Criminal Law

November 23, 2016

I Received a MA Criminal Citation in the Mail – Am I Under Arrest?

If you open the mailbox to find a criminal citation staring back at you, it’s important to act quickly. If the criminal box is checked, you have been charged with a criminal offense. Although you are not technically under arrest, this type of citation is still a criminal accusation. Criminal citations can be sent in the mail or hand delivered by a law enforcement officer. Criminal citations can be issued for multiple misdemeanor offenses, including leaving the scene of an accident, reckless driving, operating under the influence (OUI), driving on a suspended license, and even assault.

What is the Next Step?

Step one is to read the back of the citation. You will have four business days to complete the form and mail back to the court specified on the citation. Mail it to the physical address on the front of the citation, NOT the PO Box. You can also deliver it in person. If the court doesn’t receive your completed form within the four-day window, they may cut you a break. But not always. If you don’t send in the citation at all, you will be automatically charged with a crime. You will receive a notice to appear at an arraignment. If you don’t appear at the arraignment, a warrant for your arrest will be issued.

What Happens After I Return the Completed Citation?

Once the court has received your completed form, you wait. Within a relatively short period of time, you will receive notification of a court date. This initial hearing is called a Clerk Magistrate’s Hearing. The prosecuting officer will present evidence to the magistrate. If the magistrate believes there is sufficient evidence to issue a complaint, the case will move forward. With the help of a skilled criminal defense attorney, you may avoid charges altogether. If a criminal complaint is not issued, the charge will effectively disappear. In short, you won’t have a criminal record…at least not for this particular incident. Contact a Boston defense lawyer today.

Do I Need a Lawyer at a Clerk Magistrate’s Hearing?

Although you don’t technically need to have a lawyer present at the clerk magistrate’s hearing, it is highly recommended to have legal representation. Without an attorney, your chance of success is limited. If the complaint gets issued, the case will move to an arraignment and pretrial. At that time, you will either move forward with a trial or attempt to negotiate a plea deal. All is not lost if you are unsuccessful at the clerk magistrate’s hearing. Even if the complaint is issued, multiple opportunities to get charges reduced or dismissed are still available. If you’ve been charged with a criminal offense in MA, contact a Boston defense lawyer today. Continue reading

November 17, 2016

What Are the Penalties for Driving with a Revoked or Suspended License?

by Altman & Altman

There are multiple reasons for getting your license suspended, from unpaid parking tickets to excessive moving violations, neither of which is a criminal offense. But if you made the decision to drive during your license suspension, you may be facing criminal charges in Massachusetts. Even quick runs to the store or to pick up a friend are not a safe bet on a suspended license. You can be stopped for multiple reasons, even without a moving violation. In addition, law enforcement has a tool called an automatic license plate reader (ALPR) that can read your license plate and determine license status and car ownership.

If you are facing criminal charges for driving on a suspended license, you may be worried about potential penalties and fines, including an extended suspension and possible jail time. These are very real possibilities, but with the help of a skilled Boston criminal defense attorney, you have the best chance of a positive outcome. Saying you didn’t know your license was suspended is not a good defense. However, it is possible to miss a notification. If the judge believes you are sincere, your chances of avoiding further penalties is significantly improved.

What are the Penalties for Driving on a Suspended License?

The type and severity of the penalties you face depends on several factors, such as whether this is your first offense. If this is the first time you’ve been charged with driving on a suspended license, you may face fines of up to $500 and jail time of up to 10 days. If this is your second or subsequent offense, you may spend up to a year behind bars. In addition, the reason that your license was suspended in the first place may affect your charges. For example, if your suspension was due to driving under the influence, a mandatory 60-day jail sentence will follow.

Driving on a Revoked License

If your license was permanently revoked and you got caught driving, the charges may be far more serious. In most cases, you will face a mandatory jail sentence. In all 50 states, your driver’s license can be revoked for multiple DUI convictions, and for the accumulation of a certain number of “countable” violations. Your driver’s license can also be revoked for driving on a suspended license. The violations below can result in a license revocation, but the first offense typically only results in a suspension:

Driving under the influence (alcohol or drugs)
Leaving the scene of an accident where injuries are involved
Failure to respond to a traffic summons
Reckless driving
Drag racing

If you have been charged any of the violations above, contact a Boston defense attorney today. Continue reading

November 15, 2016

SJC Hearing Arguments to Dismiss Over 20,000 Massachusetts Drug Cases

by Altman & Altman

Four years ago, Massachusetts state chemist, Annie Dookhan, was convicted of falsifying drug tests and tampering with evidence in thousands of criminal cases. Although Dookhan has completed her three-year prison sentence, many of the individuals whose drug samples she tampered with are still waiting for their time in court. But many groups, including the American Civil Liberties Union (ACLU) of Massachusetts, think this process has gone on long enough. They want to find a global remedy – dismissal of the approximately 24,000 cases linked to Dookhan.

