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William D. Kickham, Attorney at Law

The Kickham Comment - Boston Criminal Attorney Blog

Massachusetts “Three Strikes” Crime Bill Is Passed by House

July 19, 2012 | William D. Kickham, Esq.

Get three criminal convictions against you for a variety of violent crimes, and you’re out of luck. You will lose your chance for parole.

That’s the key message behind the tough-on-crime “three strikes” bill that the Massachusetts House voted in favor of this week. This crackdown bill basically eliminates the possibility of parole for habitual criminal offenders who are guilty of three violent offenses. In addition, those who are given more than one life sentence would also lose their chance for parole. However, the bill also reduces some mandatory minimum sentences for non-violent drug offenders, which is a legislative measure long past overdue, in my professional opinion as a Norfolk County drug charges lawyer.

Today, July 19th, 2012, the legislation heads to the Massachusetts Senate, where it is expected that it will be debated next Thursday. If this bill is eventually passed, it will be a milestone, as there’s been more than decade of stalled attempts to change the way repeat Massachusetts criminals are sentenced.

Massachusetts Supreme Judicial Court Tells Indigent Defendants: Prove It

July 14, 2012 | William D. Kickham, Esq.

In a stunning reversal of the way that things have been done in our legal system in the past, the Massachusetts Supreme Judicial Court now has two words for defendants who “claim” to be indigent, and need a free, court-appointed lawyer: “Prove it.”

That’s right. You see, prior to this landmark decision this past week, almost anyone could claim to be indigent (poor,) and get a court-appointed public defender, simply based on that person’s claim of “indigency.” The Massachusetts Probation Department is principally responsible for “vetting” (determining) if a defendant really qualifies for public counsel, and little in the way of serious documentation is needed to prove this claim.

This method has been rife with problems. As a Dedham and Boston criminal defense attorney, I see it all the time in the courtroom. Many criminal defendants, who don’t want to pay on their own for an attorney, simply make a claim of indigency, and faster than you can say “lawyer,” that defendant is almost always appointed a public defender (known in the court system as a “bar advocate.”) Defendants claiming indigency typically only have to fill out a form claiming his or her unimpressive financial status, and that defendant is almost routinely appointed a free lawyer to represent him or her. In my view as a Norfolk County criminal lawyer, that takes public defense funds away from the truly poor people who do need it, and that’s just not right.

State Lawmaker Arrested for Alleged Domestic Assault

July 10, 2012 | William D. Kickham, Esq.

As a Boston criminal defense attorney, I want to again say upfront that all persons are innocent until proven guilty.

Still, it is always surprising when a lawmaker is charged with assault, because the court of public opinion always seems to assume that he is guilty.

This past week Carlos Henriquez, a first-term state representative from Dorchester, stands accused of Boston assault and battery involving allegedly repeatedly punching and choking a 23-year-old college student. She says that she escaped early Sunday morning only by jumping out of a moving car on the Fenway.

Whitey Bulger’s Lawyers Want Gag Order On Government Files Lifted

July 7, 2012 | William D. Kickham, Esq.

Should the world know about all the shenanigans and unethical behavior involving James “Whitey” Bulger and the government?

That is the question that was just brought to US Magistrate Judge Marianne Bowler last week in Boston.

Bulger’s lawyers want to be able to speak publicly about the documents that the government has on Bulger – all 300,000 of them – because they want to tell the world what these documents say. However, they can’t do that right now.

What Happens After I’m Arrested In Massachusetts?

July 4, 2012 | William D. Kickham, Esq.

We hope the our readers are having a safe and happy Fourth of July. While this is a great time of year with a lot of celebrations, unfortunately a lot of arrests also happen over this holiday. So with that reality in the background, read on!

Of course no one ever wants to get arrested (unless you’re George Clooney, whose recent arrest due to his Sudan protest made headlines back in March). But if you do find yourself arrested in Massachusetts for DUI or another crime, over this Fourth of July holiday weekend or in the future, there are several things that you should know and bear in mind, so you do not have to deal with the anxiety of “the unexpected.”

After an arrest – say, for alleged Dedham shoplifting, or a Foxboro assault and battery — you will be verbally given your Miranda rights, and taken to a police station in the town or city where the crime allegedly occurred. There, you will be photographed, fingerprinted, and booked for the alleged crime. At that time all of the items in your possession will be taken from you and inventoried, including your cell phone and wallet. Afterwards, you will be placed in a cell. You will be allowed a phone call.

14 Massachusetts Arrests Made in Alleged Teen Prostitution Ring

July 2, 2012 | William D. Kickham, Esq.

It’s the world’s oldest profession – and by the looks of things, the perpetrators – and victims — of prostitution are getting younger and younger.

Recently, police in three Massachusetts communities arrested three alleged pimps and 11 other people suspected of Massachusetts prostitution crimes. According to authorities, the arrests also took one underage girl off the streets. From last Thursday through Saturday, more than 2,500 state, local, and federal officers worked in 57 cities and towns nationwide to rescue 79 youths, and also arrested 104 alleged pimps, the Federal Bureau of Investigation announced Monday. In all, 11 people in Massachusetts were charged with exchanging sexual conduct for a fee.

