Massachusetts Criminal Defense Lawyer Blog

Massachusetts Criminal Defense Attorneys Must Comb Every Possible Angle

May 21, 2012 | by Michael DelSignore

Massachusetts criminal defense attorneys have been closely watching the defense strategy in a Florida murder trial, in which a husband is accused of slaying his 33-year-old wife.

In cases requiring a Boston criminal defense, attorneys analyze all angles of a case. Some are glaring situations of self-defense. Others are more nuanced.

In the case of a Florida real estate developer accused of murder, it seems unlikely that he even committed the crime at all.

Here’s what we know about the unfolding case, as it’s been reported by ABC News:

A young mother is found dead on the bathroom floor of her south Florida home. It was November 2007. It was her husband who found her, and subsequently made a frantic phone call to 911.

Prosecutors are contending that the husband killed his wife by strangulation just moments before he made that call.

And it would seem unlikely that a seemingly healthy, 33-year-old woman would die suddenly of a medical condition.

However, the defense has been seemingly effective in creating a shadow of doubt. In their argument, the wife did in fact die of congestive heart failure. The wounds and abrasions found on her body, they said, were likely the result of her falling to the floor in the midst of a heart attack.

Additional wounds, they contended, could be explained by the aggressive treatment that followed shortly after by paramedics and those working to save her life. Chest compressions and other life-saving methods have been known to cause extensive bruising and even broken ribs and other maladies.

What’s more, while the doctor who conducted the autopsy did not render a cause of death (it was still pending at the time of the trial), the chief medical examiner – who was not even present for the autopsy – declared her death a homicide.

And a woman intended to be a key witness for the prosecution – a close friend of the deceased woman – testified instead about how deeply in love the pair were, and how happy her friend was with her husband. That ended up backing claims by defense attorneys that the couple had no major problems that would have supported a motive for murder.

A few months before her death, the woman had reportedly undergone surgery for breast augmentation. At that time, surgeons and anesthesiologists testified that they were unaware that the patient had any heart condition. However, defense attorneys rightly pointed out that sometimes patients lie on medical forms, particularly for cosmetic surgery, because they don’t want anything to stop them from getting the procedure. It’s likely too that the woman didn’t know about a possible heart condition. Just because there was no indication of it during surgery doesn’t mean it didn’t exist.

This case is interesting because it illustrates how an experienced defense attorney can attack a prosecution’s theory from nearly every angle. No matter how bleak a case may look on day of arrest, things may look much different in the courtroom. Another great reason why it’s important to exercise your right to remain silent and consult with an experienced Massachusetts criminal defense attorney as soon as possible.

Having an experienced criminal defense attorney at your side as your case moves through the system is critical to obtaining the best possible outcome. What may look bleak at the outset may not be bleak at all. Another great example of why it’s best to exercise your right to remain Continue Reading ›

Massachusetts DUI Lawyers will be able to have some license suspensions vacated as a result of recent court decision

May 21, 2012 | by Michael DelSignore

Melanie’s Law, a piece of legislation that aims to reduce the number of repeat offenders requiring a Massachusetts drunk driving defense, may have just been significantly weakened.

Massachusetts OUI lawyers are watching closely to see what happens next.

To understand the ruling and what it could mean, you first have to understand the context. Melanie’s Law was passed in late 2005, with the goal of increasing the punishment for those charged with Operating Under the Influence (or Massachusetts OUI). The law is named for Melanie Powell, a girl who was killed by a drunk driver.

The law was the start of the state’s interlock ignition program (which officially got underway the following year). It also established a 1 year minimum mandatory imprisonment for someone found guilty of OUI while operating after a suspension for a previous OUI. That means that if your license is suspended for OUI, and you get caught driving drunk again, you would serve between 1 year and 2.5 years behind bars.

Additionally, you would pay a fine of between $2,500 and $10,000, and your license would be automatically suspended for three years for refusal to submit to a breathalyzer test to determine your blood alcohol level.

So with that understanding, here’s what happened in the Supreme Judicial Court case, according to The Patriot Ledger:

Back in 1997, a man admitted to sufficient facts for a finding of guilty. However, he did not plead guilty and he was not found guilty. He served probation, and the case was subsequently dismissed.

