Criminal Law

February 6, 2017

You’re Not Home – Some Kids Start Drinking at Your House- Are You Responsible?

Most parents understand that it is illegal to provide minors with alcohol, even at a well-controlled, responsible party held at their home. Of course, some still choose to do it. But what if kids consume alcohol in your home without your knowledge? Can you still get in trouble? If you ask Stanford Professor Bill Burnett, who was arrested on 44 counts of contributing to the delinquency of minors in 2012, he would likely give you a resounding yes. Burnett and his wife claim to have provided chips and soda for the kids before going to bed only to be woken up hours later when cops responded to a complaint of underage drinking.

Although Burnett claims to have told his son that absolutely no alcohol was permitted, he was charged under social host laws for each of the 44 teens in attendance at his son’s party that night. Each charge was a misdemeanor offense with penalties of jail time and up to $2,000 in fines. About 18 states have social host liability laws, and Massachusetts is one of them. Social host laws prohibit serving or providing access to alcohol to minors, but simply being present in a home where minors are imbibing – even if you are unaware – may result in legal consequences. In fact, parents may even face criminal charges if they weren’t home during an alcohol-infused teen party. If you are facing charges for providing alcohol to a minor, contact a Boston criminal defense lawyer today.

As stated in Massachusetts General Law Chapter 138 section 34:

February 2, 2017

Can I Clear Up an Outstanding MA Warrant if I’m Out of State?

by Altman & Altman

In most cases, a bench warrant has to be taken care of in person. If you moved to California to avoid another New England winter, you will still have to come back to MA if this is where the warrant was issued. There are some exceptions, but navigating this complex process requires the assistance of a skilled defense attorney.

In certain situations, a lawyer can go to court on your behalf. This is especially true if the lawyer has a good reputation with the court. Several factors will be considered before such an exception is allowed, however. For starters, if the warrant is for a felony, you will almost certainly have to appear in person. If, on the other hand, the warrant is for something minor, such as failing to pay a fine, the warrant may be dismissed once full payment is received. In misdemeanor cases, an out of state client may hire an attorney to stand in for court proceedings. However, as explained above, this will only be approved under certain conditions.

Arrest Warrants

January 26, 2017

Crime and Gang Violence in Boston as We Enter a New Year

by Altman & Altman

Although crime in Boston is reportedly down, murders were up in 2016. There were a total of 47 homicides in Boston last year, which is nine more than 2015. The first homicide of last year was a 16-year-old teen who was shot and attacked with a machete in East Boston. Sadly, he was the third teen to be murdered in that neighborhood in only four months. According to police, all three deaths were part of an initiation for the MS-13 street gang. Suspects are currently awaiting trial.

According to Boston Police Commissioner William Evans, the police department has been cracking down on violent gang activity. “Our No. 1 priority is taking guns off the street and taking the violence out of our communities,” said Evans. “Operation Wolfgang” is a joint effort among federal, state and local law enforcement to seize drugs, cash, and guns and clear the streets of a drug ring known as the Mozart Street Gang.

46 People Overdose Every Day in the US

According to Suffolk County District Attorney Dan Conley, the arrests of nearly three dozen traffickers will save lives. “Traffickers like these, not only do they rob, shoot and even kill their business rivals and innocents who get caught in the crossfire, they’re responsible for the overdoses that claim three times more lives in Massachusetts than handguns and motor vehicles combined,” said Conley. According to FBI Special Agent Harold Shaw, “Drug overdose is the leading cause of injury death in the United States, claiming the lives of 46 people every day.” These arrests are also likely to make a dent in the amount of heroin passing through Boston’s city, and suburban, streets. If you are facing charges for any type of criminal offense, contact a Boston defense lawyer today.

