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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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Appeals court: Just turning the key can lead to drunken driving conviction

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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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Brookline assistant teacher charged with indecent assault

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The Boston police department’s drug units are focusing on violent drug dealers in an attempt to cut down violence between them. Criminals with a history of violence or firearms are being focused on, the police are concerned with violence between rival drug gangs.

The drug units use undercover officers who rely on numerous street informants to get information on who’s dealing drugs. The idea is that if the most dangerous criminals can be taken off the street it will reduce violence against the community and other rival dealers. Some detectives believe the economy has led people who have never dealt drugs before into the business.

In Dorchester the drug unit police the streets in undercover vehicles looking for street-level sellers and buyers. The decriminalization of marijuana has also been blamed for more people getting involved in the purchase of drugs and given reason for drug dealers to ramp up their sale of marijuana.

Frank Fernandez has defended numerous clients on drug-related charges in Boston and throughout Massachusetts. Contact us for a free consultation regarding your specific case.

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A Lawrence man attempted to get a restraining order against Mayor William Lantigua, the man claimed that the mayor made obscene gestures and swore at him. The man admitted that he had been following the mayor. The judge found that although the mayor’s conduct as described may have been rude it did not amount to criminal harassment which is necessary to obtain a restraining order.

Massachusetts law now allows a person who can prove criminal harassment to obtain a restraining order against another. Restraining orders in the past were reserved for those involved in a domestic relationship. To prove criminal harassment one must show a repeated behavioral pattern of harassment which can take the form of annoying phone calls, threats or acts of violence.

If you are being investigated for criminal harassment or you face a restraining order hearing feel free to call Frank Fernandez, a Boston criminal defense attorney who has represented many clients at restraining order and criminal harassment hearings.

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Central bank Burlington was robbed yesterday at 9:34 AM the suspect entered the bank and presented the teller a note threatening deadly force if money was not handed over. The EI believes that this bank robbery may be linked to other bank robberies committed since December 15 in Lynnfield, Malden, Reading, Salem and Westford.

The suspect is described as a 6 foot black male facial hair and wearing a gray hooded sweatshirt, he fled the scene on foot. It appears he was able to escape with an undisclosed amount of money. The other bank robberies were similar nature in that threats against bank employees were made.

The first bank robbery occurred on December 15 and savings bank in Lynnfield, that same day at TD bank in Redding was robbed, the next day citizens Bank and Malden was robbed and a handgun and fired by the suspect while leaving the bank.

On December 29 Eastern banking of Westford was robbed and this past Monday TD bank of Salem was robbed.

Bank robberies can be charged in both state and federal court, the decision is made by the US attorney’s office or the District Attorney’s Office. State and federal officials usually act in unison in deciding whether to charge a person and federal or state court with bank robbery. When threats of violence or firearm or dangerous weapon is used it can increase the potential punishment for the crime. Identification is always an issue when a suspect is not caught at the scene. These cases seem to involve surveillance video and it appears that the suspects faces are clearly shown on the video.

An experienced Boston criminal bank robbery attorney needs to be consulted if one is being investigated or arrested for bank robbery. No one should make a statement to the police prior to speaking with an attorney. Frank Fernandez is a Boston criminal attorney who has handled bank robbery cases. Feel free to call for free confidential consultation regarding your case.

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Two men who were asked to leave a new year’s eve party in Lowell returned shortly after 1am and opened fire on the partygoers. Killing a 20 year old woman Corrina Ouer and injuring seven others.

Jameson Phoun, 20, and Sothy Voeun, 19 were arrested and face arraignment on Murder charges today in Lowell district court.

Massachusetts youths committing violent crimes especially firearm offenses are on the rise. The two suspects will most likely face charges of Murder, multiple counts of Assault and Battery with a dangerous weapon, as well as possible firearm offenses. Massachusetts is very strict on gun laws yet firearms are still making it into the hands of youths who are all too willing to use them.

If charged with a firearm offense in Massachusetts feel free to contact us to get a consultation on your rights and what you can expect if charged with a firearm crime in Massachusetts.

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Massachusetts State police have agreed to participate in the Secure Communities program which calls for the police to share information on the identity of arrested suspects with U.S. Immigration and Customs Enforcement (ICE). If ICE then discovers the newly arrested person is unlawfully present in the U.S. they can choose to issue a detainer, or hold, causing the person to be held for ICE to take custody of him for deportation. The program claims it is being implemented to target illegal aliens who are found to have serious criminal records and not meant as a tool to deport all immigrants without proper status.

What is taking place on the streets though is not only are illegal aliens with serious criminal histories been deported but the majority being held and put in deportation proceedings are immigrants who are stopped for offenses as minor as driving without a license. The fear by those opposed to the program is that the immigrant community will stop reporting crimes to the police out of fear they will be reported to ICE, creating a chilling effect between local authorities and the community they are to protect.
This Secure Communities program is a national program and is basically a sharing of information between local state authorities, and the FBI through the Division of Homeland Securities (DHS) which runs Immigration and Customs Enforcement (ICE).

What needs to take place along with this program is new legislation to allow those who have been in the country for a long period of time, working and raising U.S. born children, the ability to receive legal status. It is not fair to all of the sudden deport certain aliens who have not committed any serious offense and have U.S. citizen children. An attempt was made by President Bush yet never made it through Congress, and President Obama is also claiming he will make efforts to present a bill to Congress to provide temporary legal status to aliens who can prove they have been living and working in the U.S. for a long period of time and who pay back taxes. This gets more hard working people to come out of the word work and get on to the tax rolls. Tough enforcement is fine for those who deserve it but not all are deserving of deportation.

Frank Fernandez is a Boston criminal defense attorney who is fluent in Spanish and enjoys serving the Latin community in Massachusetts. He is familiar with how criminal charges can affect the legal status of immigrants and is happy to give free consultations to those facing any type of criminal charges.

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Boston Globe, “State joins push on illegal immigrants.” Dec. 18, 2010

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A former clerk magistrate of the Chelsea district court was sentenced in federal court yesterday to two years in jail for deprivation of civil rights. The case involved two women who faced criminal charges in Chelsea court and promises by 43 year old Burke, the magistrate, to help dismiss their cases in return for oral sex. The women gave him oral sex in the courthouse, one woman being removed by Burke from custody to do so.

Federal charges were brought against Burke rather than state charges, the decision to charge someone federally or in the state courts is made by each individual prosecutor’s office. Usually the state and federal prosecutors work in conjunction with each other and allowing either one or the other to pursue a case rather than both at the same time. Federal charges for deprivation of civil rights come about when a person in a position of public authority abuses that position violating another’s rights. This type of charge is not as common as federal conspiracy to violate drug laws, or other more common federal crimes.

Attorney Frank Fernandez represents clients in federal court in Massachusetts for all tyes of charges ranging from large dug conspiracies to white collar crime. Feel free to contact him for a free consultation.

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