Boston Criminal Defense Lawyer Blog

Massachusetts Supreme Judicial Court Affirms Lower Sentence in Case Affected by Change in Mandatory Minimum Sentence Law

Published on: November 26, 2013 | by Patrick J. Murphy, Esq.

The Supreme Judicial Court of Massachusetts recently reached a decision regarding the application of mandatory minimum sentences to defendants who are caught in the middle of sentence reduction law changes.In the case, Commonwealth v. Galvin, Mass: Supreme Judicial Court 2013, the court examined the case of a defendant who was caught in the middle of changes made to G.L. c. 94C, § 32A (d) (§ 32A [d]), which was reduced effective August 2, 2012.

In the case, the defendant had allegedly committed the offense prior to the date that the law changed, but both his conviction and sentencing occurred after the change. The affect of the law was to lower the mandatory minimum sentence from five to 3 1/2 years.
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Massachusetts Supreme Judicial Court Decision Strikes Officer Testimony in OUI Cases

Published on: November 21, 2013 | by Patrick J. Murphy, Esq.

The Supreme Judicial Court issued an opinion earlier this month, that held the common practice of eliciting opinion testimony from police officers regarding impairment in OUI cases is not permissible as evidence.This case is noteworthy, because in practice, many prosecutors have developed a habit of simply asking officers their opinion regarding whether a driver was impaired at the time of the arrest, which the court held is a legal issue upon which a lay witness is not qualified to speak.

The case involved the stop of a driver in 2009. In addition to recanting facts regarding the circumstances of the driver’s field sobriety tests, the prosecutor asked the officer whether he had formed any opinions regarding the driver’s sobriety. To this, the officer replied, “I believed that his ability to drive was diminished.” This is testimony that the court held was impermissible, as it comes close to an opinion on the ultimate issue of guilt or innocence, in this case the standard for the OUI charge is whether “the defendant’s consumption of alcohol diminished the defendant’s ability to operate a motor vehicle safely.” Therefore, due to the well established law that “[n]o witness, including a police witness, may testify as to a defendant’s guilt or innocence,” this type of testimony is not allowed.
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Arrest Made in Connection with Cambridge Break-ins

Published on: November 14, 2013 | by Patrick J. Murphy, Esq.

Cambridge police recently announced that they had made an arrest of a Boston man who was wanted on charges relating to two break-ins in Cambridge.State police and members of a U.S. Marshals task force seized cocaine, bath salts, oxycodone and more than $8,000 in cash. The man was arrested pursuant to an arrest warrant for the housebreaks.

In addition to the charges stemming from the warrant, the man was also charged with two counts of possession of a class B drug and trafficking of cocaine. These charges were based on police stating that they seized 18 grams of cocaine, nine ounces of “bath salts,” and 38 grams of oxycodone pills that had been packaged for distribution pursuant to the arrest. Police also reportedly seized drug paraphernalia, items believed to have been taken during break-ins, and more than $8,000 in cash.
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Freetown Police Make Arrest After Finding Marijuana at Car Dealership

Published on: November 6, 2013 | by Patrick J. Murphy, Esq.

Freetown police responded to an alarm that was set off inside of a GM car dealership at 12:44 a.m. Saturday, and instead of encountering the potential intruders, discovered some 31 pounds of marijuana.When officers first arrived, they said they saw an open door, through which they entered, sweeping the store for intruders. While inside the dealership, officers noticed several large plastic bags on a shelf and bookcase, all of which contained marijuana.

Police then secured the building while one detective obtained a search warrant. The officers then seized the marijuana, and a camera system. After reviewing the video footage, officers saw two intruders, which they say can be seen running from the scene, carrying no items. Police questioned and then later arrested the owner of the dealership whom they suspect intended to distribute the drugs.
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Massachusetts Motorcyclist Arrested for Reckless Driving

Published on: October 24, 2013 | by Patrick J. Murphy, Esq.

Massachusetts State Police announced that an arrest has been made in the case of a motorcyclist believed to have been traveling on highways around the greater Boston area at speeds in excess of 100 MPH, and using the breakdown lanes in order to evade police for several weeks.The 29 year old motorcyclist was recently arraigned on various charges, including reckless driving and speeding. An arrest was made on Tuesday morning, after the motorcyclist was found allegedly hiding behind a tractor-trailer in a parking lot in Randolph, just minutes after he was seen speeding along Route 24, where he was also reportedly making sudden lane changes, traveling in the median, and traveling south in a northbound lane.

