Boston Criminal Lawyers Blog
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A Brockton man was arraigned last week on several Massachusetts Crimes of Violence Charges for allegedly shooting at a crowd of people in Boston.

The man was formally arraigned in the Dorchester Division of the Boston Municipal Court with Armed Assault to Murder, Unlawful Possession of a Firearm, Unlawful Possession of Ammunition and Carrying a Loaded Firearm.

According to the Boston Police, the Brockton man exited his vehicle last Tuesday evening and started shooting at a group of people that were in front of a liquor store in the area of 620 Shawmut Avenue in Boston’s South End.

Boston Police Officers allegedly witnesses the shooting and began chasing the man, who reportedly discarded the firearm. He was arrested further down on Washington Street.

Another man, from Boston, then allegedly grabbed the discarded gun and attempted to hide it in a plastic bag under some bushes. That man was also arrested and charged with Massachusetts Gun Crimes Charges. At his arraignment, Suffolk County prosecutors also charged him with being a Level III Armed Career Criminal. His bail was set at $15,000 after his arraignment in Dorchester Court.

As for the Brockton man, he was held on $100,000 cash bail with conditions, including GPS monitoring.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons charged with Massachusetts Crimes of Violence and Gun Crimes Charges, including Armed Assault to Murder and Unlawful Possession of a Firearm, and is available 24/7 for consultation.

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

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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.

The Massachusetts Supreme Court, however, overruled that decision, holding that once there was an unequivocal invocation of his right to speak with an attorney, the interview should have been terminated immediately and the police should not have allowed him to continue to speak.

In all my years in defending persons charged with any crime, I have yet to see a case where the defendant spoke to the police and it benefitted him. In the vase majority of cases where my clients have made statements, the clients then assert that their words were taken out of context, changed and have even denied making statements altogether.

There is a reason why there is a constitutional right to remain silent, for not other reason that whatever you say can and will be used against you in court. Chances are, if the police are questioning you and think you’re a suspect, they’re not asking questions to help you – they’re asking questions to build a strong case and bury you when you get charged.

Unequivocally, the better and safest practice in ANY circumstances is to NOT answer any questions without first speaking to a lawyer.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Criminal Charges, including Murder and Criminal Appeals.

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

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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.

In total, 5 persons were arrested last Thursday evening in connection with this sting operation by the Boston Police Department.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience in defending persons against Massachusetts Sex Crimes Charges, including Enticement of a Child Under 16, and is available 24/7 for consultation.

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

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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.

The Sex Crime of Indecent Assault & Battery on a Child Under 14 involves the unlawful ‘indecent’ touching against a child under 14. Massachusetts criminal law defines an ‘indecent act’ as one contrary to contemporary standards of decency, typically those acts involving the touching of another’s ‘private parts’.

A conviction for the crime of Indecent Assault & Battery on a Child Under 14 is punishable by imprisonment to the House of Correction for a term up to 2.5 years; or to state prison for up to 10 years.

A conviction for either Rape of a Child or Indecent Assault & Battery on a Child Under 14 would require that the defendant convicted of such crimes register with the Massachusetts Sex Offender Registry Board; and submit his/her DNA to the state’s database. A conviction for this and other sex crimes could also lead to other collateral consequences, including subjecting the defendant to a term of community parole supervision for life and/or civil commitment as a “sexually dangerous person.”

Prosecutors obviously prosecute Massachusetts Sex Crimes very aggressively, and a defendant can expect that the prosecutors and police will seek to obtain any and all forensic evidence they can find. Forensic evidence that they would seek would not only include blood and DNA evidence, but they may also seek to seize and obtain computer and cell phone records.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience in successfully defendant persons charged with Massachusetts Sex Crimes, and is available for consultation 24/7 for all sex crimes, including Rape, Rape of a Child, and Indecent Assault & Battery on a Child Under 14.

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

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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.

With regard to sentencing on this case, the imposition of the 20 year minimum sentence is not mandatory, in the sense that the if someone is found guilty of this crime, a judge does have discretion to not sentence him/her to state prison, but to place the person on probation for some length of time. Only in circumstances where the sentencing judge imposes a sentence of commitment for the crime of Home Invasion, the minimum sentence that must be imposed is 20 years.

