Articles Posted in Violent Crimes

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On Wednesday, October 15 Max Bickford was riding a moped in downtown Boston when all of the sudden a plainclothes police officer chased a suspect into the street in front of him. The suspect was arrested stopping traffic. Bickford took out his cell phone and began to videotape the arrest. The officer told him to move out of the way which he did. In the video the officer is then seen grabbing Beckford’s phone and this is where the video ends. Bickford states that the officer then threw the phone on the ground breaking the face of it. He was placed in handcuffs and thrown to the ground himself. He was eventually released and given back his broken cell phone.

Bickford called the police station to lodge a complaint and was told by the lieutenant that the officer believed there may have been evidence on the cell phone. It is not illegal to videotape an arrest made in public. The police need a search warrant to seize and look into phones content.

The Boston police, as well as all police departments all over the country, need to start to get used to the idea that they can and will be videotaped in the performance of their duties in public. Large cities such as London have video cameras set up throughout the whole city which allows for surveillance from a main headquarters to provide Public Safety and evidence. It is about time that the police begin to use video surveillance to their own advantage. Many crimes have no witnesses but yet can’t be solved through surveillance video of a public area.

Some police departments are experimenting with police worn video cameras on their chest which records video and audio of the officer performing his duties.
This can provide evidence for the police and identification of the suspect; this can only help prove a criminal case. It will also keep the police honest. If the police truly want to avoid continuous complaints of police brutality or
mistreatment of civilians on the street by abusive police officers then why not agree to videotape their interactions with the public?

Video surveillance should become commonplace, it will help the police with their gathering of evidence and it will keep them honest in their dealings with the public in that any abusive behavior by rogue police officers will be captured on tape and can be used to get them off the force. Many fear the video surveillance of public areas may encroach upon a right to privacy. I am not advocating for video cameras to be placed in private areas or a position in which they encroach on anyone’s privacy. People who are in public areas such as streets or parks should expect that their behavior may be recorded. This can only help in protecting our streets. We can learn a lot from cities with advanced technology already in place such as London.

This will help cut down on the police over reaching their boundaries and violating people’s rights and will provide evidence of whether true probable cause exists for an arrest.

Right now police type up a police report with their version of the events and probable cause as to their actions without any evidence of what really took place on the street. A suspect is left to tell his side at a trial after having been arrested charged and gone through a lengthy court process waiting for his trial date in court. Rather than allow for a suspect to face criminal charges based solely on a version of events in a police report why not use video surveillance which is now affordable and in the form which can easily be used. All interviews of suspects should be audio taped yet they are still routinely not. Suspects give statements which are misconstrued and written in a report skewing what was truly said. Video capabilities are inexpensive and can be used by police departments without any consequence other than making themselves accountable for their actions.

Frank Fernandez is a criminal lawyer in Boston who serves all of Massachusetts.

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Boston Municipal Court client is charged with possession with intent to distribute marijuana and possession of a firearm without a license. The possession of a firearm without a license charge carries a mandatory minimum 18 months House of corrections sentence.

Facts of the case are that client goes to a friend’s home with a backpack with a couple small bags of marijuana in the backpack as well as a weight scale. While the client is charging his phone in the upstairs bedroom of his friends home two cousins of his friend come running back into the home stating that the police are on their way.

One of them stated that the gun jammed on him. Police arrive on the scene,
the client in fear that he will be caught with his backpack with the marijuana and scale shuts the door to the home. All others are outside of the house at this point. The police draw their attention to the home and eventually are allowed in and search, Clients backpack is found in the upstairs bedroom along with his phone charging, a gun is found under the mattress.

Client received a continuance without a finding related to the marijuana charge.
A continuance without a finding is when a client makes an admission to a charge waving his rights to trial but yet a judge does not find him guilty but rather continues the matter without any finding for a period of time, usually about a year. As long as there are no new charges or incidents the case is dismissed after the year.
It is an alternative disposition which avoids a conviction and is usually only offered to first-time offenders on non-violent type offenses.

