by

Many states, including Massachusetts, have specialized drug courts, which aim to provide addiction treatment rather than criminal penalties for drug offenders. However, last month, New York took its drug court system one step further by instituting a highly-specialized opiate court to address the nation’s growing problem with opioid addiction.

Opioid addiction has reached epidemic proportions, nationwide. As such, law makers have come to the realization that the problem must be dealt with differently from other crimes, even from other drug crimes. In most cases, opioid addicts need treatment and rehabilitation, not hefty fines and prison time.

On May 1, New York’s Buffalo City Court initiated the opiate intervention program, which will screen anyone arrested in Buffalo for opiate use and put their criminal cases on hold while they are enrolled in an addiction treatment program. In a recent interview, District Attorney John J. Flynn told the Buffalo News, “Jail is not the answer. Will people be held accountable for their crimes? Yes. But they also deserve to be cared for and loved.” A MA defense attorney can help you determine how to proceed if you’ve been charged with a drug crime.

Delays Can be Deadly

New York’s new opiate court is different from traditional drug courts in multiple ways. In its standard program, drug users typically don’t begin treatment for 30, 60 or 90 days. In opiate court, treatment begins immediately. When it comes to opiate addicts, a three-month delay can be deadly. So far, the program seems to be a success; 40 of the first 43 people admitted are currently undergoing addiction treatment. New York’s bold move may create sweeping changes in how drug offenses are treated across the country.

The Massachusetts Probation Service, which administers MA’s drug courts, estimates that over 80 percent of the probation population is battling some type of addiction. According to Specialty Courts Administrator Sheila Casey, MA drug court programs generally last between 16 and 24 months. “Drug courts provide highly intensive probation supervision and access to appropriate treatment for substance use disorders to participants who are ’high risk/high need,’” said Casey. “Probationers report on a weekly basis at first with court appearances becoming less frequent as the person progresses through the drug court.“ A Boston defense attorney can help you determine if drug court is an option for you.

Drug Courts Work

Across the country, about 75 percent of individuals who successfully complete drug court remain arrest-free for at least two years following the program.

  • Studies of drug courts reveal that, on average, crime reduction lasts at least three years and can endure for more than 14 years.
  • Reports show that drug courts reduce crime by up to 45 percent more than criminal prosecution.
  • Across the country, taxpayers save up to $3.36 for every $1.00 invested in the drug court system.
  • When other cost offsets such as healthcare are considered, that savings increases to up to $27 per every $1 invested.
  • Per client, drug courts save up to $13,000 in reduced arrest and trial costs, reduced prison costs, and reduced costs related to victimization.

Continue reading

by

Tiger Woods was recently arrested on drugged driving charges after police found him asleep behind the wheel of his Mercedes. When police woke him up, the golf superstar was stopped in the right lane with his car running. Woods failed several field sobriety tests, but a breath test registered no alcohol in his system. Although this story is unfortunate, it does provide some valuable lessons about drunk, and drugged, driving.

  • You Don’t Have to Drink Alcohol to Get an OUI: In every state, including Massachusetts, drugged driving is included in OUI laws, and there are specific charges depending on whether the drugs were legal, illicit, or prescription. OUI stands for operating under the influence, and it doesn’t only apply to alcohol. Even if you are impaired by a legal, valid prescription medication you can be charged with, and convicted of, OUI. However, with the help of a skilled Boston OUI defense lawyer, you may be able to convince a prosecutor that the incident was an honest mistake. If no injuries or damages occurred as a result, you’ll have a much better chance of a favorable outcome.
  • You Can Get Charged with OUI Even if You Weren’t Driving: If you are in or around the car, you can still get charged with OUI. The case above is a perfect example; although Tiger wasn’t actively driving at the time of the arrest it was apparent that he had been driving. Even if he had pulled off the road, onto a shoulder or into a parking area, he would likely have been arrested. If Tiger had gotten out of the car and fallen asleep leaning up against it, the outcome would have almost certainly been the same. If police believe you were driving, or intended to drive, you can be charged with OUI. The moral to this story – if you are drunk or drugged, stay far away from your car, unless a perfectly-sober driver is driving. A MA OUI defense attorney can help you determine how to proceed if you’ve been charged with drunk or drugged driving.
  • Field Sobriety Tests are “Optional”: This is true; you can refuse both field sobriety tests and breath and blood tests. However, you may face harsh consequences for doing so. In most cases, field sobriety tests, such as saying your ABCs backwards and touching your nose with alternating fingertips, can be refused without consequences. But refusing a breath test comes with mandatory consequences. In MA, refusing a breath test will give you a mandatory 180-day license suspension. Despite this mandatory suspension, it is sometimes in an individual’s best interest to refuse the breath test. Unfortunately, there is no one-size-fits-all answer to this question; the decision to refuse or not to refuse must be based on multiple factors, including the severity of your offense, prior OUI convictions, prior criminal history, and personal-family-work-life situation.

