Boston Criminal Lawyers Blog
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Boston Police have arrested a Dorchester man and charged him with Massachusetts Murder Charges in connection with the shooting death of Anthony Depina in Roxbury last week.

Jason Barbosa was arraigned in Roxbury District Court yesterday on charges of First Degree Murder and Gun Crimes Charges.

According to the Suffolk County District Attorney’s Office, Jason Barbosa allegedly encountered Anthony Depina in area where Depina wasn’t supposed to be, in an alleged referenced to gang turf. A few hours later, Barbosa allegedly encountered Depina again, at which point he is alleged to have shot him in the chest and head.

Prosecutors allege that Jason Barbosa was linked to the crime scene by video surveillance, as well as a GPS device that he was reportedly wearing as a condition of his probation on an unrelated criminal matter.

Simply because prosecutors have alleged that Jason Barbosa was in the vicinity at or around of the alleged murder, that does not necessarily mean that he was the one who pulled the trigger or was otherwise in any way connected with this crime. It is still unclear if there is any other evidence, whether forensic, ballistics, or otherwise, that could more accurately connect Barbosa to this murder.

First Degree Murder in Massachusetts is defined as the unlawful killing committed with deliberate premeditation with malice, and is punishable by commitment to state prison for life.

Following his arraignment in Roxbury District Court, Jason Barbosa was held without bail pending his next court appearance.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons charged with Massachusetts Crimes of Violence, and is available 24/7 for consultation for those charges, including First Degree Murder and Gun Crimes Charges.

To schedule a Free Consultation, Click Here to Contact a Boston Murder Lawyer or call 617-325-9500.

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Max Nicastro, a Boston University hockey player, was arraigned in the Brighton Municipal Court last week on Massachusetts Sex Crimes Charges for allegedly raping another BU student on campus.

Nicastro was arraigned on two counts of Rape and released on $10,000 bail.

According to the Suffolk County District Attorney’s Office, the female student was allegedly raped last Sunday, a few hours following the Boston University and University of Massachusetts-Lowell hockey game. Boston University Police, after conducting “interviews”, reportedly arrested Max Nicastro at 6:30 a.m.

The crime of Rape in Massachusetts is defined as the compelling another to engage in sexual acts against their will, and is punishable by life imprisonment for up to 20 years. Additionally, a conviction for rape also carries other collateral severe penalties, including Sex Offender Registration.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Sex Crimes Charges, including Rape.

To schedule a Free Consultation, Click Here to Contact a Boston Sex Crimes Lawyer or call 617-325-9500.

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A freshman student at Falmouth High School allegedly brought a gun to school this past week and has been charged with Massachusetts Gun Crimes Charges.

According to Falmouth High School representatives, the student, who is reportedly 15 years old, was allegedly bragging to other students that he had a gun. Falmouth Police were called to the school and found that the student did, indeed, have a gun on him, but it was not loaded.

According to police, the student took the gun from a relative, who is reportedly licensed to carry firearms. His license to carry has reportedly been suspended pending a further investigation.

The student was arraigned in Falmouth Juvenile Court and charged with Unlawful Possession of a Firearm. He was released on personal recognizance and ordered to abide by a curfew and to stay away from Falmouth High School.

The Massachusetts Gun Crime of Unlawful Possession of a Firearm is punishable by imprisonment for not less than 18 months and up to 2.5 years in the House of Corrections. Under Massachusetts law, a “firearm” is defined as a pistol, revolver or other weapon, loaded or unloaded, from which a shot or bullet can be discharged, and whose barrel is less than 16 inches.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Gun Crimes Charges, including Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, and Carrying a Loaded Firearm.

To schedule a Free Consultation, Click Here to Contact a Boston Gun Crimes Lawyer or call 617-325-9500.

Attorney Lefteris K. Travayiakis may also be reached via e-mail at lefteris@travayiakis.com.

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Eldrick D. Broom, 27, of Roxbury, was arraigned today in Dorchester District Court on Massachusetts Murder Charges in connection with the death of Rosanna Camilo on November 21.

Brook has been charged with First Degree Murder and Aggravated Rape.

According to the Suffolk County District Attorney’s Office, Broom allegedly attacked Rosanna Camilo inside her Roxbury apartment. Prosecutors allege that he raped and strangled her to death. Camilo’s body was found in her bedroom by her 16 year old daughter while her other 17 month old child was in his crib.

Broom reportedly had previously been arrested for allegedly assaulting his pregnant girlfriend, who reportedly lived in an apartment close to Rosanna Camilo’s. In that incident, he had been charged with Aggravated Assault & Battery.

At this point, Broom has only been charged at the district court level, and prosecutors would not be very forthcoming with offering all the alleged evidence that may be known to them. Typically from this point forward, prosecutor would be presenting a presentation to the Grand Jury in an effort towards obtaining an indictment. If and when an indictment is returned, Broom will then be arraigned in Superior Court.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Violent Crimes Charges, including First Degree Murder and Aggravated Rape.

To schedule a Free Consultation, Click Here to Contact a Boston Murder Lawyer or call 617-325-9500.

