Justia Lawyer Rating
Super Lawyers Badge
Avvo Badge
Massachusetts Bar Association
Top-Rated Lawyer

| by

Just before Thanksgiving Massachusetts Police set up a sobriety checkpoint in North Andover, Massachusetts. According to many reports Kenneth Howe, a forty five year old father of three was a passenger in a car being driven by a friend. The car was pulled over at the sobriety checkpoint. Howe might have had a marijuana cigarette in his possession that he was trying to extinguish. When asked to get out of the car he jumped out of a window, supposedly struck an officer and attempted to run away. He was quickly apprehended. Other reports suggest that Howe was dragged out of the car by a female trooper who claimed that Howe had assaulted her. A friend of Howe’s who was present at the time stated that up to twenty police officers descended on Howe. The lawyer for Howe’s family, Frances King commented that the “police acted like savage beasts” and that a witness overheard officers stating it was a “good thing we had flashlights”. Howe was taken to the police barracks in Andover where he collapsed during booking. He was taken to the Lawrence General Hospital where he was pronounced dead.

Read Article:

Massachusetts Man Dies After Struggle At Sobriety Checkpoint

Almost every time I have a client who has been charged with Assault and Battery on a Police Officer the client comes into my office looking pretty beat up. There is no secret in Massachusetts Criminal Legal circles that this charge is filed anytime the police get overly aggressive with a suspect. Defense attorneys, judges and prosecutors know this and often the result of the case; i.e. a dismissal of this charge reflects this sentiment. The best thing defense attorneys can do in a case like this is go to the crime scene and look around for surveillance cameras. Post 9-11 many businesses and government structures such as schools, highways, bridges and even police vehicles have installed videotaping equipment to monitor suspicious activity. In this case, if there is video evidence of this incident I have no doubt that Attorney King will find it. She is an excellent attorney who knows firsthand how law enforcement officers operate.

I am more curious to see how the Essex County District Attorney’s Office handles this case. If Attorney King’s witnesses’ account of this event is accurate, what will Mr. Blodgett do? Twenty or even ten police officers beating a man to death at a sobriety checkpoint is nothing short of murder. How can these actions be justified? How injured was the female trooper? Did she go to the hospital? The law on self-defense in Massachusetts is clear. You can use no more force than is necessary to defend yourself. Was it necessary to use force sufficient to kill Howe? And would it not make more sense for an independent agency to investigate this case? After all, Mr. Blodgett’s office prosecutes cases that many of these officers have investigated. If ten or twenty civilians went to the aid of a female friend or colleague who claimed to have been struck by a stranger and beat him to death you can be assured that Mr. Blogdett would respond with indictments. One thing you can be sure of. If Jonathan Blodgett does not properly investigate this case, Frances King will.

Continue Reading

| by

The Lawrence Eagle Tribune yesterday reported that at midnight this past Sunday Methuen Police responded to a call from a witness who witnessed a heated argument between two men and a woman in a parking lot near Lawrence, Massachusetts. The police observed two men driving away from that area and a woman walking next to the car they were in. The police approached the car and the men ran off. Supposedly the passenger, Andrew Howard of Haverhill began fighting with the pursuing officers. He was tased. The driver, Richard Farrell of Methuen complained that he was sick and was taken to a local hospital. When he got there he fled. Inside the car the police found over a pound of marijuana and ten thousand dollars cash. Both men have been charged with Possession With the Intent to Distribute Marijuana. Howard faces the additional charges of Assault and Battery on a Police Officer, Resisting Arrest, Threatening to Commit a Crime and Illegal Wiretapping due to his recording the event on his cell phone. The woman was not arrested or charged.