Continue reading

by

Also known as “hit and run,” leaving the scene of a motor vehicle accident is a criminal offense. A hit and run doesn’t have to involve injuries, but penalties are likely to be much more severe if someone is injured. Although it’s never a good idea to leave the scene of an accident, people are prone to use poor judgement in the heat of the moment. Unfortunately, fleeing the scene can elevate potential penalties from strictly financial to criminal. Fortunately, multiple defenses are available to protect the rights of individuals charged with this offense.

Potential Defenses to a Hit and Run Charge

Leaving the scene of the accident is a crime, but things aren’t always what they seem. Maybe you didn’t even realize you had hit another vehicle. The following scenarios are common challenges against hit and run charges.

Continue reading

by

MA is tough on OUI. But if this is your first offense, there are multiple defenses and alternative sentencing options that may be available to you. A first offense conviction of OUI in MA can carry a penalty of up to two-and-a-half years in jail, a one-year license suspension, and a fine of up to $5,000. However, this is rarely the outcome. With the help of a skilled Boston OUI defense attorney, you can dramatically improve your chances of a reduced or dismissed charge.

As with most criminal offenses, penalties for OUI take into account prior criminal history, and the severity of your crime. For example, if you were arrested for OUI while driving a child under the age of 14, you may also face child endangerment charges. But in most cases, a first-offense OUI without aggravating circumstances will not land you behind bars.

Did You Refuse the Breath Test?

In MA, if you refused a breath test at the time of your arrest, you will face an automatic license suspension of 180 days. On the other hand, if you take the breath test and it registers a blood alcohol concentration (BAC) of .08 or above, your license will be suspended for a minimum of 30 days.

At first glance, it may seem like a better deal to submit to the breath test, even if you may be over the legal limit. But this isn’t always the case. That being said, it is impossible to give blanket advice about whether or not to refuse a breath test; this decision should be based on multiple factors, including your level of intoxication, prior criminal history, whether you have past OUI convictions, and your personal / work / home life situation. If you do choose to refuse the breath test, you are entitled to challenge the associated suspension at a hearing. You have 15 days following your arrest to appeal this suspension. Take advantage of this option.

Alternative “24D” Disposition

In MA, a first or second offense OUI is considered a misdemeanor. If you are facing charges for either offense, you may qualify for a program known as “24D,” or Alternative Disposition. 24D provides an alternative to the harsh penalties of an OUI conviction. If approved for 24D, you will be given one to two years of probation and will be required to complete an alcohol education program. Once you’ve enrolled in the class, you will likely receive a hardship license, even if you refused the breath test. A MA OUI defense attorney can help you determine if you are eligible for 24D.

Second and Subsequent Convictions

If you are facing a second or subsequent conviction, the penalties you are facing will understandably be more severe. However, individuals convicted of second offense OUIs may still be eligible for 24D, under certain circumstances. Penalties for second and subsequent offenses may include:

  • Second OUI offense: Up to two-and-a-half years in jail, license suspension of up to two years, a fine of up to $10,000, and the installation of an interlock ignition device at your own expense.
  • Third and subsequent OUI offenses: Up to two-and-a-half years in jail, a fine of up to $15,000, and a license suspension of up to eight years.

