Boston Criminal Lawyers Blog
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fd2859_perry.jpgVernon Perry, of Rhode Island, was arrested in Massachusetts this past Saturday and charged with his ninth (9th) Drunk Driving Charge.

Perry was arraigned in Tauton District Court this morning and charged with Operating Under the Influence of Alcohol, Subsequent Offense, as well as Negligent Operation of a Motor Vehicle. Following his arraignment, he was held without bail pending a Dangerousness Hearing.

In Massachusetts, a conviction for a 5th or subsequent Drunk Driving charge carries up to 5 years in state prison.

According to the Bristol County District Attorney’s Office, Perry was driving erratically, and the vehicle was drifting back and forth over the double yellow line. The Taunton Police Officer that stopped Perry’s car claimed he observed his eyes glassy and red; and that it took him four attempts to get his license out of his wallet.

Perry was also asked to perform Field Sobriety Tests, which he failed; and he refused to submit to a Breathalyzer Test.

Should I Take the Breathalyzer Test?
If ever pulled over for suspicion of drunk driving in Massachusetts, you should know that the legal limit for Blood-Alcohol Content (BAC) is 0.08, which is relatively low.

Although police officers are supposed to tell you, they may (intentionally?) omit to tell you that you have the right to refuse to submit to a Breathalyzer Test. Although there will be a mandatory loss of your Driver’s License if you do refuse to take the Breathalyzer Test (how long depends if you’ve previously been convicted and/or requested to take a BAC test), you should carefully weigh any loss of your Driver’s License against the likelihood of providing greater evidence against you in the inevitable criminal prosecution.

For example, in cases where you know you would blow a BAC reading greater than 0.08, you might decide to refuse the Breathalyzer test with the hope of all other evidence against you being week, and hopefully beating your drunk driving case.

If you elect not to submit to a Breathalyzer Test, you should know that a refusal cannot be used at trial in the criminal prosecution against you.

In Massachusetts, the length of suspension of your Driver’s License due to a Breathalyzer Refusal depends on whether you have any prior convictions or prior refusals to Breathalyzer Tests. If none, your license will be suspended for 180 days; with two priors, it will be suspended for 5 years; and with three prior, you could face a lifetime loss of your Driver’s License.

Boston Criminal Lawyer Lefteris K. Travayiakis has successfully defended and obtained acquittals for persons charged with Operation Under the Influence of Alcohol and related Drunk Driving Charges. See Case Results.

If you have been charged with Drunk Driving and would like a Free Consultation with a Boston Drunk Driving Lawyer, Contact Us Online or call 617-325-9500.

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Robenson Daniel-thumb-250x187.jpgRobenson Daniel, who was arrested in September for the Murder of Elhaji Malick Ndiaye, 18, of Waltham, was arraigned yesterday in Middlesex Superior Court and charged with Murder, Assault & Battery with a Dangerous Weapon, and Armed Assault with Intent to Murder.

According to the Middlesex County District Attorney’s Office and Waltham Police Department, Daniel allegedly stabbed Ndiaye to death in the parking lot of Regis College in Weston, Massachusetts. The men, who did not appear to know one another, were reportedly visiting friends who attended the school.

Robenson Daniel was charged with ther Murder of Ndiaye, as well as for trying to stab two others. Following his arraignment, Daniel was held on $750,000 bail.

Boston Criminal Lawyer Lefteris K. Travayiakis defends those charged with all major felony crimes, including Murder, Assault & Battery with a Dangerous Weapon, and other Crimes of Violence.

To schedule a Free Consultation and to discuss your case with a Boston Criminal Lawyer, Contact Us Online or call 617-325-9500.

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The Boston Police Department reports that a livery driver, who picked up two men and was driving them to Mattapan on Saturday afternoon, ended up robbing him of $400 in cash.

The two men allegedly put what the driver believed to be a gun to the back of his head and stole his wedding band, cell phone, earrings and cash. The driver walked to Boston Police District B-3 in Dorchester and gave a description of the suspects. Boston Police Officers reportedly saw two men matching the description given by the driver and followed them to an apartment on Walk Hill Street.

Boston Police ultimately arrested Troy Fernandez, 21, and Molijah Burley, 19, both from Dorchester, and have charged them with Armed Robbery.

While pursuing Fernandez and Burley into the apartment, officers also observed a large bag of marijuana, and ended up arresting three other people for Drug Crimes. Rodney C. Haskin, 22, Phillip Henry, 24, and Sharon M. Thibeau, all of Mattapan, were all arrested and charged with Possession with Intent to Distribute a Controlled Substance, Marijuana.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience in defending persons against criminal charges involving Drug Crimes Charges and Crimes of Violence, including Armed Robbery. See Case Results.

To schedule a Free Consultation and to discuss your criminal case with a Boston Criminal Lawyer, Contact Us Online or call 617-325-9500.

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Dennis Bowen, 22, of Chelsea, Massachusetts, was arrested last night for allegedly stabbing to death Carlos Ramirez, also of Chelsea, on Thanksgiving Day morning this past Thursday.