Read Article:

Drug Charges For Two Massachusetts Men Who Ran From Police After Stop

Defense attorneys should have a great time with this case. How is it that prosecutors can attribute the marijuana to both of these defendants and not the girl? What evidence is there that either or both knew about the marijuana that was supposedly hidden in the car? How was Howard able to flee the scene, fight with the officers, get tased, resist arrest and record the entire incident? What evidence does the district attorney have to show that Howard or Farrell had the requisite intent or even knowledge under Massachusetts law to satisfy their burden of “intent to distribute”? Experienced Drug Defense Lawyers in Massachusetts have a tremendous amount of material with which to fight this case provided the article is accurate and sufficiently detailed. I would expect to see motions to dismiss or suppress or possibly both filed in this case. I can see certain scenarios wherein either or both defendants can win this case or walk out without a criminal record.

Continue Reading

| by

Alan Greco is sixty two years old. The Massachusetts resident was convicted of several counts of Possession of Child Pornography yesterday in the Newburyport District Court. According to reports Greco was receiving Child Pornography in the mail from a distributor located in California. A database found in the distribution center listed Greco as a customer who had ordered several movies. Greco was arrested when an undercover official posing as a postal worker delivered Child Porn to Greco at his home. The defendant’s home was searched after his arrest. Several hundred videos depicting acts of child pornography were found in his home. Grecon denied having sex with minors. As part of his sentence Greco will be on probation after his release, must register as a sex offender and undergo treatment and counseling.

Read Article:

Child Pornography Charges Land Massachusetts Man In Jail

Possession of Child Porn in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 272 Section 29C. The district attorney can prosecute this case in either the district court or the superior court. As with any district court felony case there is a maximum two and one half year house of correction that can be imposed. In the superior court these charges can result in a five year state prison sentence. The imposition of jail time for first offenders in child porn possession cases is considered a high sentence by many. Often times convictions for this offense result in probation. Sex Offender Registry Board consequences are inevitable regardless of the sentence.

Continue Reading

| by

A stop for what police believed would be a routine drunk driving arrest resulted in a Lawrence man, Silver Dubon, being arrested on outstanding warrants for threats, assault and battery and attempted murder. Dubon was initially pulled over on route 110 in Lawrence and charged with speeding, failure to use care in stopping, a marked lanes violation, driving without a license and operating under the influence of alcohol. According to The Lawrence Eagle Tribune, after the police determined the identity of the driver, he faced additional charges. Reports indicate that the outstanding warrants relate to a case of alleged domestic violence dating back to 2008. Although all of the facts of the case are not known at this time, the Tribune reports that over one year ago Dubon allegedly had an argument with his wife that escalated into a physical fight.

In Massachusetts operating under the influence of alcohol and assault and battery are considered misdemeanor offenses. Assault and battery by means of a dangerous weapon and attempted murder are felonies. A charge is a misdemeanor when the most that a defendant could be sentenced to is a committed sentence in jail or in the house of correction. If the potential penalty for a crime is committed time in state prison then the offense is considered a felony.

If you have been charged with a crime you should have an experienced Boston defense attorney on your side. If you are facing charges in Peabody, Lowell or Lawrence having a local defense lawyer on your side can make a big difference in the outcome of your case. In cases where a defendant is charged with “domestic violence” a 209 A civil restraining order is often sought by the complaining witness. Although the order itself is civil, a criminal charge may issue if there is an allegation of a violation of the order. Thus, preventing the issuance of the order by having an attorney present your side of the case is crucial.

Continue Reading

| by

Manson Brown was serving a seven to ten year sentence at the Old Colony Correctional Facility in Bridgewater, Massachusetts. He was scheduled to be paroled in 2012. This past Friday Brown escaped from the prison sometime in the early evening hours, just after dark. In 2005 Brown was convicted of home invasion and robbery. However he was recently indicted on rape charges in the Middlesex Superior Court in Woburn stemming from a 1996 attack in Cambridge. Brown last lived in the Mattapan section of Boston. Reports from the Plymouth County Sheriff’s Office suggest that Brown may have escaped during a cigarette break. Other sources state that the escape was from the kitchen.

Read Article:

Man Facing Rape Charges In Massachusetts Escaped From Prison

The crime of Escape in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 268 Section 16. A conviction for this crime is punishable by up to ten years in state prison. This however seems to be the least of Mr. Brown’s problems. It is believed that Brown’s escape attempt was motivated by the recent rape and home invasion indictment. Local media outlets have suggested that DNA testing linked Brown to the thirteen year old rape. A conviction for Home Invasion in Massachusetts carries a minimum mandatory twenty year state prison sentence. If convicted of this crime alone Brown would not be paroled until he was in his mid 70’s.

