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Brian Smith, 43, pled guilty to two counts of masked armed robbery, one count of assault and battery with a dangerous weapon causing serious bodily injury, one count of receiving stolen motor vehicle and weapons charges.

These charges relate to a 2004 daylight robbery of an armored car that was like a scene out of the movie “The Town”; the robbery occurred in Quincy where the armored car driver was left severely wounded. Smith admitted to helping two other men, Dennis Quirk, 42, of Roslindale and Martin O’Brien, 43, of Malden in robbing the armored car in front of a citizens Bank on Hancock Street in Quincy in October 2004. The men were armed with AK-47 assault rifles and ambushed the driver of the Loomis Fargo armored truck.

The robbery occurred on October 21, 2004 at 10 AM. The driver resisted and was shot in the leg severing his femoral artery and almost killing him. The three suspects were said to have met in Smith’s Dorchester apartment prior to the robbery to put on fake beards and other makeup. Smith was sentenced to seven years it will run concurrently with the 30 to 35 year sentence he is serving for home invasion in Suffolk County. He was charged under the theory of joint venture or acting with others in committing a crime. The other two suspects Quirk and O’Brien pled guilty in 2007 and 2008 O’Brien was sentenced to 18 years and Quirk 25 to 30 years in state prison.

Frank Fernandez is a criminal defense attorney serving the Boston area if you have any questions related to criminal case such as robbery or assault please feel free to call for a free consultation.

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Michael Ciarlone, 54, is accused in Chelsea District Court of using his truck with a plow to push snow around a vehicle that he believed parked in his spot. When the vehicle owner and other neighbors came out to confront him he pinned a neighbor with his truck and then kicked him in the head. He’s accused of striking another man breaking his glasses.

These assaults occurred last month but the defendant was arraigned today in Chelsea District Court. The police claim that the defendant was intoxicated when they arrived he was charged with assault and battery with a dangerous weapon, malicious destruction of property and operating under the influence.

The defendant was released without bail and told to avoid contact with the victims in the case.

Attorney Frank Fernandez practices criminal defense in Boston and throughout all of Massachusetts, if charged with assault and battery or any other offense please contact us for a free consultation.

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The FBI and Boston police have no leads as to who stole hundreds of bags of drugs from a Boston police evidence warehouse in Hyde Park over three years ago. Drugs held as evidence in over 265 criminal cases ranging from heroin, cocaine, marijuana and prescription medication went missing without a trace over three years ago. The investigation has included 25 to 30 investigators including FBI agents who have been unable to tie any physical evidence of the crime to any suspect.

Most of the drugs taken were oxycodone. The drugs that were stolen mostly came from criminal cases investigated between 1991 and 1997. It is the older unresolved drug cases which require that the police hold on to the evidence that is causing a backlog of drug evidence in the Hyde Park depository. The police warehouse now holds more than 45,000 cases of drug evidence that is at least 10 years old and officials want to destroy. Without the criminal case being closed the destruction of evidence may lead to the cases being dismissed if challenged by the defendant.

The drug thefts occurred about the same time as a string and corruption scandals in the Boston Police Department. In 2006 three Boston officers were arrested on federal drug trafficking charges. Since then the Boston Police Department has established video surveillance in the drug warehouse as well as new software system where these drugs are logged and randomly tested.

It was in 2006 that an audit led to the discovery of missing drugs and drugs had been substituted for substances such as aspirin. Even after the audit began drugs were stolen this led the transfer of 10 officers were working in the Boston drug depository. Some of those officers have since retired and some still work for the department another in other areas. At the time only one camera was in place to show who came and left the building. Most of the drugs stolen were from closed cases and did not affect the prosecution’s case.

With over 12 cameras in place now, and the new software system and procedure for logging drugs Boston police are much more confident that this type of theft will not take place again.

Frank Fernandez and is a criminal defense attorney practicing in Boston and throughout Massachusetts. If you have a question related to any type of drug case or any other criminal matter contact us for a free consultation.

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Of all MBTA stations Andrew station saw the biggest increase in serious crimes in 2010. In 2009 five crimes were reported, all thefts at Andrew station; in 2010, 22 serious crimes were reported, 14 of which were robberies, there were also two assault and battery charges reported.

Mattapan’s MBTA station saw a drop in crime from 2009 to 2010 with reported crimes dropping from 15 to 4. Fields corner also saw a decrease in reported crimes from 15 to 7 reports in 2010.

The Wonderland MBTA station saw a rise in serious crime from 9 to 29 reported crimes. Andrew station which also serves as a bus terminal was tied with Park St., Ruggles and South station for most reports of serious crimes in 2010.

