Boston Criminal Lawyer Blog

February 4, 2025

Resolving Outstanding Warrants in Massachusetts

Outstanding warrants disrupt lives, creating constant uncertainty about potential arrests and the legal consequences that follow. If you have an active warrant in Massachusetts, addressing it immediately is critical to avoid unnecessary complications. Warrants authorize law enforcement to detain you at any time, turning routine interactions, such as a traffic stop, into high-stakes situations. Taking action to resolve the matter helps you regain control and limit further legal challenges.

Outstanding warrants are court orders issued for various reasons, including failure to appear in court, violating probation terms, or criminal allegations. Massachusetts courts issue two primary types of warrants: arrest warrants and bench warrants. Arrest warrants arise from probable cause that someone has committed a crime, while bench warrants typically result from procedural issues like missed court appearances. Regardless of the warrant’s origin, the outcome is the same—an arrest that can disrupt your personal and professional life.

The Real-Life Impact of Outstanding Warrants

An active warrant isn’t just a legal issue; it can profoundly impact daily life. The possibility of arrest looms over routine activities, from driving to work to interacting with law enforcement. A simple traffic stop could lead to immediate detention if officers discover an outstanding warrant. This reality complicates everyday tasks, especially for those unaware that a warrant has been issued.

January 10, 2025

Massachusetts Court Discusses Self-Defense in Recent Ruling

by Altman & Altman

A recent Massachusetts court decision highlights the complexity of the self-defense doctrine in Massachusetts criminal cases. The ruling offers valuable insight into how courts evaluate self-defense arguments and the evidence required to support such a defense. For those facing charges involving allegations of violence, understanding the legal framework surrounding self-defense is critical.

The Facts of the Case

The case arose from a confrontation that escalated into physical violence, leaving the defendant charged with serious crimes. The defendant claimed they acted in self-defense, asserting that their actions were necessary to protect themselves from harm. However, the prosecution argued that the defendant’s response was excessive and unjustified under the circumstances.

Central to the court’s analysis were the facts surrounding the incident, including the level of force used, whether the defendant reasonably believed they were in imminent danger, and whether there was an opportunity to retreat safely. These elements are key under Massachusetts self-defense laws and significantly impact the outcome of such cases.

September 24, 2024

What Are the Penalties for Driving with an Expired or Suspended License in Massachusetts?

by Altman & Altman

In Massachusetts, driving with an expired or suspended license is a serious offense that can result in significant penalties, including fines, additional license suspension, and even jail time. Understanding the legal ramifications of these violations is essential for anyone who finds themselves facing such charges.

The Difference Between Expired and Suspended Licenses

Expired License: An expired driver’s license means that the validity period has lapsed, and the license is no longer legally acceptable for driving until it is renewed. Driving with an expired license is generally seen as a less severe offense compared to driving with a suspended license.

June 6, 2024

What Are the Penalties for Refusing the Breathalyzer in Massachusetts?

by Altman & Altman

Driving under the influence (DUI) in Massachusetts carries severe penalties for those convicted. One of the key aspects of DUI enforcement is the administration of breathalyzer tests, which measure a driver’s blood alcohol content (BAC). While many are familiar with the consequences of failing a breathalyzer, fewer people understand the ramifications of refusing one.

Massachusetts operates under an “implied consent” law. When you obtain a driver’s license in the state, you automatically consent to submit to chemical tests (breath, blood, or urine) if a police officer suspects you of driving under the influence. This law aims to deter drunk driving and ensure public safety. Despite the law, studies show that refusal rates have been increasing, partly due to heightened awareness of the consequences of high BAC readings. In fact, of the more than 7,500 DUI arrests in 2019, approximately 15% involved breathalyzer refusals.

Penalties for Refusing a Breathalyzer

April 5, 2024

What happens if I miss my criminal court date in Massachusetts?

by Altman & Altman

The short answer is that likely a warrant has been issued for your arrest. That may, however, sound scarier than it is. Usually, your mistake is correctable if handled correctly and thoroughly. There are many factors which will ultimately determine what consequence, if any, there will be for you missing your court date. Ultimately, a District Attorney and/or Judge will consider an unlimited amount of factors when deciding upon how to handle your missed court date. Factors include but are not limited to: the reason(s) why you missed the court date and proof thereof, when you attempt to address the default/warrant/missed court date, what your prior record consists of, what the charges are, what your work, family and medical status is and, really, almost an infinite amount of factors that may be unique to you and your case.

It is critical, when you do decide to go to the court to remove the warrant/resurrect the case, that you come in as prepared as you possibly can be. This could be the difference between having the case dismissed that day, having the pendency of the case handled with you in custody or having the pendency of the case handled with you at home.

