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The Quincy Patriot Ledger reports that Adnan K. El-Amine has been charged with three counts of Indecent Assault and Battery and one count of Assault and Battery from an attacked that is alleged to have occurred two years ago. Authorities claim that the Sexual Assault occurred on December 1, 2007 in Duxbury, Massachusetts. The case is being prosecuted in the Plymouth District Court. El-Amine was released on his own recognizance.

Any Massachusetts Criminal Attorney will immediately ask why it took two years for the criminal complaint to issue. Is the delay the responsibility of the police, the district or the alleged victim. Most likely the alleged victim waivered on whether or not make a complaint. If that is the case then this person’s credibility will certainly be impacted at trial. Keep in mind, these are very serious charges. An Indecent Assault and Battery in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 265 Section 13H. Jurisdiction lies in both the district court and the superior court however if convicted in the district court the maximum sentence that can be imposed is two and one half years in the House of Correction. People convicted of this crime face consequences of registration before the Massachusetts Sex Offender Board. So I would think that given the severity of these charges a complaint would have issued shortly after the alleged acts occurred.

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According to the Brockton Enterprise a forty three pound package of Marijuana was shipped from the Midwest to a home in Pembroke, Massachusetts addressed to “Pembroke Little League”. There, Anthony Merlino of Falmouth, Massachusetts took possession of the package and loaded it into a truck. Police officers aware of the situation were surveilling the area. When Merlino loaded the package he was arrested. He now stands charged with Possession With Intent to Distribute Marijuana. The case is currently being prosecuted in the Plymouth District Court. Police provided little comment on the event suggesting that their investigation was still pending.

At first glance most Plymouth County Drug Crimes Defense Lawyers would suspect that this case implicates Search and Seizure issues. Here are some questions that immediately come to mind. Why was that location under surveillance? Obviously the police were tipped off to the possible existence of Drug Crime activity at that address. How reliable was the person who provided the information on which they were relying? In order to survive constitutional scrutiny and a Motion to Suppress the district attorney is going to have to show that the informant was reliable or that the information he provided was sufficiently corroborated to enable them to arrest Merlino. What do the police reports say about the duration of the investigation and the information adduced from the investigation? As a Massachusetts Criminal Defense Lawyer Who Handles Drug Cases I love the challenges cases like this bring. Please visit our Case Results page to see examples of some of the cases we have successfully defended.

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According to the Lowell Sun Angel Escalera of Lowell, Massachusetts was in a fight with his girlfriend on Saturday morning. The police were advised that a Domestic Dispute was in progress and they responded to find Escalera and his girlfriend in a verbal argument. Apparently the two were fighting over the fact that a male had called the victim earlier. As the police investigated the victim told them that Escalera threw a cup of hot coffee on her neck and back. The woman’s shirt was wet and there were red marks on her neck consistent with minor burns. The victim refused medical treatment. The defendant was released on personal recognizance after being arraigned on charges of Assault and Battery by Means of a Dangerous Weapon. The case will be prosecuted in the Lowell District Court.

An Experienced Lowell Massachusetts Criminal Defense Lawyer could very well get a great result for Mr. Escalera. Many times these cases get dismissed due to the reluctance of the victims to go forward and testify at trial. If the parties reconcile their differences the victims often have a tendency to be uncooperative with the district attorney. Even if the victim is cooperative these cases can be continued without a finding particularly if the defendant has no criminal record. Lawyers in Massachusetts who Defend Domestic Violence Cases know what cases should be tried, what cases will be tried and which ones should be resolved short of trial. They will also know which cases are likely to get dismissed. It is important that you hire the right lawyer to ensure that your rights are protected.

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The Lawrence Eagle Tribune reported today that Paul Arlit of Lawrence, Massachusetts has been charged with Rape of a Child under the age of sixteen. Apparently the case came to light when a therapist told the police about a Sexual Assault involving Arlit and a fourteen year old girl. The assault is said to have occurred several weeks ago. It is alleged that Arlit and the girl were in his basement where he touched her inappropriately and asked her to perform a sex act. The police report suggested that Arlit admitted to having committed some criminal activity of a sexual nature involving the girl and to having smoked Marijuana with her. Bail has been set at five thousand dollars cash.

The article fails to specify whether or not the charge is Rape of a Child With Force or simply Rape of a Child. The latter version of this crime is also known as Statutory Rape. Both Rape and Statutory Rape in Massachusetts carry potential life sentences. These cases are felonies and they are prosecuted in the Superior Courts. As a Lawrence, Massachusetts Rape Defense Lawyer in this case I would like to know who made the disclosures to the therapist and in what context the statements were made. The rules of evidence have different applications when the victim made the statements or the defendant makes the disclosure. Excluding these statements often makes successfully defending the case before a jury easier.

