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The Norfolk County District Attorney’s Office has charged Eric Lopez with Indecent Assault and Battery on a Child Under the Age of 14 and Unarmed Burglary. According to reports Lopez and the victim lived in the same apartment building. Lopez purportedly went into the victim’s bedroom, took offer her underwear and committed an offensive touching. Apparently the girls’ mother was not home during the incident but returned in time to see Lopez leaving the home. The case was reported to the police and Lopez is currently being prosecuted in the Quincy District Court. Bail has been set in the amount of twenty five thousand dollars.

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Quincy, Massachusetts Man Charged With Sex Crime, Breaking And Entering

Indecent Assault and Battery on a Child Under the Age of Fourteen is a felony pursuant to Massachusetts General Laws Chapter 265 Section 13B. If the district attorney chooses to indict the case and prosecute it in the Superior Court a conviction can result in a ten year state prison sentence. If the case is kept in the District Court the maximum sentence is two and one half years in the House of Correction. If convicted of this crime Lopez will have to register with the Massachusetts Sex Offender Registry Board (SORB). There are certain dispostions short of trial that might permit Lopez to avoid a conviction and the requirement of registering as a sex offender. The absence of a criminal history, victim credibility issues and good lawyering are factors that will weigh heavily in regard to the outcome of this case.

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A Salem Massachusetts man, Edward Vidinha, charged with a subsequent offense of possession of heroin faces up to two and one half years in prison if convicted. According to The Salem News, Salem police officers approached Vidinha after they saw, what they claimed to be, a drug transaction. According to reports, the officers claim that they saw Vidinha throw a small bag, of what they believe to be heroin, to the ground before they approached him. Vidinha pleaded not guilty at his arraignment in Salem District Court but was held on $7,500.00 cash bail. It is believed that the judge imposed such a high bail because of Vidinha’s lengthy record.

Although all of the facts are not known at this time, it appears that there may be a viable motion to suppress the evidence in this case. In Massachusetts, the police must have “reasonable suspicion” before approaching and individual and conducting a “threshold inquiry.” Here, it appears that the officers claim that they saw what they believed to be a drug transaction between Vidinha and another individual. In this type of case, it is important to file pre-trial discovery motions requesting specific information relative to the officers qualifications to make such a determination. It is also critical to do a thorough pretrial investigation to determine whether the officers could have seen what they claimed to have seen from their location. There are numerous ways to attack the legality of the officers conduct. Our Attorney is experienced in defending drug cases in local courthouses including Stoughton and East Boston.

Having an experienced Massachusetts defense attorney on your side to protect your rights is crucial to presenting a successful defense. If you have been charged with a drug offense, you must contact a Massachusetts trial attorney to ensure that the police did not violate your state and federal constitutional rights when they conducted any search of your person, car or home. A successful result relative to a motion to suppress often results in the suppression of incriminating evidence and is often the end of the case.

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John Monteiro of Randolph, Massachusetts has been charged with Carrying a Firearm, Second Offense, Assault With Intent to Commit Murder and related Violent Crimes. Authorities have alleged that Monteiro shot another man outside of an Ashland restaurant. The victim was treated at a local hospital. Monteiro is being held without bail pending a hearing on dangerousness in the Framingham District Court.

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Massachusetts Man Held Without Bail After Shooting Incident In Ashland

The Second Offense Firearm case is going to be difficult for Monteiro to defend absent an affirmative defense such as self-defense. Massachusetts General Laws Chapter 269 Section 10(d) states that anyone with a prior firearm possession conviction must serve a minimum mandatory five year state prison sentence if convicted of a like offense. Even if Monteiro disposed of the weapon prior to getting arrested the district attorney can prove this case through circumstantial evidence such as the victim’s bullet wound and the recovery of the expended projectile, shell casings and related firearms evidence. If however there are no independent witnesses and the victim decides not testify the prosecutor’s job becomes much more difficult. The article states that this is probably not a random act. If the victim and Monteiro were involved in a dispute involving illicit activities it would not surprise me to see the victim refuse to cooperate with authorities.

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After a six month long investigation members of several law enforcement agencies, both federal and state made several arrests in connection with alleged cocaine trafficking activities in New Bedford, Massachusetts and throughout Bristol County. The target of the investigation was Paul J. Pereira, 35, of 67 Lindsey St., New Bedford. Earlier in the year police officers received information that Pereira was dealing cocaine and pills. In July of this year the investigation led the authorities to wiretap warrants on Pereira’s telephone and the phone of Michael Martin, a drug supplier. The monitored telephone conversations resulted in the issuance of arrest warrants and search warrants at various locations throughout Bristol County. Drug purchasers and dealers alike were arrested and charged as a result of this investigation. At Pereira’s home police seized shotguns, handguns, and ammunition. Pereira was arrested carrying a large sum of cash and some crack cocaine. The investigation led to the seizure of over two hundred grams of cocaine, twenty four firearms, ammunition and drug paraphernalia. Once this case is billed by a grand jury Pereira will be prosecuted in the New Bedford Superior Court. The most serious charge will likely be Trafficking Over 200 Grams of Cocaine.

