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Paul Souza, a Boston Police Fire Department lieutenant has been charged with OUI, Malicious Destruction to Property Over $250, Assault and Battery and Failure to Stop from a Police Officer stemming from his involvement in an incident in Braintree this past Friday. According to reports, Souza cut off a car that pulled out of a parking lot in front of him. Souza then confronted the driver, broke his window, shouted obscenities at him and fled. The victim followed Souza. He called the police. Souza then tried to evade the police who ultimately apprehended him. The police detected alcohol on Souza’s breath and indicated that he was uncooperative at the time of the stop. The case is pending in the Quincy District Court.

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http://www.boston.com/news/local/massachusetts/articles/2010/02/16/boston-firefighter-charged-in_braintree_road_rage_incident/
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Quincy, Massachusetts OUI, Assault and Battery Lawyers

Cases like this are difficult for Massachusetts Criminal Defense Lawyers to defend successfully at trial. The district attorney would use Souza’s behavior as his or her best evidence of the OUI charge. They would argue that alcohol either triggered his violent behavior or prevented him from maintaining his composure. Trying to evade the police and being aggressive upon apprehension are also factors that would support their position. Given Souza’s rank it is unlikely that he has a criminal record. I would imagine that his lawyer will be successful in getting these charges continued without a finding. A consequence will probably include the 24D program and perhaps anger management counseling. I am willing to bet that this case does not go to trial.

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Eugenio Echevarria and Franklin Echevarria have both been charged with Robbery after a deal for the purchase of tire rims went bad. According to reports, the victim is a nineteen year old Brockton man who had agreed to buy the rims from the Echevarrias. The three met and agreed to a price of nine hundred fifty dollars. The victim then left to get some money. When he returned he got into the defendants car. A gun was placed to his head, his money was stolen and he was ordered out of the car. Police arrived, located the defendants and found the money. No firearm was located. The Echevarrias have been charged with Armed Robbery. The case is pending in the Quincy District Court.

Read Article: http://www.enterprisenews.com/news/cops_and_courts/x814065553/Two-charged-with-robbing-Brockton-man-in-Quincy

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Quincy, Massachusetts Armed Robbery Cases


Cases like this one are often defended successfully by Experienced Criminal Defense Lawyers in Massachusetts. There appears to be much more to this case than has been reported by the purported victim. If the Echevarrias had robbed this man and believed they were going to be apprehended they would do much more than get rid of the gun. They would have gotten rid of the money as well. There is no evidence other than the word of the victim that a crime occurred. Perhaps he regretted the deal he got himself into and this is how he intends to get his money back. This is a great case to defend and it would not surprise me to see the defendants get acquitted. This does not look like a true Massachusetts Armed Robbery Case.

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It was a bad day for seventy-one year old Edward Holden of Middleton when he was arrested and charged with a second offense of drunk driving in the Salem District Court. According to The Salem News, a Middleton police officer spotted Holden driving his PT Cruiser down a one way street the wrong way forcing other cars to swerve out of his way. According to reports, he was driving home after he was turned away from a package store. This past summer Holden was arrested and charged with his first offense of drunk driving after being involved in a head on collision while travelling the wrong way on Route 114.

The Essex County District Attorney’s Office moved to have Holden held without bail because he violated a term of pre-trial probation on his previous arrest by driving. A Salem District Court Judge denied this request but imposed $5,000.00 cash bail. Holden will be held in the Middleton Jail until he posts bail. He is due in court later this month for a pre-trial conference.

In Massachusetts, in order for the Commonwealth to prove that a defendant was drunk driving they must show that the person was driving a motor vehicle, on a public way and was under the influence. A commonly litigated issue is whether the defendant was under the influence. In order to prove this the District Attorney’s Office often relies on the observations of the police officers, the field sobriety tests, a breathalyzer (if any) and any statements of the defendant.
In order to counter the testimony of the officers, a good strategy is to emphasize all of the defendant’s behavior that is consistent with sobriety. For example, illustrating that the defendant had not problem producing his or her license, no problem getting out of the car and could follow directions are fertile areas of cross examination.

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Paul Robinson of Rockland, Massachusetts was arrested last week after employees of a Dunkin’ Donuts reported that he had exposed himself to them several times since last October. Apparently the manager of the store had reported the activity days before the arrest but no one was able to locate the suspect. Later, Robinson was found near the store. He was questioned and subsequently identified by store employees through photographs as the person who had exposed himself. Robinson was arrested and faces several counts of Open and Gross Lewdness. The case will be prosecuted in the Hingham District Court.

