Boston Criminal Lawyer Blog

July 7, 2017

Charged with a Misdemeanor in MA, but Live Out of State?

A misdemeanor is a minor criminal offense, but it’s a criminal offense nonetheless. As such, a misdemeanor conviction may result in hefty fines, jail time, and a criminal record. Facing a misdemeanor charge can be scary, especially when it originates somewhere other than your home state. If you were charged in MA but you live in another state, what do you do? Read on for more information about what to do, and what not t to do if you are facing an out of state misdemeanor charge.

Ignorance is Not Bliss

For starters, don’t ignore the charge. The criminal justice system will catch up with you eventually, and ignoring a criminal charge is the best way to ensure a conviction and additional charges. A MA criminal defense attorney can help you determine how to proceed if you’ve been arrested in MA but live out of state.

Penalties for Misdemeanor Offenses

Misdemeanors are not as serious as felonies, but that doesn’t mean you won’t face serious penalties. Misdemeanors includes crimes such as simple assault, petty theft, and some OUI offenses. If you are being charged with a misdemeanor offense, you may be facing the following penalties:

Jail You can face up to one year in jail for a misdemeanor offense.
Misdemeanor crimes carry fines from $50 all the way to $2,000 or more.
If your crime involved property damage or resulted in a loss of money for the victim, you may have to pay restitution to cover those damages.
Some misdemeanors include probation as an alternative, or in addition to, jail time.

Learn from Tom’s Mistake

Consider the following scenario, for example: Tom gets arrested for simple assault while on vacation in Boston. He was drunk and got into a bar fight. Tom spends the night in jail, and is released the next day. Tom is scheduled to appear in court in Boston, but he heads home to Oregon and vows never to return to the Bay State.

Not so fast, Tom. If you try to evade out of state charges, you’ll likely face additional penalties in the future. Even if you never return to MA, a simple traffic stop in your home state could reveal an out of state warrant, unleashing a snowball of consequences that generally far outweighs the penalties of your original offense.

You Need a Local Lawyer

But there are legal steps you can take to reduce or eliminate the cost of travel if you live far from the state in which you were arrested. For starters, you should hire a local lawyer. Depending on the circumstances of your case, you may be able to avoid returning to the state where you were arrested. Courts often allow the defense attorney to appear on behalf of the defendant. A skilled Boston defense attorney can help you protect your rights and reduce your travel expenses if you’ve been charged for an out of state misdemeanor in MA. Continue reading

July 5, 2017

Common Sense Always Prevails to Avoid Getting Charged with OUI in Massachusetts this Summer

by Altman & Altman

Summer is time for relaxation and fun. If you take that fun too far, however, it can result in a number of less-than-fun consequences, including charges for criminal offenses such as OUI, disorderly conduct, or assault. You may even find yourself behind bars. Follow the tips below to have fun, and avoid getting charged with OUI, this summer season.

No open containers in the car. You don’t need to be drinking to get charged. It is illegal to have an open container in an unlocked compartment of your car. For example, a half-full bottle of rum in the center console, or in the back seat, can get you in big trouble. If you are traveling to a party and taking previously-opened containers of alcohol, make sure that they are all safely stowed in the trunk, where they can’t be reached while the vehicle is in use.

Zero tolerance for underage drivers. If you are under 21, you can get charged with an OUI offense for any amount of alcohol in your system. In MA, a driver is “over the limit” with a blood alcohol level of 0.08 or more. But even 0.01 can result in an OUI if you’re under 21. A MA OUI defense attorney can help you determine how to proceed if you’re facing charges for an underage OUI offense.

Even prescription drugs can lead to an OUI. If drugs – even prescribed medications – impair your ability to drive, you may find yourself facing charges for OUI. And the drugs in question don’t have to be controlled substances such as oxycodone or ADHD meds. Even antihistamines can result in an OUI if they impair your ability to drive safely.

Have a plan for how to get back to your home or hotel before the night begins. Prior to heading out for the night, talk to your friends and determine your end-of-night plan. Will you walk? Will you call an Uber? Is there a designated driver? And if you’re staying in an unfamiliar location, like a hotel, write down the address in case you aren’t as clear headed at the end of the evening.

If all else fails, contact your attorney. If you made a mistake and you’re facing OUI charges, a skilled Boston OUI defense attorney can help you fight them. Many OUI stops, especially during the busy summer season, are riddled with errors that can be used to your advantage. For example, a faulty breathalyzer test can result in inaccurately-high readings. It’s important to know your rights; you can refuse to take a breath test. However, there are some serious implications for doing so. Refusing a breath test carries an automatic license suspension of 180 days. There is no one-size-fits-all answer to whether or not you should refuse a breath test. If you have no prior OUIs and you passed the field sobriety test, you have a better chance of winning your case if you refused the test than if you took it and failed. But, as with most things in life, there are no guarantees.