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Six Month Investigation Leads To Arrest Of Southeastern Massachusetts Drug Dealer, Gun And Drug Charges Issue

The strength of the district attorney’s case will lie primarily in the validity of the wiretap warrant and the search warrants that were issued. Wiretaps can issue in Massachusetts only after an application and with a showing by the applicant that there is probable cause to believe that a designated offense has been, is being, or is about to be committed and that evidence of the commission of such an offense may thus be obtained or that information which will aid in the apprehension of a person who the applicant has probable cause to believe has committed, is committing, or is about to commit a designated offense may thus be obtained; and with a showing that normal investigative procedures have been tried and have failed or reasonably appear unlikely to succeed if tried. If through a Motion to Suppress a judge determines that the warrant should not have issued then all of the information obtained from the telephone conversations will be stricken and cannot be used as evidence.

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The Salem News reports that forty-eight year old Peter Postell from Salem Massachusetts will be spending the next six months in jail for shoving a neighbor that Postell had been ordered to stay away from. Postell was two weeks away from completing his probation for a harassment conviction. His terms of that probation included that he have no contact with neighbors who were the target of the harassment. Earlier this week in a hearing conducted in Salem District Curt the neighbor testified that as he tried to avoid making eye contact with PostellPostel as he came down the street but Postell came up and shoved him. According to reports, the defense suggested that the timing of the allegations were suspicious due to the fact that Postell was expected to move in next door to the complaining neighbors after the probationary term ended. A District Court Judge did not buy the argument and Postell was sentenced to six months in jail.

In Massachusetts, ordering a defendant to have no contact or to stay away from alleged victims or complainants is a common term of probation. Crimes in which this type of order is often imposed includes circumstance in which a defendant is charged with domestic assault and battery, assault and battery, trespass, violation of a restraining order, threats and harassment. If you have been charged with this type of offense it is imperative that you have an experienced Boston area defense attorney on your side. In the event that the case is disposed of you must ensure that any imposed term of probation is reasonable and related to the crime charged.

In the District Courts of Massachusetts defendants do not ordinarily go to jail because of the initial charge. It is often when the probation department alleges that a term of probation has been violated that the defendant’s liberty is in jeopardy. The probation department gives notice to the defendant that it believes he or she violated the terms of probation and a preliminary hearing is conducted. Depending on the facts of the case, the probation officer may request that a defendant be held in detention until the final surrender hearing. At the final surrender hearing the defendant has the opportunity to present his defense. The rules that apply during a probation hearing are more “relaxed” than those that apply at a trial. Although less stringent, any information must be credible and reliable. If you are facing a probation surrender hearing it is imperative that you have an experienced trial attorney at your side to ensure that your rights are protected and the probation department is made to sustain its burden of proof.

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Since February of this year police officers from Danvers and Salem along with Massachusetts State Police officers have been investigating leads that Rogers Arias has been dealing cocaine from his bright yellow Lexus. Yesterday after Arias allegedly sold cocaine to an undercover police officer he was arrested. According to reports the arrest of Arias is the first of several to come as a result of this ongoing investigation. Local police officers stated that they had received an anonymous call of suspicious activity involving a car fitting the description of Arias’ Lexus. Following this lead officers set up their operation and effectuated their arrest. It is reported that the defendant conducts his operations in Salem, Peabody and local malls. He is being held without bail pending his arraignment on charges of conspiracy, school zone violation, cocaine possession and distribution of cocaine. The case is pending in the Salem District Court. Arias also has cases pending in the Salem and Peabody courts.

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Danvers, Massachusetts Police Arrest Man On Drug Charges After Making Undercover Purchase

Although the article is unclear it appears that Arias is being held in anticipation of having his bail revoked pursuant to Massachusetts General Laws Chapter 276 Section 58. That law allows a court to revoke bail on a pending case for up to sixty days once a defendant gets arrested on another charge. The law requires the judge determine “that the release of said person will seriously endanger any person or the community and that the detention of the person is necessary to reasonably assure the safety of any person or the community”. Judges do not have to revoke bail in these situations however often times they do particularly where the person is accused of committing the same offense for which he has already been released on bail.

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This past Monday night Malden, Massachusetts police stopped a car that had been reported stolen in Brockton. After removing a passenger from the car the driver struck two police officers with his vehicle and pinned another officer against a parked vehicle. Two suspects, James Calo of Malden and Mark Dwyer of Framingham were arrested. A third suspect, Alexander Nesom was shot and killed by police officers. Dwyer initially evaded apprehension but was caught less than twelve hours later. When the police were able to stop the vehicle they found four bags of heroin on Calo. Charges of receiving motor vehicle and possession with the intent to distribute heroin are pending in the Malden District Court.

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Shooting Suspects Arrested And Arraigned In Malden District Court

One charge not mentioned in the article that I would think would issue is assault with the intent to murder. If the driver of the car deliberately drove into the three police officers he hit he can be charged with this crime. Assault with the intent to murder is a crime pursuant to Massachusetts General Laws Chapter 265 Section 18. This crime is a felony and is punishable by up to twenty years on state prison. This crime must be prosecuted in the Superior Court. To prove armed assault with the intent to murder the government must proved beyond a reasonable that the defendants 1) committed an assault; 2) having a specific intent to kill the victim; and 3) that they did so acting with malice, which is defined as an absence of justification or mitigation. In cases such as this one the driver defends these charges by presenting evidence that he never intended to strike the officers with the vehicle, rather that he was trying to make his escape. The passenger’s defense will embrace his lack of knowledge as to the actions that driver ultimately took.

