Articles Posted in Criminal Law

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In Massachusetts, public intoxication is not a crime, but other alcohol-related issues may be. For example, if police are called because a “drunk man” is wandering around a residential neighborhood, the man will likely be assisted home, or into protective custody until he sobers up. However, if that same man gets angry and punches an inquisitive neighbor moments before the police arrive, he may end up facing assault charges.

In addition to assault charges, people who are publicly intoxicated can make a slew of other illegal mistakes, such as getting behind the wheel of a car or vandalizing the property of another. Police may also discover other issues when questioning an individual who appears to be intoxicated, such as finding a weapon or illegal drugs on his or her person. However, public intoxication itself remains a nuisance, not a crime. If you are arrested for alcohol-related charges, contact a Boston criminal defense attorney today.

When public intoxication becomes enough of an issue that law enforcement steps in, the intoxicated individual can be taken into custody. This does not constitute an arrest. Police may escort the person home, to the hospital, or even to the police station for protective custody. If police determine that the hospital or police station is the appropriate destination, they must first inform the intoxicated individual of his or her right to take a breathalyzer test. Once the person sobers up, he or she may be released from protective custody.

What is Disorderly Conduct?

As public intoxication is not a crime, there are no specific penalties. That is, unless aggravating circumstances existed, such as drunk driving, possession of weapons or drugs, assault, or disorderly conduct. In fact, charges of disorderly conduct or disturbing the peace often accompany public intoxication cases. So, what actually constitutes disorderly conduct?

You are considered to be a “disorderly person” if you engage in fighting, threatening behavior, excessively noisy behavior or violent behavior, or if you purposely create dangerous conditions to annoy or scare others. For example, you can be arrested for disorderly conduct for screaming in a residential neighborhood late at night. You can also be charged with disorderly conduct for excessively using lewd or offensive speech in public.

If you are convicted of disorderly conduct or disturbing the peace, you may receive a fine of up to $150 for a first offense. If this is your second or subsequent conviction, you may spend up to six months in jail and receive a fine of up to $200. If you have been arrested for disorderly conduct, contact a Boston defense lawyer today. Continue reading

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A recent report issued by the AAA Foundation for Traffic Safety titled “Unlicensed to Kill” focuses on unlicensed drivers on America’s roadways. According to the report, approximately one out of every five fatal vehicle crashes involves an unlicensed driver, or a driver whose license is in question by law enforcement. The report goes on to say that about 8,500 fatal car accidents are caused by unlicensed drivers annually. If you have been injured in a motor vehicle accident involving an unlicensed driver.

The Link Between Fatal Crashes and Unlicensed Drivers

Research has revealed that individuals with license suspensions and cancellations are more likely to use excessive speed, drive under the influence of drugs or alcohol, and to be distracted while driving. Of the fatal accidents caused by unlicensed drivers, about 30 percent are caused by drivers who have had at least three license suspensions or cancellations in the previous three years. “It’s like a revolving door. These people are being suspended and suspended and suspended again, and still, they’re driving,” said Lindsay I. Griffin, researcher at the Texas Transportation Institute at Texas A&M University.Young adults, between the ages of 21 and 34, are the most likely to have a revoked or suspended license. Most disturbing, in nearly 50 percent of the fatal accidents involving an unlicensed driver, the driver was under the influence of drugs or alcohol.

No License, No Insurance

Drivers without valid licenses are not eligible for motor vehicle insurance, which means that recovering damages in an accident involving an unlicensed driver is more difficult. Uninsured and underinsured motorist coverage can be added to your existing insurance policy to protect you against extreme losses. This type of coverage will cover full or partial damages if you’re in an accident with a driver who doesn’t have liability insurance, or whose liability limit is too low to cover your expenses. If you don’t already carry uninsured or underinsured motorist coverage, it is in your best interest to add this coverage to your existing policy today. The cost is generally quite small, but it could make a world of difference if you’re involved in an accident with an this type of driver.

