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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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Homicide fights centers on drug trade

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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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Lawrence man denied restraining order on mayor

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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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Burlington police investigate robbery of Central Bank on Wilmington Road

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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.

Related Article
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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Two MBTA employees chased down a suspect who approached a woman brandishing a knife at 7am this morning in south station. The woman screamed for help attracting the attention of the MBTA workers who were able to detain the suspect until police arrived. The man was caught on surveillance video during the incident.

Charges that he will most likely face are attempted armed robbery, assault with a dangerous weapon and possibly other related charges. Brandishing a weapon immediately takes the case to a much more serious level in which a person can face a much lengthier sentence. The woman was most likely asked to confirm that the man they apprehended was in fact the man who approached her with the knife thus misidentification does not appear to be an issue.

Frank Fernandez represents clients charged with theft and armed robbery in boston and throughout all of Massachusetts, contact hm for a free consultation.

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T station employees chase down suspect in south station, Boston.com, December 14, 2010

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35 people have been arrested by transit police in 2010 for open and gross lewdness on public transit in massachusetts compared to only 19 arrests in 2009.

The latest arrest was this Friday when Donnie McLean, 46, a registered level 3 sex offender with two prior convictions for open and gross lewdness was arrested on the route 28 bus in Dorchester after exposing himself to a woman. The woman got off at the Ruggles police station and reported him to the authorities who arrested him shortly after.

The increase in arrests is being credited to better enforcement and more reporting of these types of offenses by the public.

As a boston criminal attorney Frank Fernandez represents clients charged with a variety of sex crimes including representation in front of the Sex Offense Registry Board (SORB).

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Boston.com, December 13, 2010 More arrests for lewd conduct- and more incidents reported on MBTA

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Two men were convicted in Taunton district court of threatening law enforcement related to a wrap video they had posted online in which a massachusetts state trooper and probation officer were directly threatened by name. One of the men Jason Foley, 29, was convicted of witness intimidation and threatening to commit a crime. He was sentenced to two years probation and banned from accessing the internet or using a computer.

A Fairhaven man will spend a year in jail fro his role in producing the video. The video has been removed from the internet.

Threats to commit a crime is treated seriously in massachusetts. Threats charges can carry more sever penalties if the threats are against public employees or police officers. If you are charged with threats to commit a crime call boston criminal lawyer Frank Fernandez, 617-393-0250, or e-mail to receive a free confidential consultation regarding your case.

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Southcoasttoday.com, December 10, 2010, Fairhaven Man gets a year in jail for rap video threats

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A highschool wrestler in Fresno, California faces sexual assault charges for performing a “butt drag” wrestling move on another student in practice.

A “butt drag” is a wrestling move in which a wrestler grabs the other between the butt cheeks to gain leverage to either move his opponent or swing himself into a better position. It does not include sticking ones fingers inside the rectum of the other wrestler but can be performed by gaining leverage between the butt cheeks without any type of penetration.

The student is awaiting trial and potential expulsion from school after a younger teammate alleged that in practice the older wrestler penetrated his rectum with his fingers for approximately thirty seconds. The older wrestler claims it was merely a “butt drag” with no penetration and was done by him as instructed by their coach.

A jury will decide after hearing from both students whether a sexual assault occurred. The judge will instruct the jury as to what makes up a sexual assault which is basically an unwanted touching of the genital area. This case will be decided on who the jury believes, if they believe the victim then this was not a “butt drag” technique but rather a sexual assault. The defense claims this has been blown out of proportion, that no penetration occurred and this was simply a “butt drag” wrestling move.

Boston criminal defense attorney Frank Fernandez can help in answering any questions related to sexual assault charges, from sexual assault, assault with intent to rape and rape. Feel free to call or e-mail to speak with a criminal attorney now.

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cbsnews.com, December 9, 2010, Surprise? Wrestling “Butt Drag” Causes Controversy