Criminal Law

November 4, 2016

What should I do if I Receive a Massachusetts Criminal Complaint in the Mail?

Well, kind of. If you opened your mail and found what you believe to be a criminal complaint, it is more likely a summons to appear in court for criminal allegations being made against you. The summons will either be for an arraignment or a clerk magistrate’s hearing. If it is for an arraignment, then you are being summoned to a formal reading of the criminal charges against you. At the arraignment, you will be expected to enter a plea. So, although the document you are holding in your hands is not an official “criminal complaint”, it functions as such.

It is a common misconception that these types of documents must be served in person, not through the mail. But the reality is, you can receive a summons in the mail. If you’ve recently found such a document in your mailbox, don’t fret. The initial communication is just step one. You have not been convicted of the offense, only charged. The summons will provide a date for you to appear in court for the arraignment or clerk magistrate’s hearing. Prior to that date, or at the actual arraignment, a lot can change. With the help of a skilled criminal defense attorney, your chances of getting the complaint dismissed increase substantially. If, on the other hand, you attempt to proceed without representation, you may not like the outcome. Contact a Boston criminal defense lawyer today.

What Does the Summons Tell Me?

Summonses, which can and often do arrive by certified mail, list the following information:

The defendant
The date on which the alleged offense occurred
The alleged offenses and whether they are felonies or misdemeanors
Description of the alleged facts pertaining to each offense

When a summons is sent by certified mail, it is typically for misdemeanors and less-serious felonies. People don’t get charged with murder through the mail.

What to Do if You Receive a Summons in the Mail

Contact an experienced Boston criminal defense attorney immediately.
If you are being summoned to a clerk magistrate’s hearing, this is a step before the arraignment. The clerk magistrate will determine if there is probable cause to file a formal complaint. You should have representation here as well. If things don’t go well and you are arraigned, the situation can become complicated very quickly.
If you are being summoned to an arraignment, you have one last chance to defend yourself before the case goes to trial. Once again, if you have skilled legal representation, your chances of success are significantly greater. If the judge is convinced that the charges lack necessary evidence to file a complaint, you’ll at least buy yourself additional time. Sometimes, the charges are dropped altogether.

Whatever you do, don’t simply ignore the summons. Not appearing for your arraignment will not make it go away. Quite the contrary. If you ignore or forget the date, the court will likely issue a warrant for your arrest. Continue reading

November 4, 2016

If You Get Caught Driving Without Insurance in MA, Can You be Arrested?

by Altman & Altman

Massachusetts is cracking down on people who drive without auto insurance. The penalties are severe. But can you be arrested for driving without insurance? The short answer is, it depends. In the state of MA, individuals who are caught driving a motor vehicle without the required minimum coverage may face numerous penalties and fines. Whether they see jail time or not depends on several factors, namely if it is their first offense or a second or subsequent conviction. If you’ve been charged with driving without insurance, contact a Boston defense attorney today.

Is this your first offense?

If it is, you will likely be subject to a 60-day license suspension and a fine of up to $500. You may also be required to pay an upfront premium for one year of motor vehicle insurance at the highest rate class. The premium payment is used to counteract potential collection costs, among other things, such as programs to reduce fraud and arson.

Is this your second or subsequent offense?

If this isn’t your first offense, you will likely lose your license for up to one year, and may face fines of up to $5,000. Even worse, you may spend some time behind bars. Second and subsequent convictions may result in up to one year in a state prison. The bottom line is, driving without insurance can have a seriously negative impact on your life. You can end up in jail, in a financial hole, and with a record – all because you operated a motor vehicle without adequate insurance coverage.

Did you cause an accident?

If you were involved in an accident while driving without insurance, you will likely face stiffer penalties than those mentioned above. This is especially true if your accident resulted in property damage or bodily injury. In addition to penalties, fines, and the potential for extended jail time, causing property damage or physical harm while driving uninsured also makes you financially responsible for the damages. If you don’t have the funds to pay another person’s medical bills and property damage expenses, you should avoid driving without insurance. But sometimes hindsight is 20/20. Of course, if you were engaged in other criminal activity at the time of the offense, such as driving under the influence of drugs or alcohol, the penalties and fines will increase accordingly.

