Boston Criminal Lawyer Blog

August 1, 2017

I’ve Falsely Been Charged With Domestic Assault in Massachusetts – What Can I Do?

Domestic abuse is a serious matter, and a false accusation can be severely damaging to your reputation and to the criminal justice system as a whole. False accusations create an environment in which the integrity of victims of actual domestic abuse is called into question. False accusations of domestic abuse are more common than most people think. Jealousy, anger, and revenge can drive people to do unspeakable things. A Boston criminal defense attorney can help you protect your rights, reputation, and freedom if you have been falsely accused of domestic abuse.

Don’t meet with your accuser alone. If you have to come into contact with your accuser, make sure that you have a witness with you, and meet in a public place. For example, if you have to pick up personal belongings, ask your partner or ex-partner to meet you in a grocery store parking lot with the items, and have someone with you during the exchange. Without a witness and a public location, the meeting could turn into another false allegation.

Seek legal counsel immediately. An experienced attorney is essential to a favorable outcome in this type of situation. A lawyer will understand the complexity of your situation and will position you for the best possible outcome. He or she will ensure that you don’t say or do the wrong thing, and that you fully understand your rights and options. The right attorney will also provide moral support during what may be an emotional process.

Avoid behaviors that may be used against you in court. Your integrity and character will be assessed in court. As such, you want to present yourself in the best light possible. To achieve this goal, it is crucial to avoid certain actions, such as engaging in arguments with your accuser, punching holes in walls, or making violent or threatening jokes. Any of these actions can make you look unstable, further substantiating your accuser’s case.

Remain calm and focused. False accusations of domestic abuse can be extremely stressful. In a stressful situation, it is easy to make poor decisions, but even one bad decision can destroy your case. This is another reason why a good lawyer is so important; a compassionate, experienced MA defense lawyer can guide you through the process so that you avoid making destructive choices. It’s also important to look after your physical and emotional health during such a stressful process. Maintain a healthy diet, get plenty of exercise, and surround yourself with supportive people.

Consequences of Domestic Abuse Allegations

Beyond damage to your reputation, false allegations can create a tidal wave of other life-altering consequences, including:

Custody issues
Mediation for family disputes may be disallowed
The issuance of a restraining order
Exclusion from the family residence
Parenting issues
The need to complete anger management or treatment programs
Restriction of certain civil liberties

Further, if you are convicted of any type of domestic violence, you will likely receive time behind bars, hefty fines, and a criminal record. If you have been falsely accused of domestic abuse, don’t act out of anger, and don’t make the mistake of hiring an inexperienced attorney. Continue reading

August 1, 2017

Can I Get Convicted of OUI in MA if My Blood Alcohol Concentration is Less than 0.08 Percent?

by Altman & Altman

In short, yes. In MA, a blood alcohol concentration (BAC) of 0.08 percent or higher is above the legal limit. However, there are certain circumstances under which you can be charged with OUI with a lesser BAC. Some of these scenarios are listed below.

Zero Tolerance Laws

In Massachusetts – and across the nation – “zero tolerance” laws prohibit underage drivers from having any alcohol in their system. For this reason, even negligible traces of alcohol can result in a OUI conviction if you are under the age of 21. Zero tolerance laws may also come into play when of-age adults are driving drunk with children in the vehicle.

Obvious Impairment

Alcohol isn’t the only substance that can impair your ability to drive safely. Prescription, over the counter, and illicit drugs can be just as dangerous. If you washed down a prescription pain killer with a glass of wine, you may be visibly impaired even though your BAC is under 0.08.

The Passing of Time

If you are stopped on suspicion of OUI, a breath test may not be administered for several minutes or more. If, for example, 20 minutes pass before you submit to the breathalyzer, and the test registers a BAC of 0.07, it could be argued that your BAC had been 0.08 while driving and simply dropped due to the passage of time.

Commercial License (CDL)

If you have a CDL, your legal limit is significantly lower. A BAC of 0.04 percent or higher will result in a OUI charge, even if you weren’t driving a commercial vehicle at the time of the offense. If, however, you were in a commercial vehicle, you will likely face an additional one-year CDL suspension. Further, if you receive a second OUI conviction, your MA CDL will be permanently revoked.

