Published on:

A Boston paramedic has pleaded not guilty to stealing painkillers and sedatives which he allegedly took from ambulances that he worked in. Benoit was charged with 73 counts of stealing drugs in Suffolk Superior Court. It’s alleged that during the summer of 2011 painkillers and sedatives intended for patients were taken from ambulances and in some cases replaced with other types of liquids.

Cases like these are treated seriously in that there is a breach of trust and especially when it involves the medical field and the treatment of patients.

Charges of larceny or stealing as well as possession of painkillers or sedatives are cases that are routinely handled by the criminal law office of Frank Fernandez. Mr. Fernandez is a Boston criminal defense attorney who is happy to answer any questions related to your specific criminal drug or larceny case and can be reached at 617-393-0250.

Published on:

A state drug lab responsible for testing illegal drugs seized from defendant’s was closed because of mishandling of evidence by chemists.

Thousands of cases both pending and closed can be affected by this misconduct. It appears at least one chemist falsified data related to drug analysis and testing which calls into question the results of drug tests related to thousands of cases.

Defendants convicted and serving sentences for drug related cases have reason to file motions to vacate and reopen their cases. All types of cases involving drugs such as heroin, cocaine, as well as many other street drugs may have been compromised because of this breach.

In drug trafficking cases the Commonwealth must not only prove that the substance is actually an illegal drug but that the weight is actually a trafficking amount.

Frank Fernandez is a criminal defense lawyer who practices all over Massachusetts and represents clients in all types of drug cases in both state and federal court including possession with intent to distribute, trafficking and possession for personal use involving cocaine, heroin and all other types streak narcotics.

There is no doubt that the closure of this state drug lab will affect thousands of cases. For free consultation by Boston criminal defense lawyer as to your specific situation and how it may be effective please feel free to call Frank Fernandez at 617-393-0250.

Related Article:

Drug lab cover-up allegations eyed

Published on:

Possession of less than an ounce of marijuana in Massachusetts for personal use has been decriminalized since 2008. To possess less than an ounce of marijuana for personal use is now a civil offense and would subject you to $100 fine.

Possession with the intent to distribute marijuana or the sale of marijuana is still considered illegal. Just today the Supreme Court of Massachusetts decided a case which involve less than an ounce of marijuana in relation to a charge of possession with intent to distribute. The accused in this case was found to be in possession of a few baggies of marijuana totaling less than 6 grams. A District Court judge dismissed the case based on arguments that the decriminalization of less than an ounce of marijuana also applied to possession with intent distribute less than an ounce of marijuana. Prosecutors appealed the case and now the Supreme Court of Massachusetts has agreed with the Commonwealth in that possession with intent to distribute marijuana no matter what the amount is still a criminal offense.

Frank Fernandez is a drug crimes lawyer Massachusetts. Boston criminal drug offenses ranging from hundreds of kilos of cocaine in federal court to possession of cocaine for personal use are matters in which Frank Fernandez has years of experience litigating.

It is important to understand that although possession of marijuana for personal use has been decriminalized as long as it is less than an ounce a person can still be charged with the intent to distribute if there is any evidence which would show intent to sell.

The type of evidence used to prove the intent to distribute are things such as the manner of packaging, whether the drugs are in small multiple baggies; whether the person has a large amount of cash on them, or multiple cell phones or pagers, scales or packaging like plastic baggies.

Although possession of marijuana for personal use is not a crime is still a crime to possess. Finale such as a glass pipe or a dugout, a small wooden box used to hold a small amount of marijuana and a metal cigarette to smoke it with
A drug crimes lawyer in Boston, Frank Fernandez is available for a free consultation, contact him directly at 617-393-0250.

Related Article:

Mass. high court rules marijuana dealing charge is valid even when alleged dealer only possesses a small amount

Published on:

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.

Related Article:

Salem police seek Boston man accused of beating girlfriend, dragging her from car

Published on:

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.

Related Article:

Somerville man arraigned for three sex assaults

Published on:

On Thursday as a result of an ongoing investigation two men from California were arrested after police discovered 66 pounds of cocaine in their tractor-trailer unit in Chelsea.

The two men arrested in Chelsea were from California and were brought to the Chelsea District Court on Friday. They are each charged with trafficking in cocaine and conspiracy to violate the state’s drug laws. Trafficking in this amount of cocaine carries a 15 year mandatory minimum sentence if convicted.

Large amounts of drugs such as in this case are usually considered for federal prosecution rather than being handled at the state level. Whether they will be charged federally is yet to be determined.

Chelsea Drug trafficking attorney

In a separate incident a routine traffic stop in Dorchester led to the arrest of a man from Providence Rhode Island. He was stopped for failing to use a blinker, the rental car was driving was reported overdue. As the police inventoried the vehicle prior to it being towed the discovered 40 pounds of cocaine and 29 pounds of heroin.

The suspect was charged with trafficking in cocaine and trafficking in heroin in the Dorchester District Court and was held on $500,000 cash bail. Trafficking in heroin this amount carries a 15 year mandatory minimum sentence, trafficking in cocaine over 200 grams also carries a 15 year mandatory minimum sentence.

Dorchester drug trafficking lawyer

The use of the word trafficking signifies the mere amount possessed is of such a large quantity than the law presumes it is not mere possession for personal use but rather an amount which reflects the intent to distribute or sell the controlled substance. Mere possession is a different charge, distribution or sale of a controlled substance carries stiffer penalties. Distribution can be proven by the Commonwealth or the federal government by the sheer amount of the drug as we see in these cases or through other evidence of distribution such as how the drugs are packaged, scales, drug packaging material, large amounts of currency, and multiple cell phones beepers.