On Wednesday, the Supreme Judicial Court will hear arguments by the ACLU and state public defenders. These groups want the cases in which Dookhan was involved to be dismissed.

“We think vacating these convictions is required to protect the rights of people who have already served their sentences and are living every day with the collateral consequences of those decisions,” said Matthew Segal, the ACLU’s legal director. “It’s also necessary to safeguard the justice system’s integrity, which has been seriously damaged, not just by the scandal itself but by how it’s been handled.”

Prosecutors Disagree

In the eyes of prosecutors, while some of the defendants may have been negatively impacted by Dookhan’s actions, many others would have been found guilty even if Dookhan hadn’t been involved. Beyond drug tests, additional evidence from surveillance videos, cellphone records, and guns was used in many of these cases. “Every case is different and every case should be approached individually,” said Jake Wark, a spokesman for Suffolk District Attorney Daniel Conley. “Our argument is that a global remedy is no remedy at all.” A similar blanket proposal was rejected in 2015. If you are facing drug charges, contact a Boston defense lawyer today.

The ACLU and public defenders believe that handling each of the 24,000 cases on a case-by-case basis will be extraordinarily time consuming and unfair to defendants. If, for example, there are several thousand defendants whose case will eventually be dismissed when their case is heard, those defendants may have to wait years if a global remedy is not approved. In the meantime, they have to deal with the repercussions of a conviction, such as difficulty finding housing and employment.

According to the Committee for Public Counsel Services, it will take about 24 years for all 24,000 defendants to be assigned to public defenders. But prosecutors believe that is a gross overstatement. “There is now no pending backlog of Dookhan-related cases, and any defendant who wishes to file a motion to vacation or to withdraw his guilty plea or vacate his conviction can do so in the ordinary course of business with no delay,” said Wark. Continue reading

November 14, 2016

What is Disorderly Conduct? Is it a Serious Criminal Charge?

by Altman & Altman

Keeping the peace requires significant “behind the scenes” work in the form of rules, laws, law enforcement, and punishment. Massachusetts Laws establish what we are allowed to do within our state, and any type of behavior that goes against these laws may be punishable. Most states define disorderly conduct as any behavior that is likely to cause alarm, annoyance, or anger to other people, such as fighting or brawling, and public urination. If you engage in these types of activities, you may find yourself behind bars. Every state has different disorderly conduct laws. In Massachusetts, disorderly conduct carries fines of up to $150. But second and subsequent convictions can mean time behind bars with up to six months of jail time and a fine of up to $200. Disorderly conduct is typically a misdemeanor offense, but it can be a felony if the circumstances are especially damaging. For example, calling a school to falsely report a bomb may be a felony offense. If you have been charged with disorderly conduct, contact a Boston defense lawyer today.

What is taken into consideration when determining if an individual has engaged in disorderly conduct? The circumstances of the situation are extremely important; a disorderly behavior may not be considered disorderly if it takes place at another time or in a different location. For instance, shouting in a residential area late at night can be disorderly conduct, but shouting in the same spot at noon the next day may not be. In addition, the prosecution does not need to show that someone was alarmed or angered by the defendant’s actions. They simply has to show that the action would have alarmed a reasonable person.

Location, Location, Location

Disorderly conduct is not something that you do in the privacy of your own home; it takes place in a public location. However, the term “public” doesn’t only refer to large public spaces with lots of people. A stall in a public bathroom and private buildings being used for public rental are both “public” spaces. Any conduct that disturbs even one other person in a public space may be classified as disorderly conduct.

Types of Disorderly Conduct

Fighting: Depending on the circumstances surrounding the encounter, fighting can be anything from disorderly conduct to assault and battery. A simple bar fight that breaks out during a drunken argument between two individuals is typically disorderly conduct. These types of encounters are generally not premeditated, are resolved with relative ease, and don’t result in life-threatening injuries.

Protests and Disturbing an Assembly: Peaceful protests are our right as Americans. However, disruptive or violent protests are not. And disruptive doesn’t have to involve fighting and starting fires; purposely blocking traffic is an example of a non-violent, disruptive protest that could result in a disorderly conduct charge. “Disturbing an Assembly” refers to engaging in disruptive behavior at religious ceremonies, public rallies or protests, or city council meetings.

Public Misconduct: What is acceptable at home isn’t always acceptable in public. Public intoxication, for example, isn’t illegal in the privacy of your home. However, if you leave home and urinate on a neighbor’s car, you may be charged with disorderly conduct.