How to Avoid an Accident Involving an Unlicensed Driver

It’s impossible to identify unlicensed drivers while you’re driving, so how do you avoid a collision with one of these unlawful drivers? The best way to avoid an accident with any negligent motorist is to always remain alert when driving. Stay focused on the road and avoid distractions, such as texting or talking on the phone, adjusting the stereo or navigation system, and eating or applying makeup. Defensive driving is the single best protection against car crashes. Maintain plenty of distance between you and the vehicle ahead of you, drive at or under the speed limit, and avoid vehicles that appear to be speeding or driving erratically. Continue reading

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Shoplifting may sound like a minor charge, but a criminal record is never a laughing matter. It can come back to haunt you for years, affecting your ability to get certain jobs, find housing, or obtain custody of your children. A shoplifting conviction can even destroy your credit and bank account. If you have been charged with shoplifting, or any form of theft, contact a Boston defense attorney today.

Was it a Mistake?

Getting caught “red handed” can be embarrassing, especially if the shoplifting accusation is a mistake. If you were not charged for an item or the cashier neglected to remove the sensor from a garment of clothing, you could find yourself unfairly accused of stealing. If you wish to fight the charges against you, the first step is to hire a skilled criminal defense attorney as soon as possible.

Criminal Record

In Massachusetts, shoplifting is included under criminal larceny statutes, which make the act of taking property without permission a crime. But will a shoplifting conviction go on your criminal record? The answer to this question is generally dependent on the severity of the charge. If the item you were attempting to steal was of exceptionally little value, such as a pack of gum, and there were no aggravating circumstances, you will likely receive a criminal citation. This may not go on your criminal record. However, if you are caught shoplifting three Macbooks, you will likely be charged with a misdemeanor or felony offense. In the second scenario, the conviction will definitely show up on your criminal record.

Credit Troubles

A shoplifting conviction can cost more than fines, jail time, and a criminal record. It may also ruin your credit. In many cases, a shoplifter will receive a civil demand letter which requires them to reimburse the store for what they stole or damaged. This is in addition to the fines associated with the crime itself. If the shoplifter refuses, or is unable to pay, he or she may receive a negative civil judgment. This could, in turn, affect his or her credit. If you are facing shoplifting charges, contact a MA defense attorney today.

Shoplifting Penalties

The penalties for shoplifting vary widely, but the guidelines below provide a good indication of the penalties you might face if you get caught shoplifting:

  • Shoplifting merchandise valued at less than $100: With no prior offenses, you will likely only receive a fine of up to $250.
  • Shoplifting merchandise valued at up to $100 with no more than one prior offense: A fine of up to $500.
  • Shoplifting merchandise valued at up to $100 with at least two prior offenses: Up to two years in jail and a fine of up to $500.
  • Shoplifting merchandise valued at more than $100: Up to two-and-a-half years in jail and a fine of up to $1,000.

Shoplifting charges don’t always result in a conviction. By working with a skilled defense attorney, your chances of reduced or dismissed charges are greatly improved. There are many defenses against shoplifting charges, including a mistake made by the store, a mistake made by a witness, or failure to prove all elements of the shoplifting charge. Continue reading

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If you can’t afford bail, what do you do? Well, the short answer is, you stay in jail. But there are limits on the amount of bail a court can impose on an individual, based on unique circumstances of that case. If bail seems disproportionately high, a skilled defense attorney can help you get your bail reduced through something called a bail reduction hearing.

How is Bail Set?

The purpose of bail is to ensure that defendants show up for trial. Basically, it’s a form of collateral. The amount of the bail is generally dependent on three factors:

  • The severity of the crime
  • The defendant’s flight risk
  • The risk to the community if the defendant is released from jail

Excessive Bail

“Excessive bail” is prohibited in the Constitution, but it does not go on to define what excessive bail means. For this reason, the Supreme Court ruled that bail should not be so high that it forces the defendant to remain behind bars. The Supreme Court also ruled that it is up to individual courts as to whether a defendant has a right to bail; in some cases, he or she may be refused bail entirely. However, a “compelling governmental interest” has to be shown to refuse a defendant’s right to bail, pending trial.

The Constitution, and a federal statute known as the Bail Reform Act, provide defendants with the right to request a bail reduction when the initial amount is too high. If this is the case, the defendant will ask for a bail reduction hearing. If a defendant cannot afford to pay the bail, and it can be shown that he or she is not a flight risk and poses little to no danger to the public, it can be argued that the imposed amount is akin to a denial of bail.