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Krysty Sampson of Abington, Massachusetts was awakened Thursday morning by a man standing at the foot of her bed, carrying a knife and demanding money. Apparently Ms. Sampson chased the intruder from her home and down the street. A neighbor witnessed these events and called the police. Ms. Sampson’s yell for help during the incident alerted the neighbor to the problem. Police officers responded and noticed a strong odor of marijuana coming from the basement. They investigated and found growing equipment and eighty three marijuana plants. Ms. Sampson’s husband was not home at the time however both have been charged with Cultivating Marijuana. The case is being prosecuted in the Brockton District Court.

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Possible Possession With Intent To Distribute Marijuana Charges Loom Over Abington Home Invasion Victim

Cultivating Marijuana in Massachusetts is a crime in accordance with Massachusetts General Laws Chapter 94C Section 32C. The law states that anyone found guilty of this crime can be sentenced for up to two years in the house of correction. This crime is a Misdemeanor in Massachusetts meaning that the punishment for the crime itself does not include a state prison option. A Massachusetts Criminal Defense Lawyer with Experience in Brockton Courts might be able to get this case continued without a finding, particularly if the defendants do not have criminal records.

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Apparently, everyone did not get the memo that said that this is the season for giving, not stealing. The Lawrence Eagle Tribune reported that hundreds of toys that were earmarked for the “needy”, food and gift cards and computers were among items stolen from an Essex Street building in Lawrence Massachusetts last week. The building was the office location for a computer company, a recording studio and a school for chaplains. The stolen items included eighteen gold plated badges that were to be awarded to students at an upcoming Chaplaincy graduation.

If stealing were not enough to dampen the holiday season, the culprits left water faucets running causing overflow and additional damage to the building. Tenants who went to the recording studio during the early morning hours noticed dripping water from the ceiling. Investigation revealed that the building had been broken into and ransacked.

When the perpetrators are caught they may face a number of charges including breaking and entering a building in the nighttime with intent to commit a felony, malicious destruction of property over $250.00 and larceny over $250.00. If a person is convicted for breaking and entering in the nighttime with intent to commit a felony he or she faces the possibility of serving twenty years in state prison or two and one half years in jail.

In order to prove breaking and entering the Commonwealth must prove beyond a reasonable doubt that the defendant broke and entered into a building in the nighttime with intent to commit a felony. In Massachusetts the breaking and entering are considered two distinct acts. Areas that are often litigated in these types of cases are whether the defendant actually broke into the building and/or whether he or she actually entered the premises. For example, the opening of a window or door, which was partly open, further than it was before in a manner in which was intended to be used is not considered a breaking. However, going through and open window that is not intended for use as an entrance is considered a breaking.

Although the facts of this case are not all known, in the event that anyone is arrested a viable defense may be that the individual was misidentified. As in many cases when a defendant is not arrested at the scene, an experienced Massachusetts defense lawyer must examine the circumstances under which a witness identified the defendant. The lighting, the opportunity for a witness to observe the defendant and whether the identifying witness was familiar with the defendant are a few area that must be explored.

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Angel Marmol of Lawrence, Massachusetts is accused of posing as a lawyer and taking money from clients. He promised them he would file their divorce paperwork. Marmol volunteered at the Greater Lawrence Community Action Center. One of its employees reported Marmol’s actions to the police after learing that several clients who he met at the agency had complained that he had never filed their paperwork. Marmol was charged with Larceny by Scheme. The total value of the larceny right now stands at over one thousand four hundred dollars. The case will be prosecuted in the Lawrence District Court.

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Massachusetts Man Who Fraudulently Holds Himself Out As A Lawyer Charged With Larceny

Larceny by scheme is defined as a series of thefts set in motion by a single criminal intent such that all such takings constitute one single act of larceny. In other words, the district attorney can aggregate the sum of all the thefts so that the total amount rises to the threshhold that makes this crime a felony. So what exactly will happen to Marmol? Assuming Marmol hires a Criminal Defense Lawyer Who Handles Cases in Lawrence, Massachusetts and there are no additional victims the case might be continued without a finding. I would imagine that a condition of this disposition will require Marmol to pay full restitution to the victims. Larceny by Scheme is a Felony in Massachusetts.

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Nelson Nunez of Lynn, Massachusetts is currently being held in the Essex County Jail in Middleton on a cash bail of twenty thousand dollars. Nunez has been charged with Indecent Assault and Battery, Assault With a Dangerous Weapon and Assault With the Intent to Commit Rape. According to reports, on August 22, 2009 Nunez tried to rape his forty three year old girlfriend as he took off her clothes at knifepoint. The victim fought with Nunez and ran away calling for help after she freed herself. At that time the two had been in a relationship for over one year. Police stated that when they came into contact with the woman she had red marks and bruising around her neck. These cases are Felonies in Massachusetts.