June 27, 2017

Can I Refuse a Breathalyzer Test in MA?

by Altman & Altman

Yes. But that doesn’t mean you want to refuse. On the other hand, it also doesn’t mean you should submit to the test. This conflicting advice may leave you feeling a bit confused, but with good reason; there’s no one-size-fits-all approach to the decision to refuse (or submit to) a breathalyzer test in MA. If you decide to take the test and it reads .08 or higher, you will lose your license for 30 days if it’s your first offense. If you refuse to take the test, however, you will receive an automatic 180-day suspension.

At first glance, it may seem that taking the test is in your best interest. But a failed breathalyzer test is hard evidence to overcome at trial. You have a much better chance of beating an OUI charge if a failed breathalyzer test is not on the table. A Boston OUI defense attorney can help you defend yourself in court, whether you took and failed a breath test or refused the test altogether.

Assess Your Situation

If you refuse the test and a skilled attorney is successful in defending you against the OUI charge, your license will generally be reinstated in less than 180 days. Remember, this favorable outcome is only likely if the circumstances of your case are equally favorable. If, for example, this is your second or subsequent OUI charge, and / or several witnesses claim to have seen you driving recklessly before you were stopped, your chances of success will be seriously limited. However, if this was a first offense and there were no other aggravating circumstances present during your stop or arrest, penalties for refusing the breathalyzer are much more likely to be waived.

In MA, a blood alcohol concentration (BAC) of .08 or higher is above the legal limit. If your breathalyzer results indicate .08 or above, that evidence will be hard to fight in court. If, however, you refuse the test, there will be no evidence of your BAC at trial, and – even better – the jury will not be made aware of your refusal. If you are found not guilty, your MA OUI defense attorney will file a motion arguing for reinstatement of your license prior to the 180-day period. Unless the prosecution can prove that your license should not be reinstated, you are likely to get it back in relatively short order.

What if I’m Under 21?

If you are 21 or older and you fail a breath test, your license will be suspended for 30 days. That is just the initial suspension; you will likely receive a later suspension if you are found guilty. However, there are some circumstances in which a failed breath test carries an automatic 180-day suspension.

If you are between the ages of 18 and 21 and your BAC is .02 or higher, you will lose your license for 30 days plus 180 days. In some cases you can waive this suspension by enrolling in a Youth Alcohol Program (YAP).
If you are under the age of 18, you will face a one-year suspension if you fail a breathalyzer. If you enroll in an approved alcohol treatment program, this suspension may be reduced to 180 days.

This may seem like an easy choice – I’ll lose my license for 180 days no matter what, so I might as well refuse the test, right? But the reality is, it’s not that simple. Although a failed breath test has an extended suspension if you are under 21, so does a refusal. If you are under 21 and you refuse a breathalyzer, your license will automatically be suspended for three years.

What if this isn’t My First OUI?

Things get a bit more complicated with second and subsequent OUIs. If you’ve previously been convicted of one OUI, a breathalyzer refusal carriers an automatic three-year suspension. And if you have two previous convictions, that increases to five years. If this is your third or subsequent conviction, a refusal will result in a lifetime suspension. Continue reading

June 22, 2017

THE RETURN OF THE LONGTIME BOSTON CRIMINAL DEFENSE LAWYER AND THE STORY OF TEXTING AND SUICIDE (1 of 2)

by Samuel Goldberg

Hello, folks! You may remember be. This is Sam Goldberg (AKA “Attorney Sam”). I used to be your friendly blogger on this site on a daily basis. When last we spoke, I told you that I would be back and also doing more regular blogs elsewhere. While I have not begun the latter, I thought I would revisit the Bostoncriminallawyerblog.com to make a few postings.

If nothing else, to remind you that I am still here.

The first thing I thought I would discuss is the recent verdict of “Guilty” in the Michelle Carter matter.

As you probably know, the case involved a suicidal young man, Conrad Roy III (hereinafter, the “Deceased”) who was a friend of Michelle Carter(hereinafter, the “Defendant”). Summed up, the Deceased was communicating with the Defendant via text while he as filling his truck full of lethal fumes in a suicide attempt. Through it, the Defendant was encouraging him to follow through with the suicide. Even to the point of ordering that he get back into the truck at a moment when he was having second thoughts.

He obeyed…and died.