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Just the other day a joint drug task force executed a search warrant at 43 Union Street in Southbridge, Massachusetts. Present at the time were Santos Sanchez and Yasmin Torres. Sanchez had outstanding federal warrants in other jurisdictions. During the execution of the search warrant law enforcement personnel found twenty two grams of cocaine, fourteen rounds of ammunition, a nine millimeter firearm, over eight grams of marijuana, drug trafficking paraphernalia and prescription pills. Sanchez is being held on a half million dollar bail. Sanchez was charged with trafficking cocaine, a school zone violation, possession of a firearm, possession of ammunition and related drug charges. Yasmin Torres has been charged with the same crimes and was released on a low bail.

Drugs, Guns Found At Home Of Southbridge, Massachusetts Man

There are a multitude of defense strategies often associated with these types of cases. For one thing the validity of the search warrant can be challenged through a motion to suppress the search and seizure. If successful all of the items seized pursuant to the search warrant get suppressed and cannot be used as evidence against the defendants. Motions to dismiss work at times as well on cases such as this one. Where there is not telling whose substances these are and it is legally impossible for the district attorney to prove the case beyond a reasonable doubt the case can get dismissed. Trying cases like this one can result in an acquittal also. An Experienced Criminal Defense Lawyer will try to attribute the drugs to the other defendant, particularly if the cases are severed.

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A Home Invasion that took place in Westford, Massachusetts has resulted in the issuance of criminal charges against three Massachusetts men. According to reports the victims were supposedly drug dealers who were targeted due to their access to weapons and money associated with drug dealing activities. It is alleged that Daniel Cummins and Carlos Vega of Bedford tried to tie up one victim and duct tape another. Kamil Sylvain of Cambridge, Massachusetts has also been charged with this crime. Cummins brother Christopher was arrested in connection with this case on May 15th of this year. The charges now pending in the Ayer District Court are Home Invasion, Assault and Battery and Assault by Means of a Dangerous Weapon. All defendants are being held on bail pending a hearing on dangerousness.

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Massachusetts Men Charged With Home Invasion To Be Prosecuted In Woburn Superior Court

Quite often these cases are not as clear cut as the police reports seem to suggest. A typical scenario involving a dubious home invasion claim occurs when a drug deal goes bad. In that situation the “victim” calls the police and makes a report claiming that the defendants broke into his home, assaulted him, committed various acts of violence and made certain threats. Obviously the caller never reports that all parties were involved in drug transactions or other illicit activities. Nor does the caller admit that the assaultive conduct was a mutual undertaking and that he came out on the losing end of the battle. Experienced Criminal Defense Lawyers are quick to see what actually happened and use this to their advantage in defending their clients.

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Thirty-two year old Lawrence Massachusetts man Jorge Guzman has been arrested and charged with assault and battery by means of a dangerous weapon, assault and battery on a household member, mayhem, assault and battery on a child under fourteen, and malicious damage to property over $250. The Lawrence Eagle Tribune reports that Guzman threw kitchen furniture around and eventually threw boiling water at his twenty-eight year old girlfriend, Aura Vasquez, and her young toddler. According to reports, Vasquez informed police that Guzman had been drinking and became jealous. An argument ensued that, unfortunately, became physical. Vasquez and her child suffered second and third degree burns on thier faces and other areas of their bodies. Vasquez is being treated at Massachusetts General Hospital and her daughter is at the Shriner’s Hospital.

In Massachusetts, the defendant can be charged with assault and battery by means of a dangerous weapon because the boiling water is the alleged “dangerous” weapon. The case law in Massachusetts defines a “dangerous weapon” as an object that is “per se” dangerous, such as a gun or an object that can that is used in dangerous fashion. For example, a pencil would not be considered a dangerous weapon “per se,” however, if it was used to poke or stab someone it would be considered a “dangerous weapon.” If convicted of this offense a defendant can face up to ten years in state prison or two and one half years in jail.

Although all of the facts are not known in this case, it appears that this case stems from an incident of alleged domestic violence. In such cases, the police often inform the complaining witness of his or her right to apply for an emergency restraining order. If you believe that you are the defendant in a restraining order you should contact an experienced Massachusetts criminal lawyer. In order for a restraining order to issue the complainant must demonstrate that he or she is in reasonable apprehension of immediate physical harm. You must have an aggressive advocate on your side. If you are a defendant in a criminal case and receive notice of a restraining order hearing contact Our Attorney. There are many issues that must be considered such as whether it is prudent for you to speak at the hearing. In most district courts, the restraining order hearings are recorded. Thus, if you speak anything that you say could be used against during the criminal proceeding. It is imperative that you contact a Massachusetts domestic violence attorney to ensure that you understand the consequences of any actions that you take.

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