Consult with an Experienced Criminal Defense Attorney

The good news is, in any of the above situations, the help of a skilled criminal defense attorney can make all the difference in the world. Multiple defenses exist to assist people facing these types of charges; and with knowledgeable representation, you may see your charges reduced, or dropped altogether. If you’ve been charged with driving without insurance, contact a Boston criminal defense lawyer today. Continue reading

November 3, 2016

Larceny charges in Massachusetts – What you need to know

by Altman & Altman

Larceny is the unlawful taking of another person’s property without their consent. For petty larceny of items valued at under $250, the offender will face a misdemeanor charge with up to one year in jail and fines of up to $300. Grand larceny, also known as grand theft, is a felony offense in Massachusetts. A charge of grand larceny could land you in state prison for up to five years, with fines of up to $25,000. If you’ve been charged with larceny, contact a Boston criminal defense lawyer today.

Larceny charges are serious. But the good news is, if you’ve been accused of larceny, a Boston criminal defense attorney with extensive experience fighting larceny cases may help you walk away with reduced charges, or no charges at all. It is up to the prosecution to prove, beyond a reasonable doubt, that your actions met all the elements required to be considered larceny. The elements of larceny are:

Unlawful taking and carrying away of
another person’s property
without that person’s consent,
and with the intent to permanently deprive that person of his or her property.

If any of the above factors are not present, the charge of larceny may be reduced or dropped altogether. If, for example, the prosecution cannot show that your intent was to permanently deprive the owner of the item you took, the act may not be considered larceny. This is where having skilled legal representation can be the difference between a clean record and time behind bars. Contact a Boston larceny defense lawyer today.

Did Your Actions Constitute Larceny?

Larceny can be complicated. As in the above example, if one of the elements of larceny is not present, larceny may not exist. However, if all elements were initially present, but you attempted to correct your actions, larceny may still exist. For example, if you felt guilty the next day and attempted to return the item you took, this does not absolve you from any wrongdoing. If you committed larceny prior to returning the stolen item, you may still be charged with larceny. However, a knowledgeable lawyer may be able to show that the act of returning the item proves that your intent was not to “permanently deprive the person of his or her property”, one of the necessary elements of larceny. Continue reading

November 1, 2016

MASSACHUSETTS MOTION TO SUPPRESS EVIDENCE ISSUES COMMON IN CAR STOP CASES

by Samuel Goldberg

In my last two postings, we have been discussing the arrest of unfortunate gent who was pulled over, contraband was allegedly found in his car and he turned out to be someone other than he said he was. He was, by the way, someone with an outstanding warrant hanging over his head and someone we hereinafter refer to as the “Defendant”. The case is from the Salem News .

We have been focussing on the criminal procedure aspect of the case. Namely, a potential motion to suppress in the case to prevent the Commonwealth from prosecuting this case.

Attorney Sam’s Take On Search, Seizure And Car Stops

Now, understand that we are simply going off the article here and we are giving full faith and credit to the facts alleged therein. The article is based upon what law enforcement says happened which means that, for this blog, we must presume that those facts are the truth.

As any regular reader to this blog knows, a motion to suppress has nothing to do with guilt or innocence. Like us, the court generally takes the Commonwealth’s version of the facts as true. The issues in a motion to suppress are fairly limited.

September 9, 2016

CRIMINAL APPEAL BEFORE SJC IN POLICE OFFICER MURDER CASE IS SUCCESSFUL

by Samuel Goldberg

I have been bouncing back and forth between the Boston Police Union vs. Body Cams follies and the return to…that other Department…in terms of topics for the blog this week.

I think, as a prelude to both, I should bring you a case in which the Supreme Judicial Court has just agreed that Mr. Sean Ellis (hereinafter, the “Defendant”) should be granted a new trial.

According to the Boston Herald , the Defendant was charged with shooting and killing Police Officer John Mulligan at approximately 3:30a.m. on September 26, 1993. The Defendant was convicted after trial in 1995.

According to the Commonwealth, Officer Mulligan had been on a security detail at the time. Allegedly in his car, asleep.

For some reason, the case was tried several times before he was finally convicted in 1995 and sentenced to a life sentence.

As it turned out, however, there were issues which dwelled beneath the simplistic view of the shooting which the Commonwealth wished to share with either the jury…or the defense.

September 2, 2016

BOSTON POLICE DEPARTMENT CONTINUES THE PUBLICLY FUNDED FIGHT TO AVOID SCRUTINY

by Samuel Goldberg

Ok, I know that when I left off in my last blog, I indicated that I was going to return to the topic of a particular mismanaged blight on the Massachusetts landscape that is being slipped a pass by our governor…but that will have to wait until next week.

