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If you’re driving through Quincy, you may want to think twice before picking up your smart phone or other handheld device. Effective Friday, April 6, Quincy’s police department has launched a crackdown on distracted driving as part of a larger, statewide effort to make MA highways safer. Quincy police will be looking for distracted drivers, and issuing tickets to those who are using handheld devices while behind the wheel.

The MA Executive Office of Public Safety and Security recently awarded a grant in the amount of $20,000 to the Quincy Police Department. At least part of the funds, which are earmarked for 2017 traffic enforcement operations, will go toward the campaign against distracted driving. Braintree, Norwell, and Weymouth are also taking part in the larger, statewide campaign. A Boston injury lawyer can help you determine how to proceed if you’ve been injured in an accident involving a distracted driver.

“Our goal is keeping all road users in our community safe,” said Quincy police Capt. John Dougan. “If you text, dial or read a message on your phone while driving, you are endangering the lives of those around you, and you will be stopped. Using our community’s crash data, our officers will determine where the majority of crashes occur and focus their patrols in those areas.”

It’s Against the Law

Writing, reading, or sending electronic messages while driving is against the law in Massachusetts. The same goes for using apps or otherwise “browsing” the internet. And you don’t have to be moving to get busted; it’s just as illegal to text when you’re sitting at a traffic light as when you’re doing 60 down the highway. If you’re under 18 and behind the wheel, all use of electronic devices is prohibited, even making or answering a phone call. If a distracted driver has caused you physical harm or financial loss, a MA injury lawyer can help you determine how to recover damages.

What’s the Penalty?

If you’re caught illegally using an electronic device while driving, you may receive a fine of up to $500. And drivers under 18 could lose their license for up to one year. “It’s something that we are always looking for, but this specific campaign will add extra officers and time devoted strictly to distracted driving enforcement throughout the month of April,” said Quincy police Sgt. Karyn Barkas.

Distracted Driving Statistics

In the United States, more than eight people are killed due to a distracted driver every day. Texting is likely the most dangerous form of distracted driving as it involves every type of distraction: visual, manual, and cognitive. But anything that takes your eyes or mind off the road, from using a navigation system to eating, can be a distraction while driving.

  • According to the National Safety Council, 1.6 million motor vehicle crashes annually are a result of cell phone use.
  • One out of every four car crashes in this country is caused by texting while driving.
  • In a recent AAA poll, 94 percent of teen drivers are aware of the dangers of texting while driving, yet 35 percent admit that they do it anyway.
  • Teens are four times more likely than their adult counterparts to be involved in motor vehicle crashes while texting or talking on a cell phone.

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Chicago’s DePaul University recently made headlines for something its administration likely hopes will soon be forgotten. Four of the university’s students have been arrested for attempting to sell over 100 Xanax pills to undercover officers. The transactions, which took place on four separate occasions over the last few weeks, are a stark reminder of the reality of prescription drug abuse on college campuses, and throughout the country.

Xanax is one of a number of commonly abused prescription drugs, and it doesn’t discriminate. Like Oxycontin, Vicodin, and Valium, the addictive qualities of Xanax destroy the lives of the young and old, rich and poor, male and female, white and black, alike. All of these drugs are legal when obtained with a valid prescription from a licensed medical doctor, but that doesn’t prevent legal recipients of highly-addictive prescription drugs from becoming dependent on them.

Despite the addictive nature of many prescription drugs, abuse is treated as a crime. It is illegal to purchase, sell, or even possess these medications without a valid prescription. Like heroin and cocaine, prescription drugs are controlled substances, and they are federally regulated like their “street drug” counterparts. As such, getting caught selling, or illegally purchasing or possessing these drugs comes with serious consequences. A MA criminal defense attorney can help if you are facing drug charges.

What is the Penalty for Possession of Illegal Prescription Drugs in MA?

As with most criminal offenses, the penalty for possession of illegal prescription drugs is largely dependent on the nature of the offense and prior criminal history. If, for example, you have no criminal history and you are caught with a small amount of an illegally-acquired prescription drug intended for personal use, your penalty will likely not be too severe. Chances are, you will be charged with a misdemeanor offense, or less. If, on the other hand, you have previously been convicted of distribution of an illegal substance and you are caught manufacturing illegal prescription drugs, the penalty will be much more severe. A Boston drug crimes defense lawyer can help you determine how to proceed if you are facing charges for selling prescription drugs.