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Massachusetts Man Who Exposes Himself Several Times Charged In Hingham

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Open and Gross Lewdness in Massachusetts

Open and Gross Lewdness in Massachusetts is a crime in accordance with Massachusetts General Laws Chapter 272 Section 16. The law states that “[a] man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars.” This is a felony and a conviction could result in consequences before the Sex Offender Registry Board (SORB). In order to convict someone for Open and Gross Lewdness the district attorney must prove that the accused intentionally exposed genitals, breasts, or buttocks, that he or she did so openly or with reckless disregard of public exposure in a manner so “as to produce alarm or shock”; and the action actually shocked one or more persons. Flashing in the manner described in this article can at times satisfy the elements of this offense.

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Jamald Harrold is facing charges in the Essex County Superior Court in Salem, Massachusetts for Assault With a Dangerous Weapon, Trafficking Cocaine, Receiving a Stolen Motor Vehicle and a School Zone Violation. The case stems from a December 22, 2009 incident where Harrold got into a confrontation with his former girlfriend’s brother. It is alleged that Harrold pulled a knife on the man who in turn armed himself with a baseball bat. Police were called. When they arrived they observed the defendant in a motor vehicle that had been reported stolen a few days earlier. Inside the car the police found over twenty eight grams of cocaine.

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Lynn, Massachusetts Man Looking At 7 Years Mandatory For Dealing Cocaine

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Trafficking Cocaine in Massachusetts

The sentence for Cocaine Trafficking in Massachusetts rests primarily on the quantity of the substance that was sold or intended for sale. Over 28 grams mandates a five year state prison sentence. Add another two years to that conviction due to the school zone violation. The defenses to this case likely involve the ability of the prosecution to convince a jury beyond a reasonable doubt that Harrold knew that the drugs were in the car. Keep in mind that Harrold was charged with Receiving a Stolen Motor Vehicle, not Larceny of a Motor Vehicle. Implicit in this is the fact that he did not steal the car. It is also conceivable that whoever he borrowed the car from took never let him know that the car was stolen. Similarly, it is not inconceivable that that person was responsible for the drugs in the car, not Harrold.

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A Salem Massachusetts teenager is being held in the Essex County jail where he will remain for up to ninety days without the possibility of being released on bail, following a “dangerousness hearing” in the Salem Superior Court. According to The Salem News, eighteen year old Michael Ehlert was held following testimony from a seventeen year old special needs student who described what the judge called a “fairly vicious beating.” According to the paper, Judge John Lu stated that he believed that it is “reasonable” to believe that Ehlert might follow through on his threat to slit the throat of the complaining witness and have his mother sexually assaulted if he is released. Testimony of this alleged intimidation was a factor Lu relied on in concluding that there were no terms of release that would protect the safety of the boy, his mother or the public at large.

The witness testified that after he left his house to buy cigarettes at the store, Ehlert and a co-defendant dragged him into a Marblehead cemetery and beat him. Defense counsel highlighted inconsistencies between the teenager’s initial statement to the police and his “official” version given nine days after the incident. Despite pressing by counsel, the witness maintained that the relationship between Ehlert and himself was limited to interaction at the town’s skateboard park with mutual friends. Ehlert and eighteen year old Michael “Tampa” Leoni are facing charges that include robbery, assault and battery, and witness intimidation. Ehlert’s twenty-two year old brother is facing a charge of witness intimidation. It is alleged that the made phone calls to the witness following Michael Ehlert’s arrest.

Based on the facts in this case it appears that a thorough pre-trial investigation must be conducted to determine the motive for the complaining witness to change his story. Massachusetts General Laws 268 § 13B states that the crime of witness intimidation requires proof that (1) an individual was a witness in a stage of a criminal proceeding, and that the defendant (2) willfully endeavored or tried to influence the witness, (3) did so by means of intimidation, force, or threats of force, or the offering of inducements, and (4) did so with the specific intent of influencing the witness. Based on Massachusetts case law, it is not necessary that charges be lodged at the time of any alleged intimidation. “Any stage of a criminal proceeding” may encompass actions committed by a defendant before the police was called or the alleged crime was reported. For example, the authorities often charge a defendant with “intimidation of a witness” when a complainant alleges that the defendant took his or her phone in an effort to prevent the reporting of a crime.

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On Saturday Min Deng was arrested and charged with Prostitution after Framingham, Massachusetts police responded to an advertisement on “craigslist” for “adult services”. A Framingham police sergeant who was searching the website found a listing for the services. He responded and met with Deng at her apartment. Deng offered Sex for a Fee after which she was arrested. Deng’s arraignment is set for February 17, 2010 in the Framingham District Court.