Despite how it may seem, I have great respect for police officers. I do, however, recognize that some of them do bad things. To me, if you are hired to be a hero five days a week, it does not entitle you to act like a criminal on the other two.

I also have to recognize lunacy when I see it. And, dear readers, I have to admit that this seems like lunacy.

The Boston Herald tells us that the Boston Police Patrolmen’s Association is now seeking an injunction to prevent the department from ordering police officers to wear body cameras as part of the pilot program slated to begin next week.

August 30, 2016

A LONGTIME BOSTON CRIMINAL LAWYER PAYS HOMAGE

by Samuel Goldberg

As you may recall, I have been entrenched in the criminal justice system, as well as a few related arenas, for over 30 years. Over the last several years, I have been doing so as Of Counsel at Altman & Altman, LLP in Cambridge

The last few years, of course, have also brought me the noteworthy Ian Keefe as my associate here.

Yesterday, as I was busy turning 57 years old, I took some time, as we often do at birthdays, taking stock of the situation.

You know, there is a reason that the recognition on www.Expertise.com I recently got mentioned both Altman and me.

Altman & Altman, LLP is primarily a personal injury law firm. However, the Altmans realized the wisdom in having other attorneys, like me, around so that their clients can receive expert representation in other areas of law as well.

August 24, 2016

BOSTON SHOOTINGS, POLICE CAMS AND YOU (Part Three)

by Samuel Goldberg

Well, apparently, we are actually getting started.

The Boston Police Department’s body camera pilot program is now being launched with 100 officers selected by a department consultant after none volunteered.

Ruffled blue feathers? Maybe. But progress has been made according to Boston University’s NPR station, WBUR,

The six-month trial starts today with two days of training. It goes live next month.

The 100 officers are said to be racially and gender diverse. According to the police department, 55 of them are white, 29 are black, 13 are Latino and 3 are Asian. Eighty-seven of the 100 are men. You can figure out how many are not,

The officers are scheduled to patrol some of the city’s high-crime neighborhoods, college student enclaves and tourist hotspots.

Activists had called for this program for a while, since the police shooting of Michael Brown in Ferguson, Missouri, two years ago.

Controversy dogged the start of the program, however. Some of that still exists as the NAACP has questioned why a disproportionately high number of black officers are wearing the cameras, while others wondered why the largely Latino East Boston neighborhood is not included

And so it goes.

Attorney Sam’s Take On Perspective…Blue And Darker

“Sam, what’s the big deal here? Why is this so important?”

July 15, 2016

HOW THE POKEMON – MASSACHUSETTS CRIMINAL LAW COMBINATION COULD GET YOU ARRESTED…OR WORSE

by Samuel Goldberg

There are various periodicals we lawyers read to keep up with not only what is happening system-wide, but also what is up with the rest of the world which we might be missing due to the myopia of our work. One which I quote from often (and thankfully returns the favor from time to time) is the Massachusetts Lawyers Weekly . Another is the American Bar Association Journal . The latter has given me the idea for today’s blog.

According to the Journal, “Pokemon characters are on the loose, and it’s your job to catch and collect them.”

I suppose to those “in the know” that sounds fun. While I don’t know how this works in the “augmented reality” of Pokemon, I do know that not everything that is fun in this world is safe if you would like to keep living in relative freedom.

We are talking about the new “Pokemon Go” app, which uses your phone’s GPS and clock to detect where you are and make Pokemon characters appear on your phone screens. “The Pokemon characters may be in public places such as parks, beaches and even bathrooms, and players have to go to the locations to find them.”

Sounds safe enough, right?

Well, maybe not so much.

June 9, 2016

Charged With Resisting Arrest in Massachusetts? What Should you Do?

by Altman & Altman

Technically, resisting arrest is defined as the crime of using physical power to avoid arrest, handcuffing, or transporting the accused to jail. In reality, any action to prevent one’s arrest or being taken into custody can leads to the charge.

Like the charge of disorderly conduct, determining the bounds of resisting arrest is largely up to the officer’s discretion, keeping in mind state guidelines and laws.

In most states, including Massachusetts, if the arresting officer exercises excessive force that result in “great bodily harm”, the accused has the right to defend him or herself. Usually, the circumstances are considered from the standpoint of a “reasonable person”, meaning if someone reasonable would consider the officer to be using excessive force then it is considered just that. Of course, this is eventually for a judge or jury at trial to decide.