Boston Criminal Lawyers Blog

Massachusetts Judges May Not Impose GPS Monitoring Without Justification

Published on: August 19, 2011 | by Lefteris K. Travayiakis, Esq.

In a recent case, the Massachusetts Supreme Judicial Court decided that GPS monitoring or similar devices may not be added to a probationer as an additional condition of probation without a violation of probation where there is no material change to the defendant’s circumstances.

In the Massachusetts court, probation is a legal resolution of a case that allows the defendant to be released, without incarceration, on the condition that he complies with certain conditions imposed by the sentencing judge. If, however, the defendant violates any of those conditions of probation, a judge may then revoke his probation and commit that person for up to the maximum sentence on the charge for which he was placed on probation.

Where, however, the defendant on probation has complied with his conditions of probation, a judge is then limited with modifying the terms and conditions of the persons probation [without a violation].

Proposed Bill Would Require Massachusetts to Register Online Screen Names

Published on: August 17, 2011 | by Lefteris K. Travayiakis, Esq.

A recent effort from Massachusetts state legislators and District Attorney’s Offices would put into law a bill that would require sex offenders to register their online names, including e-mail addresses, as well as their accounts on Twitter, Facebook and the like.

The proposed bill would apply to Level 3 Massachusetts Sex Offenders and is being anticipated to being heard later this month. Under the proposal, a failure to register online aliases would be a criminal offense, subjecting the offender to jail time.

The reasoning behind the proposal, according to those sponsoring the bill, is to provide law enforcement with another method of policing those sex offender deemed most ‘dangerous’ and likely to offend by the Massachusetts Sex Offender Registry Board.

Massachusetts Sex Offenders Get Favorable Court Ruling

Published on: August 15, 2011 | by Lefteris K. Travayiakis, Esq.

The Massachusetts Supreme Judicial Court recently decided the case of John Doe vs. Police Commissioner of Boston, ruling on the issue of whether a 2006 state law barring sex offenders from living in nursing homes or similar long term care facilities was constitutional. The Court ruled that it was not.

By way of background, the 2006 law passed by the Massachusetts state legislature barred Level 3 Sex Offenders from living in nursing homes, infirmaries or other homes for the elderly or developmentally disabled. Sex offenders who lived in such facilities in violation of the law were then punished with imprisonment, ranging from 30 days up to 5 years for subsequent violations.

In this case, “John Doe” had been previously convicted of Massachusetts Sex Crimes, and the Sex Offender Registry Board argued that, even at his age of 65, his criminal history and suggested a “high risk of re-offense and high degree of danger.”

Brighton Man Arrested for Murder After Standoff with Boston Police

Published on: August 11, 2011 | by Lefteris K. Travayiakis, Esq.

Randy Moore, 54, was arraigned this morning in Brighton District Court on Massachusetts Murder Charges following the shooting of his 76 year old neighbor and standoff with Boston Police. Moore was charged with First Degree Murder and Armed Assault with Intent to Murder.

According to the Suffolk County District Attorney’s Office, Randy Moore allegedly shot his 76 year old neighbor at 10:30 yesterday morning at the John J. Carroll Housing Development in Brighton where the two men lived. When Boston Police responded to the scene, Moore had reportedly barricaded himself in the building. He eventually surrendered, but not before allegedly also firing shots at responding Boston Police Officers and EMT’s who were on scene.

At this time, Boston Police have not revealed any apparent motive for the shooting, and are unclear if Randy Moore even knew the victim.

Quincy Bartender Arrested for Drug Distribution

Published on: August 9, 2011 | by Lefteris K. Travayiakis, Esq.

Emily McCarthy, a bartender at Paddy Barry’s Bar in Quincy, was arrested last week on Massachusetts Drug Charges after she allegedly sold pills during her shift. She was arraigned in Quincy District Court on the charge of Possession with Intent to Distribute Drugs.

According to the Quincy Police Department, an officer working a detail on Hancock Street allegedly observed Emily McCarthy engage in a suspect drug transaction with a truck that had pulled up to the bar. Although the officer apparently admitted not seeing what, specifically, was exchanged, based on his ‘training and experience’, he believed that a drug sale had just occurred.

After the truck left, the officer requested other officers to stop the truck and during questioning about the meeting with McCarthy, the driver, John Saturno of Milton, allegedly told police that he had lent McCarthy $40. The Quincy Police, however, searched the truck and allegedly seized 100 pills of Gabapentin. Meanwhile, Emily McCarthy was approached by officers as well. She was searched and from her person police allegedly seized 12 oxycodone pills.

Taunton Man Arraigned for ‘Hit and Run’ That Left Teen Dead

Published on: August 8, 2011 | by Lefteris K. Travayiakis, Esq.

