Check out this link to the see the handout the Boston Police are using to "inform" people about the so called "safe home initiative" Click here to see. http://www.bpdnews.com/Safe%20Homes%20Brochure.pdf
As I lawyer, I all I see in the handout is very vague language and false promises.
If you or someone you know has been charged with a crime contact Boston Criminal Attorney Patrick Donovan today.

A Suffolk County grand jury issued an indictment of former Boston Housing Clerk Laurence Pierce of Malden. The indictment alleged that Mr. Pierce embezzled $240, 000 from the Court. According to the Suffolk County District Attorney Mr. Pierce skimmed funds from two Housing Court bank accounts from 200-2006. Mr. Pierce allegedly took funds from the escrow holding account for court parties to pay for personal expenses. The scheme was uncovered as a result of an audit of the Court in 2006. If convicted Mr. Pierce could face up to 15 years in state prison.

If you or someone you know has been charged with a theft crime contact Boston Criminal Attorney Patrick Donovan today
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The Florida State Attorney said that sexual assault case against Boston lawyer Zerola is going forward after his second stunning acquittal of rape in Boston. Mr. Zerola had been charged twice in Boston of sexual assault against young ladies. Mr. Zerola was later found not guilty by two separate juries. Mr. Zerola has been charged in Florida after an allegation was made by a young lady who claims Mr. Zerola assaulted her while he was there for a Patriots game. Mr. Zerola's third trial is set to begin May 27.

If you or anyone you know has been charged with a sex crime contact Boston Criminal Attorney Patrick Donovan today.

The City of Boston is set to begin the so called Safe Home Initiative. This program, run by the Boston police, will allow the police to conduct warrantless searches the bedrooms of people under the age of 17 for illegal guns provided the police have the parents consent. At this point the police are vowing not to make arrests for possession of the guns but stated if the gun was used in a violent crime the youth may be charged. The police have setup a toll free number so that callers can request a search of someone's room.
Speaking in support of the Safe Home Initiative Police Commissioner Ed Davis said "we have to take every step that is legal and constitutional to make a difference."
I cannot think of anything more unconstitutional than this program. First, it begins with a call, probably an anonymous call claiming that a youth has a gun. Then a group of clergy and police is dispatched to the house and a request of the parent is made to search the room. The youth has no say in whether he or she consents to this search.
Simply based on a phone call to a toll free number the police are dispatching a search team to someone's house, asking the parents to sign a waiver allowing the police to search a bedroom and promising not to take out criminal charges. Although Mr. Davis claims to be taking every step that is legal and constitutional he seems to be ignoring many. The right to confront witnesses is one of the most important rights given to us in our state and our country. If Mr. Davis was serious about protecting people's constitutional rights than he ought not implement this program.
The Massachusetts Declaration of Rights, (or as it is better known as the Massachusetts Constitution) and the United States Constitution protects all citizens regardless of age or ownership from warrantless searches. Here, the Boston Police are making there own rules. In Massachusetts, if there is credible information from a known source the police may apply for a warrant in the court where the crime is alleged to have occurred. The Police simply fill out an application and attach an affidavit. A clerk magistrate will review the application and decide on the merits whether to issue the warrant. This has been and is our system. The same system used in every city and town in Massachusetts, with no exception. Yet, today the Boston Police believe they have a better way.
No one disputes the fact that youths with guns are a major problem in Boston and throughout Massachusetts, however if Mr. Davis truly believed what he said today he would not be in command of such a program.

If you or someone you know contact Boston Criminal Lawyer Patrick Donovan at 617 479-1800.

Gary Zerola, 2001 People Magazine's Most Eligible Bachelor and former Assistant District District Attorney, was found not guilty by a jury in his second rape case of the year. Mr. Zerola a criminal defense attorney was accused of raping a 19 year old Boston woman. Earlier this year, a jury acquitted him of the rape in a similar case. Mr. Zerola faces another charge in Florida later this year.

If you or someone you know has been charged with a sex crime contact Boston criminal lawyer Patrick Donovan today.

A veteran Boston firefighter accused of domestic assault and battery is telling an entirely different story. The firefighter appeared in the newspapers and on television saying that not only did he not touch his girlfriend but that the police had roughed him up. Click here to see the Boston Herald pictures of the man and the alleged victim.
According to the firefighter and alleged victim the police came to scene and charged at the man. The police allege that the man violently resisted arrest, the both the man and the alleged victim dispute that. As a result of this incident the man received injuries to his eye socket, thumb, and facial cuts.
The alleged victim claims that the police never even asked her if she was hit, or attacked by the man. The alleged victim had no visible injuries. The man's mother who was present for the incident also states that at no time did she see the man abuse his girlfriend.
All too often in domestic abuse cases the officer's minds are made up before they even arrive at the scene. Screams are reported and assumptions are made. Domestic violence is a serious problem in our society, but it cannot be treated with such a blanket approach. Here the police made up there mind before even asking a simple question.
If you or someone you know has been charged with domestic violence call Boston Criminal Lawyer Patrick Donovan today.