Shannon Grants

MA has awarded $5.7 million in grant funds to support the efforts of law enforcement to clear the streets of gang violence. According to Gov. Charlie Baker, the funds will be distributed to more than a dozen organizations and communities in the Boston area. Part of this funding goes to providing at-risk youth with education and employment opportunities. The hope is that these opportunities will be a welcome alternative for kids who may have otherwise gotten involved with gangs. The so-called “Shannon Grants” are named for Charles Shannon, a police officer who later became a Senator. The cities receiving funding are Boston, Brockton, Fall River, Fitchburg, Haverhill, Holyoke, Lawrence, Lowell, Lynn, New Bedford, Pittsfield, Springfield and Taunton. If you have been charged with a crime, contact a MA defense lawyer today.

Gang violence is a problem in Boston, but sometimes people are simply in the wrong place at the wrong time. If you are charged with a gang-related crime by association when you did nothing wrong, you will need the assistance of a skilled defense lawyer to avoid getting locked up and paying hefty fines. In some cases, simply being photographed with a person who is flashing a gang sign can be enough to convict you of crime by association. Continue reading

January 24, 2017

Is Buying a Gun for Someone Else in Massachusetts Illegal?

by Altman & Altman

The answer to this question is, it depends on the circumstances. A secret purchase made by one person to obtain a firearm for someone who cannot own a weapon is illegal. This is known as a straw purchase. If the person for whom the gun is being purchased is not disclosed to the seller, the seller is not able to run a background check for the intended owner. As background checks are an important component of the purchasing process, the straw purchase is a big no-no. Guns are dangerous weapons, and trying to evade the rules of ownership can put you behind bars.

But What About Gifts?

Straw purchases are illegal, yes, but that doesn’t mean that it’s always illegal to buy a gun for another person. Let’s say I want to buy a gun for my husband, as a gift. I can do this…but I have to follow guidelines set forth by the law. In Massachusetts, residents are required to report any sale or transfer of a weapon within seven days of the sale or transfer. This applies to gifts as well. Yes, you can purchase a gun as a gift for another person. No, you cannot purchase a gun for someone that you know cannot legally own a gun. In fact, doing so is a federal felony. Even if you didn’t know, but should have known, you can be in hot water. If you’re not 100% confident that the intended recipient can legally own a gun, play it safe. You can always go to a gun retailer, purchase a gift certificate, and give that as the gift.

January 23, 2017

Charged with Violating a Restraining Order in MA?

by Altman & Altman

In the state of Massachusetts, a restraining order is also known as a 209A order. If a restraining order has been issued against you and you violate any of its terms and conditions, you have committed a criminal offense. If convicted, you could face up to two-and-a-half years in jail and a fine of up to five thousand dollars. The best advice? Don’t violate a 209A order. But if you’ve made a mistake, or an angry ex has embellished the truth in order to punish you, it’s in your best interest to contact a skilled criminal defense attorney without delay. The law offices of Altman and Altman have been representing individuals charged with violating restraining orders for over 50 years, our experienced criminal defense team is just a phone call away. Our phones are answered 24/7.

If convicted of violating a 209A order, you may be required to complete a “batterer’s program” in addition to jail time and fines. Judges take violations very seriously, and failure to abide by the terms of a 209A order can result in devastating consequences. Four elements must exist in order to convict someone of violating a restraining order.

So, what constitutes a violation? Let’s take a look:

January 23, 2017

Getting Questioned by Police? What are Your Rights?

by Altman & Altman

In just about every interaction with law enforcement, you can refuse to answer questions asked by police. However, depending on the circumstances, the outcome may be somewhat different. Whether or not you are in custody at the time of questioning may play a significant role in how police respond to your silence. Often times the police will want to talk to you regarding a crime that you may be a suspect. Certainly contacting a Boston Criminal defense lawyer is your smartest and safest way to handle this, however, if you choose to speak to the police with an attorney present it’s important to know your rights. Read on to explore three different scenarios and to learn how “staying mum” can impact the outcome of each.