The three-day undercover effort, which was held nationwide, was code named Operation Cross Country. It was organized by the FBI. Local police departments and the Massachusetts State Police cooperated. In Massachusetts, it involved 14 suspects in Malden, Saugus, and West Springfield. Its goal was to target teenage sex trafficking.

Taunton High School Teacher Faces Second Rape Charge

July 1, 2012 | William D. Kickham, Esq.

To be charged with rape at all is a devastating criminal charge. But things have gotten a lot worse for a Taunton High School teacher, for whom things have gone from bad to really, really bad.

Patrick Doyle, a 33 year-old teacher at Taunton High School, had already been charged a little over a week ago with statutory rape of a Taunton High School student. At his arraignment on that charge of statutory rape, Mr. Doyle was released on bail, which a judge set at $100,000.00. In my experience as a Norfolk County rape defense lawyer, that’s a high bail for a defendant facing this charge, with no prior offenses. But, at least he was released on bail, and, according to news sources, Mr. Doyle had not yet been fired. After his first arraignment, he was placed on administrative leave pending the outcome of the trial.

Recently, things have gotten a lot worse for Mr. Doyle. Late last week, the Bristol County District Attorney’s office brought a second rape charge against the Taunton High School teacher, this time for Aggravated Rape and Distributing Obscene Materials to a Minor. It is alleged with this second offense that the rape took place inside Taunton High School, and due to the allegations, this second offense was filed as Aggravated Rape, Because of this, the court revoked Mr. Doyle’s bail and he was placed behind bars. Worse, a conviction on a charge of Aggravated Rape carries a mandatory minimum prison sentence of ten years. A “mandatory minimum” sentence means that if a jury finds the defendant guilty of the charge, the judge has NO CHOICE but to sentence the defendant to a minimum ten years in state prison. As you can see, the penalties for some Massachusetts sex offenses are extremely severe.

Massachusetts Juveniles Can Appeal Mandatory Life Sentences For Murder

June 26, 2012 | William D. Kickham, Esq.

It made headlines today in The Boston Globe and countless other newspapers across the U.S.: The United States Supreme Court, in a divided decision, struck down mandatory life-without-parole sentences for juveniles who are, or were, convicted of murder. The court ruled that such sentencing statutes violate the ban against “Cruel and Unusual Punishment” imposed by the Eighth Amendment to the United States Constitution.

This decision nullifies Massachusetts law regarding juveniles convicted of murder, and throws the doors wide open as to sentences of 61 Massachusetts prisoners, who, over the past four decades, were juveniles ordered to spend the rest of their lives in jail. There will, no doubt, be a bevy of appeals now that the Supreme Court justices have made this ruling, and courts may have to hold new sentencing hearings.

As a Norfolk County criminal defense lawyer, I applaud this decision. I firmly believe that the law, as it stood, was much too severe and harsh on juvenile defendants, who not only are not adults, and are not mature in their decisions and actions, but who arguably have greater prospects for reform. I’m glad that the court recognized the juvenile offenders should be treated differently than adults, in terms of possible sentencing for life without parole following a conviction of first degree murder.

Massachusetts Arrest Involves “Deadly” Weapon: French Fries

June 25, 2012 | William D. Kickham, Esq.

If you’ve ever wondered just how easy it is to get yourself arrested, and might need the services of a Norfolk County criminal defense attorney, wonder no more.

This past week, a 26-year-old man was arrested, for allegedly throwing hot McDonald’s French fries at his young stepdaughter. The alleged incident occurred in Lowell, where James Hackett allegedly had an argument with his wife. When his stepdaughter chimed into the conversation, Mr. Hackett allegedly threw the hot French fries at her. At this writing, the stepdaughter is not seriously hurt. No real surprise there.

Mr. Hackett pleaded not guilty to Lowell assault and battery with a dangerous weapon and is free on bail. How Lowell police concluded that a french frie was a dangerous weapon, is a stretch to say the least.

Boston Drug Arrests Include Alleged Intent To Distribute

June 23, 2012 | William D. Kickham, Esq.

As a Norfolk County drug crimes attorney, I know and understand how serious the law is when it comes to Massachusetts drug crimes. Drug offenses, after Massachusetts DUI offenses, are some of the most common criminal charges prosecuted in our state. Judges and prosecutors do not take these cases lightly – in fact it’s just the opposite – these crimes are very aggressively prosecuted, and the penalties are very severe.

And it doesn’t take much to get yourself arrested for a Massachusetts drug crime. For example, if you are stopped by police for any reason and they find prescription drugs on your person — but you do not have the prescription bottle with you at that moment — you could actually be held by police and charged with illegal drug possession.

So it’s not surprising that there was a major Boston drug sweep this past week. Fifteen people in South Boston were arrested on various Massachusetts drug charges including alleged drug possession, alleged distribution of Class A, B, and C substances and alleged intent to distribute drugs. Boston Police said that its officers will continue in this crackdown, which they refer to as Operation Three Ring.

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