A 13 year old Quincy youth was arrested by the Masachusetts State Police on Tuesday night after taking police on a chase. Police noticed the 13 year old boy driving on the Neponset River Bridge without his headlights on. Police attempted to pull the vehicle over but the boy fled. After a short chase the trooper caught the boy and noticed a strong smell of alcohol coming from the boy. The judge set a very high bail of $20,000.
It just goes to show that you are never too old or in this case too young to get arrested for drunk driving.
If you or someone you know has been charged with dwi or oui call Boston Criminal Attorney Patrick Donovan today.

A veteran Boston firefighter was charged on March 24, 2008 with domestic violence. According to prosecutors the Boston Police responded to a disturbance on Howard Ave in Dorchester shortly before 2 a.m. on Sunday morning. Boston police had to stop him from attacking his girlfriend. Police were then attacked as the firefighter tried to break up the fight. Bail was then set by the judge at $400.
Domestic violence is now one of the most common crimes in Massachusetts. Police use little discretion when they respond to calls regarding domestic violence. If you or someone you know has been charged with domestic violence contact Boston criminal attorney Patrick Donovan at 617 479-1800 today.

On HBO's "Real Time" with Bill Maher, Massachusetts Congressman Barney Frank announced that he will file a bill to legalize marijuana. The Congressman said that he would the bill "Make Room for Serious Criminals." The Congressman is seeking to decriminalize the federal penalities for those caught with a small amount of marijuana.

If you or someone you know is charged with any drug crime, contact Attorney Patrick Donovan at 617 479-1800 today.

A judge at the East Boston District court declined to dismiss the case of the MIT student charged with a hoax device at Logan Airport. Lawyers for the girl charged argued that the staute she was being charged under was to vague and therefore the case should be dismissed. The judge disagreed and the case is schedule to go to trial in May.

Massachusetts law states that it is illegal for:
Whoever possesses, transports, uses or places or causes another to knowingly or unknowingly possess, transport, use or place any hoax device or hoax substance with the intent to cause anxiety, unrest, fear or personal discomfort to any person or group of persons shall be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than five years or by a fine of not more than $5,000, or by both such fine and imprisonment.

(b) For the purposes of this section, the term "hoax device" shall mean any device that would cause a person reasonably to believe that such device is an infernal machine. For the purposes of this section, the term "infernal machine" shall mean any device for endangering life or doing unusual damage to property, or both, by fire or explosion, whether or not contrived to ignite or explode automatically. For the purposes of this section, the words "hoax substance" shall mean any substance that would cause a person reasonably to believe that such substance is a harmful chemical or biological agent, a poison, a harmful radioactive substance or any other substance for causing serious bodily injury, endangering life or doing unusual damage to property, or both.
If you know someone charged with a crime contact Attorney Patrick Donovan at 617 479-1800.

At the nation's largest St. Patrick's Day Celebration in Savannah, GA a Thomas Joyce a Sgt. Detective was arrest on two count of assault, false imprisonment, criminal trespass, and obstruction by means of resisting. Sgt. Detective Joyce is an eleven year veteran of the Boston Police department. He serves as a drug cop. Sgt. Joyce is listed by the Boston Herald as having earned over 188k last year. When questioned about the incident Sgt. Detective Joyce did not speak to the Savannah Police, before becoming belligerent with the officers.

If you know anyone charged with Assault and Battery, contact Attorney Patrick Donovan at 617 479-1800 today.

A retired judge testified in federal court yesterday that Boston police defied an order he gave a high-ranking officer not to interrogate Shawn Drumgold when they arrested him in August 1988 in connection with the killing of 12-year-old Darlene Tiffany Moore

. Click here to read the Boston.com story This should serve as a reminder to anyone questioned by the police on anything. Sometimes, the police will stop at nothing to talk to someone. Even if it means ignoring the constitution and in this case a judge. Other than giving the police your name you have the right not to say anything to the police. The fact that you don't speak cannot even be considered in court.

If you have been questioned by the police or if the police want you to answer questions you have rights. You should contact an experienced criminal defense attorney. Attorney Patrick Donovan is a former prosecutor who can help. Call today at 617 479-1800.

Police didn't have to go far last night to arrest a man on drunken driving charges for the fourth time. Angel Hernandez crashed his Ford Ranger into the Waltham Police Department during roll call.

Just before midnight the truck smashed through the rear door of the station and scattered glass and debris throughout a hallway that was adjacent to the room where police had gathered at the start of their shift. None of the officers was injured.

"If someone had been walking through there, if it (roll call) had ended a few minutes earlier, it could have ended tragically," said Detective Sergeant Tim King.

Hernandez, 45, was taken to the hospital with injuries that police said were not life-threatening. The 45-year-old Waltham resident works for the city water department. He will be summonsed to Waltham District Court and charged with operating without a license, operating to endanger, and operating under the influence, which he has been convicted of three times.

