Boston Criminal Lawyers Blog

Yaowan Lu, of Dorchester, was charged with stealing memorabilia worth over $900 from the JFK Presidential Library in Dorchester, Massachusetts. Lu was charged with the Theft Crime of Larceny Over $250.

The criminal offense of Larceny Over $250 is a felony in Massachusetts, which carries a potential penalty of up to 5 years in state prison and a fine of up to $25,000, or imprisonment in the House of Corrections for up to 2 years.

Continue reading "Dorchester Woman Arrested for Theft of JFK Memorabilia" »

In the case of Commonwealth v. Jason Loadholt, the Massachusetts Supreme Court ruled on whether a defendant's criminal prosecution for Unlawful Possession of a Firearm and Ammunition is violative of a person's 'right to bear arms' as guaranteed by the Second Amendment to the United States Constitution.

In his appeal to the SJC for his Gun/Firearms Charges, the defendant claimed that Massachusetts could not prosecute him for the various gun and ammunitions charges for not first having obtained a Firearms Identification Card because the United States Constitution guaranteed him, via the Second Amendment, his 'Right to Bear Arms'.

In rejecting the defendant's Constitutional claims in his appeal, the Massachusetts Supreme Judicial Court reasoned, citing United States v. Cruikshank, that the Second Amendment "does not by its own force apply to anyone other than the Federal Government." Rather, the Second Amendment means that it shall not be infringed any further by Congress, as opposed to the States. The Court explained that the Second Amendment "is one of the amendments that has no other effect than to restrict the powers of the national government."

At the end of the day, the Massachusetts Supreme Court ruled that the Second Amendment guarantees only an individuals right to keep and bear arms for defensive purposes. Without explicit saying as much, the Court seems to have upheld the requirement of obtaining a Firearms Identification Card for purposes of firearms and ammunition possession.

Continue reading "Massachusetts Supreme Court Rejects Challenge for Gun Rights" »

Another mistrial was declared yesterday in the murder trial of Antwan Carter and Daniel Pinckney, Jr. yesterday for the killing of Cedirick Steele, 18, in March of 2007. The Suffolk County Jurors who had been deliberating for over a week told the judge they were hopelessly deadlocked against reaching a unanimous verdict.

The key witness for the Commonwealth of Massachusetts, Latoya Dickson, had testified before a Suffolk County Grand Jury and against the two defendant's in their first murder trial. During this, the second, trial, Dickson recanted her previous testimony.

Continue reading "2nd Mistrial in Suffolk County Murder Trial" »

The Massachusetts Supreme Judicial Court recently decided the case of Commonwealth v. Kereakoglow, and reversed the defendant's conviction after jury trial on the criminal charges of Possession with Intent to Disseminate Material Harmful to Minors, in violation of Massachusetts General Laws Chapter 272, Section 28.

The defendant, residing in South Hadley (Hampshire County), allegedly sent three nude images of himself via e-mail to a police officer posing online as a fifteen year old girl living in Wenham (Essex County). The criminal offense of Possession with Intent to Disseminate Material Harmful to Minors requires the prosecutor to prove to the jury that the material was "harmful to minors." Massachusetts General Laws Chapter 272, Section 31 defines material that is harmful to minors as material that is "obscene" or if taken as a whole:

1. rerpesents sexual images so as to appeal to the prurient interest of minors;


2. is patently contrary to the prevailing standards of adults in the county where the offense was committed; and


3. lacks serious literary, artistic, political or scientific value for minors.

As the alleged criminal offense was "committed" in Essex County where the defendant was residing, the Massachusetts Supreme Judicial Court ruled that the jury had to decide whether the images were "patently contrary" to the prevailing standards of adults in Essex County. Because the defendant was tried in Hampshire County and the jury was not instructed on how to determine "the county where the offense was committed," the Supreme Judicial Court found error and reversed the defendant's conviction.

Continue reading "Defendant's Conviction for Dissemination of Obscene Material Reversed" »

In a stunning decision to many in the criminal defense bar, the Massachusetts Supreme Judicial court recently ruled that police officers are not required to give a criminal suspect his Miranda warnings if he has had the opportunity to consult with his attorney and that lawyer is present during police questioning. In a 4-3 decision in the case of Commonwealth v. Wally Jacques Simon, the Massachusetts Supreme Court's majority held that a criminal suspect's protections on the issue of Miranda warnings are safeguarded if the lawyer is present and can stop questioning at any time. Unbelievable...

