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The Massachusetts Supreme Judicial Court recently reversed the conviction of William Santos, who in 2008 was convicted of the Murder of Luis Daniel Rodriguez during an alleged drug deal. Declaring that certain evidence was improperly admitted at his trial, the court has ordered a new trial.

Prior to his trial, Santos had argued that certain statements he allegedly made to police should have been excluded from trial because he had invoked his constitutional right to remain silent and asked to speak with an attorney. At the time, the judge in the case ruled that he wasn’t in ‘custody’ and therefore, Miranda warnings are not required. The prosecution also pointed out that despite asking for an attorney, he continued to speak to police.

Miranda warning are technically only necessary when the person is subject to interrogation by law enforcement AND he is in custody or in a custodial setting.

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In a sting operating organized by the Boston Police Human Trafficking Division, a former Boston school teacher was arrested this past week on Massachusetts Sex Crimes Charges for allegedly attempting to solicit sex from what he thought was a teenager. He was charged with Enticing a Child Under Under 16 and Sexual Conduct for a Fee.

According to the Suffolk County District Attorney’s Office, the man allegedly solicited sex from what he thought was a 19 year old female. On the other end of the computer, though, undercover police officers were posing as a 15 year old girl. The man was arrested when he arrived at the Boston Park Plaza Hotel to meet the purported teenager. This was reportedly his 4th arrest involving a sex crime.

The Massachusetts Sex Crime of Enticement of a Child Under 16 is punishable by up to 5 years in state prison or up to 2.5 years in the House of Corrections. A conviction will also subject the offender to Sex Offender Registration.

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A Cape Cod man has been charged with Massachusetts Sex Crimes for allegedly raping two children that were under the age of 16. He was arraigned in Barnstable District Court this week on charges including Rape of a Child with Force and Indecent Assault & Battery on a Child Under 14.

According to the District Attorney’s Office, the man, who is reportedly a Level 2 Sex Offender, allegedly sexually assaulted the children over a period of time since this past June. The Yarmouth Police Department reportedly received the complaints of these allegations.

The Massachusetts Sex Crime of Rape of a Child Under 16 involves the sexual intercourse with a child under 16 by force against his/her will. The potential penalty for this sex crime in Massachusetts is imprisonment to state prison for any term of years up to life.

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Three men have been arrested in connection with last week’s Home Invasion in Haverhill. All three men have been charged with Massachusetts Murder Charges, as well as Home Invasion, and Gun Crimes Charges.

According to the Essex County District Attorney’s Office, several men attempted to gain access to and rob an apartment on River Street in Haverhill. The attempted robbery went bad, and eventually led to two people being killed, and others seriously injured from gunshot wounds.

The violent crime of Home Invasion in Massachusetts is defined as the entering into the home of another while armed and where the use or threatened use of force is employed. Home Invasion carries a potential penalty of not less than 20 years and up to life in state prison.

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cocaine.jpgThe Norwood Police Department last week arrested 3 men on Massachusetts Drug Crimes Charges who they claim to be key suppliers for drugs in the Town of Norwood.

The 3 men, one from Boston, Quincy and Fall River, were all arrested following a drug investigation with several ‘controlled drug purchases’ in Norwood that also led to a drug house in Randolph. All three men were charged with Drug Trafficking in Cocaine and Heroin and Conspiracy to Violate the Massachusetts Drug Laws.

Drug Trafficking in Massachusetts is defined as the knowing or intentional manufacture, distribution or possession with intent to distribute certain net weights of controlled substances. The penalties for a conviction for drug trafficking varies depending on the weight and the alleged substance.

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The Massachusetts Supreme Judicial Court recently considered a case where a Milford woman was charged with Murder when she gave birth without medical assistance that resulted in the death of the baby (the baby was later found in the trash).

In its decision, the Court refused to impose a duty upon women that they must seek medical intervention when undergoing unassisted childbirth. The court thereby affirms a person’s protected liberty interest in refusing unwanted medical treatment.

In this case, the Massachusetts woman realized she was pregnant after missing her period and then taking a home pregnancy test. She didn’t tell anyone about the pregnancy and chose not to see a doctor. Approximately 6 months later, the woman believed she was experiencing a miscarriage and her water broke. After 5 minutes, the baby emerged from her body but was blue.

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The Suffolk County District Attorney’s Office recently indicted a man on Massachusetts Sex Crimes Charges for an alleged sexual assault that occurred on the MBTA’s Green Line in 2004.

According to prosecutors, the man was riding on the MBTA’s B Line and allegedly positioned himself behind a female rider and began to inappropriately touch himself. When the woman left the train, she noticed ‘stains’ on her purse and pants. MBTA Police seized the purse at the time and, working with the Boston Police Department, were allegedly able to extract DNA from the purse and create a genetic profile. That genetic profile was entered into the CODIS database that triggered a purported match of this defendant in 2011.

The man was charged with the Massachusetts Sex Crime of Indecent Assault & Battery on a Person Over 14, which carries a potential penalty of 2.5 years in the House of Corrections; or a state prison sentence of no more than 5 years.

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A Massachusetts State Trooper’s home was the subject of an attempted robbery and shooting this past weekend by a man reportedly from Oklahoma who was in town for a family funeral. The man, charged with Massachusetts Crimes of Violence Charges, was arraigned in Plymouth District Court on charges including Home Invasion, Attempted Murder, and Gun Crimes Charges.

According to the Plymouth County District Attorney’s Office, the man allegedly appeared at the Massachusetts trooper’s home with a gun and attempted to gain access. When other police officers responded to the area, the man then allegedly fired his gun at them.

The crime of Home Invasion in Massachusetts is defined as the unlawful entry into the home of another with the threat to use force and while armed with a dangerous weapon. The penalty upon conviction for the crime of Home Invasion is severe, which carries a minimum-mandatory sentence of 20 years and up to life in state prison.

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Two Boston city employees were arraigned this morning on Massachusetts Drug Crimes Charges following their arrest last friday. Each were charged with Drug Distribution; Unlawful Drug Possession; School Zone Violation; and Conspiracy to Violate the Drug Laws.

According to the Suffolk County District Attorney’s Office, one of the city workers was employed as a Boston parking enforcement officer and the other, while the other was employed as a Boston crossing guard.

Boston Police were reportedly conducting surveillance when they allegedly observed the parking enforcement officer, while in uniform, enter a vehicle and then get out with his fist clenched. Police allegedly recovered two percocet pills when he was later stopped and searched.

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Enacted in 1998, the Massachusetts Armed Career Criminal Statute, M.G.L. c. 269, section 10G, otherwise known as “ACC”, imposes enhanced penalties for persons previously convicted of a “violent crime” or a “serious drug offense.”

Depending on the number of prior convictions that might form the basis of an ACC enhanced indictment, a person may be indicted as an armed career criminal as a level 1, 2 or 3. ACC Level 1 provides for an additional punishment of a minimum-mandatory sentence of 3 to 15 years; Level 2 provides for 10-15 years; and Level 3 provides for a 15-20 year sentence to state prison.

But what “violent crime” is sufficient to form a basis of an enhance Armed Career Criminal indictment?