Boston Criminal Lawyers Blog

Boston City Workers Charged With Massachusetts Drug Crimes

Published on: May 22, 2012 | by Lefteris K. Travayiakis, Esq.

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.

Massachusetts’ Armed Career Criminal Sentencing Enhancement

Published on: May 16, 2012 | by Lefteris K. Travayiakis, Esq.

Enacted in 1998, the Massachusetts Armed Career Criminal Statute, M.G.L. c. 269, section 10G, otherwise known as “ACC”, imposes enhanced penalties for persons previously convicted of a “violent crime” or a “serious drug offense.”

Depending on the number of prior convictions that might form the basis of an ACC enhanced indictment, a person may be indicted as an armed career criminal as a level 1, 2 or 3. ACC Level 1 provides for an additional punishment of a minimum-mandatory sentence of 3 to 15 years; Level 2 provides for 10-15 years; and Level 3 provides for a 15-20 year sentence to state prison.

But what “violent crime” is sufficient to form a basis of an enhance Armed Career Criminal indictment?

Massachusetts Man Charged with Manslaughter In Brother-In-Law’s Death

Published on: May 11, 2012 | by Lefteris K. Travayiakis, Esq.

A Cohasset man was arrested for Massachusetts Murder Charges following the family brawl that ended in the death of his brother-in-law. The man was arraigned in Quincy District Court earlier this week and charged with Manslaughter.

According to the Norfolk County District Attorney’s Office, Cohasset police responded to the defendant’s home and found him to be unresponsive. The victim’s father told police that family were celebrating the man’s birthday when he became loud and began swearing. One witness told police that the victim had gone into a rage and had hit someone over the head with a chair.

The defendant allegedly tried to calm him and the two began fighting, eventually putting the victim in a headlock. When the defendant released him, the victim was motionless and unresponsive.

Massachusetts Court Rules Antique Guns Exempt from Criminal Statute

Published on: May 3, 2012 | by Lefteris K. Travayiakis, Esq.

In the recent case of Commonwealth v. Leslie Burton-Brown, the Massachusetts Supreme Judicial Court considered the issue of whether a gun, manufactured before 1900, were unlawful to own/possess under the Massachusetts’ Gun Crimes Laws.

After a jury trial, the defendant was convicted of Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, and Unlawful Possession of a Loaded Firearm. In his appeal, the defendant asserted that his convictions should be overturned because the gun at issue was manufactured before 1900, and under the law as written, he could lawfully possess the firearm with having been issued a license to carry.

Under the statute which criminalized the possession of a firearm without a license, the language further reads that the “…provisions of the [statute] shall not apply to…any firearms, rifle, or shotgun manufactured in or prior to the year 1899.”

Boston Man Arrested for Drug Trafficking Charges in Braintree

Published on: April 3, 2012 | by Lefteris K. Travayiakis, Esq.

A Boston man and woman from Dedham were arrested by Braintree Police Officers this yesterday on Massachusetts Drug Crimes Charges in what police are calling a “month-long investigation.”

Aris W. Veras, 35, of Boston, and Luz M. Cepeda, 29, of Dedham, have both been charged with Drug Trafficking, Distribution of Heroin and Cocaine, and Possession with Intent to Distribute Drugs.

According to the Braintree Police, search warrants were executed for two cars and a home in Dedham when an undercover police officer allegedly purchased drugs from Veras and Cepeda. Following the alleged transaction to the undercover police officer, both were arrested on drug charges.

US Supreme Court Considers Constitutionality of Life Sentences for Youthful Offenders

Published on: March 20, 2012 | by Lefteris K. Travayiakis, Esq.

The United States Supreme Court today heard arguments in the cases of Jackson v. Hobbs and Miller v. Alabama on the issue of whether it constitutes cruel and unusual punishment, in violation of the 8th Amendment, to sentence a youthful offender to life without the possibility of parole. The decision result in a change to Massachusetts law, which currently allows for juvenile life sentences without parole.

By way of background, the court has previously ruled against similar punishments for youth and adult offenders in the past. In 2005, the Court prohibited the imposition of the death penalty for any minor convicted of murder in the case of Roper v. Simmons. Then, in 2010, in the case of Graham v. Florida, the Supreme Court prohibited the imposition of a life without the possibility of parole sentence for a minor who committed any crime other than murder.

In both of those cases, the Supreme Court ruled that, due to the immaturity of youthful judgment and moral sense, those punishments were unconstitutional and therefore a form of cruel and unusual punishment in violation of the 8th Amendment. With those cases as a backdrop, attorneys are urging the court to rule that a sentence of life without parole for the crime of murder is also too severe and unconstitutional.

Boston Man Arraigned for 2011 Jamaica Plain Murder

Published on: March 7, 2012 | by Lefteris K. Travayiakis, Esq.

A 22 year old from Roslindale was arraigned yesterday on Massachusetts Murder Charges in connection with the stabbing death of Kenneth Soto, 19, in October 2011.

The defendant, Hector Soto, was arraigned in the West Roxbury Division of the Boston Municipal Court on First Degree Murder Charges.

According to the Suffolk County D.A.’s Office, prosecutors allege that Hector Soto and Kenneth Soto were in separate vehicles with respective friends in the 7-11 parking lot on Centre Street in Jamaica Plain. As Kenneth Soto exited the store, Hector Soto allegedly approached him the two engaged in a fight that resulted in the stabbing death of Kenneth Soto.

Cambridge Security Guard Indicted on Rape Charges

Published on: March 6, 2012 | by Lefteris K. Travayiakis, Esq.

A Cambrdige security guard was indicted by a Middlesex Grand Jury on several Massachusetts Sex Crimes Charges last week.

The security guard, who is reportedly from Hyde Park, has been indicted on sex charges including Assault with Intent to Rape and Indecent Assault and Battery. He is scheduled to be arraigned in Middlesex Superior Court tomorrow.

According to the Middlesex County District Attorney’s Office, Cambridgeside Galleria police responded to a woman crying for help at 2:00 a.m. on November 11. A review of surveillance video reportedly shows the security guard from Hyde Park escorting a woman around the rear mall entrance to the Cambridgeside Galleria from Thorndike Street. At that point, the man allegedly grabbed the woman, forced himself on her and allegedly sexually assaulted her. The woman was reportedly able to walk away to a nearby hotel where she called for help.

Newton Teacher Indicted on Additional Sex Crimes Charges

Published on: March 1, 2012 | by Lefteris K. Travayiakis, Esq.

The Newton Public School teacher who has already been indicted by a Middlesex County Grand Jury on Massachusetts Sex Crime Charges, has now also been indicted by a Suffolk County Grand Jury on additional sexual assault charges, including Aggravated Assault & Battery on a Child Under 14.

The new charges against the former Newton second-grade elementary school teacher at the Underwood School, David Ettlinger, seem to have arisen from the discovery of files of his computer and from search warrants conducted following his initial arrest.

The Suffolk County District Attorney’s Office also revealed the discovery of additional photographs that aren’t ‘pornographic’, but have rather termed them as ‘troubling.’ The photos allegedly depict children playing the playground and on school grounds. Notably, however, Ettlinger did also make an annual video tutorial and photo collage for parents during his tenure at the school, which could also explain these other photographs.

Boston Man Charged with Murder in Roxbury Shooting Death

Published on: February 28, 2012 | by Lefteris K. Travayiakis, Esq.

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.