Frank Fernandez is a Boston criminal defense attorney who handles robbery, theft and a variety of other charges. Contact us for free confidential consultation.

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A joint task force consisting of both state and federal agents raided a lawrence apartment on Union street Wednesday night and discovered over $3.2 Million dollars of Heroin (street value), or 4 kilos.

The bust came after an investigation which began in New Bedford. All the participants will be charged with Trafficking in Heroin and are set to be arraigned in Lawrence District Court. The 6 arrested are: Victor Santana, 32, of Lawrence; Jose Cruz Pizarro, 30, of Connecticut; Francisco Rosado Rivera, 40, of Lawrence; Elvis Ruiz Guerrero, 36, of Boston; Oveido Lopez, 23, of Lawrence; and Luis Gonzalez, 18, of Lawrence
Frank Fernandez is a criminal defense attorney in Boston who handles drug trafficking charges in both state and federal court throughout Massachusetts. Please contact us for a free consultation.

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Luis Gabriel Escalante, 22, will be arraigned in Chelsea district court this morning on charges of motor vehicle homicide and leaving the scene of an accident. Charges stem from a December 14, 2010 accident in which Julio Vaquerano of Revere, 36, was hit while in Chelsea near Blossom and Maple Street. The driver at the time left the scene leaving Vaquerano with severe injuries and trauma. Vaquerano was pronounced dead upon arrival to the hospital.

Little is known at this time as how the police linked Escalante or his vehicle to the accident, or whether an eyewitness provided information which helped in the identification.

At times a witness will see a license plate or be able to identify the driver of a car fleeing the scene of the accident. These cases rely on the ability of the Commonwealth to link the defendant to being the driver involved in the accident. Eyewitness identification can be flawed especially at night and when the person is in a fleeing vehicle. Alibi or misidentification are common defenses to these types of charges.

Frank Fernandez is a criminal lawyer in boston who deals with vehicular homicide and all types of criminal matters all over Massachusetts. If you face criminal charges in Massachusetts contact us for a free consultation.

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Robert McGillivary appealed his conviction of OUI 4th offense based on the fact that he had merely turned the key in the ignition to start the electricity in the car and argued to the court that this was not enough to show operation of the vehicle.

The Court of Appeals disagreed with him and decided that turning the key was in act that was enough for a jury to convict him of operating under the influence.

One of the elements of drunk driving is proving that the defendant operated the vehicle. This decision allows the Commonwealth to prove operation when the defendant has inserted a key into the ignition and turned the key.

Frank Fernandez Boston criminal defense attorney who handles drunk driving cases. Contact us for a free consultation regarding your case.

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John McCarthy, 61, and MBTA bus driver rear-ended a vehicle Friday night while working driving and MBTA bus in Somerville. No serious injuries resulted to either passengers on the bus or in the other vehicle. Mr. McCartney was found to have open bottle of vodka in his back pocket, police charged him with operating under the influence.

Mr. McCarthy was said to have failed field sobriety tests at the scene. The MBTA plans on firing Mr. McCarthy based on what has been reported. He was arraigned this morning in Somerville District Court and released on personal recognizance.

Operating under the influence or drunk driving is treated very seriously in Massachusetts. Attorney Frank Fernandez has represented clients for OUI offenses in Boston and throughout all of Massachusetts. Contact us for a free consultation regarding your case.

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A man in Abington used homemade bombs to blow up snowbanks to avoid having to shovel. The Massachusetts State police bomb squad responded and found Leo Powers, 23, to be in possession of powder which was tested and confirmed to be some type of explosive chemical. Powers is charged with threats to commit a crime and possession of an incendiary device.

Powers has a firearm license which Abington police chief David Majenski immediately suspended. He was ordered to surrender all his weapons to the police which were a shotgun and pistol.

Frank Fernandez is a criminal defense attorney who practices throughout Massachusetts contact us for a free confidential consultation.

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Joseph Musculus, 27 of Walpole, has been charged by the Brooklyn police with two counts of indecent assault and battery on a female high school student. He is accused of pinching the students but on two separate occasions. Musculus is an assistant teacher in the school’s food service and restaurant classes where he has worked for the past seven years.

The female student told the police that she did not feel threatened and considers Musculus a good friend. The student claims that Musculus pinched her buttox in class on two separate occasions. The mother of the student told police that her daughter would greet Musculus with a hug or kiss and believes that Musculus did not mean any harm to her daughter.

Musculus is scheduled to be arraigned in Brookline District Court he has denied pinching the students buttox, he told police that he believed he had touched the small of her back.

Frank Fernandez is an experienced Boston criminal lawyer who handles sex crimes, contact us for free consultation.

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