklin was seated. Police located the car and arrested the occupants, Gainey and Franklin. Franklin was found in possession of a Knife, Crack Cocaine, Percocet pills and Marijuana. He is being charged with Distribution of Class D and Distribution of Class B. Gainey is being charged with Breaking and Entering With the Intent to Commit a Felony, Assault and Battery by Means of a Dangerous Weapon and Domestic Assault and Battery.

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http://www.thedailyitemoflynn.com/articles/2010/05/11/news/news14.txt

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Domestic Violence Defense Lawyers in Massachusetts
Cases charging defendants with acts of Domestic Violence in Massachusetts can be difficult for district attorneys to prove. Take for instance this case. Gainey and the complainant had a relationship that produced a child. Issues centering on children are often emotionally charged. People say and do things that they do not mean or are not true. It is unlikely that Gainey really had a gun. If he had the presence of mind to rid himself of the weapon after this dispute it would be due to his fear that the police were looking for him. It would logically follow that Franklin would then get rid of his drugs. Gainey’s might defend this case by suggesting the complainant is lying. Absent corroboration of her story this might be a viable defense. Franklin faces a different situation. His defense will center on the legality of the Search and Seizure. Absent reasonable suspicion the police had no legal reason to frisk him. Franklin was not in any way involved in the incident at the woman’s apartment. He was simply in a car, waiting for Gainey. Absent an articulable suspicion the pat frisk might be deemed illegal and Franklin’s case could be dismissed in its entirety.

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Quincy drug unit detectives arrested Javier Vargas two days ago after he was observed engaged in a drug deal with another Massachusetts man. The location of the deal was the Crown Colony officer park, an area that has recently seen an increase in Drug Distribution activity. According to reports in the Quincy Patriot Ledger Vargas and another were seen following one another, coming to a stop side by side and engaging in suspicious activity. As the cars separated police contacted the alleged purchaser who had just injected heroin in the parking lot. This individual provided information about Vargas and was not charged with a crime. Police then located Vargas, pulled him over and searched him and his car. They located twenty eight bags of heroin. Vargas who is from West Roxbury was charged with Distribution of Heroin, Trafficking Heroin and a School Zone Violation. The case is pending in the Quincy District Court but will likely be indicted and prosecuted in the Norfolk Superior Court in Dedham.

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http://www.patriotledger.com/news/cops_and_courts/x1773729607/Surveillance-by-Quincy-police-nets-an-alleged-West-Roxbury-heroin-dealer

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Quincy and Dedham, Massachusetts Drug Trafficking Defense Lawyer

Usually in cases like this one the person who is caught buying the drugs gets charged with possession, particularly where he or she is seen injecting the drugs. This is done for a couple of reasons. First, the user or purchaser just committed a crime. Second, if charged he will Hire a Massachusetts Criminal Lawyer which will eliminate him as a potential witness in the case. As a Massachusetts Drug Trafficking Defense Lawyer I would have my investigator contact the purchaser to see if his story matched the facts related in the police report. If not this individual might be a valuable witness either at trial of to attack the validity of the Search and Seizure of Vargas.

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Linda Ricciardelli is forty three years old. She is a bus driver. She has been charged with Trafficking Heroin and Trafficking Oxycontin. She is also facing Gun Charges in the Lynn District Court stemming from the same investigation. According to the Salem News an investigation started after Ricciardelli’s neighbors made unspecified complaints to police. A series of controlled buys of drugs from Ricciardelli was conducted. Yesterday she was arrested after selling one hundred fifty eighty milligram Oxycontins to an undercover person. Ricciardelli’s home was subsequently searched. The search revealed a substantial amount of cash, heroin and Percocets. Previous undercover buys from Ricciardelli in Lynn resulted in the seizure of Firearms. Bail has been set at five thousand dollars cash. As of now Ricciardelli has been charged with Trafficking, Possession With Intent and Possession of Controlled Substances.

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http://www.salemnews.com/local/x1036628224/Woman-charged-in-sales-of-guns-opiates

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Peabody Drug Trafficking Defense Lawyer, Heroin, Oxycontin

Massachusetts Courts have stated that information establishing that a person is guilty of a crime does not necessarily constitute probable cause to search the person’s home. Similarly, probable cause to expect that drugs will be present in a home is not established by the fact that the defendant lives there. Even if the defendant drives from his home to the location of a drug transaction, and returns to his home on the transaction’s conclusion, that, with nothing more does not provide probable cause to issue a search warrant. As a Massachusetts Criminal Lawyer with Experience Defending Drug Cases I would be interested in learning more about this investigation. If Ricciardelli is able to prevail on a Motion to Suppress man of the charges against her will be dismissed.

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Rafael Diaz of Lawrence, Massachusetts has been charged with Assault With Intent to Murder and Assault and Battery by Means of a Dangerous Weapon after stabbing a patron at a Lawrence nightclub this past Saturday. The victim, Javier Laboy was treated at Lawrence General Hospital and gave a description of Diaz. The police located Diaz at his home. He greeted the officers with a box cutter in his hand. His clothes had blood on them and he had a lump on his forehead. Diaz offered information that suggests Laboy might have been the first aggressor. The case is pending in the Lawrence District Court. If Laboy’s injuries are insignificant and Diaz has an unremarkable it is not likely that this case will be indicted to the Essex County Superior Court in Salem.

