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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 www.theFernandezFirm.com
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The police received a tip that a woman was soliciting men for sex for a fee at the Tewksbury library. An undercover detective responded and quickly was engaged by a woman exchanging notes offering sexual favors for $60. She was arrested for prostitution and it is learned she had outstanding charges for drug possession.

The city of Boston through Mayor Walsh has recently announced a new tactic for combating sex trafficking by targeting the John’s when it comes to prostitution.
Usually it is the prostitute who is arrested and charged with a crime when it comes to prostitution. This new tactic will offer more support and services to prostitutes to help them get off the streets.

By targeting the demand, the John’s, it is expected that shaming these people through public criminal charges that the demand may dry up.

Frank Fernandez is a criminal defense attorney who handled charges of sex for fee in Boston and throughout Massachusetts for both prostitution and for those charged with soliciting prostitution. Feel free to call for a free consultation 617-393-0250.

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The death of the confidential informant from an overdose lead to Braintree detectives accessing his cell phone and text messages.

That information led to a source who cooperated with the police and after an investigation including surveillance they were able to arrest eight of the suspected distributors.

The distribution ring was tied to two locations, one in Hyde Park which was a pick up point for customers, and another in Braintree where one of the main suspects resided. All eight are charged in federal court in Boston with Drug Trafficking in Heroin.

Frank Fernandez is a Boston criminal defense lawyer who focuses on the criminal defense of drug charges. Including possession, drug trafficking, possession with intent to distribute and distribution of drugs.

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Ross Currier, 26, an accountant was seen in the North end of Boston playing basketball by a woman who had been recently sexually assaulted. She told police that she was 90 to 95% sure that he was the man who assaulted her. Currier was arrested and charged with sexual assault, he was released on bail and forced to wear a GPS bracelet on his leg this past month.

It was only after his alibi checked out through independent witnesses that the prosecutor agreed that they had arrested the wrong man. The case was dismissed in Boston Municipal Court and Currier made a statement to the press requesting someone take responsibility for what happened and apologize.

This incident is a strong reminder of how eye witnesses and victims can misidentify a suspect very easily. What happens in a traumatic moment can be remembered far differently than what actually occurred. Our brains process and remember sensory input differently and memory accuracy is affected by stress and anxiety.

The police are acting on what they believe is accurate information from a victim who appears to be sincere in her identification. But what happens when a victim does not remember or misidentifies a suspect? It leaves the suspect with the burden of proving his innocence.

Misidentification happens all the time and it was not until DNA testing that many misidentified prisoners were released after it was discovered that they truly were not the ones who perpetrated the crime in question.

It is important to understand the human brain is not perfect and can only take in and recall sensory data in a limited manner which varies for each of us. High stress or a frightening event make it even harder to accurately take in or recall sensory information. Once time passes events can be manipulated in the mind without even knowing. A victim may truly believe in a sequence of events or an identification when asked to recall not knowing they have in fact changed the events in their mind to make sense. The same event can be recalled by multiple witnesses in different ways, this happens all the time.

Frank Fernandez a criminal lawyer in Boston defends people accused of crimes who have been wrongfully identified. Experts are used to educate the jury as to the pitfalls that exist in identification and how just because someone sincerely believes they are sure of a situation that it may not be the case. For a free consultation call 617-393-0250
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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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Lt. Thomas Foye was recently indicted related to charges that he took drugs from narcotics locker at the police station.

He is charged with tampering with evidence, theft of drugs from a dispensary as well as cocaine possession.

Police department’s manner of logging in and warehousing evidence has long been criticized as overdue for better procedures to ensure chain of custody and security of the evidence.

Many evidence lockers and police departments merely require personnel to sign in to gain access to both pending and closed cases relevant evidence.

Rules of evidence require that any evidence, such as drugs, be kept in a fashion that it can be shown exactly who handled that specific evidence from the time it was discovered to the time of trial. This is what is referred to as chain of custody. This entails placing evidence in marked containers which are then initialed by the officers who did so and any other officer or personnel who later come into contact with this evidence. All this is done to ensure that the evidence remains as it was found.