If a bail reduction hearing is requested, the court must consider this argument. However, there is no rule stating that bail should be easy to pay. In fact, as stated in the Bail Reform Act, the courts can set bail “to induce a defendant to go to great lengths to raise the funds without violating.” In other words, it can be challenging to raise the imposed bail, but not impossible. The good news is, “excessive bail” is a very subjective term. With the help of a highly skilled criminal defense lawyer, your chances of having bail reduced are significantly improved. Contact a Boston defense attorney today.

In much the same way that the defendant can request a bail reduction, the prosecution can request a bail increase. If the prosecution convinces the court that the defendant is a flight risk or a serious threat to the public, this request may be approved. Additionally, if the court suspects that bail funds were acquired through illegal activity, such as drug sales, a subsequent hearing may be held. For all of the above reasons, it is essential to have a knowledgeable, experienced defense attorney by your side through the entire process. Contact a Boston defense law firm today.

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In Massachusetts a  209A order is a type of protective order, also known as a restraining order, intended to protect a person from abuse by a family or household member, or from someone with whom they’ve had an intimate relationship. It differs slightly from a restraining order in that it provides protection from “domestic” abusers, whereas a restraining order serves to protect an individual from any random person, such as a neighbor.

Also known as an Abuse Prevention Order, 209A protective orders do more than just “restrain” an abuser. It is considered a civil case when one person files a 209A protective order against another person. It is not a criminal charge, therefore, no arrests will be made and no fines will be imposed. Instead, the individual accused of abuse will be ordered by the court to avoid doing certain things, such as calling, emailing, or coming to the accuser’s home or place of employment. If, however, the person ignores these orders and continues the abuse, he or she may be in violation of the protective order. This is a crime and may result in arrest and the filing of criminal charges. A violation can result in up to two-and-a-half years in jail and a fine of up to $5,000. If a 209A protective order has been filed against you, contact a Boston defense attorney today.

Ex Parte

Both parties need not be present to obtain a 209A protective order. The order can be issued ex parte, which means only the accuser must appear before the judge. If the judge feels confident that a domestic relationship existed between the two parties, and that the accuser fears imminent harm, the judge will issue a temporary order. This order is good for up to ten days, at which point a full hearing will be conducted. If a 209A protective order is issued at the hearing, it can be in effect for up to one year. At the full hearing, the person being accused of abuse can, and should, be present; this hearing is the accused’s only opportunity to oppose the order.

Consequences of a 209A Protective Order

If a 209A protective order has been filed against you, it’s important to be aware of the many consequences involved. In addition to fines and possible jail time for violating any part of the order, the order will appear on your criminal record. This is true even when no violations occur. If you have a gun license, you will be ordered to turn any firearms into law enforcement. A 209A protective order can also have a severely negative impact on divorce and child custody proceedings. It is crucial that you consult with an experienced criminal defense lawyer the moment you learn a 209A protective order has been filed against you. Abuse and restraining orders are not to be taken lightly. If the order was issued based on a lie, a skilled attorney may help you get it expunged from your record. Contact a MA defense attorney today. Continue reading

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Criminal conspiracy is a plan made by two or more people to commit a criminal act, so long as the people involved agreed to commit the act and took action toward its completion. The act itself need not be a crime if those involved intended to break the law. Consider the following scenario: Don and Brenda plan to burglarize a home. They take steps to complete the act – planning the burglary, purchasing face masks and a crowbar, and driving to the house they plan to burglarize. Upon arrival, the would-be burglars are chased away by the unexpectedly at-home residents. Although they didn’t commit burglary, Don and Brenda can still be charged with conspiracy to commit burglary.

Does the Conspiracy Need to be in Writing, or Otherwise Expressly Conveyed?

No. Written proof of Don and Brenda’s plan to commit burglary isn’t necessary, nor is a verbal agreement such as, “I agree to burglarize 501 Sampson Street with you.” If the action of “two or more guilty minds” can be shown, an implicit agreement is usually sufficient evidence to convict. What is an implicit agreement? If there is evidence of an agreement, such as a planning meeting, a witness who claims to have seen Don and Brenda staking out the house in question, or testimony from a Wal-Mart clerk that Don and Brenda purchased two sets of black gloves and a crowbar one day prior to the attempted burglary, the prosecution can argue the existence of an implicit agreement.