By contrast of course, the crime of 1st Degree Murder carries a mandatory life sentence to state prison without the possibility of parole.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience in defending against crimes involving Murder, Home Invasion and Gun Crimes Charges, and is available 24/7 for consultation.

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

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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.

For instance, a conviction for Trafficking in Cocaine of 14 to 28 grams carries a sentence of not less than 3 and up to 15 years in state prison; while Trafficking in Heroin of 14 to 28 grams carries a sentence of not less than 5 and up to 20 years in state prison.

There are many potential issues that must be explored and researched an a defense involving a drug crime. Some issues, such as a challenging the probable cause in the issuance of a search warrant or challenging an unlawful search and seizure could be dispositive in the defendants case by getting the drugs suppressed or thrown out. Other times, particularly where controlled buys were employed by the police and the identity of the alleged ‘dealer’ may be in question, the defense may turn on challenging the defendant’s access to or possession of the drugs, even if he resided in the home and/or if the drugs were located in a common area.

On their face, many drug cases may appear to be total losers, with the defendant having no chance of beating the charges. A skillful attorney, with knowledge of the law and possible legal arguments, could often be the difference between a defendant serving 3-15 years and either getting his case dismissed or winning at trial.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons charged with Massachusetts Drug Crimes, including Drug Trafficking; Drug Distribution; Possession with Intent to Distribute Drugs; Conspiracy to Violate the Drug Laws; and Drug School Zone / Park Violations, and is available 24/7 for consultation.

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

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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.

The woman told police she made repeated attempts to scoop out the baby’s mouth and made rescue breaths, but the baby’s color never changed and she did not notice the baby cry or move. After not being able to resuscitate the baby, she disposed of the baby in the trash. The police discovered the baby’s body a few days later.

The Worcester District Attorney’s Office ultimately charged the woman with Murder and, after trial, a jury convicted her. The Supreme Judicial Court however, reversed the conviction and ruled that prosecutor’s failed to prove that the woman’s decision not to seek medical help was the cause of the child’s death. The Court distinguished this case from one where a woman intentionally foregoes medical assistance with the intent to kill her fetus; or where a woman undergoes unassisted childbirth after she was told doing so could jeopardize the baby’s life.

Essentially, the Massachusetts Supreme Court held that someone can be subject to criminal liability if a viable fetus is intentionally killed, but this was not the case. In this case, the Court ruled that there was no evidence that the woman had any intention of killing her own fetus simply because she elected to not have medical treatment.

See court’s full opinion at Commonwealth v. Allissa Pugh.

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

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

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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.

Like many sex crimes, a conviction for this offense would render the person subject to Massachusetts Sex Offender Registration; will require him to submit a DNA sample to the state’s DNA database. Additionally, depending on the persons criminal history, he may also be subject to a term of community parole supervision for life.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons charged with various Massachusetts Sex Crimes, including Rape and Indecent Assault & Battery, and is available 24/7 for consultation.

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

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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.

The crime of Attempted Murder in Massachusetts is where a person, with the specific intent to commit the crime of Murder, takes an overt act towards committing murder and came reasonably close to doing so. Attempted Murder is punishable with a sentence to state prison for up to 10 years.

Strictly considering the potential penalties involved in these types of crimes, there aren’t that many crimes that are considered more ‘serious’ than Home Invasion. As such, these types of crimes are prosecuted extremely aggressively. In this case, given that the purported victim was a Massachusetts State Trooper, the defendant here can expect that the district attorney’s office will make this case a priority.

That being said, the defendant here should be sure to have competent and aggressive counsel on his side.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience in defending persons charged with Massachusetts Crimes of Violence, and is available for consultation 24/7 for those crimes, including Home Invasion, Attempted Murder and Gun Crimes.

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

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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.

In cases such as these, it is critical that the defense scrutinizes the facts that the police purportedly relied upon in justifying their stopping and then searching anyone alleged to be involved in a drug transaction. A person charged with a Massachusetts Drug Crime will certainly want to consider challenging whether the police had reasonable suspicion or even probable cause to initiate a search. A successful constitutional challenge on these grounds could lead to the drugs and other evidence being ‘suppressed’ or thrown out, without which there might not be any evidence for the prosecution to go forward.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending Massachusetts Drug Crimes, including Unlawful Drug Posession and Possession with Intent to Distribute Drugs, and is available 24/7 for consultation.

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