Penalties for OUI Conviction in MA

Keep in mind that MA is tough on OUI charges; juries are rarely sympathetic to those charged with this particular offense. Having a skilled Boston OUI defense attorney is crucial to a favorable outcome. If you are convicted of OUI, you may face the following penalties:

First offense: 30 days to a max of 30 months in jail, fines of up to $5,000, and license suspension of up to one year.
Second offense: 30 days to a max of 30 months in jail, fines of up to $10,000, license suspension of up to two years, installation of ignition interlock device (IID).
Third offense: 150 days to up to five years in jail, fines of up to $15,000, license suspension of up to eight years, installation of IID.
Fourth offense: One year to up to five years in jail, fines of up to $25,000, license suspension of up to 10 years, installation of IID.
Fifth offense: Two years to up to five years in jail, fines of up to $50,000, permanent license revocation.

Third and subsequent OUI convictions are considered felony offenses. A MA OUI defense attorney can help you determine how to proceed if you’ve been charged with OUI. Continue reading

July 28, 2017

Truck Driver Charged in Human Trafficking Tragedy

by Altman & Altman

A truck driver is being charged with human trafficking after eight people were found dead in a tractor trailer last week. The rig, which was parked at a Walmart in San Antonio, was being used to illegally transport immigrants. In addition to the eight victims, nearly 40 more passengers needed emergency medical treatment; two more died in the hospital. Human trafficking is a serious crime, and due to the severity of this particular tragedy, the truck driver may face the death penalty.

The victims died due to heat-related injuries after spending about 12 hours in the back of an unventilated trailer. The criminal complaint against the driver, 60-year-old James Bradley, stated that, ”During the first hour of transportation, everyone seemed to be OK. Later, people started having trouble breathing and some started to pass out. People began hitting the trailer walls and making noise to get the driver’s attention. The driver never stopped.”

According to reports, the immigrants were informed that the trailer they were traveling in would be refrigerated. One of the survivors told agents that when they got inside in Laredo, Mexico the trailer was already quite hot. There was a hole in the wall of the trailer, and the passengers took turns breathing through it to prevent succumbing to the lack of air and passing out. Bradley alleges that he was unaware of the truck’s contents; he had no idea that he was driving human cargo. However, he does admit his knowledge of the broken refrigeration and ventilation systems.

Bradley claims to have stopped at Walmart for a bathroom break when he heard “banging and shaking in the trailer.” He opened the door and discovered “bodies just lying on the floor like meat.” Bradley went on to say that approximately 30-40 able-bodied survivors ran from the empty parking lot. However, at least one of the immigrants said that there were about 70 more passengers in the trailer, and that they left in six black SUVs that were in the parking lot when they were freed.

What is Human Trafficking?

Any act involving the smuggling of humans – usually across international borders – can be considered human trafficking. In the worst cases, it is a form of modern-day slavery, using coercion, manipulation, lies, and physical force to make vulnerable people perform labor or sex acts. Millions of people – women and children included – are trafficked every year. It’s one of the most profitable international crimes, second only to the illegal drug trade. Traffickers look for individuals who are especially vulnerable due to political instability, lack of a social network, and poverty. However, human trafficking doesn’t always have to involve forced labor or sexual exploitation. As in the San Antonio tragedy, the act of smuggling people into the United States is itself a form of human trafficking. Whether or not these individuals were facing forced labor or sexual exploitation is unknown. Continue reading

July 26, 2017

Operating Under the Influence of Technology?

by Altman & Altman

It’s common knowledge that hand-held electronics, such as smart phones, pose a serious distraction when we’re behind the wheel. But is that distraction as dangerous as intoxication? Can technology actually affect our sobriety? A new Washington law aims to treat cell phone use while driving in much the same way as drunk driving. The law would ban the use of all electronic devices when driving, even when stopped at a red light.

Electronic Driving While Impaired

According to Washington Governor Jay Inslee, the bill is called “electronic driving while impaired,” and the new offense would be called a DUI-E. “When you are driving with a cell phone,” said Inslee, “you are a more dangerous driver than if you are driving drunk with a .08 blood alcohol level.” And these aren’t just empty words; research backs up Inslee’s statements.

July 24, 2017

MA Man is Found Not Guilty on Stalking Charges After Serving Nearly Two Years of His Sentence

by Altman & Altman

Dominick Cristino is a free man. Nearly two years since he was sentenced to up to two-and-a-half years in prison for stalking Milford’s police chief, the MA man’s convictions have been vacated. In addition to physically following the police chief he was convicted of stalking, Cristino also posted various “threatening comments” on Facebook. He was released in April, pending his appeal, and three Appeals Court judges made that release permanent last Friday.