Continue Reading

| by

A phone call from a concerned neighbor reporting a domestic dispute led to an unidentified forty seven year old man being wheeled from the home on a stretcher with what police described as a “very deep stab wound.” The Lowell Sun reports that late last evening the police were guarding the scene and waiting for word relative to the seriousness of the man’s injuries. An unidentified woman was taken to the Lowell police station for questioning.

There are a variety of turns that this case could take. Although it appears that the man suffered serious injuries, the circumstances surrounding the stabbing must be thoroughly investigated. In the event that the woman in charged with a crime charges may stem from assault and battery with a dangerous weapon to assault with intent to murder. However, as of the publication of this article, it had not been determined that the woman was even the person that committed the stabbing.

When an arrest is made in a case of “domestic violence,” the complaining witness is given information relative to applying for a restraining order. If issued a 209A restraining order usually requires that the defendant refrain from abusing the plaintiff and often times orders him or her to stay away from the plaintiff’s residence and sometimes children. Although it is a civil order if the defendant is accused of violating the order criminal charges may issues. The standard for issuing an order is low. If you have been served with a temporary restraining it is important that you contact an attorney to explain your rights and what to expect at the next hearing. If you want an experienced Massachusetts domestic violence attorney on your side contact Our Attorney.

In cases with similar facts, a potential defense would be investigating whether the individual that used the knife was acting in self-defense or in defense of another. Another aspect of the case to be examined in the event that a suspect gave an incriminating statement would be to determine whether the statement was given freely and voluntarily with knowledge of his or her “Miranda Rights.”

Continue Reading

| by

Sixty year old Chamroeun Theam of Lowell Massachusetts has been charged with operating a motor vehicle while under the influence of alcohol for a second time, failure to yield to a pedestrian in a crosswalk, operating to endanger, having defective equipment and failing to submit his motor vehicle for inspection. According to The Lowell Sun, the charges stem from an incident when a twenty-five year old mother attempted to cross Flethcer Street with her two and four year old children. Apparently not realizing that there were pedestrians in the cross walk, Theam failed to yield and struck the stroller. The accident was witnessed by a number of bystanders including Lowell police officers. The police and emergency personnel responded to the scene. Following a number of field sobriety tests Theam was arrested and charged with the above offenses.

The most serious of the offenses that Theam faces is driving while under the influence of alcohol, commonly referred to as “drunk driving.” Since this it Theam’s second offense, if he is found guilty he faces a mandatory minimum sentence. M.G.L.A. 90 § 24 provides that for a conviction of a second offense the defendant shall be punished by a fine of not less than six hundred nor more than ten thousand dollars and by imprisonment for not less than sixty days nor more than two and one-half years. Any sentence imposed shall not be reduced to less than thirty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served thirty days of such sentence. The Courts routinely allow a defendant to enter and complete a two week inpatient alcohol program in lieu of serving the thirty days in the house of correction.

In Massachusetts, the consequences for a conviction of driving under the influence of alcohol are significant. If you have been charged with drunk driving it is important that you have an experienced criminal lawyer on your side to ensure that all of your rights are protected. Areas of the case that must be examined are often whether the individual was “driving” in the legal sense; whether any operation took place on a “public way”‘ and whether the defendant was legally under the influence of alcohol. Understanding the law and the facts are critical to mounting a successful defense.

Continue Reading

| by

Last Friday Daniel O’Brien was arrested in Littleton, Massachusetts after trying to entice a twelve year old girl to meet him at a local train station. O’Brien is from Virginia. Authorities claim that after months of online exchanges with the girl he came to Massachusetts by train as planned. When he arrived he was met by local police and arrested him. O’Brien had a return ticket for the girl in his possession. Charges of Attempted Kidnapping and Child Endangerment are now pending in the Ayer District Court. Bail was set at fifty thousand dollars cash.