Silence is Golden

If you are stopped out of the blue, you can refuse to answer police questions. Although the well-known Miranda warning (you have the right to remain silent) won’t be read to you in a brief investigatory stop, it is your right to refuse to answer questions. You may also ask if you are being detained. If you are, you must stay present. However, if police say you are not being detained, you can stop talking and slowly walk – don’t run – away. If you are facing charges for any type of criminal offense, contact a Boston defense lawyer today.

January 16, 2017

Prescription Drug Fraud in Massachusetts

by Altman & Altman

Prescription drug abuse is a nationwide problem, and it’s growing. As such, prescription fraud crimes are also on the rise. If you’re facing prescription fraud charges, you could be convicted of drug crimes, but you can also be convicted of forgery. A legal prescription must be signed by a licensed doctor with the appropriate education and credentials to write it. Otherwise, it’s a falsified prescription…and it’s a crime. If you have been charged with prescription drug fraud, contact a Boston defense lawyer today.

Prescription drug abuse impacts all of us. In the United States, approximately 15 million people abuse prescription drugs. That is a higher number than those who abuse heroin, cocaine, inhalants, and hallucinogens, combined. In fact, one survey revealed that about six percent of Americans between the ages of 17 and 25 have abused prescription drugs. In 2005, there were 22,400 drug overdoses in the United States. Of those, 38 percent were the result of opioid painkillers. The most commonly abused prescription drugs are depressants, antidepressants, and opioid painkillers. According to research, one of the problems may be that teens believe prescription drugs to be safer than illegal drugs. About 50 percent of teens surveyed had this misconception.

Fraudulent Prescriptions vs. Valid Prescriptions

January 13, 2017

You can’t hide from an outstanding MA warrant, but you can resolve it. Here’s how.

by Altman & Altman

There are two types of warrants in Massachusetts, arrest warrants and bench warrants. A bench warrant is generally the less serious of the two. These are issued for multiple reasons, including failure to show up at a court hearing or failure to pay child support. Arrest warrants are usually reserved for more serious criminal cases. In the case of a bench warrant, police don’t usually search out and arrest the defendant, but bench warrants are serious matters and should be handled as such. If a bench warrant is issued against you, your name will be entered into a database that can be accessed by all law enforcement at any time. In addition to fines, a bench warrant can put you behind bars. If you have an outstanding warrant, contact a Boston criminal defense attorney today.

You Can’t Hide From a Warrant

Although bench warrants don’t usually result in an active search, they often end up in an arrest. This is because any dealings with the police – even a minor fender bender for which you’re not at fault – can reveal the bench warrant. If a bench warrant remains unresolved, it can also result in the suspension of your driver’s license. Further, you will not be able to renew an expired license until the matter is resolved.

January 10, 2017

Nazi Memorabilia, Guns, and 10,000 Rounds of Ammo Found in Home of Lexington Man

by Altman & Altman

Last week, police announced the seizure of 83 guns, with 10,000 rounds of ammo and a Nazi helmet from the house of a Massachusetts man. Robert Ivarson, 49, of Lexington, is facing civil rights and harassment charges for allegedly littering the driveway of a black family with banana peels. Following the discovery of the weapons arsenal, Ivarson is facing 13 new charges. In addition to the guns and ammo, law enforcement also found 50 pounds of black powder in the man’s residence.

Ivarson faces multiple counts of possession of a firearm without a license, possession of ammunition without a license, and possession of a large-capacity feeding device. He also faces one count of being an armed career criminal. According to investigators, Ivarson was under video surveillance at the time of the banana incident. He allegedly threw the peels onto the victim’s property on three consecutive days. According to CBS, Ivarson is currently on house arrest, facing hate crime charges. He will be arraigned for the weapons charges this week. If you’ve been charged with any type of criminal offense, contact a Boston defense attorney today.

Hate Crimes

According to Massachusetts state Attorney General Maura Healey, there has been an increase in reports of harassment of minorities, immigrants, and Muslims since the election. In response, Healey created a hotline for MA residents to report hate crimes. “This is just about making sure that people understand that we’re going to protect their rights, we’re going to work to protect their safety, and there is no place for bias-motivated threats, harassment or violence anywhere here in Massachusetts,” said Healey.