Each type of illegal drug falls into a specific category, and most of the dangerous (addictive) prescription drugs are classified as Class B or Class C. For both classes of drug, the penalty for possession is up to one year in jail. Penalties increase for second and subsequent offenses, and if there was an intent to distribute. Whatever the circumstances of your case, it is crucial to hire experienced legal representation. Drug crimes are not taken lightly in MA, and the right lawyer can mean the difference between years behind bars and freedom.  Continue reading

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As the cost of prescription medication continues to rise, so does the rate of prescription drug fraud. Although most prescription fraud is related to the abuse of prescription drugs, more and more people are committing this criminal offense to obtain medication they couldn’t otherwise afford. That being said, the lion’s share of this crime is still committed by those who plan to distribute or abuse prescription drugs. If you are being charged with prescription drug fraud, a MA criminal defense attorney is your best line of defense.

Prescription drug fraud used to be limited to signing a prescribing doctor’s name on a stolen prescription sheet. However, electronic medical records and prescriptions have taken this crime to a whole new level. At first glance, it may seem that this type of fraud has become more difficult to commit, but the opposite is actually true. Although the process of electronic prescription fraud is more sophisticated today, it’s actually much easier to pull off. With today’s technology, you don’t even have to leave your living room to commit prescription fraud.

And this type of fraud doesn’t have to involve hacking into a system and forging electronic prescriptions. Even modifying a legitimate prescription (changing the medicine strength or number of refills) is illegal. There are countless ways of committing prescription fraud that may seem less serious…but at the end of the day, fraud is fraud. For example, some people will visit several physicians at the same time, request the same prescription from each physician, and have each prescription called into a different pharmacy before anyone figures out what’s going on. However, this method is becoming increasingly difficult as insurance carriers continue to beef up their systems for sorting out fraudulent claims. The drugs that insurance companies are most concerned with include OxyContin, Xanax, Valium, Percocet, and Vicodin, all which have high rates of abuse.

Penalties for Prescription Drug Fraud

When you forge a prescription, and then present that prescription as an official note from a licensed M.D., you are committing prescription drug fraud. In MA, the penalties for this crime are largely dependent on the nature of the crime and whether or not you have any prior criminal history. Generally, if it is your first offense, you may be facing up to two-and-a-half years in jail, and fines of up to $30,000. For a second offense, the punishment is markedly more severe; you may be looking at up to eight years in prison.

A bit of good news: if this is your first offense, MA usually offers some type of diversion program as an alternative to imprisonment and hefty fines. A Boston defense lawyer can help you determine if you are eligible for such a program. If you qualify, you will likely enter an addiction treatment program. Upon successful completion, your sentence will either be reduced, or all charges will be dropped. Diversion programs are great for keeping you out of jail and keeping your record clean, but they also provide treatment for what is more likely a disease than a crime. Prison is rarely the best place for an addict. Continue reading

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Also known as domestic abuse, domestic violence charges are aggressively prosecuted in Massachusetts. To understand how to handle these charges, it’s important to first understand what constitutes domestic violence. In MA, domestic violence includes almost any crime of abuse that is committed by one household member against another. Types of abuse include:

  • An attempt to cause physical harm
  • Causing fear of imminent physical harm
  • Making another engage in sexual relations by physical force, threat, or duress

As you can see from the different forms of abuse above, domestic violence can be emotional and sexual, as well as physical. It can even include economic control and neglect. For example, if a man refuses to buy food for his wife unless she has sexual relations with him, or if a boyfriend locks his girlfriend in the basement for two days because he is jealous of her male friendships.

In order to make an arrest for domestic violence in MA, a police officer must have probable cause to believe that a domestic violence offense has occurred within the past four hours. If the officer believes this to be the case, he or she will arrest the individual believed to be the main aggressor in the incident. In some situations, this is obvious. In others, the primary aggressor is difficult to determine. If a restraining order was violated in the process, state law requires the mandatory arrest of the one in violation.

