Boston Criminal Lawyer Blog

September 1, 2017

Charged with Illegal Possession of a Firearm in MA? What you Need to Know

There are few things as controversial as the debate about the right to own a firearm in this country. Gun ownership is a constitutional right, but many people are prohibited from owning one. This is especially true in Massachusetts. Although the Second Amendment guarantees the right to bear arms to every citizen, regulations surrounding use and ownership are left to the state. In MA, firearm use and ownership is highly regulated and laws are strictly enforced.

Proper enforcement of gun laws is important given the dangers of misuse. But mistakes and misunderstandings happen. If you were charged with illegal possession of a firearm, a skilled Boston defense attorney can help you protect your rights. In MA, you may be facing illegal possession charges if:

You are found in possession of a firearm without the required license.
You are found in possession of an illegal firearm, such as a machine gun or sawed-off shotgun.

In the first scenario above, a mandatory minimum sentence of 18 months in prison may follow. Possession of a sawed-off shotgun or machine gun, however, carries even stiffer penalties. For this crime, you could be facing life in prison. MA’s gun laws are among the harshest in the country. A MA criminal defense attorney can help you determine how to proceed if you’ve been charged with illegal possession of a firearm.

Other Types of Possession Charges

In some cases, a person can commit a gun crime even if he is licensed to own the gun and the gun meets state regulations. Some of these situations include:

Possession of a Firearm During the Commission of a Felony Offense: If you are found in possession of a firearm while committing a felony, you can be charged for more than the underlying crime. For example, if you are arrested for a fourth-offense OUI with your gun in the car, you will likely be charged with a felony OUI offense and a firearm violation, even if you are normally allowed to carry the gun. The penalties if convicted of this crime are serious – a mandatory minimum of five years in prison. And this is above and beyond the penalties for the underlying crime.
Carrying a Loaded Firearm While Intoxicated or Under the Influence of Drugs: If you are carrying a gun while drunk or drugged, you may be looking at up to two-and-a-half years behind bars and a $5,000 fine.

If you are facing illegal possession charges, you might think there’s no hope. But a knowledgeable lawyer can be of immense benefit to the outcome of your case. For starters, he or she will analyze whether your rights were violated during the arrest. If they were, some of the evidence used against you might have to be thrown out. For example, if the gun was seized from your home or vehicle during an “unreasonable search,” that evidence cannot be used to prosecute you.

In other cases, you may have been unaware that you possessed the weapon at the time of the arrest. For example, if you are found in a vehicle with a gun in the glove compartment, but you were unaware of its presence, a knowledgeable attorney may be able to get the case dismissed. Continue reading

August 31, 2017

Been Charged With Criminal Harassment in MA? Here’s What You Need to Know.

by Altman & Altman

The term harassment can be used to define many types of criminal behavior, including stalking and infliction of emotional distress. There is also civil harassment, which is often referred to in workplace contexts. For example, when a female worker is fired because she didn’t respond to her male superior’s requests for a date, this may be a form of workplace sexual harassment. Although this type of civil harassment is unlawful, it is not punished as a criminal act. The male superior might lose his job, but he isn’t likely to go to jail.

In MA, you may be convicted of criminal harassment if the prosecution can show that you willfully and maliciously engaged in conduct that would cause emotional distress in a reasonable person. Typically, the defendant and the victim know each other. In many cases, harassment follows the end of a romantic relationship. Maybe the person who broke it off no longer wanted to be contacted, but the other person wasn’t ready to let go. Regardless of the reason, it’s a criminal offense to purposely cause another person to feel emotional distress.The penalty for criminal harassment is up to two-and-a-half years in jail and a fine of up to $1,000.

The Four Elements of Criminal Harassment

August 31, 2017

Dealing With Domestic Abuse Charges in MA

by Altman & Altman

People make mistakes, and couples fight. When that fighting becomes physical, criminal charges may follow. But what if you were both drinking and things just got a little out of control; she pushed you and you pushed her back. Nobody got hurt, but in her intoxicated state, she called the police. When the officers arrived, she exaggerated the situation, saying you pushed her into the wall and her head has been throbbing ever since. You are arrested and charged with domestic abuse. In the light of day, she regrets what she did…but it’s too late. Or is it?

Record

Create a written record of the night’s events. If police ignored your claims during the arrest, they may not have written an accurate report. With time, even your memory about the situation will begin to fade. Write down what happened as soon as you can. A MA defense attorney can help you protect your rights, reputation and freedom if you’ve been charged with domestic abuse.