Click here to read the Boston.com story
Massachusetts has is now very tough on drunk drivers. A fourth offense OUI in Massachusetts carries with it a mandatory one year in jail and a ten year license loss. If you or someone you know has been charged with an OUI or DWI/DUI in Massachusetts call Attorney Patrick Donovan at 617 479-1800 today.

politics that would rebuild New York and create opportunity for all. We vowed to bring real change to New York and that will continue. Today, I want to briefly address a private matter. I have acted in a way that violated the obligations to my family and that violates my -- or any -- sense of right and wrong. I apologize first, and most importantly, to my family. I apologize to the public, whom I promised better. I do not believe that politics in the long run is about individuals. It is about ideas, the public good and doing what is best for the State of New York. But I have disappointed and failed to live up to the standard that I expect of myself. I must now dedicate some time to regain the trust of my family. I will not be taking questions. Thank you very much. I will report back to you in short order. Thank you very much

The New York Times is reporting that New York Gov. Eliot Spitzer has told senior advisers that he had been involved in a prostitution ring. On its Web site, the newspaper cites an anonymous administration official as the source and says Spitzer was meeting with top aides

www.cnn.com

In what can only be labeled as shocking, the tough on crime governor now finds himself in trouble. Another case of do as I say and not as I do.

Governor Spitzer

If you know anyone charged with a sex crime, call Attorney Patrick Donovan today.
617 479-1800.

An international prostitution ring that charged wealthy clients in Europe and the United States up to $5,500 an hour for the body of their choice was stripped of its high-class veneer with the arrest of four organizers, prosecutors announced Thursday.

Charges were unsealed in Manhattan accusing the four of participating in a prostitution ring that called itself Emperors Club VIP from at least December 2004, U.S. Attorney Michael Garcia said.

On its Web site, the company displays photographs of the prostitutes' bodies, with their faces hidden, along with hourly rates depending on whether the prostitutes were rated with one diamond, the lowest ranking, or seven diamonds, the highest.

Click here to read the Story

http://www.pdonovanlaw.com/Criminal_Defense/Warrants.aspxIn today's Sunday Boston Globe there is an article about the effort in Massachusetts to apprehend people wanted for crimes. Click here to read the story.

This shows that every warrant should be taken seriously. Even if it was mistakenly issued the results can be severe. if you or someone you know has a warrant please contact Attorney Patrick Donovan today.

Massachusetts Warrant Attorney

The judge in O.J. Simpson's armed robbery case is weighing whether to drop any charges against the former football star and whether two co-defendants should be tried separately. Click here to read more

NEWBURYPORT -- A Salem driving instructor who police say had a blood alcohol level of nearly three times the legal alcohol limit pleaded not guilty today in Ipswich District Court to operation of a vehicle under the influence of alcohol.

Ipswich police said Daniel Winsky, 52, whose driving instructor's certificate was revoked by the state in January, works for a private driving school in Ipswich. According to police, Winsky was in the passenger seat instructing two student drivers when he was stopped the day after Christmas. According to the police report, police were notified by an Ipswich woman, Jane Schaller, who spotted Winsky exiting his driving instructor's car and entering the Cumberland Farms in downtown Ipswich.

Click Here to Read The Story

Correct me if I am wrong, but the person charged with OUI was the teacher not the driver. In order for someone to be convicted of drunk driving in Massachusetts the person must 1) Be driving 2) on a public way 3) under the influence. Here, I cannot see how the man charged could be found guilty of driving when he is in the passenger seat. Guilty on being the worst drivers ed teacher. Not Guilty on OUI DWI/ DUI.

Massachusetts takes drunk driving very seriously. The penalties for a first offense are severe and expensive. If you know someone who has been charged with an OUI or DWI/DUI contact Attorney Patrick Donovan today.

John Odgren's lawyer today argued if the grand jury knew of his Asperger's syndrome they might not have indicted him for first-degree murder for stabbing another student at Lincoln-Sudbury High.
Read the Story Here.

Prosecutors are not going forward with a case against a Woburn college student who was accused of raping an unconscious woman inside a men's bathroom at a Boston nightclub earlier this year. Read the Boston.com story

I must give the Suffolk County District Attorney Daniel Conley credit for not taking this case any further. After what we all saw earlier this year in North Carolina with the Duke lacrosse players, it isrefreshing to know that Boston is different.

It is just an absolute shame that a man can be picked off the street and arrested with close to no evidence, and have to post $30,000 bail. Not to mention have to defend against a crime that carries with it a life sentence.
If you or someone you know has been charged with sex crime contact Attorney Patrick Donovan today.

Some Related Links

The Duke Lacrosse Incident

Massachusetts Rape Law

My name is Patrick Donovan and before becoming a criminal defense attorney I was as an Assistant District Attorney in Norfolk County, Massachusetts. There I worked in the Dedham, Stoughton, and Quincy District Courts as well as Norfolk County Superior Court.

I am now a criminal defense attorney. My practice takes me into courtrooms all around the state handling all types of criminal cases.

I hope to blog about the important legal issues that are going on in courtrooms throughout the state and the country. Hopefully, I can add some insights and maybe even some humor to what is going on in our courts.