Fast-forward to 2010. That same man was stopped by police for suspicion of drunk driving. He refused to submit to a breathalyzer test. He was given an automatic three-year suspension.

He appealed that ruling, and the case made it all the way up to the state’s supreme court.

That court overturned his automatic suspension. The central issue in the case was what did the word “convicted” mean? It sounds fairly straightforward, but in a case where no one pleaded or was found guilty, that does not equal a conviction.

So what does this mean?

It could mean the overturning of a large number of three-year suspensions if the person involved was not actually found guilty of his or her offense. Court justices said that if lawmakers had intended to include the provision for admission to sufficient facts, it should have done that explicitly when it penned the bill.

Legislators have said that it was obviously not their intent to exclude this aspect. However, without their explicit direction, judges are left with wiggle room in their interpretation.

The Registry of Motor Vehicles in turn mistakenly gave out three-year suspensions by counting continuance cases as prior convictions under Melanie’s Law.
Continue Reading ›

New Bedford Sex Crime Prosecutions May Increase as a Result of Federal Probe

May 16, 2012 | by Michael DelSignore

New Bedford sex crimes defense attorneys know that an allegation of such an offense can have major implications for the accused.

This is especially true for college students charged with a New Bedford sex crime. With an entire future ahead of him, college students must find an experienced and knowledgeable defense attorney, whether the charge is date rape, statutory rape, sexual battery or other sex offense.

In a lot of Massachusetts sex crimes that allegedly occur on campus, victims will report those allegations to university police. There is supposed to be specific protocol in place for how such cases should be handled, although there have been some high-profile instances in recent years in which top university brass have come under fire for attempting to sweep such situations under the rug. These institutions don’t want to gain a reputation as being unsafe for students.

Abington Domestic Assault and Battery Charges Against Weymouth Cop

May 11, 2012 | by Michael DelSignore

Abington assault and battery charges have been filed against a 37-year-old police officer who allegedly attacked his 9-year-old twin daughters.

Abington domestic violence defense lawyers know that such an allegation can have implications not only for the officer’s criminal record, but also his job and child custody arrangements.

Domestic battery cases in Massachusetts often stem from very personal matters. It’s not uncommon for one angered spouse to exaggerate or flat-out lie out of spite about what actually happened.

OUI Drug charges in Massachusetts and new legislation targeting driving under the influence of drugs

May 9, 2012 | by Michael DelSignore

Massachusetts DUI/drugcharges present unique challenges to prosecutors, compared to a standard, alcohol-related DUI charge.

In a routine Attleboro DUI, police officers can test your blood alcohol level through a breath or blood test. They can note well-recognized signs of alcohol intoxication, and a lot of these cases are fairly straightforward (although there are always ways that a skilled Massachusetts DUI defense attorney can attack the credibility of those tests or the officer’s work).

Under Massachusetts General Law, Colorado Per Se Drugged Driving Bill Moving, By Phillip Smith, stopthedrugwar.org

Massachusetts DUI Roadblock arrest involving fleeing motorist

May 3, 2012 | by Michael DelSignore

Fleeing a Lawrence DUI roadblock has resulted in assault charges and complications for one man’s Massachusetts DUI defense team – not to mention it nearly got him killed.

Lawrence DUI defense lawyers understand that sobriety checkpoints are intimidating. While we have long challenged their legality and effectiveness, the fact is, for now they are legal and that isn’t likely to change anytime soon. However, there are solid defenses that an experienced Lawrence DUI lawyer can mount to weaken the credibility of the state’s case.

Additionally, cases involving Massachusetts DUI roadblocks are often tough for prosecutors anyway. That’s because when you’re stopped at a checkpoint, officers often have no proof that you were driving erratically. Plus, these operations rely a great deal on field sobriety tests. These are non-scientific and highly subjective measures by which law enforcement tries to prove a Lawrence DUI. Such “evidence” may not stand up in court.