The Defendant was charged with of involuntary manslaughter. In a surprise move, the Defendant’s lawyer waived a jury trial and opted for a bench trial. In other words, a judge would decide the verdict, not a jury.

The gamble did not pay off.

June 20, 2017

Police Want to Question Me – What Do I Do?

by Altman & Altman

During a criminal investigation, police may ask you questions whether you’re under arrest or not. But you don’t have to answer. Well, at least not most questions, and not initially. You must provide basic identifying information, such as your name and date of birth. If law enforcement asks you additional questions, you have the right to simply say “no” or remain silent, but the questions will likely continue until you specifically request to speak with a lawyer. This is true at any stage of the process.

The Fifth Amendment

The fifth amendment to the United States Constitution upholds a person’s right to remain silent. As such, invoking this right is often referred to as “pleading the fifth.” This amendment, which was proposed to congress in 1789, holds that no person “shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

But the fifth amendment is not without limits. For starters, commands and orders are not questions and should not be treated as such. For example, if an officer asks where you were the night a crime was committed, you have a right to plead the fifth. You do not, however, have the right to remain in your vehicle if an officer is ordering you to get out.

Can I Refuse a Request to Go to the Station for Questioning?

In short, yes. If you are a suspect, however, investigators will likely come to your work or home, and you may be arrested on the spot. A better idea is to schedule an appointment for later in the day or the next day, after you’ve had a chance to consult with a skilled Boston criminal defense lawyer. An attorney can even accompany you to the station, and can provide you with additional details about what to expect. Attempting to “go it alone” can be a big mistake when it comes to criminal investigations.

Should I Ask Police if I’m a Suspect?

Coming right out and asking police if you’re a suspect can be a very bad idea. For starters, they have absolutely no obligation to be completely honest during an interrogation. They might even lie to trick you. Further, the question itself can be incriminating. Avoid asking this question; ask for an attorney instead. Remember, anything that you say can be used against you.

Talking to police can be scary. They can be intimidating enough on their own, but you might also fear retaliation from those involved in the crime for “ratting them out,” talking too much, or even just providing a witness statement. Having an experienced MH defense attorney by your side can provide you with legal protection and the peace of mind to move forward. Continue reading

June 14, 2017

Motorcycle Theft is on the Rise

by Altman & Altman

Although the reason has yet to be determined, motorcycle thefts rose two percent in 2016. Maybe it’s because they look cool, or maybe they’re just easier to steal than other motor vehicles. The National Insurance Crime Bureau (NICB) has released statistics that provide more information about where these thefts are most prevalent, and what may be behind the increase. A MA defense attorney can help you determine how to proceed if you’ve been charged with motorcycle theft.

Top 10 Cities for Motorcycle Theft

Of the top 10 cities mentioned in the NICB report, nine are located in warm climates. This isn’t a big surprise, given that more bikes are purchased in warmer-climate areas, and they are generally on the road for more months each year in these places. However, the only city on the list with a cold climate in winter months also happens to be the city with the highest number of motorcycle thefts – New York City. The top 10 cities were:

New York City (1,209)
San Diego (849)
Las Vegas (818)
Los Angeles (760)
San Francisco (616)
Miami (610)
Houston (607)
San Antonio (411)
Phoenix (347)
Austin (343)

Not surprisingly, motorcycle thefts in NYC were highest in August and lowest in February, further proof that Mother Nature plays a significant role in motorcycle thefts.

When the NICB looked at motorcycle theft by state, the leaders were California, Florida and Texas. Looking at the city stats above, this doesn’t come as a surprise. However, numbers four and five on that list were South Carolina and North Carolina, respectively. Considering that population isn’t as robust in these states, some researchers are left scratching their heads. Yes, both North and South Carolina have warmer climates, but so do many other states with worse records of overall crime.

When Temperatures Drop, So Does Crime

Maybe New England’s brutal winters do have some very real benefits. But motorcycle thefts do still occur here; in 2015, 34 bikes were stolen in MA. A Boston defense attorney can help you protect your rights if you’ve been charged with any type of theft.

What’s Behind the Increase?

Theft of motorcycles had been declining for nine years when it increased in 2015, and then again in 2016. According to the NICB’s Frank Scafidi, it is easier to steal a motorcycle. “Stealing a bike is much easier than stealing a car simply because of its size,” said Scafidi. “If you have your bike all chained up and covered with all kinds of immobilizing technology, it can still be picked up with a fork lift, loaded into a pickup truck and taken away.” And with car anti-theft systems becoming more sophisticated every day, motorcycles are increasingly an easier option.