According to the Chelsea Police Department, Bowen allegedly stabbed Ramirez on Broadway Street in Chelsea after some ‘altercation’. At this time, there is no information as to what prompted the altercation, or how Bowen and Ramirez were known to one another.

Last evening, Bowen negotiated through his criminal attorney to turn himself in to the Chelsea Police Department after a warrant was issued for his arrest. He is scheduled to be arraigned in Chelsea District Court Monday morning on Murder Charges.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all major felony crimes, including Murder and other Crimes of Violence.

To schedule a Free Consultation with a Boston Murder Lawyer, Contact Us Online or call 617-325-9500.

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Mary Huot, of Fall River, Massachusetts, is charged with Assault with Intent to Murder for allegedly driving her car into a large crowd of people.

The incident occurred last Sunday morning when Huot allegedly drove into the crowd, which resulted in injuries to three young women. According to New Bedford Police, a witness told them Huot laughed as she drove her car over the curb and gunned the gas at several people standing on the grass. Huot then allegedly left the scene of the incident.

In addition to Assault with Intent to Murder charges, Huot was also charged with Leaving the Scene of an Accident with Personal Injury, and Assault & Battery with a Dangerous Weapon. She is expected back in court this Monday for a Dangerousness Hearing.

A Dangerousness Hearing is held in those cases where the crime involves a Crimes of Violence or a felony offense that has as an element the use or threat of physical force against another person and where the prosecutor asks the Judge to detain the person without bail. A defendant against whom a petition for detention is requested is entitled to a hearing, at which the Judge must find that the prosecutor has proven that ‘no conditions of release will reasonably assure the safety of any person in the community.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation of all major felony crimes, including Assault to Murder, Assault & Battery with a Dangerous Weapon, and other Crimes of Violence.

To schedule a Free Consultation with a Boston Criminal Lawyer, Contact Us Online or call 617-325-9500.

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This past Tuesday, three men were caught trying to remove $30,000 worth of merchandise from Natick’s Louis Vuitton collection while one of the men ordered an employee to remove the cash from the register.

Natick Police repsonded and arrested Duane White, 44, of Boston. The other two men, however, were able to get away and remain at large to date. According to Natick Police, most of the stolen merchandise, which consisted mostly of purses, were left by the three suspects once officers responded. The cash taken, however, was not recovered.

Duane White is to be charged with Unarmed Robbery.

Unarmed Robbery is the crime where one, not being armed with a dangerous weapon, by force and violence, robs, steals or takes from the person of another money or other property. Massachusetts punishes the crime of Unarmed Robbery with imprisonment for any term of years up to life.

In order to prove the crime of Unarmed Robbery, the prosecutor must prove, beyond a reasonable doubt:

  1. The defendant either applied actual force and violence to the victim or put him or her in fear by using threatening words or gestures;
  2. The defendant took the money or other property with the intent to steal it; and
  3. The defendant took the money or other property from the immediate control of the victim.

The actual force and violence, or assault and putting the victim in fear must be the essence of the defendant obtaining possession of the property. This is distinguished from the crime of Armed Robbery, where a dangerous weapon, such as a gun or a knife, was used to obtain the property.

To schedule a Free Consultation and to discuss your criminal case with Boston Criminal Lawyer Lefteris K. Travayiakis, Contact Us Online or call 617-325-9500.

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Dwayne Moore, 33, was arraigned yesterday morning in the Dorchester Division of the Boston Municipal Court, charged with four counts of First Degree Murder in connection with the Mattapan murders of four people: Levaughn Washum-Garrison, Simba Martin, Eyanna Flonory, and her 2 year old child, Amanihotep Smith.

At Moore’s arraignment in Dorchester, Suffolk County prosecutors alleged that Moore conspired with Kimani Washington to rob Simba Martin, who was allegedly dealing drugs from his Mattapan home on Sutton Avenue. According to prosecutors, Moore lived with Martin at one point in 2010 after being released from state prison following a Manslaughter conviction, and therefore knew about Martin’s illegal drug business, and presumably, his stash of drugs and money at his home.

On the night of the murders, September 28, Moore and Washington tried to get Martin to come out of his home, but another man, Marcus Hurd, arrived to purchase drugs of his own. At that point, Moore and Washington forced both Martin and Hurd inside at gunpoint and the two began robbing the home.

After cash, drugs and other items were taken, the two men, one woman and her child were forced out of the home naked and taken to nearby Woolson Street where they were shot multiple times. Only Marcus Hurd has survived the incident but he remains in critical condition.

The day following the murders, Kimani Washington was stopped by Boston Police driving the car that was believed to be linked to Marcus Hurd, and he was arrested for Unlawful Possession of a Firearm and Unlawful Possession of Ammunition. As of this date, Washington has not been charged with Murder.

Boston Criminal Lawyer Lefteris K. Travayiakis recognizes the extremely serious consequences one faces when charged with major felony crimes such as Murder, Armed Robbery and Gun / Firearms Crimes, and for that reason, he makes himself available 24/7 for consultation.

To schedule a Free Consultation and to discuss your criminal case with a Boston Criminal Lawyer, Contact Us Online or call 617-325-9500.