Charges Cannot be Dropped

In MA, domestic violence cases are not dismissed, even if the victim decides to drop charges. Once filed, only the prosecutor is able to drop charges. And the judge has to approve the prosecutor’s request for case dismissal. It is not uncommon for the State to prosecute a case even when the victim wishes to drop charges and refuses to testify against the defendant. A MA criminal defense lawyer can help you determine how to proceed if you are facing charges for domestic violence.

Penalties for Domestic Abuse in MA

Domestic abuse can be a misdemeanor or a felony. How this charge is classified, and how it is penalized, is largely dependent on the underlying crime, and the defendant’s prior criminal history. In most cases, domestic violence convictions will result in a prison sentence of up to two-and-a-half years and a fine of up to $1,000. Probation, counseling, and substance abuse treatment are often required as well. In some cases, such as when a restraining order was violated in association with the crime, a domestic violence conviction may bring up to five years in prison and up to $5,000 in fines. A Boston domestic violence defense lawyer can help you determine what penalties you may be facing based on the nature of your crime. Continue reading

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In September 2013, officials linked to New Jersey Gov. Chris Christie used their power to abruptly close lanes on one of the world’s busiest bridges, the George Washington, for four days. Bridget Anne Kelly, Christie’s former deputy chief of staff and Bill Baroni, former deputy executive director for the Port Authority, were sentenced last week for their crimes. During Baroni’s sentencing, Judge Susan Wigenton said the crimes were “an outrageous abuse of power,” and that the incident “culminates another unfortunate chapter in the history of New Jersey.”

The 2013 act of political revenge resulted in a sentence of 24 months in prison for Baroni, and 18 months in prison for Kelly. In addition, both were ordered to complete 500 hours of community service, and pay fines. The conviction came in November, when Baroni and Kelly were found guilty on seven counts, including civil rights deprivation, fraud, and conspiracy. A MA defense lawyer can help if you’ve been charged with criminal conspiracy.

The George Washington Bridge, connects Fort Lee, New Jersey with Manhattan. According to court documents, the four-day closure became a serious public safety risk, endangering citizens and causing severe traffic delays. So, why did officials order the abrupt closure of lanes on one of the world’s busiest bridges? The prosecution alleged that the effort was intended to punish Fort Lee’s Democratic mayor for not endorsing Christie’s 2013 bid for re-election.

It’s All in the Emails

Charges were filed following an investigation that uncovered incriminating emails and text messages. In one email between Kelly and former Port Authority official David Wildstein, Kelly wrote, “Time for some traffic problems in Fort Lee.” Kelly claims that the email was sarcastic and humorous and that it referred to results from a recent traffic study. It is estimated that the duo’s actions cost Port Authority over $14,000. In Baroni’s testimony, he claimed that he thought the lane closures were part of a legal traffic study, and that Wildstein had relayed this information to him. Wildstein, who is accused of being the mastermind behind the vengeful incident, pleaded guilty to one civil rights violation and one charge of conspiracy to commit fraud.

Only a Prison Sentence Can Restore the Community’s Faith in Public Institutions

The sentences may seem harsh, but prosecutors believed that a prison sentence was the only way to deal with this level of public corruption. The court documents stated that, ”As both Baroni and Kelly surely understood given their lengthy tenures in New Jersey government, crimes committed by public officials are particularly insidious because they destroy the community’s faith in its own public institutions.”

What is Criminal Conspiracy?

In MA, criminal conspiracy is an agreement between two or more people to commit an unlawful act. Three elements must be present to prove a conspiracy existed in MA. These are:

  • The defendant entered into an agreement with at least one other person.
  • The agreement had a criminal or unlawful purpose.
  • The defendant was aware that the purpose was criminal or unlawful and intended to carry out the act.

