Massachusetts Criminal Defense Lawyer Blog

Marlborough Man Charged With Massachusets Domestic Assault and Battery

December 10, 2011 | by Michael DelSignore

A Marlborough man is being held in connection with an alleged domestic violence incident involving his girlfriend, reports The MetroWest Daily News.

Charges of assault and battery in Westborough are typically filed by authorities in cases where there is some type of fight or domestic dispute. The severity of injuries sustained by the alleged victim goes a long way toward prosecutors determining what type of charge to bring.

This is a commonly filed charge in domestic assault and battery incidents in Massachusetts. And these charges, while somewhat common, can be some of the most difficult cases to bring for prosecutors. Massachusetts criminal defense lawyers have seen that many times, the charges come down to one person’s word against another’s, which can be tough for jurors to determine.

When police are called to a person’s house after an alleged victim calls 911 to report a domestic incident, they have to make a snap judgement, based often on which person seems most credible, who is bigger and who has more scratches or bruises. This is a difficult task and many times, police take the stereotypical way out and choose the man as the suspect and the woman as victim.

Jason Cavooto, 36, is charged with assault and battery with a dangerous weapon, assault and battery and threatening to commit a crime, the newspaper reports. He is already facing charges of running a methamphetamine lab out of his shed and carrying a gun without a license. The case is being heard in Middlesex Superior Court.

In this case, a Marlborough District Court judge ordered him held without bail after it was discovered he had the open case in Middlesex Superior Court. Bail was initially $10,000.

According to the newspaper’s account Cavooto’s girlfriend told police that they were sitting with a friend at their house when she said something to him. He cussed at her and punched her in the arms and stomach, which caused her to throw up, she said. He allegedly backhanded her, which knocked her out.

Later that night, according to police, he punched her in the mouth and split her lip. He is accused of throwing her into the kitchen table, cutting her back and breaking a mirror. He also allegedly grabbed her by the throat and choked her the next morning. When he called the next day, he allegedly threatened her and while the phone was still connected, told a friend he was going to kill her.

In Massachusetts, in order to find a person guilty of assault and battery, the state has to prove three specific elements:

That the defendant touched the person without having the right to do so
That the defendant intended to touch the person
That the touching either was likely to cause bodily harm or was done without consent

More Women Being Arrested for Drunk Driving in Massachusetts

December 9, 2011 | by Michael DelSignore

The Washington Post is reporting that more woman are being arrested for drunk driving.

Yet the Centers for Disease Control and Prevention reported this fall that men were responsible for 81 percent of drinking and driving incidents in 2010.

Some of these statistics can be unreliable. For instance, law enforcement runs public relations and media campaigns trying to get people to think that OUI in Massachusetts and nationwide is on the rise.

But, studies have shown that the number of OUI incidents in Fall River, Framingham, Boston and elsewhere are actually on the decline. So, what do you believe?

Our Westborough OUI lawyers recognize that law enforcement will believe the statistics that justify their DUI road blocks and saturation patrols — DUI is a moneymaker and they are looking to make as many OUI arrests as possible. Whether numbers are up or not, police will be out in full force.

The CDC reports that adults drank and drove 112 million times in 2010 according to the agency’s survey. Men ages 21 to 34 made up 32 percent of all drunken driving episodes, but make up only 11 percent of the population. Eighty-five percent of drinking and driving involved binge drinking — 5 or more drinks for men or 4 or more drinks for women in a short period.

A study by The Century Council, as reported by The Washington Post, suggests that mothers have been drinking and driving with their children more often lately. A study found that the average female drunk driver is older and more educated than their male counterparts.

The profile of a typical female drunken driver didn’t surprise researchers, who put together the study after the 2009 accident of a mother in New York who was under the influence of drugs and alcohol and caused a wrong-way crash that killed her, her daughter, three nieces and three men in another vehicle.

The article suggests that some parents, especially mothers, may have a glass of wine or two with friends while caring for their children. This may be a more common situation than we might realize.

But like any OUI case, the charges must be proven. Even a person arrested can’t be considered guilty until it is proven in court, despite the court of public opinion. That’s what trials are for. And women may face additional charges, most commonly child endangerment, which can increase the potential penalties for a conviction.

The Commonwealth has a great burden in proving someone committed a crime and simply going on the word of the officer who pulled the vehicle over is not enough. More must be proven.