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same old place.jpgThis past Sunday, three young men were Murdered as a result of the gun and knife fight inside the Same Old Place Pizza shop in Boston’s Jamaica Plain neighborhood. Boston Police now believe that the incident was gang-related.

According to the Boston Police Department and witnesses on scene, shots were fired at around 7:30 on Sunday. An altercation that initially began with fists, led to a knife being drawn and then a gun. When Boston Police Officers responded on scene, one 21 year old man was found suffering from stab wounds; another 21 year old man and a 28 year old man both were found to have been shot. All three men were transported to Boston hospitals where they eventually succumbed to their wounds.

A fourth vicitm, a female pedestrian who happened to be in the area at the time shots were fired, was struck in the leg. She was taken to the hospital with non-life-threatening injuries where she was treated and released.

At least two of the shooting victims have been identified: one as Ariel Dume, 20, of Dorchester; the other as Johnell Cruz, of Jamaica Plain. A Boston Police spokeswoman revealed today that all three of the victims that were killed in this incident were all ‘associated’ in some way with gang activity.

To this date in 2010, Boston Police have recorded 70 homicides in the city, compared to only 45 by this time in 2009.

Boston Criminal Lawyer Lefteris K. Travayiakis defends those charges with major felony crimes in Massachusetts, including Murder, Gun / Firearms Charges, and all Crimes of Violence.

To schedule a Free Consultation with a Boston Criminal Lawyer, Contact Us Online or call 617-325-9500.

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Jose Lorenzo, 22, of Boston, Massachusetts, was arrested in connection with a shooting and Home Invasion that occurred at a Quincy last month. The incident resulted in one man being admitted to the hospital with critical injuries.

Lorenzo is charged with Armed Assault with Intent to Murder, Assault with Intent to Rob, Home Invasion, Armed Robbery, Kidnapping, and Larceny of a Motor Vehicle.

According to the Norfolk County District Attorney’s Office, Lorenzo’s DNA was allegedly found at the scene of the crime. A warrant for his arrest was issued shortly thereafter police discovered his DNA, and Lorenzo was arrested when you appeared to check in with his Probation Officer.

The Quincy Police Department reported that two men broke into the home. Four men were in the home at the time, but the two men were wearing bandanas to conceal their identity. The two men allegedly stole numerous flat screen TV’s, cash and computers, and ultimately shot one man in the head. The men allegedly took one of the occupants hostage, later dropping him off on Dorchester Street.

Home Invasion:
Generally speaking, other than Murder and Rape, Home Invasion is considered to be one of the most serious crimes one can be charged with. Home Invasion is the crime of entering the home of another while armed with a dangerous weapon, and force or at the least the threat of force is used upon the occupants of the home. In Massachusetts, the crime of Home Invasion is punishable for ‘not less than’ 20 years and up to life in state prison.

In order to prove the crime of Home Invasion, the prosecutor must establish, by proof beyond a reasonable doubt, that:

  1. The defendant unlawfully entered the dwelling of another;
  2. He knew or had reason to know one or more persons were person within the dwelling;
  3. He was armed with a dangerous weapon at the time of entry; and
  4. He used force or threatened the imminent use of force on any person within the dwelling house; or alternatively, caused injury to any person within the dwelling.

Boston Criminal Lawyer Lefteris K. Travayiakis understands the extreme consequences persons face when charged with major felony crimes such as Home Invasion, Armed Robbery, Armed Assault to Murder and other Crimes of Violence. For that reason, he is available 24/7 for consultation.

To schedule a Free Consultation and discuss your legal rights with a Boston Criminal Lawyer, Contact Us Online or call 617-325-9500.

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In an opinion released this morning, the Massachusetts Supreme Judicial Court today reversed the First Degree Murder conviction against Jerome McNulty, who in 2001, had been convicted of the murder of Linda Correia, 27, in her Salem bedroom.

In its decision, the Massachusetts Supreme Judicial Court held that McNulty’s right to be informed by the Salem Police Department of his criminal lawyer’s attempt to provide advice to him had been violated. Consequently, it was error for the judge at his murder trial to admit into evidence McNulty’s signed statement that he made to the Salem Police Department.

When an attorney representing a person held in custody makes it known to the police that he is seeking to reach his client to provide legal services, the police have an affirmative duty to inform the suspect immediately of the attorney’s efforts. Even if the suspect had previously agreed to speak with the police, once the attorney makes that request, the suspect must be informed of his lawyer’s efforts to reach him and the suspect’s prior consent is invalid. Failure to do so results in a violation of a suspect’s constitutional right to counsel.

No matter what the circumstances or the charges, no suspect or person in custody should agree to speak with the police unless they have first consulted with an attorney and have a lawyer present during any interviews.

Boston Criminal Lawyer Lefteris K. Travayiakis represents persons charged with all major felony crimes, including DUI/OUI, Crimes of Violence, Drug Crimes, and Gun Crimes, and is available 24/7 for consultation.

To schedule a Free Consultation with a Boston Criminal Lawyer, Contact Us Online or call 617-325-9500.