Prosecutors alleged that Cristino’s comments were “true threats” and thus, not constitutionally-protected remarks. Initially, Cristino’s motion for a required finding of not guilty was denied by Superior Court Judge Daniel M. Wrenn. He ruled that “there was clear evidence to establish that these were true threats rather than protected speech under the First Amendment.” But the appeals court disagreed.

“We conclude that the statements made by the defendant that were the basis for his convictions were constitutionally protected speech, and therefore could not be the basis for conviction,” ruled the court. They went on to say that the First Amendment protects political remarks made about public officials. In fact, these types of comments are at the First Amendment’s core. A MA defense lawyer can help you determine how to proceed if you are facing stalking charges.

Cristino’s Facebook posts were highly critical of both heads of the Milford police department, accusing them of everything from alcohol abuse and inappropriate relationships with criminals, to outright corruption. Cristino also painted critical messages on his truck, posted signs on his property, and followed the police chief throughout town, often driving past establishments frequented by the police chiefs.

While the Appeals Court did say that Cristino’s comments could be considered threats on their own, together they do not constitute stalking. “True threats” are direct threats of physical harm, actions, or words, that reasonably cause the victim to fear for his or her safety.

In an unpublished decision, the Appeals Court panel wrote the following:

“Having reviewed the Facebook postings that were the grounds for the defendant’s convictions and having considered the context of the videos, we conclude that they did not constitute threats of the kinds of unlawful acts of violence that render speech unprotected.”

“Rather, the defendant’s posts ‘primarily discuss issues of public concern,’ as they are clearly directed at exposing what the defendant considered to be shortcomings in the chief’s and deputy chief’s ability to properly perform their public positions,” ruled the court. “In accusing the chief and deputy chief of drinking on the job, spending time with known local criminals, and generally being corrupt, the defendant’s videos were obviously attacking their capacity to effectively serve as police officers.”

What are the Penalties for Stalking in MA?

Stalking crimes are punished harshly in MA. If you have been convicted of stalking, you may be facing the following penalties:

First offense: Up to five years in prison, and a fine of up to $1,000
Second offense: Up to 10 years in prison

As with all criminal offenses, experienced legal counsel is essential to a positive outcome. A Boston defense attorney can help you determine how to protect your rights if you’ve been charged with stalking. We often think of a stalker as a man who follows his female victim home at night and lurks outside her window. Although this is one example of stalking, this criminal act can take many forms and affects both men and women. Stalking can include physical following, emails, phone calls, and social media posts. And it’s quite common; about 6.6 million people are stalked in the U.S. annually. Continue reading

July 21, 2017

Can I Possess a Gun in Massachusetts After an OUI Conviction?

by Altman & Altman

The answer to this question is that of the answer to most legal questions, it depends. An OUI can be a misdemeanor or a felony, depending on multiple factors. Was this your first OUI or your fourth? Was anyone injured? Were there any aggravating circumstances, such as drug possession, at the time of your arrest? Third or subsequent OUIs are considered felony offenses. In MA, convicted felons are prohibited from obtaining a gun permit or Firearm Identification Card. Read on for more information about OUIs and their impact on your ability to purchase and carry a gun.

A felony is any crime punishable by at least one year in a state prison. Even if a person’s sentence is reduced to less than one year, he or she may still be classified as a felon. Although third and subsequent OUI offenses are automatic felonies, first and second offenses can be felonies under certain circumstances. For example, if someone is seriously injured or killed in an accident because you were driving under the influence, your first OUI may be elevated to a felony conviction. A Boston criminal defense attorney can help you determine your rights to purchase or carry a gun if you were previously convicted of an OUI offense.

What About My Second Amendment Rights?

A felony conviction results in the loss of many rights, including your second amendment rights. Although the Second Amendment of the U.S. Constitution guarantees U.S. citizens the right to bear arms, it excludes those convicted of felonies. Although a felony is a surefire way to remove your right to possess a gun, there are other situations in which U.S. citizens are prohibited from purchasing or carrying firearms. These may include:

Anyone convicted of domestic violence, even a misdemeanor offense
Individuals convicted of juvenile crimes
Anyone with an outstanding warrant
Individuals residing in mental health hospitals or addiction treatment centers
Individuals under the age of 18 who are in the U.S. illegally

What About My Spouse?

Unless your spouse is also a convicted felon, he or she can possess a gun after your felony OUI conviction. Unfortunately, this can present a sticky situation. Let’s say your wife owns a gun and you’re a convicted felon; if she puts the gun anywhere accessible to you – including the family home – she would be in violation of the law. Further, if you were unaware that the gun was in the home and it was discovered by law enforcement, you could be charged with unlawful possession.