The case involved a Winchester, Massachusetts, home invasion that led to one man being murdered, and his brother being seriously wounded. The brother was able to call 911 and give a description of the alleged perpetrator. After obtaining the man's identity and a few days after the murder, Massachusetts State Police Officers located and followed the criminal suspect to a parking lot in Medford, which ended up being outside his attorney's office. The defendant was allowed to go into his attorney's office and speak with him, and was then questioned by police, with his attorney present, in the lawyer's conference room.

In his Interlocutory Appeal, the defendant claimed that, because the police never provided him with his Miranda Warnings, any statements he made should be suppressed or excluded from the criminal trial against him. In ruling that the police were not required to specifically provide the criminal defendant with his Miranda Warnings prior to being questioned in this case, the Massachusetts Supreme Judicial Court held that Miranda was not necessary because the defendant had an opportunity to consult with his attorney before questioning, and the attorney was present during the questioning.

In reaching its decision, the Court relied on language in the United States Supreme Court's decision in Miranda v. Arizona, which stated that there can be "other fully effective means...to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it."

The Massachusetts Supreme Court's decision in this case inexplicably now puts the burden on the criminal defendant because it reasoned that the presence of an attorney during interrogation and the opportunity to consult with his lawyer beforehand is an adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege. In other words, with a lawyer is present, the attorney can detect and describe even the most subtle coercive or suggestive influences, and thereby terminate the interrogation.

Although the Court emphasized that there are many other jurisdictions around the country that have concluded that Miranda warnings are not necessary when an attorney is present during questioning and that criminal suspect has had an opportunity to consult with him, Massachusetts has historically and proudly offered greater Constitutional protections under Article 12 of the Massachusetts Declaration of Rights than does the 5th Amendment to the United States Constitution.

There are so many reasons why the Massachusetts Supreme Court made the wrong decision in this case and opened up a "Pandora's Box" for future Constitutional violations on the issue of Miranda warnings...

Continue reading "Police Not Required to Give Miranda if Suspect's Lawyer is Present During Questioning!?" »

In the latest in a string of Bank Robberies over the past several days, the Boston's FBI Office has taken the lead in the investigation. In the latest bank robbery, which occurred this past Tuesday in Rockland, a man in his early twenties robbed the South Coastal Bank and displayed an explosive-looking device taped to his chest.

According to the Rockland Police Department, the suspect threatened to "blow something up" if he wasn't given the money. It's unclear whether the device was actually explosives, but the man did manage to escape with an undisclosed amount of cash. Boston's FBI Office believes that this Rockland bank robbery may be related to the Sovereign Bank robbery in Norwell.

Though the Boston FBI is not yet saying that these bank robberies are all related, they are also investigating several other bank robberies that occurred in Stoughton, Hanover, and Milton.

Continue reading "FBI Investigating Bank Robberies in Boston Area Suburbs" »

If you don't remember the name Luigi Epifania, it's because he was known around Boston as the "Cat Killer". In 2008, Epifania was found guilty of strangling and stomping a cat to death, putting it in a bag, lighting it on fire and then throwing it into an apartment building. At the time when that case arose, he was awaiting trial on Attempted Murder charges for stabbing a man and then beating him with a frying pan during a drug deal gone bad.

Now, Epifania was again arrested by Boston Police in East Boston for Trafficking OxyContin. The Boston Police Department reports that he was spotted by drug offices in East Boston, who followed him and observed him engage in a drug transaction.

At the time of this most recent arrest, Epifania was on probation for his previous 2008 criminal cases. At that time, he had been sentenced to 2.5 years in jail for the Cruelty to Animal charge; and 5 years' probation for the attempted murder charge. Epifania could also be charged with Violation of Probation as a result of this newest criminal charge.

Continue reading "Convicted Feline Felon Arrested in East Boston on Drug Trafficking Charges" »

The Massachusetts Supreme Judicial Court's recent decision of Commonwealth v. Porter P., a juvenile, focused on whether a person temporarily staying in room in a homeless transitional center is entitled to a 'reasonable expectation of privacy' against unlawful searches and searches. The Massachusetts Supreme Judicial Court, in a 5-2 decision, ruled that they do!

By way of background, the juvenile defendant and his mother had moved into a room at the Roxbury Multi-Service Center Family House Shelter in March 2006, which provides temporary housing for homeless families and assists them towards securing a permanent home. A few months later, the shelter's director heard rumors that the juvenile defendant had a gun and then contacted the Boston Police Department. The next morning, five Boston Police Officers arrived at the shelter, and with the permission from the Roxbury shelter's directors, searched the juvenile's room and found a .40 caliber Glock firearm. The juvenile was immediately arrested for Unlawful Possession of a Firearm; Unlawful Possession of Ammunition; and Delinquency.