It is always a good idea to have the police report in hand and analyzed prior to going into court. This will help you address potential concerns or questions that a District Attorney and/or a Judge may have concerning your case. If you get in front of and are prepared for these questions, it will likely prove to make a very important difference in how the case is handled.

September 27, 2023

An overview of what happens at an arraignment in Massachusetts

by Altman & Altman

What is an arraignment? An arraignment is usually how a criminal case commences against you. There are exceptions to this general rule, which I shall talk about later. At an arraignment, typically a plea of NOT GUILTY is entered against you and a Pre-Trial Conference date set. Arraignments can be as uneventful as that or incredibly impactful and quite eventful.

The more eventful and impactful arraignments involve setting bail and even potentially holding you in jail during some of the pendency of the case. It could also involve you being ordered away from a person or place or ordered not to operate a motor vehicle or to wear a GPS ankle bracelet.

An important aspect of being arraigned is that, in some sense of the word, you now will have an entry on your Board of Probation record or CORI. In other words, you will now have a criminal record. In substance and in the law, you really do not have a criminal record, per se, as you have not been adjudicated as guilty, but if one were to search your record, there would be an entry. It is critical to try to avoid this if it is at all possible. Having a case resolved/dismissed prior to arraignment is crucial and always worth attempting using a variety of avenues to accomplish as such.

August 29, 2023

Man Convicted of Murder in 32-Year-Old Massachusetts Cold Case

by Altman & Altman

Three decades after the death of a 17-year-old Malden girl, a Middlesex jury found a Georgia man guilty of her murder. Rodney Daniels, 50, was convicted of first-degree murder this month for shooting Patricia Moreno on the fire escape of her apartment on July 20, 1991.

Moreno had been staying at the home with her foster mother, the woman’s two teenage daughters, and Daniels, who was the older daughter’s boyfriend. Daniels admitted being home at the time of the killing, according to a press release by the Middlesex District Attorney, but said he had been sleeping.

No weapon or cartridge casing was recovered from the scene and no witnesses could identify the shooter. Although police investigated the murder extensively at the time, they were not able to gather enough evidence to make an arrest. Moreno’s case went cold — until a few years ago.

May 2, 2023

Over 27,000 Massachusetts Drunk Driving Convictions Called Into Question

by Altman & Altman

If you were convicted of drunk driving in Massachusetts, you may qualify for a second chance. The Massachusetts Supreme Judicial Court (SJC) ruled in April that due to problems with certain breath test machines — and the state’s handling of the issue — around 27,000 people can request to withdraw their guilty plea or seek a new trial.

The ruling follows an investigation revealing that breathalyzers used in a Massachusetts forensic testing lab may have malfunctioned over a period of nearly eight years, leading to potentially faulty results. Citing “egregious government misconduct,” the SJC ruled that alcohol breath tests performed on the devices between June 1, 2011 and April 18, 2019 must be excluded from criminal prosecutions.

Misconduct at State Testing Lab

May 2, 2023

What are the Criminal Consequences of Leaving the Scene of an Accident in Massachusetts?

by Altman & Altman

If you have a car crash in Massachusetts, you are legally required to stop your vehicle and exchange information with the other parties involved. But drivers sometimes leave the scene of an accident for a variety of reasons: they are unaware of the collision, they have issues with their insurance or driver’s license, or they simply panic and drive away.

While you may know you should stop at the scene of an accident, what happens if you don’t? Hit and run violations can have potentially serious consequences including traffic tickets, suspension or loss of your driver’s license, legal fines, probation, and even jail time. The exact criminal penalties for leaving the scene of an accident in Massachusetts depend on the specifics of the crash, including what kind of damage or injury occurred.

What Constitutes a Hit and Run in Massachusetts?

June 20, 2022

What Constitutes Disorderly Conduct in Massachusetts?

by Altman & Altman

What Constitutes Disorderly Conduct in Massachusetts?

Over 2,000 people a year find themselves under arrest for disorderly conduct in Massachusetts. But what exactly is disorderly conduct? Often used as a catch-all offense when someone acts in a way that is likely to upset others, disorderly conduct actually applies to a range of activities. So if you engage in any number of behaviors that annoy the public at large, you may face a charge of disorderly conduct in Massachusetts.

While each state has its own laws about what constitutes disorderly conduct, Massachusetts defines it as “behavior that tends to disturb the public tranquility or to alarm or provoke others.” It includes fighting and threatening, engaging in agitated behavior that causes a public nuisance, and acting in a way that poses a hazard to public safety or creates a physically offensive condition for no justifiable reason.