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An employee at the Newton Public Library was before the court today on Massachusetts Sex Crimes Charges. He was arraigned in Newton District Court on 3 counts of Unlawful Possession of Child Pornography.

According to the Middlesex County District Attorney’s Office, the employee was arrested at his home where Massachusetts State Police investigators allegedly seized a laptop containing several images of child porn. At his arraignment, prosecutors alleged that the man admitting to possession the child pornography and that he had been using a peer to peer network to download the files.

Following his arraignment, the Newton library employee was held on $5,000 cash bail and ordered to have no contact with children under the age of 18 and to stay away from the Newton Public Library.

This is the second such arrest involving Unlawful Possession of Child Pornography. Last week, a Newton Public School teacher was also arrested and charged with similar Massachusetts Sex Crimes Charges.

In many cases involving child pornography, investigators will often target peer to peer networks where users can ‘share’ and download files from other users onto their own computer. Typically, an investigator will access the network and scan the files available on a person’s computer being shared on the network. From there, police will then track who is uploading and/or downloading the files by locating the user’s IP address.

The IP address will not provide the user’s name, but will provide the investigator’s the network, e.g., verizon, comcast, etc., that is hosting the address. Police will then subpoena the internet provider to obtain the registration information and name of the person for that specific IP address.

With this information, police will then apply for a search warrant to enter the person’s home and seize the computer and any other images for evidence.

One of the most important and critical pieces of advice I can offer to someone who has been arrested or even being investigated for any crime is to never speak to the police without a lawyer. If the police are targeting you as a suspect or someone they are likely to arrest, they are not your friends. They will not ‘help you help yourself’. If they come to your house or ‘want to speak with you’ about a potential crime you may be involved with they will inevitably arrest you whether you speak to them or not.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Sex Crimes Charges, including Unlawful Possession of Child Pornography.

To schedule a Free Consultation, Click Here to Contact a Boston Sex Crimes Lawyer or call 617-325-9500.

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A Newton Public School Teacher was arraigned yesterday in Brighton District Court on Massachusetts Sex Crimes Charges. He was arraigned on two charges of Unlawful Possession of Child Pornography.

According to the Suffolk County District Attorney’s Office, the Newton second-grade teacher allegedly had hundred of images on his computer that they say constitute child pornography; and also allegedly discovered videos of the teacher allegedly assault a young teenage girl.

The teacher, who was reportedly very well respected by his peers and the Newton Public School system, was arrested at his home in Brighton after the Massachusetts State Police executed a search warrant.

Following his arraignment in Brighton District Court, the teacher was held on $10,000, but was also detained without bail as a result of an outstanding warrant in West Roxbury District Court on what is believed to be additional Sex Crimes Charges.

Unlawful Possession of Child Pornography in Massachusetts is defined as the possession of a photograph or visual reproduction of any child whom the person knows or reasonably should know to be under the age of 18, and the child is engaged in sexual intercourse or otherwise depicted in an act or pose of a sexual nature.

A person convicted for the Sex Crime of Possession of Child Pornography may face up to 5 years in state prison and will also render him/her subject to the Massachusetts Sex Offender Registry Laws.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Sex Crimes Charges, including Unlawful Possession of Child Pornography.

To schedule a Free Consultation, Click Here to Contact a Boston Sex Crimes Lawyer or call 617-325-9500.

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Massachusetts State Police arrested Richard S. Saunders, of Reading, on Monday night on Motor Vehicle Charges after he allegedly drove the wrong way on I-93 in Boston.

Saunders was charges with Reckless Driving, Receiving Stolen Motor Vehicle, and Failure to Stop for Police.

According to the Suffolk County District Attorney’s Office, Massachusetts State Police began pursuing a minivan that had been reported out of Medford earlier Monday morning. The ‘slow-speed’ pursuit reportedly began in Dorchester and eventually led into South Boston and onto I-93.

State Police called off the pursuit for safety concerns when the vehicle began going the wrong way on I-93, but the minivan nonetheless still caused a 4 car crash and eventually exited the highway at the Neponset Circle exit.

Saunders had allegedly fled the vehicle and was arrested after he was allegedly found hiding under a pickup truck.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Motor Vehicle Crimes, including Negligent Operation of a Motor Vehicle and Failure to Stop for Police.

To schedule a Free Consultation, Click Here to Contact a Boston Criminal Lawyer or call 617-325-9500.

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Lowell Police yesterday arrested four people on Massachusetts Drug Crimes Charges in connection with the seizure of 75 pounds of marijuana and 2 guns.

Phaly Chhoeun, 28; Samnang Sath, 34; Sanith Siv, 35; and Mao Keo, 33, all of Lowell, are each facing charges of Drug Trafficking; Drug School Zone Violation; and Conspiracy to Violate the Massachusetts Drug Laws.

Mao Keo is also charged with Massachusetts Gun Charges and being an Armed Career Criminal.

The drug investigation by the Lowell Police Department that led to these arrests came after police executed a search warrant at an apartment in Lowell.

In many drug cases where search warrants are involved, police will often have to rely on a period of undercover surveillance of the target location and the suspected individuals believed to be involved. Sometimes police will also employ undercover police officers, but most often they will rely on confidential informants who will conduct ‘controlled drug buys’ with the individuals.