Intention Means Everything

In addition to agreeing to commit the unlawful act, all parties must intend to carry out the act. For instance, simply being present when a group of friends agrees to commit a crime doesn’t necessarily make you part of the conspiracy. If, for example, peer pressure makes you say you’ll help friends rob bank, but then you don’t participate in the actual robbery, you probably won’t be charged as a conspirator.  If you’ve been charged with conspiracy to commit a crime, contact a Boston defense lawyer today. Continue reading

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Background checks are widely used by employers during the pre-employment screening process in Massachusetts and across the country. Depending on the type of background check used, it can show everything from the level of education you’ve attained to whether or not you make your car payment on time each month. Information about credit history, however, is actually declining as a component of background checks, due to controversy. Lots of folks think it’s unfair to base an individual’s employability on his ability, or lack thereof, to make his mortgage payment back in 2011. Criminal background checks, on the other hand, are becoming more prevalent, and thorough, every year. Read on for more information about pre-employment background checks and how they may affect you. If you still have questions, contact a MA defense lawyer today.

Driving History

These reports are especially important to employers when hiring for a position that requires the applicant to drive a company vehicle. A driver history report uncovers whether or not the applicant can legally drive, if he or she has a history of traffic-related drug or alcohol offenses, and if the applicant can be insured to operate a company vehicle. A report from the Department of Motor Vehicles (DMV) shows vehicle-related convictions (such as OUI), actions taken by the DMV (such as license suspension due to excessive points), and past and current addresses used by the applicant.

Criminal Background Checks

This type of background check is commonly used by employers, a fact which shouldn’t be a surprise. For starters, adult convictions are almost always public record, meaning the information can be obtained by anyone with the desire to do the research. If you’ve been convicted of a felony or misdemeanor offense, you’d better believe it’s going to show up in a pre-employment background check. If you’ve been charged with any type of crime, contact a Boston defense lawyer today.

Infractions

What’s an infraction? Technically speaking, an infraction is not a crime. A good example of an infraction is a traffic ticket. The good news – you don’t really need to worry about infractions, and you generally aren’t required to report them to an employer. For example, you wouldn’t list last year’s speeding ticket on an employment application (unless of course you were drunk and in possession of a gun at the time).

What About Probation and Outstanding Warrants?

Probation is a period of court supervision. As an alternative to a jail sentence, probation is treated similarly for reporting purposes. If you are on active probation, it will almost certainly show up on a background check. Likewise with outstanding warrants. If a report shows that you have an outstanding bench or arrest warrant, most employers will immediately disqualify you from the application process. Being a “fugitive” of the justice system doesn’t usually bode well with potential employers. Of course, if the outstanding warrant appears to be a mistake, there may be some room for discussion. But that’s generally the exception, not the rule. Continue reading

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In Massachusetts, getting charged with a firearms or weapons offense is serious business. MA is exceedingly tough when it comes to gun laws. This is for obvious reasons; misuse of guns can quickly and easily lead to serious injuries and death. If you have been charged with any type of firearms or weapons offense, it is in your best interest to contact a MA criminal defense attorney immediately. Don’t take these charges lightly; this is not the time to hire a cut-rate lawyer or attempt to represent yourself.

Gun Controversy

Gun laws have been surrounded by controversy for years, and the issue isn’t likely to go away anytime soon. The 2nd Amendment does, indeed, guarantee the right to bear arms, but individual states can regulate use. Massachusetts criminalizes many weapons-related actions, from carrying weapons deemed excessively dangerous to using a silencer. Read on for more information about weapons laws and how they can impact you.

What is a “Dangerous” Weapon?

You can be charged with carrying a dangerous weapon for multiple reasons. Depending on the unique circumstances of your case, you can end up behind bars for more than two-and-a-half years if you’re convicted of this offense. You may be facing these charges for:

  • Possession of a machine gun
  • Possession of a sawed-off shotgun
  • Possession of brass knuckles, throwing stars, or nunchucks
  • Having any type of firearm in your vehicle without the proper permit

Silencers

Silencers muffle the sound of a gunshot. In MA, it is illegal to sell, use, or possess a silencer. If you are found in violation of this law, you may be facing felony charges.

Carrying a Loaded Gun While Intoxicated

It is a felony to carry a loaded firearm while under the influence of alcohol, marijuana, or narcotics. If you are facing charges for this type of offense, contact a Boston gun crimes lawyer today.