Read Article:

Man To Be Arraigned For Attempted Child Abduction In Massachusetts

Typically in cases like this law enforcement officials are able to produce email and other computer generated correspondences between the victim and someone else. Identifying that other person accurately can be problematic. People use other people’s computers. Predators use fictitious names. IP addresses help narrow the search for the suspect but do not necessarily direct police to the culprit. Defending these case can be challenging. In Massachusetts Criminal Defense Lawyers who Defend Internet or Cyber Crimes are necessary in these types of cases. Your best chance of success is hiring a Massachusetts Internet Crimes Lawyer to protect your rights. Prosecutors take these cases very seriously and they are usually prosecuted in the Superior Courts.

Continue Reading

| by

Angel Mejia, a Lawrence Police Detective, was arrested and charged with assault and battery on his sixteen year old daughter. According to The Lawrence Eagle Tribune, Mejia had a confrontation with his teenage daughter when he caught her attempting to sneak into the house at 5:45 a.m.. It is alleged that Mejia pushed his daughter onto the pavement, where she struck her face and suffered bruises and scrapes. It has been reported that the Detective also pushed her against the garage door and the refrigerator. This type of case is often categorized as a case of Domestic Violence and taken very seriously by prosecutors and the court system. Due to the fact that Mejia routinely works with prosecutors in the Lawrence District Court the case has been specially assigned to an Essex County Assistant District Attorney usually assigned to the Peabody District Court. The Detective was released and ordered to abide by any conditions ordered by the Department of Children and Family Services. Mejia is currently scheduled to return to court on December 21, 2009. The Tribune did not indicate whether the sixteen year sought a 209A restraining order against her father.

Based on the facts in this case, the defendant is likely charged with three counts of assault and battery by means of a dangerous weapon. If convicted for assault and battery by means of a dangerous weapon in Massachusetts, a defendant can be sentenced to up to two and one half years in jail on each count or up to ten years in state prison on each count. Here, the “dangerous weapons” would be the pavement, garage door and refrigerator. An object may qualify as “dangerous weapon,” within the meaning of statute either because it is dangerous per se, as an instrumentality designed and constructed to produce death or great bodily harm, or because it is used in dangerous fashion. Although a refrigerator, pavement or garage door are not “dangerous per se”, if they are used in a “dangerous fashion” they may be considered a dangerous weapon in Massachusetts. Some examples of objects that have been found to be dangerous weapons in Massachusetts that would not ordinarily be one are: pavement, sneakers, rings and a lighted cigarettes.

Continue Reading

| by

On November 17, 2009 the Massachusetts Appeals Court issued its decision in Commonwealth v. Hollister. The issue in Hollister was whether the erroneous admission of a ballistician’s certificate amounted to harmless error. The facts in Hollister are as follows:

The defendant was found near his truck. Inside the unlocked glove box authorities located a loaded firearm. Hollister tried the case without a jury and was found guilty of Unlawful Possession of a Firearm, Carrying a Firearm Without a License and Improper Storage of a Firearm, all Crimes that are Felonies in Massachusetts. To establish operability of the firearm the district attorney relied on a statute that permits proof through a certificate of analysis. The defendant objected to the admission of the certificate. This case was tried prior to the United States Supreme Court’s decision in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527, 2542 (2009). The Melendez-Diaz decison makes clear that such certificates violate a defendant’s Sixth Amendment Right to Confrontation. The district attorney argued on appeal that the violation of Hollister’s rights was harmless error. The Appeals Court disagreed reasoning that absent any independent evidence that the gun was operable the case must be reversed.

While it is unlikely that prosecutors in Massachusetts will continue to proceed on firearms cases with a certificate of analysis alone, Massachusetts Gun Possession Defense Lawyers now know that if a prosecution is handled in this manner the district attorney must somehow show that the gun was operable. Evidence such as bullet holes, expended projectiles or ejected cartridge casings might relieve them of the obligation to produce the ballistician in order to prosecute their case.

Continue Reading