A State Trooper reported that on a prior occasion, when he activated his lights, the driver flipped down his clear visor, and sped off at approximately 100 miles per hour. The motorcycle on which the man was riding had no license plates, and his helmet obscured his features. Another trooper reported a similar exchange, whereby the man reportedly took off onto the sidewalk, and then down the wrong side of the road. State Police reportedly posted information regarding the wanted motorcyclist on Facebook and Twitter, which led to a trucker informing police when he saw the motorcyclist behind his tractor trailer.
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Winthrop Auxiliary Police Officer Arrested on Drug Charges

Published on: October 17, 2013 | by Patrick J. Murphy, Esq.

A Winthrop auxiliary police officer was arrested earlier this month on suspicion of dealing drugs while on duty.

According to sources, the suspect sold cocaine not only from his police car, but while he was parked within a school zone, amongst other locations. Federal law enforcement officials reportedly followed him for six months, following a tip from a local police department.

The man was reportedly an unpaid volunteer auxiliary police officer for a year and a half prior to his arrest.
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Several Arrests Following Housing Rights Demonstration

Published on: October 10, 2013 | by Patrick J. Murphy, Esq.

A group of several housing activists blocked the entrance to Boston’s Municipal Court building last week, resulting in several arrests. The act of civil disobedience was intended to evoke a change in fair housing policies and practices.According to sources, it was the third time in four weeks that protesters have been arrested outside the Municipal Court building downtown, demonstrating against what are known as no-fault evictions. According to some of the participants, the acts were intended to bring awareness to situations involving individuals among them who are currently, “fighting eviction, condo-ization, or raising [of] rent.”

One of the men arrested was a nearly 85 year old housing rights activist, who was shortly thereafter arraigned and charged with disorderly conduct. Following the arraignment, the judge and attorneys said that the criminal charges were reportedly to be converted to civil charges.
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Dunkin’ Donuts Robbery Believed to be Man’s 18th Incident

Published on: October 2, 2013 | by Patrick J. Murphy, Esq.

Newton police were called to the Dunkin’ Donuts on Needham Street this week for a reported robbery. Law enforcement believe the latest incident may be the 18th for the same individual.Witnesses say the thief entered the location through the back door and was holding a pistol. He then reportedly told workers to get onto the floor, and that he would shoot them if they tried anything. The man then reportedly took money out of the register and the box near the register where workers store larger bills, and thereafter left store.

Police say the gunman was wearing all black, including his clothing and mask. The same location was purportedly targeted previously in July. Law enforcement believes that the same man has targeted at least 18 Dunkin’ Donuts stores in the last several months in eastern Massachusetts and New Hampshire. An investigation remains ongoing.
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Second Arrest Made in Vehicular Homicide of Two Massachusetts Women

Published on: September 26, 2013 | by Patrick J. Murphy, Esq.

Authorities in New Hampshire announced a surprising second arrest in connection with the case of a New Hampshire teenager who was recently charged with killing two Massachusetts women on bicycles.The 19 year old teenage girl was arraigned this week on charges of negligent homicide and second-degree assault. However, police announced that they made an additional arrest, of a 48 year old woman, who was subsequently charged with providing drugs to the teenager on the morning of the crash, and for also allegedly allowing the girl to drive without a license. Her official charges included selling a controlled substance and an offense of allowing an improper person to operate a vehicle. The relationship between the two women is unknown at this point in time.

The teen involved in the crash was reportedly traveling at very fast speeds, and claims that she took her eyes off of the road for just seconds, resulting in the fatal striking of the two bicyclists. Two others were seriously injured. The probable cause hearing for her case is tentatively scheduled to take place on October 8.
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Man Released Due to Dookhan Controversy Re-Arrested

Published on: September 19, 2013 | by Patrick J. Murphy, Esq.

A Quincy man who was recently released due to the controversy in processing criminal evidence by chemist Annie Dookhan, was re-arrested over the weekend along with another suspect, according to the Suffolk County District Attorney.

Police initially pulled over the vehicle due to its expired inspection sticker. They discovered that the driver was operating without a license. During a subsequent routine inventory search of the vehicle, police allegedly found a stolen 9mm loaded handgun.

The 27 year old driver was subsequently charged with receiving stolen property over $250, unlawful possession of a firearm, unlawful possession of ammunition, operating a motor vehicle with a suspended license, and driving without an inspection sticker. He additionally faces charges as a Level II armed career criminal, based on separate convictions in 2006 for distribution of a Class B substance and possession with intent to distribute a Class B substance. The charges against the 31 year old recently released man were not reported.
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