In drug investigation where police believe that drugs are being sold from a particular location but are unsure of the identity of the individuals involved, the use of confidential informants becomes even more important. Sometimes, however, police will be reluctant to reveal the identity of the confidential informants, even at trial, and this could sometimes prove advantageous to the defense.

In every case involving search warrants in drug cases, the application for the search warrant should be scrutinized extremely carefully for any deficiencies. In some cases, the probable cause necessary for the issuance of the search warrant may be lacking, and the person may have meritorious challenge in getting the drugs excluded (by filing a Motion to Suppress Evidence).

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drug Crimes Charges, including Drug Trafficking.

To schedule a Free Consultation, Click Here to Contact a Massachusetts Drug Crimes Lawyer or call 617-325-9500.

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In Massachusetts, it is a crime to lie to or mislead a police officer, or otherwise impede a criminal investigation.

Under the Intimidation of a Witness statute, the Massachusetts legislature criminalized conduct where a person willfully misled or lied to a person furthering a criminal investigation with the intent to impede or obstruct justice.

In one recent case, Commonwealth v. Patrick Fortuna, the Massachusetts Appeals court considered a case where the defendant had been shot. While being treated at the hospital, he was interviewed by the police about who had shot him. He told the police that he was shot while walking home and didn’t know by whom, because the shooter had been far away.

During questioning, however, the police officer noticed what appeared to be gunshot residue near his wound and on his clothing. When the officer questioned the defendant about the gunshot residue, the defendant became confrontational and refused to answer any further questions.

At trial, the prosecutor called a forensics experts from the Boston Police crime lab who offered testimony that, based on the chemical testing of the gunshot residue on the defendant’s clothing, he had been shot from a distance of no more than 18 inches. Based on this testimony, a jury then convicted the defendant of Intimidation of a Witness for intentional misleading a criminal investigation.

In considering the defendant’s appeal of his conviction, the Appeals Court ruled that where the defendant’s account differed from the account of the forensic expert, a jury was able to infer that the defendant had lied or intentionally misled police.

It seems almost paradoxical that a person has a right to remain silent by asserting his Privilege Against Self-Incrimination, yet can be prosecuted and sentenced to prison for lying to police for fear of facing criminal prosecution. The better practice, under the law, would be simple to refuse to answer any questions and consult with an attorney.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Criminal Appeals.

To schedule a Free Consultation, Click Here to Contact a Massachusetts Appeals Lawyer or call 617-325-9500.

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images.jpegThose convicted of any crime in Massachusetts should always consider challenging their conviction by filing an appeal. One way to litigate a Massachusetts Appeal is asking the trial judge to consider a Motion for New Trial based on undisclosed evidence by the prosecution.

In order to secure a new trial on the basis of undisclosed evidence, a defendant must be able to establish 3 things:

  1. the evidence was in the possession, custody or control of the prosecutor;
  2. the evidence is potentially exculpatory (e.g., tends to show evidence of innocence); and
  3. the prosecutor’s failure in disclosing the evidence prejudiced the defendant.

Once the defendant has demonstrated to the trial judge that the evidence was potentially exculpatory, he must establish that he was prejudiced by not having had the benefit of this evidence. In order to establish prejudice, the assessment is whether there is a substantial risk that the jury would have reached a different conclusion if the evidence had been admitted at trial.

In a case recently litigated before the Massachusetts Supreme Judicial Court, the defendant had filed a Motion for New Trial based upon the prosecutor’s failure to produce exculpatory evidence.

In the case of Commonwealth v. Murray, the defendant had been convicted of 1st Degree Murder. During the trial, the defendant had brought forward a theory of manslaughter based on the assertion that the victim was a gang member. The trial judge, however, did not allow the defendant to refer to the assertion that the decedent and his friends were part of a “gang”, but only allowed him to reference their affiliation as a “group”. During the trial, the witnesses also denied they were part of a gang; and a police officer who testified at trial also stated that he wasn’t sure that the decent was a member of that ‘group’.

Two years after the trial, 20 members of that gang were indicted by state and federal prosecutors. Those indictments, however, contained an affidavit that referenced this group as a violent street gang; identified 3 of the witnesses who testified at trial as gang members; and also identified the decedent as a gang member.

Even though that the defendant’s attorney had not specifically requested the gang related information prior to the trial, the Massachusetts Supreme Judicial Court upheld the Motion for New Trial on the basis that the information contained in the affidavit could “bolster [the defendant’s] theory of the case, contradict the testimony of [witnesses], and demonstrate their motive to lie.”

In this regard, as a result of the newly discovered evidence, the judge ruled that there was a ‘substantial miscarriage of justice’ because, if the jury had heard this evidence, they could have reached a different verdict.

Contact a Massachusetts Criminal Appeals Lawyer.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Criminal Appeals, including those for Murder, Drug Crimes, Gun Crimes, Sex Crimes, or Theft Crimes.

To schedule a Free Consultation, Click Here to Contact a Massachusetts Criminal Appeals Lawyer or call 617-325-9500.