Attleboro Drug Trafficking Defense to Target Search Warrant

May 2, 2012 | by Michael DelSignore

A strong Attleboro drug trafficking defense will be required for a man suspected of trafficking both heroin and cocaine.

Attleboro drug trafficking attorneys have read that the suspect told arresting officers he was only selling the drugs in order to scrape together enough money to feed his family. In today’s struggling economy, it’s certainly believable. The family was receiving government assistance at the time of his arrest.

While this was the fact highlighted by the media, the man’s Attleboro criminal defense attorney has said he is likely to be taking a closer look at how officers obtained and carried out their search warrant.

Boston Sex Crimes Watch: Military Members Accused

April 27, 2012 | by Michael DelSignore

Allegations of sex crimes in Boston can be devastating to the family life, career and reputation of the accused.

This is particularly true when the accused is a member of the military.

Boston sex crimes attorneys have been closely watching the allegations unfolding from the U.S. Military Academy in New York and the U.S. Naval Academy in Maryland. In both of these cases, the alleged victims have admitted they were intoxicated at the time the alleged crimes occurred.

Repeat Offender Requires Attleboro Reckless Driving Defense

April 22, 2012 | by Michael DelSignore

A police chase prompted authorities to take drastic action in side-stepping normal procedure for license revocation for a motorcyclist eight-times convicted of driving to endanger in Attleboro.

Attleboro criminal defense attorneys know that it’s rare for police to make a direct request to the Massachusetts Registry of Motor Vehicles, requesting an immediate revocation. In this case, however, police have labeled the 33-year-old motorist a menace.

Prosecutors say his long record of traffic violations include eight prior convictions for driving to endanger.

Boston Sex Crimes: False Allegations Against Coach Bernie Fine

April 19, 2012 | by Michael DelSignore

There is no doubt that the accusations of Boston sex crimes can ruin a person’s life.

Massachusetts defense attorneys know that the potential is there to completely tarnish a person’s reputation, future employment prospects, living arrangements and personal relationships.

Of course, we also know that a great deal of the allegations aren’t true, or are some exaggeration of the truth. We may see a lot of this in cases where multiple plaintiffs come forward in the wake of a high-profile case.

This is what’s happened in the case of Bernie Fine, an ex-assistant coach at Syracuse University. Once having four allegations of sexual misconduct lodged against him, each and every single one has failed to stand up to the credibility test – including the most recent allegation, in which the accuser flat-out admitted he lied.

Fine was fired in November, in the wake of the allegations.

It seems one can hardly turn around without word of some new sex abuse allegation being lobbed at educators and coaches around the country. The case against former Penn State Coach Jerry Sandusky is one. Then there are the host of allegations that continue to be filed against coaches and teachers in California.

Some of the reasons have to do with the very nature of the job in working closely with children on a one-on-one basis. It leaves employees in these positions susceptible to false allegations – particularly those made years after the fact – because you’re left with a he-said-she-said scenario. Plus, children and youth may not understand the full scope of consequences of their false accusations. And accusers may believe there will be some form of eventual pay-out if the coach or teacher is high-profile — and they figure the odds are better if there is more than one accuser.

A skilled defense attorney who is aggressive in getting to the bottom of these accusations may be able to confront the accuser with a greater weight of evidence favorable to the defendant. Sometimes, this results in a full recanting of the original allegation.

This is what happened in the Bernie Fine case.

A 23-year-old man from Lewiston, Maine is currently preparing to serve more than three years in a Massachusetts prison on allegations that he sexually abused a teenaged boy. The defendant in that case is one of the four who accused Fine of sexual assault.

The defendant said that when he was 13-years-old, Fine fondled him in a Pittsburgh hotel room, and that he and the assistant coach had watched pornography together. He filed a civil lawsuit in December, but his attorney withdrew it several weeks later.

He now says that not only were the allegations untrue, but he had never actually met Fine, and that he “takes pride in lying.”

Then there was the accusation that came from another prison inmate who made allegations against Fine. Those reports were never published because media outlets deemed them not credible from the start.

Two other accusers, former ball boys for the Syracuse team, said they too were molested by Fine for a number of years. However, the statute of limitations on those allegations has expired.
Continue Reading ›