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Prostitution Charges For Woman Offering Massages Out Of Framingham Apartment

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Prostitution in Massachusetts

Massachusetts General Laws Chapter 272 Section 53A makes Prostitution in Massachusetts a misdemeanor, punishable by up to one year in the house of correction. Massachusetts Criminal Lawyers with experience defending prostitution cases can usually get charges for first time offenders dismissed with court costs or continued without a finding. In this case it is interesting that Deng could not be arraigned because there was no Mandarin interpreter to translate the proceedings yet the officer investigating the case contends that she negotiated specific sex acts for certain fees. How did he know what she was saying given that she was offering massage services and a massage table was set up in the apartment. I am sure that Deng’s lawyer will explore this issue in mounting a defense. Absent a lengthy criminal record I would not be surprised to see this case resolved favorably for the defendant.

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About a year and a half ago police in Pepperel were called for a report of a Motor Vehicle Break-In. The 911 caller gave police a descrption of the subject who fled prior to the police arrival. While investigating the report the police noticed a cigarette butt in the driveway. They kept it as evidence and had it tested for DNA. Around this time there were about a dozen or so reported car breaking in this area. A credit card was stolen from one of the cars. It was determined that Derek Delosh used the credit card to make a purchases. Delosh told the police that he obtained the credit card from Jordan Alves. Upon further investigation the authorities learned that Alves’ DNA was on the cigarette butt. Alves is charged with twenty counts of Breaking and Entering a Motor Vehicle and Larceny. The charges are pending in the Ayer District Court.

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DNA Helps Cops Charge Locals With Breaking And Entering Motor Vehicle

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Breaking and Entering a Motor Vehicle in Massachusetts

Massachusetts General Laws Chapter 266 Section 18 makes it a crime for anyone to break into a motor vehicle with the intent to commit a felony. A conviction of this offense is punishable by up to ten years in state prison. The underlying felony in this case is larceny which is punishable by up to five years in state prison. Alves DNA on the cigarette butt coupled with Delosh’s statements are enough to sustain the criminal charges in this case. Absent a description from the victim or other evidence such as fingerprints on the vehicle a conviction might be more difficult to secure, particularly if Delosh does not testify for the prosecution.

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Ivaylo Hristov, a Canadian citizen who has been charged in Norfolk County with Larceny Over $250 and Identity Fraud. The district attorney is alleging that Hristov attached scanners and cameras to ATM machines throughout parts of Massachusetts. This equipment would take and photograph information from bank customer’s debit cards and record the PIN numbers as well. Hristov would take the information and place it on a blank card. Thereafter he would use the card to withdraw money from the person’s bank account. It is believed that Hristov is working with others and that they have collectively stolen over one hundred thousand dollars. The defendant is being held on one million dollars cash bail set in the Quincy Court.

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Man Caught Stealing Card Information From ATM Machines Charged

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Identity Theft and Identity Fraud in Massachusetts

Massachusetts General Laws Chapter 266 Section 37E makes it a crime to use someone else’s identity to either defraud that person or someone else while using that person’s identity. This statute makes the maximum sentence for a conviction of this offense two and one half years in the house of correction. It is a misdemeanor and lies within the jurisdiction of the District Court. These cases can be easy for the prosecution to prove in cases where the suspect is videotaped stealing the money. It is even easier in cases such as this one where the suspect is caught with the fake card in his possession and seen trying to engage in the transaction. The larceny charge carries a more severe sentence, five years in state prison. I would imagine that if Hristov is suspected in several other such incidents more charges will follow and the case will be prosecuted in the Superior Court. Hopefully Hristov has hired an Experienced Massachusetts Identity Theft Defense Lawyer who can either find valid defenses to this case or work out a favorable plea deal.

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Back in October of 2009 Jewil Guerrero of Boston was identified as a suspect in a drug dealing operation in the South Shore. Just the other day police were conducting surveillance of a Braintree home when they saw Guerrero pull up to the home in minivan and engage in discourse with another man who entered the vehicle. Police then stopped Guerrero’s car and found marijuana in his lap. They also found thirty bags of heroin in a bottle in the driver’s door armrest. Guerrero was charged with Possession With Intent to Distribute Heroin and Possession With Intent to Distribute Marijuana. The case is now pending in the Quincy District Court.

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South Shore Massachusetts Drug Investigation Results In Arrest

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Possession With Intent to Distribute Heroin in Massachusetts

The crime of Possession With Intent to Distribute Heroin is a felony in Massachusetts. This crime can be prosecuted in either the Superior Court or the District Court. The maximum penalty for a conviction is ten years in state prison if the defendant is convicted in the Superior Court and two and one half years if the case stays in the District Court. The facts of this case suggest that a motion to suppress may come into play. The first question a Norfolk County Criminal Defense Lawyer might ask is why did the police stop Guerrero’s car. The article is silent on this and if the police were acting on a hunch the stop might be deemed illegal by a judge and the drugs will be suppressed.

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