If field sobriety tests were conducted, they must have been conducted appropriately, with consideration taken for weather conditions and possibly the person’s physical ailments, could have affected the outcome. If there were witnesses and dash cam surveillance, that, too, should be a factor.

If a driver consents to a breath test machine sample, the reading should be challenged. These machines have been known to be faulty, as thousands of cases have been dismissed because the machines either weren’t properly calibrated or maintained or they weren’t manufactured correctly.

All of these are factors in a Massachusetts OUI case. Whether you’re a woman or a man, it’s no matter. An experienced Massachusetts OUI lawyer can help.
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Women Accused of Counterfeiting Scheme in Plainville, Massachusetts

December 7, 2011 | by Michael DelSignore

Two women from New York have been charged in a case of trying to use counterfeit bills to make purchases at Target stores in Plainville, North Attleboro, Seekonk and Connecticut.

Counterfeiting schemes could be considered larceny in Attleboro — a form of theft. In most cases, suspects use fake bills in order to make purchases. Many times, these cases can be difficult for police to discover unless the cashier checks the bills on the spot. However, counterfeiting can also be a federal crime investigated by the U.S. Secret Service.

Trying to piece together video footage and witness testimony after the fact and link a person to the crime can be a tricky proposition for the police. While the technology behind the government’s printing of dollars has gotten better in recent years, there are still people willing to try to literally print money.

For those who are arrested, an experienced Massachusetts defense attorney must be hired in order to investigate all the facts and look at the evidence police intend to use against the defendant. It may be possible, in some cases, for the evidence filed by police to be suppressed if rights were violated in the process. That happens only depending on the specific circumstances of the case, however.

In this case, The Sun-Chronicle reports, two woman were allegedly conducting a scheme where they would use counterfeit money to buy electronics at stores and then attempt to exchange them at other stores for the cash.

“They were doing some type of flim-flam, buying I-pods and I-pads at Target, using counterfeit money to buy them, and returning them to other Targets to get real money,” said Plainville Police Sgt. Scott Gallerani.

According to the newspaper’s report, several thousand dollars in counterfeit money were confiscated by officers. 24-year-old Iyanah Wright of Hempstead, New York, and 22-year-old Shannon Hoskins of Freeport, New York, have been arrested.

The newspaper reports that Wright was arrested after a foot pursuit in the parking lot of a Target store in Plainville. Hoskins was found by store security and held there. Both women now face charges of possession of counterfeit notes, receiving stolen property and conspiracy. Wright also faces a charge of resisting arrest and disorderly conduct.

According to police, detectives in Seekonk and North Attleboro are now investigating to see whether the women may be connected to alleged incidents there. Connecticut authorities may be, too. The women reportedly have open cases in New York of a similar situation.

There may also be a man who is involved as a “lookout” in connection with the incident. The women were set for an arraignment in Wrentham District Court.

Proving that the women knew the money to be counterfeited may be a challenge for police. The fact that they may have committed the crime in different areas has no bearing on these individual cases. If they are charged with committing the crime in Connecticut, an Attleboro jury likely won’t know that. They must determine guilt based on the incident that allegedly happened in that area. That may be tough in this case.
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Taunton Brothers Face Massachusetts Drugs Charges After Police Raid

November 21, 2011 | by Michael DelSignore

The Taunton Daily Gazette reports that two brothers are facing guns and drug charges after a police raid.

Drug charges and gun charges in Taunton often go hand-in-hand.

Massachusetts criminal defense lawyers have defended many clients charged with both crimes. In the Commonwealth, drug charges can range from possession of a small amount of marijuana to being caught with larger amounts that can lead to trafficking charges.

In gun cases, possession of a gun without a firearm identification card can lead to mandatory jail time. Possession by a convicted felon or using a weapon while committing another crime are also serious offenses.

But there are many defenses to these two charges. Your defense lawyer must carefully review the facts and circumstances that led police to believe they were justified in filing such charges. If they relied on a search warrant to gain entry to a home, car or business to seek evidence, what was written in an affidavit must be scrutinized.

In many cases, a group of people can be riding in a car that gets pulled over by law enforcement. If there’s an illegal gun or drugs in the car, police will sometimes attempt to charge everyone. That’s simply not right and cases like that have been overturned and charged dropped because police don’t have the facts to back up such charges.