The Massachusetts Supreme Judicial Court, in ruling for the juvenile defendant, found that

"the room that the juvenile and his mother shared at the shelter was a transitional living space, but it was nonetheless their home...".

As a result, they had a reasonable expectation of privacy in their 'home' at the shelter, and the Boston Police Officers' search, without a warrant or consent by them, was violative of their 4th Amendment Right to be secure from unreasonable searches and seizures.

Justice Ralph Gants, the author of the Massachusetts Supreme Court's decision in this case, ruled that even the shelter's director did not have the 'actual authority' to consent to the police entry into the room to search for a gun. Justice Gants explained that the Roxbury shelter's director was not a co-inhabitant of the room, and although the shelter's guidelines permitted them to call the police, the guidelines did not expressly authorize the police to enter a resident's room and to search for evidence of a crime without consent or a warrant.

Continue reading "Massachusetts Supreme Court Rules Homeless Shelters Entitled to 4th Amendment Privacy Protections" »

Bonnie McCullough, 31 of Cambridge, was arrested for several drunk driving charges last Friday by Brookline Police after an alleged hit and run incident. Driving in the Allston area of Boston, McCullough is alleged to have hit a man's car without stopping.

The man, who witnessed the incident, got in his car and, while on the phone with Brookline Police, chased McCullough into Brookline, where he was able to get her to pull over and take her keys until Brookline Police arrived.

After Brookline Police responded, McCullough reportedly admitted to drinking several beers and hard alcohol. She was arrested for Operating Under the Influence of Alcohol and Leaving the Scene of an Accident with Property Damage. At the time of her arrest, it was also discovered that she had less than an ounce of marijuana and was further issued a Civil Citation.

Continue reading "Hit & Run In Boston Leads to Drunk Driving Arrest in Brookline" »

In a recent study by the data security firm Symantec Corporation, Boston ranked as the No. 2 worst city for Cyber/Internet Crimes city in America, narrowly missing the top spot, which was taken by Seattle.

According to the Cyber-Crime Report, the high concentration of "spam zombies" (computers taken over by outside hackers to send out spam) and Boston's numerous unsecured WiFi hotspots makes Boston particularly vulnerable to Cyber Crime attacks. Although large-scale cyber crime attacks are far between, the smaller-scale attacks on computer users and businesses using unsecured WiFi networks is on the high end.

Cyber/Internet Crimes can lead to a wide variety of criminal charges aside from 'spamming.' Other common Cyber/Internet Crimes include Identity Theft, Fraud, Larceny, Embezzlement, and even Sex Crimes.

Continue reading "Boston Ranked Amongst Most Vulnerable Cities for Cyber-Crimes" »

Christopher Maxson, 19, of Marblehead, was arrested last night after he collided with a car on Eastern Avenue in Lynn and then struck several parked cars before rolling over. As a result of the crash, Julia Gauthier, 19, of Salem, was ejected from the sunroof and died from her injuries.

Maxson was arraigned today in Lynn District Court on various drunk driving charges, including Reckless Operation of a Vehicle and Motor Vehicle Homicide.

The Lynn Police Department responded to reports of a motor vehicle crash with injuries at Eastern Avenue and Glenwood Street in Lynn, near the Swampscott line, at 1:00 a.m. Besides, Maxson and Gauthier, there were two other passengers in the vehicle.

After his arraignment, Christopher Maxson was reportedly held on $12,000 cash bail.

Continue reading "Marblehead Teen Charged with Vehicular Homicide in Death of Salem Woman" »

Joseph Beaton, 25 of Duxbury, was arrested last week in Quincy for allegedly stabbing a man in Somerville, Massachusetts. On March 17, 2009, Somerville Police responded to a call that a man had been stabbed twice in the chest, as well as a wound to his elbow. Beaton was arrested on March 19 in Quincy.

The Somerville Police investigation resulting from this incident led police to Beaton, who is reported to have made incriminating statements implicating himself in the assault or stabbing. The victim's girlfriend later told Somerville Police that Beaton got into a fight at a party with the Somerville resident, and then stabbed him as a result.

After the assault, the victim was taken to Massachusetts General Hospital where he was treated for his stab wounds. Although the Somerville man's condition was initially listed as 'critical', it was later changed to 'life threatening.'