Continue reading

by

During an investigation into a criminal or civil matter, witnesses may be subpoenaed to court to supply evidence, such as documents and DNA, and to testify against defendants and report crimes. In some cases, obtaining witness testimonies and evidence is easy. In other cases, witnesses are reluctant to comply. If you’ve been subpoenaed, do you have to comply?

What is a Subpoena?

A subpoena is a document that orders a person to provide testimony during an investigation. In addition to appearing before the investigative body, the individual may also be required to produce documents and other evidence relevant to the case. Subpoenas are not typically issued to willing witnesses who are enthusiastic to come forward; they are generally reserved for those who initially refuse to appear. Ignoring or disobeying the orders within a subpoena may result in civil or criminal penalties. A Boston criminal defense lawyer can help you determine how to proceed if you’ve been subpoenaed.

Once again, the Trump administration has brought some lesser-known legal situations into the spotlight. Take retired Lt. General Michael Flynn, for example. The president’s former national security adviser is caught in the middle of two investigations into the campaign’s Russian ties leading into the 2016 election. As Flynn is not particularly eager to testify, a subpoena was issued by the Senate Intelligence Committee. But Flynn declined the request. Is that allowed?

Can I Plead the Fifth?

The Fifth Amendment of the constitution protects individuals against self-incrimination by preventing any person from being compelled to provide evidence that is likely to be incriminating in a subsequent criminal case. Flynn invoked these rights in the above case by pleading the Fifth. But this right is not absolute. A person can only plead the Fifth with regard to testimonial evidence, as opposed to identifying evidence, such as DNA and fingerprints. Further, only individuals can plead the Fifth; corporations don’t have this right. This is why Flynn’s businesses are being served with subpoenas, requesting documents related to the ongoing investigation.

What is Contempt of Court?

Contempt of court is the act of being disobedient or discourteous to a court of law in a way that defies its authority. If charged with contempt, you may face criminal penalties. A MA defense lawyer can help you determine if you are at risk of being charged with contempt.

If pleading the Fifth is a privilege, how can I be charged with contempt of court for invoking that privilege? There are certain situations in which the privilege against self-incrimination can be waived. For example, a defendant in a criminal case can plead the Fifth, but if he or she chooses to testify, the privilege has been waived and the defendant can be cross-examined. In another example, if a witness refuses to testify after being given immunity (prevents testimony from being used against the witness in the future), he or she can be held in contempt of court. Most charges of contempt involve jail time and further penalties. Continue reading

by

As of 2014, residents of Massachusetts are prohibited from owning firearms if they’ve been convicted of any type of domestic violence crime. That being said, no law is currently in place requiring courts to notify those affected by this legislation. If you have been found with a firearm following a domestic violence conviction, it is crucial to consult with an experienced Boston criminal defense attorney immediately. MA takes gun charges seriously, especially when the defendant has a past criminal history.

The Second Amendment of the Constitution guarantees the right to bear arms to all citizens of the United States, except under certain circumstances. For example, if you are convicted of a felony, you give up your rights under the Second Amendment. In some cases, individuals can restore their civil rights following a felony conviction. But this is rare. You may be prohibited from possessing a firearm if you:

  • Were convicted of a juvenile crime.
Continue reading

by

Willie Wilkerson is a pastor at the Mission Church on Quincy Street in Boston’s Dorchester neighborhood. Earlier this month, he was arrested on drug trafficking and intent to distribute charges following an investigation of the church, a food trailer, he owns and his home. In addition to crack cocaine and prescription pills, police found about $20,000 worth of stolen items and more than $10,000 in cash in his home.

Following the issuance of a search warrant, law enforcement discovered drugs, including crack, fentanyl, Klonopin, and oxycodone, hidden in printers and coffee makers. Materials and tools used to cut and package drugs were also found in the search. In addition to regular church services, the Mission Church also offers a 12-step recovery group for members with substance abuse issues.