In this case, 19-year-old Adilson DaGraca-Teixeira and 21-year-old Jason DaGraca-Teixeira are charged with possession of heroin with intent to distribute, conspiracy to violate drug laws, possession of ammunition without a firearms identification card and possession of a firearm without a firearms identification card. They are both being held without bond while they await a February 2 trial date.

On November 3, police raided their apartment at 56 Wales St. after they got a search warrant signed by a judge. Officers said they found heroine, oxycodone as well as a hidden compartment in the ceiling that contained ammunition and two handguns. The defendants’ sister, Melinda Teixeira, 18, was arrested as well as three other people. She is being charged with possession of heroin with intent to distribute, being present where heroin is kept and conspiracy to violate drug laws.

Three other 19-year-olds — Alexander Torres Jr., of Brockton, Jeschalie Jimenez, of Providence and Darius Jones of Taunton face various drug possession charges.

These young people now face very serious drug charges that can have a profound effect on their future. But remember, it is the prosecution’s job to prove the charges, not the other way around. A defendant doesn’t have to say anything before a jury because the charges must be proven beyond a reasonable doubt, not disproven.

There are defenses that must be considered for a person facing charges that are this serious. When the defendants are young and have a future ahead of them, the responsibility is even greater. Putting your faith in an experienced and aggressive Massachusetts criminal defense lawyer is the best course of action at the earliest possible stage in such cases.
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United States Supreme Court hears argument addressing whether GPS tracking violates the Fourth Amendment

November 17, 2011 | by Michael DelSignore

The United States Supreme Court heard arguments in a case raising the issue of whether GPS monitoring violates an individuals Fourth Amendment right to be free from unreasonable searches and seizures under the Constitution. The case is United States v. Antoine Jones, and the filings from the case can be found on the Scotus Blog.

The criminal defense lawyers in the case allege that Jones’ Fourth Amendment right to be free from unreasonable searches and seizures was violated when federal agents put a GPS tracking device on his car without his consent. The tracking resulted in the defendant being charged with federal drug charges. To read an excellent commentary on the case click here to read Shannon Bream’s Article for Fox News.

The case addressed the issue of whether a warrant must be obtained under the Fourth Amendment before the State can monitor someone through GPS surveillance. In the case, the police obtained a warrant to monitor the activity of defendant Jones; however, the warrant expired, meaning that no valid search warrant authorized the GPS monitoring. The federal agents in the case installed a GPS tracking device on the defendant’s car without his knowledge or consent.

Brawl in Taunton Broken Up By Off-Duty Police Officer results in Massachusetts Assault and Battery charges

November 15, 2011 | by Michael DelSignore

An off-duty Mansfield police officer was credited with breaking up a daylight brawl between three men who had tire irons and a knife, the Taunton Daily Gazette is reporting.

Self-defense is one of the most commonly acknowledged theories of defense portrayed on television criminal shows and in novels. But in assault and battery charges in Attleboro, can also be a legitimate defense. In this case, the presence of weapons will complicate the defense and will likely enhance the charges faced by the defendants.

If someone is attacked, either with fists or weapons, they have a right to defend themselves. If you are arrested, the skills of an experienced Massachusetts criminal defense lawyer can aid in explaining this to a jury. Too often, police just make an arrest, regardless of who is right or wrong at the scene.

When violent acts take place, police can sometimes have a tough time sorting out the pieces. If the victim and suspect are both pointing fingers at each other, it can be independent witnesses, video surveillance or even physical evidence that can point to the truth. A skilled lawyer can get to the bottom of the case.

In this case, according to the newspaper, Michael Dutra, 56, and John Carveiro, 48, allegedly told police they thought Reginald Jenkins, 44, had stolen $50 they accidentally dropped outside a package store. When they realized the money was missing, they remembered seeing Jenkins reach down in the parking lot and pick something up, the police report states.

They drove around hoping to spot Jenkins and they found him walking in a nearby parking lot a few blocks away. They allegedly both got tire irons from their pickup truck and began swinging at Jenkins. He also got a tire iron from the pickup truck and tried to defend himself, but was hit in the head and arm. He was also stabbed in his back by someone carrying a knife.

Police say that an off-duty police officer from Mansifled, Jeffrey Danner, was driving nearby and saw the brawl as it took place. Once Jenkins hit the ground, Danner pulled up, exited his vehicle, pulled out his badge and a handgun and ordered them to stay put.