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http://www.eagletribune.com/local/x537290981/Man-stabbed-in-fight-at-social-club

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Self Defense in Massachusetts

In Massachusetts if the defense of Self Defense is presented it is the obligation of the prosecution to prove beyond a reasonable doubt that the accused did not act in self-defense. Everyone has the right to defend himself. To do so however the following circumstances must be present: 1) that the defendant had a reasonable belief that he was being attacked or about to be attacked; 2) the he limit the force he uses to that which is reasonably necessary under the circumstances and 3) that he do all he reasonably can to avoid combat. In close cases judges in Massachusetts are supposed to give the defendant the benefit of any doubt and give a self-defense instruction. Depending on what happened at the nightclub self-defense might be an option for Diaz to set out at trial. It would be interesting to see what the patrons who witnessed the incident have to say.

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kidnapping.jpgMichael Holyoke of Bridgewater, Massachusetts is facing several charges involving an alleged incident of Domestic Violence against his former girlfriend. The Lynn Item reports that the woman’s neighbor contacted police after hearing a man and woman fighting with one another. The woman also asked the neighbor for help. When the police arrived the two were still verbally fighting. The woman reported to the police that Holyoke punched her in the head several times and threw her into glass shower doors in the bathroom. He then blocked her escape route and smashed her cell phone after she tried to call the police. It was also reported that the victim stabbed Holyoke in the face and neck with a steak knife. Holyoke has been charged with Kidnapping, Intimidation of a Witness, Domestic Assault and Battery and Possession of a Class C Drug. The case is pending in the Lynn District Court. The case might be prosecuted in Salem in the Essex County Superior Court. The woman had previously taken a Restraining Order out against Holyoke.

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Massachusetts Domestic Violence Defense Lawyer

This appears to be one of those cases that will remain in the District Court. Even though the charges are serious cases of this nature only get prosecuted in the Supeior Court if there was substantial physical harm to the victim or if the defendant has a lengthy criminal record and presents a serious danger to the victim or the community. The bail in this case, five hundred dollars suggests the strong possibility that the prosecution will continue in the Lynn District Court. Stab wounds suffered by the defendant might have an impact on Holyoke’s Massachusetts Criminal Lawyer’s approach to defending this case. That evidence might also be indicative of who actually was the first aggressor.

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Enrique Lopes of Quincy, Massachusetts has been charged with Indecent Assault and Battery. According to reports Lopes groped a woman at the UMass Boston T station in Dorchester last week. Another person said that Lopes engaged in similar conduct towards another woman however that woman left before police arrived. The case is pending in the Dorchester District Court. Bail was set at two thousand dollars cash.

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http://www.patriotledger.com/news/cops_and_courts/x457996615/Man-charged-with-indecent-assault-and-battery

Dorchester Indecent Assault and Battery Defense Lawyer

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The crime if Indecent Assault and Battery in Massachusetts is a felony punishable by up to five years in state prison. As a practical matter most of these cases are prosecuted in the District Court where the maximum punishment is two and one half years in the house of correction. For the most part charges against first time offenders are continued without a finding. This eliminates the risk of having to register as a Sex Offender through the Massachusetts Sexual Offender Registry Board. In cases like this one, assuming Lopes does not have a criminal record a Massachusetts Criminal Lawyer should be able to get this case continued without a finding. However, I would expect as a condition of this disposition the defendant would have to undergo some sort of counseling. Regardless, Lopes needs to hire an experienced lawyer.

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Adrian Clarke of Boston and Lloyd Smith of Nantucket were charged in the Lynn District Court with Kidnapping and Raping a thirty two year old woman this past weekend. Bail for each was set at five hundred dollars. The Lynn Item reports that the woman, a prostitute was working in Boston Saturday night when she was approached by the defendants. She was forced into their vehicle and taken to a warehouse in Lynn. Both men forced her to have intercourse with them and to perform oral sex on them. They then put her back into the van and dropped her off at a street corner. The woman contacted the police who stopped the defendants in their vehicle. It is also reported that the defendants gave a different story. They negotiated a fee for her services. She agreed to go with them to Lynn. While on the way the defendants purchased some condoms. After engaging in the consensual, paid for sexual acts the victim fell asleep. She was then driven part way home but refused to get out of the car, offering to refund their money if they took her back to Boston. The defendants refused to do so. The charges are pending in the Lynn District Court. The prosecutor may choose to indict this case to the Essex County Superior Court in Salem.

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http://www.thedailyitemoflynn.com/articles/2010/04/13/news/news05.txt

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Lynn, Massachusetts Rape, Kidnapping Defense Lawyer

From the perspective of a Massachusetts Criminal Defense Attorney cases like this are difficult for the district attorney to successfully prosecuted. The “victim’s” story sounds more like a failed business venture than a Rape or Kidnapping. There will possibly be a chain of evidence supporting either the victim or the defendant’s story. There are cameras at toll plazas that might show where the woman was sitting the van and her demeanor. There may well be cameras at the store where the condoms were purchased either inside the store, in the parking lot or both. There will be evidence supporting or contradicting the stories that can be found at the warehouse. There might be cameras at the gas station in Revere where one of the defendants claims to have originally intended to drop off the woman. Any Massachusetts Criminal Lawyer with experience defending cases in Lynn and Essex County will look into these matters while defending his or her client.

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