What are the Penalties for Gun Possession Following a Felony OUI Conviction?

In MA, unlawful possession of a firearm is punishable by a minimum of two-and-a-half years in prison, with a maximum of five years in prison. To prove unlawful possession, the following circumstances must be proven:

The individual was in physical possession of the firearm, and was aware that he had possession of the firearm.
The firearm was a revolver, pistol, or other weapon from which a bullet can be discharged.

If you were convicted of a misdemeanor OUI offense, your right to purchase or carry a gun is unlikely to be impacted. However, an application and background check will provide confirmation. A MA criminal defense attorney can help you determine how to proceed if you’ve been charged with unlawful possession of a firearm following an OUI. Continue reading

July 20, 2017

How Long Does it Take to Get a Criminal Record Expunged in MA?

by Altman & Altman

Sealing is the process of sealing a criminal record. For example, let’s say you got an OUI five years ago. That offense may come back to bite you when you apply for a job, school or housing. If, however, you have the OUI conviction or CWOF sealed, the offense won’t show up in an employment or housing background check. But not all crimes can be sealed, and there are different timelines for different crimes. Read on for more information about how to seal a past criminal conviction, and how long the process will take.

Misdemeanor offenses: If you were convicted of a misdemeanor offense, such as a first OUI, petty theft, or simple assault, you will be eligible to have the record sealed as soon as five years have passed. This waiting period doesn’t begin until your case has ended, including any time behind bars. In order to qualify, your record must have remained clean since the offense in question. A Boston defense attorney can help you get your record sealed if you have been convicted of a misdemeanor offense.

Felony offenses: If you were convicted of a felony offense, 10 years must have passed before you are eligible for sealing. Again, this includes any period of incarceration, and you cannot have been convicted of another crime during that time period.

July 18, 2017

What is the Difference Between a Bench Warrant and an Arrest Warrant?

by Altman & Altman

Before we get into the differences between a bench warrant and an arrest warrant, it’s important to state a crucial similarity between the two – they should never be ignored. Knowing that the police are searching for you can be scary, but warrants don’t just go away on their own. And turning yourself in will result in a better outcome than if you force police to track you down. Further, turning yourself in will prevent the embarrassing scenario of being arrested at home or – even worse – at work. So, now that we’ve covered the importance of not ignoring any type of warrant, let’s discuss the differences between a bench warrant and an arrest warrant.

Bench Warrant

Bench warrants can be issued in civil and criminal cases. In criminal cases, they are typically issued if a defendant fails to appear for a scheduled court date. In civil cases, they are often issued for witnesses who are being subpoenaed, as well as for individuals who fail to show up for their jury duty. Bench warrants may also be used in child support cases for parents who aren’t making their required monthly support payments. Generally, however, this only occurs when other efforts, such as wage garnishment, have been unsuccessful. A MA criminal defense lawyer can help you protect your rights if a warrant has been issued against you.

When it comes to bench warrants, police rarely conduct an active search for the individual. However, if you are stopped for another reason, such as a minor traffic violation, the warrant will appear and you will be taken into custody. At this point, you will not only be defending yourself against the underlying offense or issue, you’ll have the added disadvantage of being viewed as someone who attempted to dodge the justice system. Being proactive and taking care of warrants immediately, whether criminal or civil, is always advisable.

Arrest Warrant

An arrest warrant, on the other hand, is issued when there is probable cause that the individual has committed a crime. If law enforcement convinces the judge that you are responsible for a crime, the judge may issue an arrest warrant against you. A Boston defense attorney can help you determine how to proceed if you have been charged with any type of crime.

The main difference between arrest and bench warrants is that, police will actively search you if an arrest warrant has been issued against you. This is especially true if you are wanted for a violent or serious crime. Law enforcement can show up at your home, place of employment, and anywhere else that you frequent. They will look for you and can arrest you anywhere. Even if you end up being found innocent, getting arrested at work or at home can be an emotionally traumatic and highly-embarrassing situation. Don’t let this type of scenario ruin your reputation; take care of arrest warrants before police come looking for you. Continue reading

July 17, 2017

What is the Difference Between a Bench Warrant and an Arrest Warrant?

by Altman & Altman

Before we get into the differences between a bench warrant and an arrest warrant, it’s important to state a crucial similarity between the two – they should never be ignored. Knowing that the police are searching for you can be scary, but warrants don’t just go away on their own. And turning yourself in will result in a better outcome than if you force police to track you down. Further, turning yourself in will prevent the embarrassing scenario of being arrested at home or – even worse – at work. So, now that we’ve covered the importance of not ignoring any type of warrant, let’s discuss the differences between a bench warrant and an arrest warrant.