Carveiro was charged with two counts of assault and battery with a dangerous weapon, two counts of carrying a dangerous weapon and one count of disorderly conduct.

Jenkins is charged with assault with a dangerous weapon, disturbing the peace and disorderly conduct. The newspaper didn’t have details of the charges Dutra faces.

In this case, according to the newspaper and police reports, it appears clear that Jenkins was the victim and yet he faces charges. Had the other two men not allegedly stopped to start the fight, he wouldn’t have been involved. And after they grabbed weapons, he would have been foolish to stand by and allow them to beat him.

One can only hope that Jenkins gets an experienced and dedicated Massachusetts criminal defense lawyer to straighten things out with the prosecution in order to avoid any long-term consequences as a result of these charges.
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Legislation requiring prosecutors to consent to a bench trial in response to the Boston Globe special OUI report would be unconstitutional

November 13, 2011 | by Michael DelSignore

In response to the Boston Globe Special Report on OUI bench trials in Massachusetts, the Globe reported that prosecutors are seeking legislation requiring prosecutors to consent to a bench trial. Assuming this report is accurate, this legislation would have to apply to every type of criminal case as legislation relating to criminal procedure cannot be crime specific. This legislation if proposed would be an unconstitutional violation of a defendant’s right to a fair trial under the Sixth Amendment.

The apparent aim of the legislation is to combat the perceived high rate of not guilty verdicts in Massachusetts OUI bench trials. This legislation would clearly be unconstitutional under the Sixth Amendment. The Sixth Amendment provides that a defendant in a criminal case enjoys certain rights: These rights include the right to a speedy trial and the defendant enjoys a right to a trial by jury. The use of the word “enjoys” in the Constitution provides strong textual support for the argument that a defendant can waive this right.

The right to a trial by jury was added to the Bill of Rights because the Framers of the Constitution feared that judges would not be impartial to defendants because their salary depended on the rule of the King. The original intent of the jury trial was to limit the power of Government and ensure that citizens judged citizens. The right to a jury trial is not Constitutionally required in all cases; in minor offense, with no possibility of jail time, there is no Constitutional right to a jury trial.

Comments on part II of Boston Globe’s special report on OUI bench trials

November 6, 2011 | by Michael DelSignore

The Boston Globe published its second of three installments on drunk driving bench trials in Massachusetts. The Globe claimed to have researched the number of not guilty verdicts from selected judges that were targeted by prosecutors and published statistics of their rate of not guilty verdicts. Click here to read Part II of the Globe’s special report. This special report focused primarily on Plymouth County OUI cases but also targeted many of the same judges criticized in the first part of its report. To read my Blog regarding Part I of the special report, you can click here.

The Globe’s article is clearly motivated to further the political agenda of prosecutors. An example of this is that the Globe was critical of one Taunton District Court judge who finds that the lack of video tape evidence can be used against the Commonwealth when determining whether the standard of proof beyond a reasonable doubt is satisfied. Instead, the Globe purports to adopt the reasoning of the State police that video is not used because it does not show the subtle signs of someone under the influence of alcohol.

While the Globe compared Massachusetts to other States in its rate of bench trial not guilty verdicts, the Globe did not consider that other police departments around the country routinely record not only the booking but have police cruiser camera. The suggestion that video should not be used because it may not be incriminating as the State police would like is clearly an attempt to keep relevant evidence from a judge or jury and keep control of the evidence in the hands of police officers. With video in OUI cases, there would be objective evidence, precluding officers from overstating and exaggerating conclusions that a motorist is under the influence of alcohol. Instead, without video, the only method to challenge an officer’s opinion is through cross examination.

Patriots Wide Receiver Edelman Charged with Sex Crime in Boston

November 5, 2011 | by Michael DelSignore

New England Patriots wide receiver and special teams member Julian Edelman appeared in Boston Municipal Court recently to address charges that he groped a woman on a dance floor, the Boston Herald reports.

A Boston sex crimes lawyer has seen how allegations that appear innocent on the surface can lead to serious charges and tough penalties against a defendant.

Sex crimes in Boston not only can include the possibility of jail or prison time and probation. If convicted, a defendant could be forced to register as a sex offender. This means their photo, address, identifying marks such as tattoos and other information will be displayed on state and national websites. They must notify law enforcement where they’re moving from and where they’re moving to. If they don’t, they can be charged again.