Carrying a Shotgun or Rifle on Public Grounds

If you are caught carrying one of these types of firearms on public grounds, such as a sidewalk or street, you can face up to two years in prison, if it’s loaded. If the weapon happens to be a loaded “large capacity weapon”, which refers to a semiautomatic weapon with a capacity for multiple rounds, you may be looking at a sentence of up to 10 years. If it’s unloaded, you may be let off with a fine.

Committing a Felony While in Possession of a Firearm

Committing a felony is bad. Committing a felony while you have a gun in your pocket is even worse. For a first offense, you will likely receive a mandatory minimum sentence of five years in prison. Second and subsequent offenses carry a minimum of 20 years in prison. And this is in addition to penalties associated with the underlying felony. Bottom line – don’t commit a felony, and definitely don’t commit a felony while carrying a gun. Continue reading

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A wrongful act that is punishable by law is called a crime. Although types and frequency of crime vary widely from place to place, nationwide statistics provide a clearer picture of which criminal offenses are most common in the United States. According to the most recent FBI report, the six most common crimes, in order, are property crimes, drug violations, alcohol-related crimes, violent crimes, and disorderly conduct. Read on for more information about these crimes and what types of behavior they encompass. If you are facing criminal charges, contact a Boston defense lawyer today.

Property crimes:

These types of crimes are typically centered around a property, not a person. For example, theft is a property crime because it involves taking another person’s property without the person’s consent, but robbery – which is another form of theft – is a violent crime because it involves physical harm or threats. Property crimes include:

  • Burglary: Unlawful breaking and entering
  • Larceny-theft: Unlawful taking of property from another’s possession, such as pickpocketing
  • Motor vehicle theft: Taking or attempting to take a motor vehicle from its owner
  • Arson: Willfully burning a property – including your own – with malicious intent

Drug abuse and related offenses: These offenses include unlawful use or possession of illegal drugs, or the manufacture and sale of narcotic drugs. The most common drugs involved in drug abuse violations are cocaine, opium, marijuana (although this becomes legal in MA on December 15, 2016), and synthetic narcotics. Nonnarcotic drugs, such as barbiturates, can also result in drug violations under certain circumstances. If you are facing drug charges, contact a Boston drug defense lawyer today.

Crimes involving alcohol:  These include operating under the influence (OUI), illegal behavior as a consequence of drunkenness (bar fights, public urination), and the violation of state or local liquor laws.

Violent crimes: If the crime involves causing physical harm to another, making a threat of physical harm to another, or attempting to cause physical harm to another, it is considered a violent crime. Violent crimes include murder, manslaughter, robbery, forcible rape, and some types of child abuse and elder abuse.

Disorderly conduct: When your actions result in a public disturbance but present no serious danger to the public, you may be arrested for disorderly conduct. Also known as “disturbing the peace”, disorderly conduct includes screaming obscenities in a public place, shouting late at night, and fighting that doesn’t result in serious injuries. Alcohol is often a factor in disorderly conduct cases.

Fraud: When a person or entity misrepresents certain information so that another person responds to that information in a specific way, it is known as fraud. Typically, the misrepresentation results in the victim’s financial loss. Examples of fraud include identity theft and various kinds of scams. If you’ve been charged with committing fraud, contact a MA defense lawyer today. Continue reading

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If you had a few drinks, you shouldn’t have gotten behind the wheel…but you did. Now you see blue lights flashing in your rearview mirror. What do you do? The good news is, you were stopped before anyone was seriously injured. The bad news is, you may be charged with operating under the influence (OUI). There are certain steps you can take during the stop and investigation to increase your chance of a more favorable outcome. Read on for information on what to do in this situation.

First things first, in the future, do not get behind the wheel if there’s any chance you might be impaired. In MA, a blood alcohol level (BAC) of .08 or above is over the legal limit for driving. For many people, two drinks can put them over the legal limit. If you have been charged with OUI, contact a Boston defense lawyer today.

Know that, if you get stopped, it is the law enforcement officer’s duty to investigate the scene. If he or she believes you may be intoxicated, a criminal investigation may ensue. As such, law enforcement will be gathering evidence from the start. Anything you say or do, along with physical evidence, such as a half-empty beer bottle, bloodshot eyes, slurred speech, or the smell of alcohol on your breath, can be used against you. Therefore, it is crucial that you do not provide more evidence than is absolutely necessary. While bloodshot eyes and an odor of alcohol are difficult to hide, you can refuse to answer certain questions.

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