Witnesses

If anyone witnessed the incident, or has witnessed past incidents that could corroborate your story – see if they are willing to provide a sworn written statement, or an audio or video recording. Also, if anyone will testify that the alleged victim was drunk the night of the incident, this information can help you challenge his or her credibility.

Text Messages

In today’s world, text messages are an extremely useful piece of evidence in criminal cases. A string of belligerent text messages from the night of the incident can provide unparalleled insight into a person’s thoughts and feelings at a specific moment in time. Social media and email can be just as useful.

Dress to Impress

Conservative, business attire should be worn at all meetings, court hearings, and in any court setting. Tattoos and facial piercings should be covered if possible. Fair or not, it is human nature to judge a book by its cover. When it comes to criminal cases, you want to be judged in the most favorable light possible.

Consult with an Experienced Attorney

Domestic abuse cases are not something you want to attempt to handle on your own. A skilled Boston defense attorney can help you determine how to proceed if you are facing domestic abuse charges. Your attorney will know what questions to ask to position you for the best possible outcome. For example, if the alleged victim lied about the abuse, what motivations did he or she have to lie? Is there any unexplored evidence? What might negatively impact the alleged victim’s credibility?

Affidavit of Non-Prosecution

If the alleged victim lied – and felt badly about it soon after – he or she may decide to drop charges. But alas, in the state of MA, the accuser cannot just drop charges. Once a report is made, remorse isn’t enough to stop the freight train that will follow. If the alleged victim signs an Affidavit of Non-Prosecution, however, a dismissal may be easier to achieve. An Affidavit of Non-Prosecution is a sworn statement from the alleged victim, requesting to stop prosecution. Continue reading

August 24, 2017

Reduction in Drug Crime Penalties in Oregon May be “Bellwether” Legislation for National Reform

by Altman & Altman

In 2015, Oregon legalized recreational marijuana. To date, seven states and the District of Colombia have adopted full legalization, and 26 states have legalized marijuana in some form. But what about more serious drugs like crystal meth and cocaine? There are no plans to legalize narcotics in the near future, but reduced penalties are on the horizon.

Drugs, Amounts, and Penalties

A new law in Oregon will reduce first-time possession of certain drugs from a felony to a misdemeanor. As with most criminal offenses, penalties will be largely dependent on prior history and the particulars of the case. For example, individuals with prior felony convictions and those who are found in possession of commercial quantities of a drug are not likely to receive the benefits of this new legislation. Specific drugs and amounts covered by this statute are as follows:

August 17, 2017

What are the Criminal Penalties for Driving Uninsured in Massachusetts?

by Altman & Altman

In MA, drivers are required to carry liability insurance. The minimum requirements are $20,000 per person for bodily injury, $40,000 per accident for bodily injury, $8,000 for personal injury protection, and $5,000 to cover property damages and a portion of uninsured/underinsured motorist protection. Driving without insurance, or with a policy that doesn’t meet these minimum requirements, is a civil motor vehicle infraction (CMVI) in MA.

Is Driving Without Insurance a Crime?

It depends. If this is your first offense, chances are you won’t see jail time. However, if this is a second or subsequent offense, or someone was injured, it might be a different story entirely. Even if you are not criminally charged, a first offense does carry fines and a license suspension. In addition to a $500 fine, you are likely to lose your license for 60 days and pay an additional $500 to get it reinstated.

At first glance, jail time and hefty fines may seem a harsh punishment for neglecting to purchase auto insurance. But there’s a reason why motor vehicle insurance is so important. If you are involved in a collision, people could be seriously injured or killed. What if you are the at-fault driver? Who will pay the medical expenses and lost wages for those who are injured? Who will cover funeral expenses if someone is killed?

Generally, these expenses are at least partially covered by the at-fault driver’s insurance policy. If you drive without insurance, accident victims could be facing more than injuries; they could also be facing a financial catastrophe. For this reason, it is required by law to carry auto insurance before you take to the open road. A MA defense lawyer can help you protect your rights if you are facing penalties for driving without insurance.

Penalties for Operating an Uninsured Vehicle

MA is tough on drivers who hit the roadways without insurance. Even for a first offense. But what about second and subsequent offenses?

If a second offense occurs within six years of your first offense, you are looking at a fine of up to $5,000, a one-year license suspension, one year in jail, and a $500 license reinstatement fee. That’s a lot of money and time behind bars. The moral to this story? Don’t drive without insurance. But if you made a mistake, an experienced Boston defense attorney can help you determine how to proceed.