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$20,000.00 Bail For Lynn Man Who Tried To Rape Girlfriend

In cases like this the fact that Nunez and the woman had a longstanding relationship often becomes a critical aspect of the defense. If they had a consensual sexual relationship a Massachusetts Rape Defense Lawyer might want to know what purpose would brandishing the knife serve. Was there truly an attack or was the report fabricated as a result of some dispute between the parties and the woman’s efforts to gain control of sorts in the relationship. What were the marks on the woman, if any consistent with. What statements has the woman made since the act that may suggest she is not being truthful. A thorough investigation is often the springboard for a successful defense. Defending Rape Cases in Massachusetts requires the expertise of an Experienced Criminal Defense Lawyer who has defended Sexual Assault Crimes and one who knows how to investigate such allegations.

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Last Friday the Massachusetts Supreme Judicial Court reversed a conviction for Attempted Rape of a Child. The facts of the case, Commonwealth v. Kerry Van Bell are as summarized as follows:

The defendant was the target of a sting investigation. An undercover police officer posed as a prostitute offering her foster child for sexual services to Van Bell. The officer called the defendant. The two agreed to meet. The officer was supposed to bring with her the child. The meeting transpired at a convenience store. No child was present. The officer asked for some money. The defendant refused to pay without seeing the child. Detailed negotiations followed. The office gave the child’s location and a fee of two hundred dollars was negotiated. Backup officers were then contacted and the defendant was arrested as he was driving out of the parking lot of the convenience store. Van Bell admitted to police that he had negotiated to have sex with a five year old girl. He was convicted of several crimes, one of which was Attempted Rape of a Child.

Van Bell appealed his conviction to the Massachusetts Supreme Judicial Court. The conviction was reversed. The Court held that the prosecution failed to present sufficient evidence to show the Van Bell engaged in an “overt act”, an element of the Crime of Attempt in Massachusetts. To be convicted of an Attempt in Massachusetts the prosecution must prove beyond a reasonable doubt 1) specific intent, 2) an overt act and 3) nonachievement of the crime. An overt act must “come near enough to the accomplishment of the substantive offence to be punishable.” In this case the overt act was not legally established by the district attorney. Here is some of the reasoning. The defendant had never seen the child. He did not know the exact location of the child. He never followed the officer to the child’s location and he never paid for the services. To satisfy this aspect of the statute there is a need to prove that the defendant was very near to the actual commission of the crime.

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The plaintiff alleged in the application for a restraining order that she was afraid to be left alone in the residence that she shared with the defendant. The plaintiff claimed that she was afraid that the defendant was “unable to control” her temper. A temporary 209 A restraining order issued based on the plaintiff’s claim that the defendant verbally and emotionally abused the plaintiff. Following a hearing in which Our Attorney extensively cross examined the plaintiff, the District Court judge vacated the order holding that the plaintiff had not demonstrated that she was in reasonable fear of imminent physical harm.

If you have been served with a temporary restraining order in Massachusetts it is important that you know all of your rights. Although a restraining order is a civil order an alleged violation can result in the issuance of a criminal complaint. Thus, it is not always in one’s best interest to agree to the continuance of the order. M.G.L. Chapter 209A states that a person “suffering from abuse” by a “family or household member” may seek protection from such abuse by application to the court for an order requiring the defendant (among other measures) to refrain from abusing or contacting the victim. “Abuse” is defined by the statute as acts “(a) attempting to cause or causing physical harm; (b) placing another in fear of imminent serious physical harm; or (c) causing another to engage involuntarily in sexual relations by force, threat or duress.” G.L.c. 209A, § 1, as amended through St. 1996, c. 450, 232. See Commonwealth v. Gordon, 407 Mass. 340, 344-345 (1990); Wooldridge v. Hickey, 45 Mass. App. Ct. 637 638-639 (1998). In deciding whether to issue such a c. 209A order, a judge must consider carefully whether serious physical harm is imminent. Smith v. Joyce, 421 Mass. 520, 523 n. 1 (1995). “Generalized apprehension, nervousness, feeling aggravated or hassled, i.e., psychological distress from vexing but nonphysical intercourse, when there is no threat of imminent serious physical harm, does not rise to the level of fear of imminent serious physical harm.” Wooldridge v. Hickey, 45 Mass. App. Ct. 637, 639 (1998), citing Larkin v. Ayer Div. of the Dist. Ct. Dept., 425 Mass. 1020 (1997). The Court also reads the Legislature’s language in § 1 (“attempting,” “placing,” and “causing”) as revealing an intent to limit the definition of abuse to the present tense. See United States v. Wilson, 503 U.S. 329, 333 (1992) (“Congress’ use of a verb tense is significant in construing statutes”). Language in § 3 also suggests that c. 209A was designed to allow persons presently “suffering” from abuse to seek relief. Therefore, the Court concluded that G.L.c. 209A, § 1(b), focuses on preventing imminent serious physical harm, not merely responding to past abuse. Dollan v. Dollan, 55 Mass. App. Ct. 905 (2002). If you oppose the continuance of the restraining order having an experienced Massachusetts domestic violence lawyer on your side who knows the legal standards is important.

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