Police departments have been criticized for having procedures which are lacking in preserving the security of evidence. With technological advances that exist today police departments should be required to have a better system to safeguard evidence in their possession
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Early this morning while cleaning a large shucking machine, Mr. Gerena became entangled in a rotary turbine engine. The fire department had to partially dismantle the machine to free Mr. Gerena, he was pronounced dead at the scene.

An investigation has been opened by the occupational safety and health administration (OSHA); investigators interviewed witnesses and gathered information this morning. The investigation is expected to take several weeks.

This is a tragic accident which should have been avoided. Safety standards and training are required when operating and cleaning heavy machinery.

Attorney Frank Fernandez is currently involved with a similar case in which his client was killed in a food processing plant while cleaning a large machine used to stir hummus.

The occupational safety and health administration requires that these machines be cut off from their power supply for cleaning and that those who handle or clean the machinery receive training for safety and maintenance.

This is an awful tragedy which most likely could have been avoided. Exactly what took place and who is at fault will be determined after the investigation.

Attorney Frank Fernandez speaks Spanish and is a Boston attorney serving the Latin community in cases of negligence, wrongful death, personal injury and criminal defense. Feel free to call Mr. Fernandez, a Boston lawyer, for a free consultation at 617-393-0250.

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Kate Corbett claimed to have a degree from Merrimack College in chemistry, her degree was actually in sociology. She claims that she was under the impression she had taken enough chemistry classes to also qualify for a chemistry degree. Although she is not accused of having falsified testing results it is clear that as early as August of this year she testified in establishing herself as an expert that she did have a bachelors in chemistry.

Those defendants who were convicted of a drug offense including drug trafficking and possession with Kate Corbett as the testifying chemist have grounds to file a motion for new trial based on misleading testimony related to her background.

There is no doubt that this will lead to further cases being appealed and potentially overturned.

Frank Fernandez is a criminal defense attorney who deals with drug offenses including drug trafficking, possession with the intent to distribute and federal conspiracy drug offenses. Feel free to call for free consultation 617-393-0250.

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The new law which makes it legal to possess an ounce or less of marijuana for personal use has left many confused as to what is legal when it comes to possessing or using marijuana. Possession of any amount of marijuana with the intent to distribute is still a crime. Growing marijuana in any amount is still a crime. Possession of drug paraphernalia, such as a pipe, grinder or any other type of smoking device when possessed with marijuana is still a crime.

The supreme judicial Court has recently decided a some cases which help clarify some gray areas that existed.

The first case involved the police searching the backpack of a young man after witnessing him share a marijuana joint with others in public. The District Attorney’s Office argued that the police had the right to search the backpack without a warrant based on their observations of him sharing marijuana with others. The Supreme Court ruled the search of the backpack without a warrant was illegal. The ruling makes it clear that sharing a joint with others is not considered distribution of marijuana and that such an offense is merely a civil infraction which does not open the door for the police to search a person or his property further. So this means that police are limited in their ability to search when encountering a civil marijuana infraction. As a side note approximately 23 grams of marijuana was found in the backpack which is less than an ounce, but the marijuana was packaged in ten small baggies leading the police to charge possession with the intent distribute. Evidence used by police to prove intent to distribute is usually the amount of drugs, manner in which it is packaged, large amounts of currency or cell phones/beepers, scales, baggies or any other evidence of distribution.

In another ruling the S JC ruled that the police did not have the authority to search a vehicle based on the occupants smelling like marijuana and finding a small amount of marijuana on their person. So like the first case discussed police are restricted from searching the vehicle based solely on a civil infraction related to marijuana. The district attorney argued that this case was different from the first in that the police should be allowed to search further to make sure that the crime of driving under the influence of drugs is not being committed. The Supreme Court refused to delve into this specific issue since the district attorney did not argue and preserve the issue in the lower court rulings. Driving under the influence of marijuana still may be charged as a criminal offense if ones driving is impaired. If police believe someone is under the influence of drugs while driving, including marijuana, they will most likely be able to further investigate and search a vehicle without a warrant.

Frank Fernandez is a Boston criminal defense attorney who offers free consultations. As a Boston criminal lawyer his firm handles all types of criminal cases including drug offenses in both State and Federal Court. Feel free to call for a free consultation 617-319-6652.

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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 www.theFernandezfirm.com