Frank Fernandez is a criminal defense attorney who represents clients throughout all of Massachusetts including Dorchester and Chelsea who are charged with drug trafficking and drug distribution. Please feel free to contact us for a free consultation.

Related Article:

Drug busts yield 106 pounds of cocaine, 29 pounds of heroin, three arrests

Published on:

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.

Related Article:

Mashpee firefighter pleads not guilty to rape charges; attorney calls allegations ‘groundless’

Published on:

Eduardo Torres, 48, of Marlboro, was pulled over Saturday morning, September 24, for an expired inspection sticker. The officer noticed to open beer bottles and the smell of alcohol on his breath. After failing field sobriety tests Torres was arrested for being under the influence of alcohol. He has three prior alcohol-related offenses from California and to prior operating under the influence charges in Massachusetts, he was charged with a sixth offense OUI.

Torres was previously ordered deported by immigration and will be handed over to federal authorities after his criminal case is completed. The incident along with others involving illegal immigrants have drawn a lot of publicity to those immigrants who are here illegally and drive without a license or commit criminal offenses. Sheriff’s from local communities are using these latest incidents to draw attention to the secure communities program. The secure communities program requires that police run a suspects fingerprints through a database and alert federal officials if it is determined that the suspect is not the US with proper authorization.

Torres was held without bail and faces a mandatory minimum sentence if convicted. It appears he did not take the breathalyzer. OUI charges have an increasing scale when it comes to penalties based on the amount of prior offenses. A first offense OUI usually requires an alcohol program, a short loss of license as well as fines and fees; a second offense usually requires a two-week inpatient alcohol program; a third offense will require mandatory minimum sentence in jail with a long loss of license. Any subsequent offense after a third offense carries an even longer mandatory minimum sentence and eventually a permanent loss of license.

Frank Fernandez is a criminal defense attorney serving Boxborough and all surrounding communities in both criminal and civil litigation matters. Please contact us for a free consultation.

Related Articles:

Illegal Immigrant Faces 6th OUI Charge

Published on:

This took place after a national effort to find and remove illegal immigrants with prior criminal convictions some with multiple criminal convictions. US immigration and customs enforcement better known as ICE conducted a nationwide sweep that lasted seven days which detained immigrants with felony convictions such as: manslaughter attempted murder, kidnapping, armed robbery, drug trafficking, child abuse, sexual crimes and aggravated assault. ICE named this operation crosscheck and said it was the largest of its kind involved over 1900 officers and agents from the 24 field offices with police organizations offering assistance.

19 arrests occurred in Boston, many of those arrested were already considered immigration fugitives in that they had been previously ordered removed from the country but failed to leave, some had been previously deported and had reentered illegally.

Some of those arrested were presented to both local and federal authorities for criminal prosecution at least 146 of those arrested were being considered for prosecution on a variety of charges including illegal reentry after deportation a federal charge which can carry up to 20 years in prison.

There has been a lot of press lately related to illegal immigrants and criminal conduct within the state of Massachusetts. Recently there’ve been at least two arrests for OUI, which is operating under the influence or drunk driving, one incident which led to the death of an innocent third party these accidents were caused by illegal immigrants driving without a license. Massachusetts does not allow for someone to obtain a license unless they have a Social Security number making it impossible for illegal immigrants to attain a Massachusetts driver’s license.

By 2013 ICE or immigration customs enforcement will be receiving notification from all local state authorities as to the arrest or stop of any person suspected of being in the United States without proper documentation. Many are calling for Congress to take action and reform the current state of affairs as it stands for illegal immigrants who have been living and working in this country while raising families. The recent arrests of illegal immigrants have brought this topic to the forefront in Massachusetts. There are staunch advocates on both sides. The one thing that remains clear is that congressional action must be taken to clarify and establish a clear set of guidelines and expectations for those illegal immigrants who have lived in the US for many years. Without clear guidelines they will continue to be growing communities of people without any legitimate status to work, drive or vote throughout all of the United States.

Frank Fernandez is a criminal defense attorney who practices in the Latin community in Massachusetts. He also provides representation in civil litigation matters such as personal injury and medical malpractice cases. He can be reached for free consultation at 617-393-0250.

Published on:

A large crowd of adults and about 35 to 40 9-year-old children witnessed a teenager climb over the outfield fence at Lynch field naked with a T-shirt covering his face. The teenager ran around streaking in the outfield until he jumped the outfield fence again and fled in a waiting truck.

The teenager had dropped his cell phone on the field. The truck was spotted a short time later at the Hingham bathing beach. Police spotted teenagers by the truck one of them was identified from a photograph found on the phone.

Oliver Sullivan, 18, was charged with one count of open and gross lewdness in Hingham District Court. Sullivan stated to the police that his friends dared him to streak and bet him $20 that he would not do it. Open and gross lewdness is a sex crime and a second offense would require registering as a sex offender. This type of charge can have a great effect on young man’s future; a conviction must be avoided at all costs so that this teenager does not have to answer for this charge for the rest of his life in job interviews and in filling out applications.

Another issue that this case raises is the right to privacy when it comes to a person’s cell phone. The police need to have probable cause and good reason to begin searching a person’s cell phone. This case is a little different in that the phone was lost by a suspect while fleeing and therefore the police can probably justify their looking into the phones contents. Where the police make an arrest and then begin to search through an arrested person cell phone then this would be grounds for a motion to suppress evidence.

Everyone is foolish and carefree as a teenager but foolish behavior which leads to charges of a sex crime must be handled very delicately. Frank Fernandez is a Boston criminal attorney who has years of experience in protecting the criminal records of his clients. To speak with a criminal lawyer now please feel free to call for free consultation 617-393-0250.

Related Article:

Naked baseball jaunt gets Hingham teen arrested