Beaton is expected to be arraigned in Quincy District Court on Monday and charged with Assault, Assault by Means of a Dangerous Weapon, and Assault with Intent to Murder.

Continue reading "Quincy Man Charged with Assault for Somerville Stabbing" »

Mark J. McMullen of Quincy, Massachusetts, was arrested on March 17 for stealing two cigarette cartons from a Mobil gas station near the South Shore Plaza in Braintree. The store clerk told police that the man, later identified as McMullen, requested to buy the two cartons and after he retrieved them, he snatched them out of his hands and ran out of the store.

The clerk was able to write down the registration number of the car, and also produced the surveillance videos from the store which captured the larceny. The Braintree Police Department had been investigating several other Theft Crimes in Braintree, Quincy and Boston by a suspect driving a dark-colored vehicle with CT registration. The police suspect that McMullen may be responsible for those other robberies as well.

McMullen is also a criminal suspect in another Theft Crime that happened on March 16, also in Braintree, Massachusetts. In that robbery, a man went to Cumberland Farms in Braintree and also took off with two cartons of cigarettes as well. That criminal suspect is also reported to have fled in a dark-colored vehicle with CT registration.

Continue reading "Quincy Man Arrested for Braintree Robbery" »

A drug investigation by the West Roxbury Boston Police Drug Control Unit, relying on information provided by a 'confidential informant' about drugs being sold at BK's Pub at 4272 Washington Street in Boston's Roslindale section resulted in the arrest of two people. Alexander Perez-Figueroa, of Dorchester, and Elsa M. Parrilla, also of Dorchester, were both arrested and each charged with Possession with Intent to Distribute a Class B Substance.

The confidential informant told police that a woman would sell drugs from BK's Pub in Roslindale by receiving orders in the bar and receiving money for the drugs. A 'drug dealer' would then be contacted, she would meet him on Poplar Street to obtain the drugs, and then allegedly distribute those drugs to the buyers.

The Boston Police Drug Control Unit allege they observed several people approach the woman and hand her money. She was then observed using her cell phone, thereafter leaving the bar in her car and conducting the transaction with occupants within another car. At the time of her arrest, the Boston Police report that she admitted to be in possession of cocaine, for which she reportedly paid $1,000.

That other car was also stopped by the Boston Police, and both the driver and passenger were arrested for violation of the drug control laws. Interestingly, only $407 dollars in total was seized from these two men. They were charged with Distribution of a Class B Substance and School Zone Violations.

Additionally, the 'buyer' from the bar was also summonsed to be charged in West Roxbury Division of the Boston Municipal Court with the drug crimes of Possession of a Class B Substance with Intent to Distribute and School Zone Violation.

Continue reading "Boston Police Make Drug Arrests in Roslindale Pub" »

Brittney Smith, 22, was recently indicted by the Middlesex County District Attorney's Office in connection with the murder of 21 year old Justin Cosby, of Cambridge. Smith, a former Harvard University student, will soon be arraigned in Middlesex Superior Court on several criminal charges, including Unlawful Possession of a Firearm, Accessory to Murder After the Fact, Willfully Misleading a Grand Jury Investigation, and Willfully Misleading a Police Officer.

According to reports, the Cambridge Police Department and Harvard University Police responded to a 'shots fired' call on May 18, 2009, at a Harvard College dorm. Upon their arrival, they found Justin Cosby had left the dorm and ran to the intersection of Dunster and Mount Auburn Street, where he collapsed from a gunshot wound to the abdomen.

Based on the criminal investigation by the Massachusetts State Police, Cambridge Police, Harvard University Police and the Middlesex County District Attorney's Office, it is alleged that three men from New York arranged to meet Cosby with the goal of robbing him. The meeting took place inside the Kirkland House dorm, at which point several shot were fired.

The criminal defendant, Brittney Smith, was a Harvard student at the time of the incident, who allegedly invited Cosby to the campus and he gave her his Harvard ID, which she in turn gave to the three men to access the building. After the shooting, Cambridge Police alleged that Smith took the gun used in the murder and hid it under a friend's bed in the dormitory.

Thereafter, Smith and the three men immediately left the Boston area. Smith returned the next day from out of state and is alleged to have lied to Cambridge and Harvard Police about her whereabouts, as well as telling them she had the key pass with her the entire time. After the incident, Harvard University suspended Smith.

Continue reading "Former Harvard Student Charged with Cambridge Murder" »