Hate Crime Punishment

So, what is the punishment for a hate crime in Massachusetts? And what constitutes a hate crime? Generally speaking, a hate crime is a traditional crime that is motivated by a bias toward a person who is a member of a protected group. For example, throwing a rock threw a random window is a crime, but not a hate crime. If, however, the rock is thrown into the window because the occupant is black, gay, Muslim, or a member of another protected group, it is probably a hate crime.

In the state of MA, there are three elements to a hate crime:

Underlying crime: This can be property damage, assault, or battery.
Intent: The act must not have been an accident. Rather, the offender must have acted to intimidate or threaten the victim.
Victim’s protected status: Protected status includes race, national origin, religion, sexual orientation, disability, or gender identity.

Generally speaking, hate crimes are prosecuted by the District Attorney’s Office. In some cases, however, the defendant may be prosecuted civilly instead of criminally, or in addition to criminal charges. If you’ve been charged with any type of crime, contact a Boston criminal defense lawyer today. Continue reading

January 10, 2017

Will Massachusetts Pardon Individuals Locked Up for Marijuana Crimes?

by Altman & Altman

Vermont governor Peter Shumlin recently issued 192 pardons to individuals with marijuana convictions, as long as the offenses were not related to DUI charges or violent crimes. This bold move begs the question, will Massachusetts follow suit? Although pot has been decriminalized in Vermont, the green mountain state still hasn’t legalized recreational use. So, if Vermont can pardon those convicted of pot crimes, can’t Mass?

How can people be locked up for something that is no longer a crime? It’s a good question, and a problem that certain MA lawmakers are trying to resolve. A group consisting of the ACLU, Massachusetts Senator Jamie Eldridge, and Horace Small, the Executive DIrector of the Union of Minority Neighborhoods, is currently crafting new legislation that would apply marijuana legalization retroactively throughout the state. This new legislation would, in turn, free individuals who are behind bars because of pot. “We’ve approved medical marijuana, decriminalization and now legalization. It shows that the voters don’t believe the people who possess or sell marijuana should be in jail,” said Sen. Eldridge in a recent statement to the Boston Globe.

Behind Bars for a Crime That is No Longer a Crime?

If the group gets its way, “offenders” who are in jail for nonviolent marijuana offenses will be released, and their related criminal records will be expunged. In addition to being fair, retroactive legalization would also help alleviate some of the overwhelming costs associated with mass incarceration in MA. “We have to look at releasing folks who are in jail for marijuana crimes that are no longer crimes,” Small said. “It’s only fair now that the prohibition is over to retroactively erase these records. Sometime in the next month or two we’ll have a piece of legislation.”

But not everyone agrees.

Bristol County Sheriff Thomas Hodgson thinks a blanket retroactive measure is unfair. “It’s counterproductive and it undermines the judicial system,” Hodgson said. Further, Hodgson and some others who share his view believe that many offenders are locked up for marijuana charges because of plea deals based on more serious crimes.

But Eldridge and Small agree that releasing violent criminals would be a mistake. “This doesn’t apply to someone working for a cartel or something,” Small said. “We need to look at what’s realistic and what’s over the top — there are a lot of conversations that we need to have.”

It seems that a case-by-case basis for retroactive legalization may be the first step.

In the case of Vermont’s pardoning, the crimes are forgiven and criminal punishments come to a close, but a pardon does not clear an individual’s criminal record. An expungement, on the other hand, does. If Eldridge and Small’s legislation passes, not only will marijuana “offenders” be released from jail, their related criminal records will be wiped clean. If an individual’s pot charge is associated with a violent crime or an OUI, however, expungement is not likely. Immigration status may also come into play. In any case, if you would like to receive an expungement for a marijuana conviction, contact a Boston criminal defense attorney today. Continue reading