Disorderly conduct and law enforcement: Police encounters can sometimes lead to disorderly conduct charges. If, for example, you begin verbally threatening a police officer, or you use any type of physical contact, a disorderly conduct charge may follow.

November 11, 2016

How Quickly Can I Take Out a Restraining Order Against My Boyfriend?

by Altman & Altman

If you fear that your boyfriend, ex-boyfriend, husband, or ex-husband may cause you serious physical harm, you may want to obtain a restraining order against him. Fortunately, the process to obtain a restraining order is relatively quick and easy. And it’s free. But what comes next? A simple piece of paper is rarely the end to aggression, especially when it’s fueled by jealousy or desire. Read on to find out what kind of restraining order you need, how quickly you can get it, and what additional steps you can take to protect yourself.

In the state of Massachusetts, there are two types of restraining orders – abuse prevention orders and harassment prevention orders. The type you need is dependent on your relationship with the person you wish to obtain a restraining order against. In the case of a current or ex-boyfriend, you are likely eligible to obtain an abuse prevention order. See the requirements for each type of order below.

An Abuse Prevention Order is Available If:

You are or were married to the person
You are or were living with the person
The person is related to you by marriage or blood
The person is the parent of your child
You have been in an intimate relationship with the person

and

The person caused, or attempted to cause you physical harm
The person caused you to fear that you would be physically harmed
The person forced you to have sex, either physically or by threatening you

A Harassment Prevention Order is Available If:

The person has committed at least three acts that were:

Willful and malicious – to be cruel, hostile, or for revenge
Aimed at you
Intended to make you fearful, to intimidate you, or to abuse you or cause damage to your property

or

The person forced you to have sex, either physically or by threatening you

or

The person committed one of the crimes below against you

Rape or statutory rape
Indecent assault and battery
Assault with the intent to rape
Enticement of a child
Stalking
Harassment
Drugging for sexual intercourse

So, you’ve determined what type of restraining order you need. What’s next? How long will it take to obtain the order? If you are in immediate danger, call the police. The police will handle the immediate danger and will likely advise you to go to Court. Once the immediate danger has passed, it is in your best interest to contact an experienced Boston defense attorney as soon as possible. An attorney can help you request a restraining order by filing something called a Complaint for Protection from Abuse.

Ex Parte Restraining Order

In urgent situations, a restraining order can be issued ex parte, which means “by or for one party”. Basically, this means that only one party – you – must appear in front of the judge to issue the initial order. You will be given temporary protection from the individual in question, until the full hearing occurs. The full hearing is usually scheduled swiftly following the issuance of the temporary order. Ex parte (one-sided) orders are issued when the urgency of the situation deems it necessary to proceed before notifying the other party. Continue reading

November 11, 2016

The Long Term Dangers of Having a Criminal Record

by Altman & Altman

A criminal record is an account of any criminal convictions and charges that you may have, past and present. Having a criminal record can have a severely negative impact on all aspects of your life, from finding a job to driving a car. If you are concerned about how your criminal record may impact your life, contact a Boston defense attorney today.

Having a criminal past can have negative consequences in many areas of your life. Below are some of the most common concerns expressed by individuals with criminal records.

Employment

Unfortunately, finishing your sentence and paying your debt to society doesn’t mean it’s going to be easy to get a job once you regain your freedom. Many occupations require extensive background checks for employment, such as those that involve direct contact with children, law enforcement jobs, and caring for elderly patients or individuals with disabilities. And even if extensive background checks are not necessary, most employers require job applicants to complete a formal application, which often asks if the applicant has ever been convicted of a crime.

Background checks can uncover all kinds of information about criminal history, including past convictions and plea bargains. If, however, information has been erased from a criminal record, the employer will not be entitled to that information. For example, if the applicant’s record was expunged or dismissed, or if the offense occurred when the applicant was a minor, this information will not show up in a background check for employment.

Having a criminal record doesn’t mean you can’t get a job, but you may have a tough road ahead. Much of the outcome will depend on the details of your situation. When were you convicted? Have you gone through any type of rehabilitation program? What crime were you convicted of, and how does it relate to the job for which you are applying? For example, a DUI conviction ten years ago will probably have little to no effect on your ability to get hired as a grocery store clerk. But a conviction of armed robbery five years ago will likely impact your ability to get hired as an aide in a nursing home. If you are concerned about your ability to find a job following a criminal conviction. Continue reading

November 10, 2016

Do I Need a Lawyer for a Clerk Magistrate Hearing in Massachusetts?

by Altman & Altman

If you have been charged with a misdemeanor offense in MA, you have the right to a clerk magistrate hearing prior to the issuance of a criminal complaint. At this hearing, the clerk magistrate will examine the facts of your case to determine if a criminal complaint should be issued, or if you should pay fines or penalties. Many people incorrectly assume that because no criminal charges have been filed, it is unnecessary to have a lawyer present at a clerk magistrate hearing. With the help of a skilled Boston defense attorney, however, you have a much better chance of avoiding criminal charges than if you try to go it alone.