Paul Baran was arraigned this morning in Taunton District Court on Massachusetts Motor Vehicle Crimes for allegedly striking and killing a teenager riding his skateboard last week. Baran was a charged with Leaving the Scene of an Accident After Causing Death.

According to prosecutors, Paul Baran allegedly left the scene of the accident after he struck teenager Nicholas Silva-Thomas in Tauton, who was riding his skateboard with friends near Watson Pond last Thursday night.

At his arraignment, prosecutors represented that ‘a tip’ led the police to focus their investigation on Baran. Prosecutors argued that the police investigation revealed that Baran’s vehicle was missing its windshield, and there was visible damage to the front end of his car.

Boston Police Arrest Two on Gun Crimes Charges in Dorchester

Published on: August 6, 2011 | by Lefteris K. Travayiakis, Esq.

Ashawda Nelson, 19, and Noccokawon Pledger-Grant, 21, both of Dorchester, were arrested this past week on Massachusetts Gun Charges following a ‘shots fired’ report. Both men where charged with Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, Carrying a Loaded Firearm, and Discharging a Firearm with 500 feet of a Dwelling.

According to the Boston Police Department, officers responded to the area of Auckland Street in Dorchester on a report of shots having been fired. The two men were reportedly observed running in the direction of the Savin Hill MBTA Station when they were apprehended. During a search of one of the men, a firearm was allegedly recovered on his person.

Despite that a gun was reportedly seized from one of the men, this strength of the prosecutions case against these men will rise and fall on whether the officers had sufficient probable to immediately arrest these men. In similar types of cases, the police will inevitably rely on witness reports and the purported identification of the men. In circumstances where the description of the purported suspects is in question, the defense may have ample grounds to challenge the constitutionality of their arrest by litigating a Motion to Suppress Evidence.

Massachusetts Prison Linked to 1989 Murder-Rape of Boston Woman

Published on: August 5, 2011 | by Lefteris K. Travayiakis, Esq.

Charles Brook, Jr., 66, was recently indicted by the Suffolk County District Attorney’s Office on Massachusetts Sex Crimes and Murder Charges in connection with the 1989 Rape and killing of an 87 Boston woman.

At his arraignment in Boston’s Suffolk Superior Court, prosecutors claimed that Charles Brook allegedly sexually assaulted and strangled Zahia Salem, then 87, on November 30, 1989. Her body was found a few hours later by her downstairs neighbor. No person was charged with the crime, until Boston Police were reportedly able to match Charles Brook’s DNA profile that was complied from a cigarette that was found at the scene.

Massachusetts law requires that every person convicted of a felony crime must submit their DNA sample to the state’s DNA database. Because DNA technology wasn’t advanced or even available years back, police departments across Massachusetts and the county are taking advantage of DNA database to link purported DNA profiles to unsolved cases.

Lawrence Man Arrested for Assaulting & Blinding Infant Son

Published on: August 4, 2011 | by Lefteris K. Travayiakis, Esq.

Emanuel Quadros, 32, was arrested this past Tuesday on Massachusetts Domestic Violence Charges after he allegedly assaulted his 3 week old infant son. Quadros was charged with Aggravated Assault & Battery, Causing Serious Injuries.

According to the Lawrence Police Department, Emanuel Quadros allegedly admitted to striking and injuring his infant son last May, which left the child with broken ribs and permanent brain injuries resulting in blindness and possible confinement to a wheelchair.

Quadros was arraigned yesterday in Lawrence District Court and held on $75,000 cash bail.

Boston Woman Charged With Assault & Battery on 2 Year Old Child

Published on: August 3, 2011 | by Lefteris K. Travayiakis, Esq.

Erica Ryan was arrested yesterday on Massachusetts Violent Crimes Charges after she allegedly punched her two year old son on an MBTA bus. She was arraigned this morning in the Roxbury Division of the Boston Municipal Court on the charge of Aggravated Assault & Battery.

According to MBTA Police and the Suffolk County District Attorney’s Office, Erica Ryan was on an MBTA in Roxbury with her 2 year old son yesterday afternoon. After the child refused to eat what Ryan was attempting to feed him, Ryan allegedly punched the child in the mouth with a closed fist. Witnesses on the bus described Ryan as allegedly winding up and punching the child in the face with full force, causing the child’s head to snap back into the stroller. Police officers who arrived on scene reportedly observed dried blood on the child’s mouth.

After the alleged assault, Erica Ryan reportedly tried to get off the bus with the baby, but was confronted by other passenger who had witnesses the incident. The bus driver called the police and the other passengers held Ryan at bay until the police arrived. Suffolk County prosecutors represented that the incident was recorded on the bus’ surveillance system.