Unfortunately for bike owners, the recovery rate tends to be lower than the recovery rate for cars. This is largely due to the fact that bikes are frequently “chopped” for individual parts. Of the 46,467 motorcycles stolen in 2016, only about 18,000 were recovered.

Penalties for Motorcycle Theft in MA

Considering that most motorcycles are valued at more than $250, motorcycle theft is classified as grand larceny in MA. A felony charge, grand larceny carries a penalty of up to five years in state prison and a fine of up to $25,000. Continue reading

June 14, 2017

Can My Journal Be Used Against Me if I’m Facing Criminal Charges?

by Altman & Altman

Writing in a journal can be extremely therapeutic; jotting down thoughts, hopes and fears can help you solve problems, stick to a plan, and reach goals. Although journals have long been hailed as a private space in which you can divulge your deepest, darkest secrets, you may want to think about withholding criminal confessions from its pages.

If your journal is found during a legal search, it will likely be admissible as evidence in court. The search doesn’t even have to be conducted by law enforcement; if one of your family members or roommates finds something incriminating in your journal and reports it to law enforcement, your Fourth Amendment protections may fly out the window.

Invasion of privacy is a no-no, but legally obtaining a journal or diary during a search does not constitute invasion of privacy. If the contents of the journal are deemed relevant to the charges you are facing, the prosecution will likely use it against you. A MA criminal defense lawyer can help you determine how to proceed if you’ve been charged with a crime.

The Search Has to Fit the Crime

Keep in mind, however, that simply being arrested doesn’t give law enforcement a green light to read your journal. If you get arrested for shoplifting, for example, it doesn’t give police the right to demand your private journal. If, however, you are arrested for a more serious crime such as arson, police will likely search your home. If that search turns up a journal, investigators are almost certain to use it against you. A Boston defense attorney can help you protect your rights if evidence was obtained during an unlawful search.

In some situations, a journal might actually help your case. If journal entries corroborate your defense that you were in New York the night of a murder, for example, it may be used as proof that you were out of state when the crime was committed. And memories fade; you may have trouble proving your innocence when relying solely on memory, but a journal can help you remember where you were, what you were doing, and when you were doing it.

Were Your Rights Violated?

If you’re facing criminal charges, it’s important to know your constitutional rights. In today’s world, it’s not just journal entries that can come back to haunt us. Blogs, emails, message boards, chat rooms, texts, Snap chats, and a whole slew of other electronic communications can be used against you in certain circumstances. If you believe that evidence against you was obtained in an unlawful manner, or that lawfully-obtained evidence is being used in an unlawful manner, it’s essential to know how to ask for that evidence to be removed. This is where the help of a skilled defense lawyer can make all the difference in the world. A criminal conviction can be devastating to your financial and emotional well-being for years into the future. Don’t make the mistake of hiring an inexperienced attorney. Continue reading

June 13, 2017

Michelle Carter Suicide-by-Text Manslaughter Trial Continues

by Altman & Altman

In 2014, then-17-year-old Michelle Carter allegedly encouraged her 18-year-old boyfriend Conrad Roy IIII to commit suicide. She did it through text. Earlier this week, Carter’s manslaughter trial commenced, with prosecutors arguing that the now-20-year-old Plainville woman’s texts urged Roy to take his own life.

Both Carter and Roy had a history of mental illness. In fact, Roy had attempted suicide in 2012. But what could have possibly motivated Carter to send such damning texts to her boyfriend? Prosecutors claim that she was lonely and did it to improve her social life. According to testimony at the trial on Tuesday, Carter sent the following text to a friend, Samantha Boardman:

“Yeah I have school friends that all say they love me . . . [but] no one ever asks to hang out with me. No one ever calls me or texts me. It’s always me who has to do it.’’

To another friend, Carter texted: “Stop telling me how wonderful and beautiful I am. Beautiful girls get invited to parties and their friends call and wanna hang out . . . I have like no friends. I am alone all the time.”

Is it possible that Carter believed she’d finally get the attention she craved in the wake of her boyfriend’s tragic suicide? In yet another text to an acquaintance who claims not to know the defendant well, Carter wrote, “I was on the phone talking to him when he killed himself.” A MA defense lawyer can help you protect your rights if you have been charged with manslaughter or any other crime.

What is Carter’s Defense for Her Actions?