Disputing a Citation for Driving an Uninsured Vehicle

If you have received a CMVI citation, it’s in your best interest to contact an attorney immediately. You have 20 days in which to request a hearing, and pay the corresponding fee to the Massachusetts Registry of Motor Vehicles. But you have to do it right. Failure to pay your fine, or file a dispute in a timely manner, can result in additional fines and the suspension of your license. Continue reading

August 17, 2017

What is the Difference Between Indecent Assault and Aggravated Sexual Assault in MA?

by Altman & Altman

Sexual assault is a serious crime, and MA punishes it harshly. It is loosely defined as the unwanted and offensive sexual touching of another. The type of touching can vary widely; forced penetration is one form of sexual assault, but so is slapping a woman’s buttocks without permission. In the example of forced penetration, the crime would likely be elevated to rape.

At Altman & Altman, LLP, we understand that humans make mistakes. Further, sometimes jealous or disgruntled ex-lovers – or individuals who wish to seek revenge – make false accusations. A Boston criminal defense attorney can help you protect your rights if you’ve been charged with sexual assault.

Indecent Assault and Battery vs. Aggravated Sexual Assault

There are two types of sexual assault: indecent assault and battery, and aggravated sexual assault. In the aforementioned scenario, grabbing or slapping a woman’s buttocks without her permission would fall under the category of indecent assault and battery. If, however, the offender slapped the woman’s buttocks and pushed her to the ground, causing injury, the offender may be charged with aggravated indecent assault. If the injuries were so severe that the victim required medical attention, the charges would likely be elevated to aggravated sexual assault, which carries significantly harsher punishments. In any of the above scenarios, if the victim was forced, coerced, or manipulated into unwanted sexual contact, criminal charges will almost certainly follow.

Penalties for Sexual Assault

In MA, a conviction of sexual assault is likely to result in jail time and inclusion on the Massachusetts Sex Offender Registry. The following information provides additional details about the different types of indecent assault and battery and aggravated sexual assault crimes in MA, and the penalties offenders may face. A MA criminal defense attorney can help you protect your rights, reputation, and freedom if you’ve been charged with sexual assault or any type of criminal offense.

Indecent Assault and Battery when the victim is over the age of 14: This includes any touching that is “fundamentally offensive to contemporary moral values,” such as the touching of genitals, breasts, or buttocks. This crime may result in up to five years in prison.
Indecent Assault and Battery when the victim is under the age of 14: When the acts above are committed against a child under the age of 14, the penalties increase substantially. This is because a minor under the age of 14 cannot consent to any type of sexual touching. The penalty for this criminal act is up to 10 years in prison.
Indecent Assault and Battery when the victim has an intellectual disability: Penalties of up to 10 years in prison, with a minimum sentence of five years.
Indecent Assault and Battery when the victim is elderly or disabled: Penalties of up to 10 years in prison when the victim has permanent or long-term physical or mental impairments.
Aggravated Indecent Assault and Battery when the victim is under the age of 14: This is a felony offense and may carry a sentence of life in prison. The minimum sentence is 10 years.

August 15, 2017

Day Care Worker Facing Charges After Child Dies in Parked Van

by Altman & Altman

A horrific tragedy earlier this month reminds us that a vehicle can quickly become deadly on a hot day. Last week, the body of three-year-old Myles Hill was discovered in a parked van at the Little Miracles Academy day care center in Orlando. The little boy, along with several other children, had been transported from one of Little Miracles’ locations to another. When the child was found, authorities believe he had been in the van for nearly 12 hours.

According to police reports, Myles’ grandmother called the center when he didn’t get dropped off in the afternoon. Employees reported that the child had never been seen at the center that day, prompting an immediate investigation into his whereabouts. At about 8:30 that evening, Myles was found on the floor of the van, which had been parked at the center since 9:00 a.m. Outside temperatures had reached 93 degrees that day.

No Head Count

August 14, 2017

Martin Shkreli Convicted of Federal Fraud

by Altman & Altman

Earlier this month Martin Shkreli, the man who became infamous for jacking up the price of an AIDS medication, was convicted of securities fraud for the mismanagement of investment funds. But even a criminal conviction doesn’t seem to have humbled the 34-year-old pharmaceutical company founder. Shortly after the guilty verdict, Shkreli began a YouTube live stream from his New York apartment. As he held a beer, Shkreli predicted that a prison sentence – if he actually gets one – will be akin to a Club Med trip, where he’ll play sports and Xbox for a few months.

$11 Million Ponzi Scheme

Shkreli is accused of running a Ponzi scheme that cheated investors out of millions. More than $11 million, to be exact. The fraudulent activity allegedly occurred between 2009 and 2014, while Shkreli was CEO of Retrophin, the pharmaceutical company he founded. According to the prosecution, he used Retrophin funds to pay off investors and cover personal debts, while misleading investors as to how well their funds were performing.