Bench Warrant

Bench warrants can be issued in civil and criminal cases. In criminal cases, they are typically issued if a defendant fails to appear for a scheduled court date. In civil cases, they are often issued for witnesses who are being subpoenaed, as well as for individuals who fail to show up for their jury duty. Bench warrants may also be used in child support cases for parents who aren’t making their required monthly support payments. Generally, however, this only occurs when other efforts, such as wage garnishment, have been unsuccessful. A MA criminal defense lawyer can help you protect your rights if a warrant has been issued against you.

When it comes to bench warrants, police rarely conduct an active search for the individual. However, if you are stopped for another reason, such as a minor traffic violation, the warrant will appear and you will be taken into custody. At this point, you will not only be defending yourself against the underlying offense or issue, you’ll have the added disadvantage of being viewed as someone who attempted to dodge the justice system. Being proactive and taking care of warrants immediately, whether criminal or civil, is always advisable.

Arrest Warrant

An arrest warrant, on the other hand, is issued when there is probable cause that the individual has committed a crime. If law enforcement convinces the judge that you are responsible for a crime, the judge may issue an arrest warrant against you. A Boston defense attorney can help you determine how to proceed if you have been charged with any type of crime.

The main difference between arrest and bench warrants is that, police will actively search you if an arrest warrant has been issued against you. This is especially true if you are wanted for a violent or serious crime. Law enforcement can show up at your home, place of employment, and anywhere else that you frequent. They will look for you and can arrest you anywhere. Even if you end up being found innocent, getting arrested at work or at home can be an emotionally traumatic and highly-embarrassing situation. Don’t let this type of scenario ruin your reputation; take care of arrest warrants before police come looking for you. Continue reading

July 10, 2017

What Not to Do if You Get Stopped for OUI in Massachusetts

by Altman & Altman

When a police officer stops your vehicle on suspicion of OUI, he or she will likely initiate a series of tests to determine if the suspicion is accurate. The officer will observe your eyes, your speech, and your overall demeanor. He or she will ask questions, such as have you had anything to drink.” If the officer believes there is probable cause, you will likely be asked to step out of the vehicle to perform a field sobriety test. You may also be asked to submit to a breath or blood test. These tests are performed to gather evidence, and any information obtained will be used against you in an OUI case. As such, it’s important to know your rights if you are ever stopped after having a few drinks.

Ask for a lawyer. There is very little information that you are required to give to police during an OUI stop. You must provide basic identifying information, such as your name and address, driver’s license and registration. But even a question such as have you had anything to drink tonight doesn’t require a response. Your best bet is to remain calm and courteous, and to politely ask to speak to your lawyer before answering any questions. A skilled Boston OUI defense attorney can help you determine how to proceed if you’ve been pulled over on suspicion of OUI.

Do not submit to the field sobriety test. Ok, before we move forward it’s important to note the following – you do have to get out of the vehicle if the officer asks you to do so. You do not, however, have to answer the officer’s questions or perform a field sobriety test. If asked to get out of your vehicle, do so politely, and then inform the officer that you do not wish to perform the field sobriety test, and that you would like to speak to your lawyer immediately. Field sobriety tests are designed to produce failures. People who are completely sober frequently fail these tests. Without the evidence of a failed field sobriety test, proving that you’re guilty becomes quite the hurdle.

Are there Consequences of Refusing a Field Sobriety test?

Well, refusal of a field sobriety test doesn’t carry the official consequences of refusing a breath test (we’ll talk about those shortly), but refusing a field sobriety test is a relatively surefire way of getting arrested. The same could be said for submitting to the test, however. In many ways, you’re damned if you do, damned if you don’t…but for one major exception; a failed field sobriety test may lead you to jail and – most likely – a conviction. A refused test may lead you to jail, but you’ll have a significantly better chance of having your OUI charge dismissed without that evidence to substantiate the charge.

Can I Refuse the Breathalyzer?

Breath and blood tests are an entirely different story. In MA, refusing a breath test carries an automatic 180-day license suspension. That being said, it may still be in your best interest to refuse the breath test. There is no one-size-fits-all answer to this problem. Your best course of action is to contact an experienced MA OUI defense attorney immediately if you find yourself in this situation. Continue reading