A Jury trial took place related to the firearm charge, the client had made a statement to the police denying any knowledge that the gun was in the home and relaying what he had heard the others say when entering the home. The jury found client not guilty to possession of the firearm. The client’s recorded statement to the police only hours after the incident was very powerful evidence for the jury. He was very clear and gave detailed descriptions as to what took place when the two others came running back to the home. The client did not testify at trial but rather spoke to the jury through his recorded statement at the time of his arrest.

There was just not enough evidence tying the client to the firearm in that his statement made it clear that his behavior was related to his fear of being found with marijuana and the scale in his backpack and had nothing to do with a firearm.

It is unusual to have such a helpful recorded statement after an arrest, usually it is best to remain silent if what you say may in anyway incriminate you.

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A Northeastern University student reported an attack in the early morning of Thursday while walking on Huntington Avenue. Northeastern police report that the student was grabbed by her neck and the assailant attempt to drag her down an alley on the 500 block of Huntington Avenue near the Wentworth Institute of technology. The young student began to scream which drew the attention of nearby security officers which caused the assailant to run from the scene. The suspect is described as a black male in his 20s 6’2″ approximately 180 pounds.

As a criminal lawyer in Boston it is this time of year when university students return to the city that there is an uptick in assaults and sexual assault type crimes. Any students who are new to the area should be extra cautious especially late at night. Many areas of the city can be dangerous it is important to become familiar with your surroundings and your new neighborhood before venturing out alone late at night.

Having defended many accused of both assault and sexual assaults it is common for them to prey on people who walk alone or who are distracted by looking at their phones.

If attacked a person should call out for help, as this student did, and try to distance themselves from the assailant and find a place where others might be. It is also smart to walk with your keys in your hand to use as some form of defense if someone attacks you by surprise.

Newly arrived university students should also be aware that the police are cracking down on noise level complaints and parties. The city of Boston has a high population of working residents who frown on loud late night parties. It is not uncommon for the police to set a tone early in the semester by making an example by arresting those tenants who were having late night parties at the beginning of the semester.

Frank Fernandez has represented many students charged with noise violations,
parties and underage drinking. It is important to try to protect a young student’s criminal record so they will not have to answer to these types of charges for the rest of their lives when applying for employment or graduate studies.

Cases handled on behalf of University Students have ranged from: drug possession, sexual assault, underage drinking, assault and battery as well as disciplinary proceedings brought by the University Disciplinary Committee. It is important to find a criminal lawyer in Boston who will make sure to protect your criminal record as much as possible. It is important to keep your record clean to avoid having to answer for an event that occurred one night in college for the rest of your lives.

For a free consultation related to any university type violations or if a
Student is charged criminally please call 617-393-0250 or visit

Employers and graduate schools will ask about your criminal history on applications, it is important to be able to answer those questions related to criminal convictions in the negative. Speak with a criminal lawyer in Boston with experience in protecting university student’s criminal records.

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A Suffolk County Grand Jury decided not to indict a truck driver, Ricky Prezioso, 41,
who was initially charged with leaving the scene of an accident that caused the death of a bicyclist. The accident occurred in Charlestown on Cambridge Street where a bicyclist traveling in the bike lane was struck by the back of a trash truck at a corner while the truck was taking a turn. The truck driver claims not to have seen the biker and claims that he thought the impact was a pothole that he must have run over.

Although initially charged by the police and the prosecutor in Charlestown district court, for a case to be indicted, which then allows the case to go to Superior Court, it either must be true billed by a grand jury or through a probable cause hearing in court in which a judge finds probable cause to believe that a crime has been committed.

Probable cause hearings are very rare in Massachusetts, the prosecutors do not wish to present testimony and face cross-examination in such an early stage in their case. Most cases that are brought to Superior Court go the route of being indicted by grand jury; the grand jurys across the state are notoriously delayed and take a long time for cases to be processed. A backlog exists because this is the only manner in which the District Attorney’s Office takes cases to Superior Court.