Among the stolen items found in Wilkerson’s home were pieces of equipment belonging to an excavating company and other property that had recently been reported stolen. According to police, the investigation is still underway, and Wilkerson may wind up facing additional charges. Bail was set at $50,000 and the pastor must remain in Massachusetts and wear a GPS monitor. He is due in court on June 1. A Boston defense lawyer can help you determine how to proceed if you’ve been charged with drug trafficking.

Drug Trafficking Penalties in MA

Drug trafficking is a Class D felony in Massachusetts, and a conviction can put you behind bars for a long, long time. Penalties vary widely, based on the type of drug, aggravating circumstances, and past criminal history. However, the scenarios below may shed some light on what penalties you may be facing if convicted of drug trafficking.

  • If found trafficking 50 pounds or more of an illegal drug, you may face up to 15 years in prison, with a one-year mandatory jail sentence.
  • For at least 100 pounds but less than 2000 pounds of a drug, there is a three-year mandatory minimum sentence, but you may face up to 15 years in prison.
  • You will face a mandatory minimum of five years in prison, and up to 15 years, if you are found trafficking between 2000 and 9999 pounds of an illegal drug.

Heroin and Cocaine

Charges for the most dangerous drugs, such as cocaine and heroin, carry even more serious penalties. Trafficking Cocaine is a Class B felony and heroin is a Class A felony. If found trafficking up to 14 grams of cocaine or heroin, you may face up to 20 years in prison, with a five year mandatory minimum sentence. A MA defense attorney can help position you for the most favorable outcome if you’ve been charged with a drug crime. Continue reading

by

The term obstruction of justice encompasses myriad criminal charges that may be filed when a person impedes or “obstructs” the criminal investigation process. What exactly does that mean? The following case provides one example. In 2014, Khairullozhon Matanov was questioned by police after the Boston Marathon bombing. Although he was friends with the accused bombers, he lied to the police about his connection to the two men. As such, he was accused of obstructing a government police probe.

More recently, talk of obstruction of justice has been in the news following President Trump’s firing of FBI Director James Comey. More than a few people are speculating that the termination was intended to impede investigations into Trump’s connections with Russia. If this is true, Comey’s termination may have been an attempt to obstruct justice. A Boston defense attorney can help you determine how to proceed if you’ve been charged with this crime.

The following statement is taken from the Federal obstruction statutes and intentionally covers a vast array of behaviors. The statute prohibits any attempt to “influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress.”

Common Types of Obstruction of Justice

Not all obstruction of justice charges are related to high-profile criminal cases and the President of the United States. Let’s talk about regular people…the rest of us. What are some more common types of obstruction of justice?

  • Lying to law enforcement. Don’t confuse your right to refuse to answer questions and to request a lawyer with permission to lie to police. Making false statements is not only a form of obstruction of justice, it’s a felony. If you intentionally lie to a federal law enforcement agent while being questioned, you could find yourself behind bars for up to five years.
  • Destroying or hiding evidence. The act of altering, concealing, or destroying evidence is a felony that carries a penalty of up to 20 years in prison. Evidence can be a weapon, a document…even an email.
  • Common law obstruction. This charge encompasses a more general spectrum of obstructive acts, including persuading a witness not to testify in a criminal case. A MA defense lawyer can help position you for the most favorable outcome if you have been charged with obstruction of justice.

As with most criminal charges, the underlying offense and past criminal history factor heavily when considering penalties for a conviction of obstruction of justice. For example, in the Manatov case discussed above, each of his three obstruction charges carried a potential of eight years in prison because they impeded an investigation into terrorism. Continue reading

by

On Monday, four men who were initially charged with murder pleaded guilty to a reduced charge of voluntary manslaughter for the 2013 hazing death of would-be fraternity brother, Chun Hsien Deng. The 18-year-old student died at a weekend retreat for potential Baruch College members of the Pi Delta Psi, an Asian-American fraternity.