Carter has been struggling with mental health issues for years. As such, she was taking the prescription drug Celexa for depression when she encouraged Roy to commit suicide via text. Studies have shown that Celexa, the brand name for citalopram, is known to cause “impulse control issues,” which may have contributed to Carter’s “lashing out,” and other abnormal behaviors. If this is true, the young woman’s actions may have been out of her control. Carter and Roy had actually bonded over mental health struggles. In fact, according to Carter’s defense attorney, she had previously attempted to convince Roy to seek psychiatric treatment.

Although the Celexa may have contributed to Carter’s behavior that day, her behaviors following Roy’s suicide have not helped her case at all. According to text records, she texted Lynn Roy, her deceased boyfriend’s mother, multiple times in the days following his death. In these texts, she expressed sympathy and a desire to help, but she conveniently left out any knowledge of Roy’s plans or information about their conversations leading up to his death. Despite several text messages urging Roy to kill himself, Carter texted the following message to Roy’s mother after his death:

“You tried your hardest, I tried my hardest, everyone tried their hardest to save him. But he had his mind set on taking his life.” A Boston defense attorney can help you determine how to proceed if you are facing criminal charges. Continue reading

June 9, 2017

Michelle Carter Suicide-by-Text Manslaughter Trial Begins in MA

by Altman & Altman

In 2014, then-17-year-old Michelle Carter allegedly encouraged her 18-year-old boyfriend Conrad Roy IIII to commit suicide. She did it through text. Earlier this week, Carter’s manslaughter trial commenced, with prosecutors arguing that the now-20-year-old Plainville woman’s texts urged Roy to take his own life.

Both Carter and Roy had a history of mental illness. In fact, Roy had attempted suicide in 2012. But what could have possibly motivated Carter to send such damning texts to her boyfriend? Prosecutors claim that she was lonely and did it to improve her social life. According to testimony at the trial on Tuesday, Carter sent the following text to a friend, Samantha Boardman:

“Yeah I have school friends that all say they love me . . . [but] no one ever asks to hang out with me. No one ever calls me or texts me. It’s always me who has to do it.’’

To another friend, Carter texted: “Stop telling me how wonderful and beautiful I am. Beautiful girls get invited to parties and their friends call and wanna hang out . . . I have like no friends. I am alone all the time.”

Is it possible that Carter believed she’d finally get the attention she craved in the wake of her boyfriend’s tragic suicide? In yet another text to an acquaintance who claims not to know the defendant well, Carter wrote, “I was on the phone talking to him when he killed himself.” A MA defense lawyer can help you protect your rights if you have been charged with manslaughter or any other crime.

What is Carter’s Defense for Her Actions?

Carter has been struggling with mental health issues for years. As such, she was taking the prescription drug Celexa for depression when she encouraged Roy to commit suicide via text. Studies have shown that Celexa, the brand name for citalopram, is known to cause “impulse control issues,” which may have contributed to Carter’s “lashing out,” and other abnormal behaviors. If this is true, the young woman’s actions may have been out of her control. Carter and Roy had actually bonded over mental health struggles. In fact, according to Carter’s defense attorney, she had previously attempted to convince Roy to seek psychiatric treatment.

Although the Celexa may have contributed to Carter’s behavior that day, her behaviors following Roy’s suicide have not helped her case at all. According to text records, she texted Lynn Roy, her deceased boyfriend’s mother, multiple times in the days following his death. In these texts, she expressed sympathy and a desire to help, but she conveniently left out any knowledge of Roy’s plans or information about their conversations leading up to his death. Despite several text messages urging Roy to kill himself, Carter texted the following message to Roy’s mother after his death:

“You tried your hardest, I tried my hardest, everyone tried their hardest to save him. But he had his mind set on taking his life.” A Boston defense attorney can help you determine how to proceed if you are facing criminal charges. Continue reading

June 8, 2017

Can Landlords be Criminally Liable for Injury and Death that Occurs Due to Negligence?

by Altman & Altman

In most cases, if a landlord’s negligence leads to an unsafe condition on their property, the landlord generally won’t be held criminally liable for resulting injuries or death. However, an exception may occur if the landlord’s actions were especially egregious.

Last December, a fire killed 36 people at the Ghost Ship artist collective in Oakland, California. The space, which had been rented to artists as a living and working space, was also used for parties, similar to the dance party that was underway when the tragedy occurred.

The art collective’s manager, Derick Alamena and his assistant, Max Harris, were arrested earlier this week in connection with the deadly blaze. They are each being charged with 36 counts of involuntary manslaughter. Although it is not believed that either Alamena or Harris had anything to do with starting the fire, their egregious disregard for the safety of tenants and party-goers has elevated their actions to criminal status. A MA criminal defense lawyer can help you determine how to proceed if you’ve been charged with involuntary manslaughter.