The grand jury hears testimony from witnesses or police officers who summarize testimony, the defendant is not present nor is his attorney, only the prosecutor and the grand jurors are present and hear evidence. The grand jury then just must find probable cause to believe that a crime has been committed, this is a very low standard of proof, they are not deciding the guilt or innocence of a suspect but rather are used as a checks and balances to make sure that the person indicted, being charged, does in fact have some type of connection to the case and that a crime actually took place.

In this instance the grand jury must have found that the driver did not leave the scene of an accident knowing that he caused an accident or injury. Leaving the scene of the crash causing injury or death requires that the suspect charged have knowledge or intent to leave knowing that he has caused injury or death in an accident. At times a suspect may willingly offer his testimony at a grand jury. Many suspects testify in front of a grand jury when there is a defense or another side that the grand jury should hear in making their probable cause decision. Whether Prezioso testified in front of the grand jury is not known.

It is important to have a good defense attorney involved in your case as early as possible so that the decision whether to present testimony to a grand jury can be made.

Frank Fernandez is a criminal lawyer in Boston who is happy to help and offers free consultations for anyone with questions about criminal defense or grand jury investigations. To speak with a criminal attorney serving all of Massachusetts please call 617-393-0250.

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It is alleged that he ran into the woman early in the morning on his way home, she offered sex, they returned to his apartment, after having sex he noticed his computer was missing. He grabbed her bag and found that his computer was inside. At this point he grabbed a metal pipe and began to beat her about the head and body, he carried her outside and left her on the street. He’s charged with armed assault with intent to murder and aggravated assault and battery causing serious bodily injury.

Police say that he did admitted hitting the woman in the head with a pipe after confronting her about the computer. His defense attorney mentioned that he was under the influence of alcohol at the time. There is no mention of sex for a fee so it appears that they agreed consensually to go home with each other. It is when he noticed the laptop missing that he appears to have become violent. Her body was discovered around 4:30am today after neighbors heard her screaming for help on the street.

The Judge set bail at $100,000. The man has no prior record but since the beating was so severe he is charged with the intent to murder and was given a high bail.

When someone is beaten so severely the charge can turn from assault and battery with a dangerous weapon to assault with intent to murder. This all depends on the severity of the injury; the Commonwealth must prove the intent to murder. Aggravated assault and battery can also be upgraded and charged as causing serious bodily injury as here. The Commonwealth must show that there was serious bodily injury. Other types of upgrades to assault and battery are assault on an elderly person, assault on medical personnel or police, assault on a minor or a disabled person.

Frank Fernandez is a criminal lawyer in Boston who deals with all types of criminal cases including assault and battery and assault with intent to murder.
He practices in Boston, Chelsea and all over Massachusetts. He has handled serious matters in Suffolk Superior Court, Middlesex Superior Court, Boston Municipal Court, Chelsea District Court as well as other district and superior courts throughout Massachusetts. He also practices in Federal Court.
Please feel free to call for a free consultation on your case 617-393-0250 or visit his website at
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Lieut. Edward Walsh and firefighter Michael Kennedy were killed battling a large fire which started in the basement of a brownstone and spread quickly to the upper levels of the building.

The fire is still being investigated and cause at this time remains unknown. A large explosion occurred as the fire grew and high winds accelerated the spread of fire.

The building had eight separate apartments with the fire beginning in what appears to be the basement.

It will not be until the conclusion of the investigation that we have any idea as to the cause of this fire. At times it is very difficult to ascertain what may have been the cause or source of such a destructive blaze.

This is a stark reminder of how the men and women of the Boston fire Department and Police Department put their lives on the line every day for the people Boston.

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On December 17 female entered a secondhand clothing store and threatened the cashier with a syringe if she did not receive all the cash in the drawer.

This happened at a store called second time around located on Newbury Street.

On December 29 police officers spotted the woman who was suspected of having committed this robbery in the South End of Boston in the area of E. Berkeley St. and Shawmut Avenue. Her name is Sheila King and she now faces charges of armed robbery.

Armed robbery can be committed with more than just Gun. Any weapon which can cause harm if used during a robbery can lead to an armed robbery charge.

Frank Fernandez is a Boston criminal lawyer who has represented clients charged with armed robbery, receiving stolen property, larceny over $250 as well as a variety of other theft related charges.