A sex crimes conviction in Boston follows a person for life unless it is fought vigorously in the court system. Sadly, athletes and celebrities can sometimes be victimized because of their fame.

In Edelman’s case, he pleaded not guilty to a charge of indecent assault and battery. He is accused of reaching up a woman’s Halloween costume on the dance floor of a Back Bay nightclub.

A male witness said he watched the woman’s expression change on her face to “shock” after the player allegedly “grabbed her vagina,” a police report states. After the male witness threatened to “beat up” Edelman, he and the woman were kicked out of the club. Edelman was eventually removed from the club, but denied the allegations to police.

WEEI reports that Edelman said nothing during his initial court appearance. He was released on his own recognizance and ordered to stay away from the club and the alleged victim.

Edelman is a third-year player who was drafted in 2009 out of Kent State University. This season, he has three catches for 25 yards and 47 catches for 470 yards in his career. He has played mainly special teams for the Patriots this season, also returning kicks.

This appears to be a case of what will amount to a he said/she said situation, although there appears to be a witness who will testify for the state as well. It’s unclear whether the woman was flirting with Edelman before the alleged incident or if they were dancing close to each other before this allegedly happened.

Alcohol can sometimes be a factor and police must address that when they are called to a scene. If a person claiming to be a victim has been affected by alcohol and a night of drinking, investigators must consider that in deciding to file charges and it could influence a jury’s evaluation of the credibility of witnesses. This is common in cases of alleged domestic violence in Boston. When police arrive at a house, they sometimes assume the person considered the victim is telling the truth and the accused is lying.

But with sex crimes, the consequences are much more severe. Possible penalties are steep and the long-term impacts are great. Such charges must be fought aggressively.
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Bridgewater College Students Accused of Operating Drug Ring

November 2, 2011 | by Michael DelSignore

The Enterprise News is reporting that four Bridgewater State students, two of whom are football players, are accused of operating a “drug house” operation off-campus.

Drug crimes in Bridgewater and throughout Massachusetts are serious charges as the government continues its war on drugs. Lawmakers have continually made penalties more extreme and in drug cases, police and prosecutors can often tack on many charges for a single episode.

In situations where investigators accuse people of operating a criminal enterprise out of their homes, Massachusetts criminal defense attorneys will look at fighting the legality of the search warrant. A search warrant is obtained by police officers and signed by a judge when they believe they have proof that a crime is going on inside a person’s house or business.

While detectives may be able to obtain a search warrant, take evidence from a house and file criminal charges, success in challenging a search warrant often leads to a reduction or dismissal of charges.

If detectives misled the judge who signed the warrant by providing false facts or if they didn’t quite know what they had at the time, a trial judge can nix the search warrant after the fact, which typically eliminates the evidence that was collected.

This is another reason to never make statements or admissions to police, as you never know what evidence will be in play at trial. If evidence is suppressed after motions by a defense attorney, but the defendant confessed, the prosecution could still attempt to go to trial. If there is no statement and no evidence, there is no case.

In the Bridgewater State case, Patrick McGirr, 20, of East Longmeadow, Tyler Trainor, 21, of Saugus, Eric Eldred, 21, of Methuen and Bradley Head, 21, of Ashby, were arrested. The state believes McGirr was the “ringleader” and he was held on $25,000 bail after an arraignment in Brockton District Court. Bail for the others was between $1,5000 and $2,500.

Police have alleged the group was selling drugs such as marijuana to cocaine and Perc30 out of their off-campus apartment. Police said they investigated for the last month before making the arrests.

Investigators stopped McGirr’s vehicle recently after obtaining a search warrant for it. Detectives said they found one ounce of marijuana and 10 Oxycodone pills inside a hidden compartment. Police then searched the apartment and allegedly found cocaine, Oxycodone pills, marijuana, $7,000, a heat sealer, digital scale and other evidence the police believe were related to drug dealing.

The news article doesn’t state why detectives searched the home after searching the vehicle. The Easton Journal reports that detectives had a search warrant for the apartment as well. The arrests were made by the WEB Task Force run by officers from Bridgewater, Bridgewater State University, East Bridgewater, West Bridgewater and Whitman.
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