What Can I Expect at a Clerk Magistrate Hearing?

Clerk magistrate hearings are sometimes referred to as probable cause hearings because that is the point of the initial review of potential criminal charges – to determine if there is probable cause to file a criminal complaint. To lessen your chances of a negative outcome, familiarize yourself with the process below:

November 10, 2016

College Students Under Criminal Investigation in MA – What Steps Should You Take?

by Altman & Altman

College students who commit crimes can be prosecuted just like anyone else. In fact, they are often subject to additional penalties by athletic departments or college administrators. As you know Massachusetts is loaded with a number of public and private colleges. Most schools have codes of conduct, especially in the case of student athletes. These codes of conduct include academic standards and how the school deals with inappropriate or criminal behavior, such as drug use or sexual assault. For example, the school may suspend a student athlete from participating in sports activities during an investigation into criminal charges. For particularly serious crimes, the school may suspend financial aid, or even permanently expel the student.

Most Common On-Campus Crimes

All types of crimes can, and have been, committed on college campuses, from DUI to assault and battery, to murder. But certain crimes are committed at a much higher rate than others. The most common on-campus crimes include:

In 2011, the most commonly reported crime on college campuses was burglary, with a total of 6,712 burglaries that year. The previous year had seen 7,241 burglaries.
The second most reported on-campus crime is motor vehicle theft, with more than 1,300 car thefts occurring annually.
The third most common on-campus crime is sexual assault, with 1,153 reported in 2011.

Student Courts

Serious offenses, such as those above, will require non-campus law enforcement. However, small offenses may be dealt with by on-campus student courts. Depending on the offense, the student may represent himself or herself in front of a student court. Less serious offenses include underage drinking, hazing crimes, petty theft, marijuana possession, harassment, and bullying. However, as with any type of crime, most on-campus crimes require the assistance of a skilled defense attorney.

An arrest by campus police can hold the same power as an arrest by state and local law enforcement. Many campus police are branches of local law enforcement and have the same powers to secure a warrant and make an arrest. Even if campus police have limited powers, criminal charges can be filed with local law enforcement following an arrest by campus police.

Do College Athletes Get Preferential Treatment?

In most cases, college students who commit crimes receive the same type of punishment as everyone else. However, a recent study revealed that student athletes are much less likely to be prosecuted than their non-athlete counterparts. The ESPN investigation, which studied 20 campuses between 2009 and 2014, found that football and basketball players at the University of Florida who were charged with criminal behavior, were not prosecuted or had the charges dropped more than half the time. In addition to possible preferential treatment, the report also cited other contributing factors, including access to high-profile attorneys and victim intimidation. Continue reading

November 8, 2016

What is the difference between a Bench Warrant and Arrest Warrant in Massachusetts

by Altman & Altman

Any type of Massachusetts warrant is a serious issue and needs dealt with immediately. However, not all warrants are the same. A bench warrant, for example, can be issued for something as simple as missing jury duty, whereas an arrest warrant is only issued in a criminal case.

Arrest Warrants

When a judge believes there is probable cause that you have committed a crime, he or she will likely issue an arrest warrant. This doesn’t mean you have been convicted of a crime, only that you are being charged. Facts obtained during a police investigation or witness testimony may convince a judge that issuing an arrest warrant is the next step in the process.

November 7, 2016

I Have an Outstanding Warrant in Massachusetts. What Do I Do?

by Altman & Altman

You’ve just discovered that you have an outstanding warrant in Massachusetts – what do you do? It may be a bench warrant, which is typically issued when you fail to pay a fine or miss a court date. Or maybe it’s an arrest warrant for something more serious, such as drug possession or assault. In either case, the last thing you want to do with a warrant is to ignore it. With any type of warrant, police officers can pick you up at any time, at which point you will most likely be placed in custody. Proactively dealing with the warrant, however, can greatly improve your outcome.

Never Ignore a Warrant

Once you’ve learned that you have an outstanding warrant, step one is to contact a Boston criminal defense attorney. A warrant is one thing that will never go away until it’s dealt with. Furthermore, warrants can come back to haunt you. Even a bench warrant for failing to pay child support can become a permanent mark on your criminal record. In future bail hearings or court dates, the prosecution will use those marks against you to build a case against your character. Time heals all wounds, but not when it comes to warrants. Even if you manage to dodge an outstanding warrant for several years or move out of state, sooner or later it will catch up to you.