To speak with a criminal attorney in Boston about your specific situation please call 617-393-0250 for a free consultation, please visit our website for more information

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On December 29, 2011 Salem Massachusetts a young couple was an argument while driving down Federal Street witnesses say the man began to beat his 18-year-old girlfriend in the car. When someone approached the vehicle to help the young woman tried to exit the car and got her legs stuck on the seat the driver took off dragging his girlfriend 400 feet down the road.

The woman eventually broke free the man drove over her left arm breaking it. Soon police found the woman with visible injuries on her face and road rash on her right side, her left arm was broken.

Salem police were able to identify the boyfriend is Daniel Rodriguez, 22, of Jamaica Plain Boston. They are currently trying to find him.

Frank Fernandez is a Boston criminal lawyer who handles assault and battery cases. Domestic assault and battery in Boston is a problem which is treated seriously by the police and the Commonwealth. If you’ve been the victim were charged with assault and battery, domestic or not or have been charged with assault and battery with a dangerous weapon feel free to call for a confidential consultation.

Speak now with a Domestic assault and battery lawyer in Boston and receive a free consultation.

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Alfredo R Posada, 22, of Somerville was held without bail in Somerville District Court pending a dangerousness hearing to be held on Tuesday. Posada is charged with one count of assault to rape and two counts of indecent assault and battery.

It’s alleged that Posada groped three women in late-night attacks in Somerville. He is said to have followed each woman before attacking them from behind, each woman was walking alone at the time.

Frank Fernandez is a Somerville criminal defense attorney who handles sexual assault cases

At least six such attacks have been reported in Somerville since September. Officers from Cambridge, Medford, Tufts University, Somerville, the FBI and MBTA transit police have all been jointly working together in search for a suspect of these assaults.

Somerville police were patrolling in the Davis Square area Thursday when they observed Posada following three women the police took him into custody at that time and a police lineup was performed later that nigh. Posada was identified by three victims as the person who allegedly had assaulted them.

It was mentioned in the arraignment that Posada suffers from schizophrenia.

Frank Fernandez is a Boston criminal defense attorney who represents people charged with sexual offenses such as assault with intent to rape and indecent assault and battery. Feel free to call for a confidential consultation.

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Somerville man arraigned for three sex assaults

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Stephen P. Bold was arrested by the Mashpee police on Wednesday on charges of rape and indecent assault and battery. The police did not provide specifics about the allegations but we know it’s related to a female who is not a member of his family.

The charges of rape and indecent assault and battery are not alleged to have happened while he was on duty as a firefighter but rather at some point while off duty. Bold has been honored for his work as a paramedic and firefighter, is been part of the force for over 20 years.

It is expected that he will fight these charges which could have a grave effect on his ability to remain as a custodial parent his two children both under the age of 10. If convicted not only his incarceration a fear in these types of cases but when convicted of criminal sexual conduct it may affect custody rights of minor children.

Frank Fernandez is a defense attorney serving Cape Cod and all of Massachusetts. When charged with a sexual crime is important to getting an experienced defense attorney involved as quickly as possible. The majority of these cases are swearing contests between the defendant and the alleged victim; it is important for a defense lawyer to become involved quickly to preserve whatever evidence may be valuable.

Rape can be charged in many different forms, there is aggravated rape which involves force causing physical harm or a victim who is placed in a special category such as being pregnant. Indecent assault and battery is the unwanted touching of another’s private sexual areas which are the breasts, vagina, penis or buttocks. Conviction for either rape or indecent assault and battery besides potential incarceration would require registration with the sex offense registration board or SORB. SORB classifies sex offenders and requires that an offender be placed on a list which may be viewable by the public for those classified as more serious sex offenders. Classification as a sex offender can be challenged through a hearing to determine the appropriate sex offender level. It is important to have an experienced criminal lawyer represent you in front of the sexual offender registration board.

If you’ve been charged or being investigated for a criminal sexual offense, call Frank Fernandez criminal defense lawyer for a free consultation regarding your case.

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