“Shkreli misled investors in his self-indulgent scheme,” said FBI Assistant Director-in-Charge William Sweeney. “Today’s conviction shows that those who corrupt the market will ultimately be brought to justice.” A Boston criminal defense lawyer can help you determine how to proceed if you’ve been charged with securities fraud or any other crime.

The Most Hated Man in America

Two years ago, Shkreli gained notoriety when he dramatically increased the cost of a lifesaving AIDS medication from $13.50 per pill to $750. Soon after, the Daily Beast called Shkreli the “most hated man in America.” Despite the hate, Shkreli also – disturbingly – gained some fans. He quickly acquired a YouTube following of about 200,000; streaming video of himself playing games in his pajamas and out gallivanting around New York.

In response to his recent conviction, Shkreli had the following to say: ”This could have been a real big setback for my life, but it’s gonna end up being a footnote in my life.” He believes he has no more than a “50-50” chance of ending up behind bars, and that any jail time would likely be short lived. He went on to say – speaking in the third person, “It doesn’t seem like life will change very much for Martin Shkreli, basically ever. I’m one of the richest New Yorkers there is, and after this outcome, it’s going to stay that way.” Despite his social media-bravado, if convicted, Shkreli may face up to 20 years in prison. A MA criminal defense lawyer can help you protect your rights if you’ve been charged with securities fraud.

Penalties for Securities Fraud

Individuals convicted of securities fraud may face both civil and criminal penalties. These may include:

Fines of $10,000 or more
Fines of up to $5 million, if insider trading is involved
Probation
Restitution (money paid to victims, in addition to fines)
Incarceration in a federal prison

August 11, 2017

Department of Justice Forms Opioid Fraud and Abuse Detection Unit

by Altman & Altman

Addiction to opioid pain killers has reached epidemic proportions. In fact, some studies estimate that more deaths are caused by opioids, such as oxycodone and OxyContin, than motor vehicle accidents in the United States. The government and law enforcement agencies nationwide are struggling with how to respond to this ever-growing problem. Police are cracking down on illegal possession and distribution, but the process has not been easy. For starters, opioids are legal with a valid prescription. Further, the problem is more likely to be resolved with education and rehabilitation; jail time and criminal penalties often do more harm than good.

Most people who become addicted to opioid pain killers start with a legal prescription. Opioids are often given after painful surgical procedures that require long-term recovery, such as hip replacements and back surgeries. But even lesser injuries, such as carpal tunnel syndrome, may be treated with opioid pain killers. The ease with which some doctors prescribe these highly-addictive drugs, and the drug manufacturers’ eagerness to fill those prescriptions, is at the center of a national debate. In response, the Justice Department has recently formed the Opioid Fraud and Abuse Detection Unit. The unit will focus on “investigating and prosecuting health care fraud related to prescription opioids, including pill mill schemes and pharmacies that unlawfully divert or dispense prescription opioids for illegitimate purposes.”

Some Doctors Write More Monthly Opioid Prescriptions Than Entire Hospitals

August 9, 2017

DO I NEED TO COME BACK TO MASSACHUSETTS TO DEAL WITH AN OUTSTANDING WARRANT

by Altman & Altman

I am an attorney who has fielded this question on many occasions for more than 25 years. Individuals call our firm from all over the Country and even the world, requesting advice and service to clear up their warrants. Having an outstanding warrant can prevent you from renewing your driver’s license. It can also provide roadblocks and hassles trying to enter the United States For many years people would leave Massachusetts, knowingly or unknowingly with an open court case or warrant lodged against them. More and more, in recent years, due primarily to advances in technology, these warrants have surfaced for them and have unfortunately caught up to them. Many times, this comes as a shock to these persons who never knew about the warrant or forgot all about it. This comes up very often when people are trying to renew their license out of state, but Massachusetts has put a hold on their license.

The short answer to the question is that very often you do not need to come back to Massachusetts to remove the default and warrant, get the underlying case disposed of, and have Massachusetts remove any hold on your license enabling you to renew your license in your particular Jurisdiction or State.

This can often be accomplished by way of your signing a well-crafted and thoroughly prepared affidavit and allowing your attorney to use that affidavit in place of your personal appearance. Your attorney can then speak to the assistant District Attorney and Judge and argue the facts and law on your behalf. On many occasions, the Assistant District Attorney and/or the Judge will permit the warrant to be vacated, your case dismissed and then consequently, have the RMV release the hold on your license, if applicable.