In December 2013, Deng traveled to a rental house in the Poconos for a hazing ritual that – according to a statement by Baruch College – would never have been allowed on campus. In the early morning hours, Deng was forced to strap a heavily-weighted backpack to his back, put on a blindfold, and follow other pledges through the so-called “glass ceiling,” a symbol of the Asian-American plight. According to a grand jury report, Deng became defiant, speaking out of turn and kicking one of the fraternity members. In response, the fraternity members became physically aggressive with their pledge, knocking him to the ground and, eventually, rendering him unconscious.

When the fraternity members realized Deng had lost consciousness, they carried him inside, laid him in front of a fireplace, and attempted to revive him. When his breathing became labored, instead of calling for medical help, they started googling phrases such as “concussion can’t wake up,” and even called a national fraternity official, who advised them to hide anything bearing the fraternity’s symbol.

Continue reading

by

An adult who persuades or helps a minor commit an act of juvenile delinquency may be charged with contributing to the delinquency of a minor (CDM). In MA, a minor is anyone under the age of 18. Juvenile delinquency is generally a criminal offense committed by a minor. Examples of CDM crimes include:

  • Serving alcohol to a minor
  • Purchasing alcohol for a minor
  • Using illegal drugs in the presence of a minor
  • Engaging in sexual acts with a minor
  • Showing pornographic material to a minor
  • Exposing minors to prostitution, sex trafficking, or any type of sexual exploitation
  • Exposing minors to any type of illegal conduct or activity

In some of the above scenarios, a person charged with CDM may face additional charges. For example, if you provide alcohol to a minor, you may be charged with CDM and providing alcohol to individuals under age 21, as well. An experienced MA defense attorney can help you determine how to proceed if you’re facing CDM charges.

Penalties for a CDM Conviction

As with most crimes, the severity of the underlying offense and past criminal history factor heavily when determining punishment for CDM crimes. Chapter 119 / Section 63 of Massachusetts Law states that: “Any person who shall be found to have caused, induced, abetted, or encouraged or contributed toward the delinquency of a child, or to have acted in any way tending to cause or induce such delinquency, may be punished by a fine of not more than $500 or by imprisonment of not more than one year, or both.” That being said, there are widely varying levels of severity when it comes to CDM charges. A mother who provides alcohol for her 16-year-old son’s after-prom party is likely to receive very different treatment from a 50-year old gym teacher who is caught showing pornography to middle school students.
It is a crime to aid a minor’s act of delinquency in any state. However, in order for an individual’s conduct to be considered an act of CDM, certain elements must be present. An adult must have committed an act that caused a minor to become delinquent. In some cases, an adult can also be charged with CDM if his or her failure to perform a duty caused a minor to become delinquent. And the minor doesn’t even have to actually commit the act for charges to be filed. For instance, if an adult buys marijuana for a minor but the minor never uses it, the adult can still be charged with CDM.

Exceptions to CDM

Certain acts are not always considered a crime. For example, although it is illegal to give alcohol to someone under the age of 21, there are some exceptions. In MA, for instance, it is not a crime for a parent to share a glass of wine with a teenage child in a restaurant. A Boston criminal defense lawyer can help you build a solid defense if you’ve been charged with CDM. Continue reading

Contact Information
Cambridge, MA
Main Office
675 Massachusetts Avenue
Cambridge, MA 02139
Phone: 617.206.1920Fax: 617.491.3299Toll Free: 800.481.6199
Boston, MA
1 State St
Suite 2
Boston, MA 02109
Phone: 617.547.1205Toll Free: 800.481.6199
Needham, MA
250 First Avenue 2nd Floo
Needham, MA 02494
Phone: 781.675.2329Toll Free: 800.481.6199

Some Select Cases are referred to other attorneys for principal responsibility

By publishing this information on this Website, the Boston, Massachusetts law firm of Altman & Altman LLP is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Altman & Altman LLP
JUSTIA Law Firm Blog Design