Penalties for Criminal Conspiracy

Depending on the offense the defendant was conspiring to commit, and any prior criminal history, the penalties for conspiracy can vary widely. If the underlying offense was a misdemeanor, the penalty is up to two-and-a-half years in jail and up to a $2,000 fine. If, however, the defendant conspired to commit a felony, he or she may be facing up to 20 years in prison and a fine of up to $10,000. A Boston defense lawyer can help you determine how to proceed if you’re facing criminal conspiracy charges. Continue reading

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The words “assault” and “battery” are usually used together to describe the criminal act of physical violence, or the threat of physical violence, against another person. These two words have distinctly separate meanings. However, they also have many similarities and often occur together. While assault can involve just a threat of violence, battery involves the intentional offensive or harmful touching of another person.

The Three Elements of Battery

For a person to be convicted of battery, the following three elements must have been present:

  • The touching was intentional.
  • The touching was offensive or harmful.
  • The victim did not consent to the touching.

It may come as a surprise that battery does not require an intent to harm, only an intent to make contact with the victim. So, accidentally bumping into a person who subsequently falls down and is injured is not battery. But spitting on someone, although it does not result in injury, may constitute battery. Basically, if you make offensive or harmful contact with another person, you may be charged with battery. A Boston defense lawyer can help you determine how to proceed if you are facing battery charges.

Penalties for Battery in Massachusetts

If you have been charged with battery, you may be wondering what penalties you are facing. In MA, individuals convicted of this offense may receive the following penalties:

  • First offense: Up to two-and-a-half years in jail, and a fine of up to $1,000.
  • When bodily injury to a child occurs: Up to five years in prison.
  • When significant bodily injury to a child occurs: Up to 15 years in prison.
  • When serious bodily injury occurs, or the act is committed against a pregnant woman: Up to five years in prison, and a fine of up to $5,000.
  • Second and subsequent offenses against a family member: Up to five years in prison.

As with any crime, penalties for battery are largely dependent on prior criminal history, previous battery-related convictions, and whether any aggravating circumstances were present when you committed the act. If, for example, you have no prior criminal record, you are not likely to face serious penalties if you are charged with battery for spitting on someone. On the other hand, if you have an existing criminal record, and you are charged with battery for harming a pregnant woman, you may be facing some serious time behind bars. In either situation, the help of a skilled MA defense attorney can make all the difference in the world.

Domestic Assault and Battery

Domestic assault and battery is basically the same act as regular assault and battery, with one exception. Domestic assault and battery involves a family or household member. Penalties for this offense depend on the specifics of your particular case, but the standard penalty is up to 30 months in prison, and up to a $1,000 fine. In addition, you may be required to complete a Certified Batterer’s Program, which can cost more than $3,500 in some situations. Continue reading

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We’ve all heard the term embezzlement in the news and in crime movies, but most people don’t know what it actually means. If you’ve been accused of embezzlement, you may be unsure of what your charges entail. Embezzlement is a form of theft, but it’s much more specific than shoplifting or taking a purse from the seat of a car. Embezzlement involves theft of assets by an individual who is responsible for managing those assets.

Embezzlement is most common within businesses and corporations, and when individuals are put in charge of managing loved one’s estates. This crime can be as simple as taking a few dollars here and there while working as a cashier or bank teller, or as complex as creating fake employee profiles and writing monthly checks to employees who don’t actually exist. In many cases, the individual keeps the money for himself or herself, but the transference of funds outside of the company to another individual can also constitute embezzlement. Consulting with a skilled Boston criminal defense lawyer is crucial to a positive outcome if you’re facing embezzlement charges.

Four Factors of Embezzlement

Defined as the theft or larceny of assets by a person with responsibility for those assets, embezzlement likely occurred if the following four factors were present:

  • A fiduciary relationship between two parties; one party must rely on the other.
  • The property in question must have been acquired through the relationship.
  • The defendant must have transferred the property to another person or entity, or he or she must have taken ownership of the property.
  • The action of taking the property was intentional.

Accounting embezzlement, which involves manipulating accounting records to conceal the stealing of funds, is one of the most common forms of the crime. When a person is given lawful possession of someone else’s property, for the purpose of managing it, but converts it to personal use, this is embezzlement. In some cases, people take large sums of money at once, while other people embezzle small amounts over an extended period of time. It is also possible to embezzle property, such as laptops or company vehicles. A MA defense attorney can help you determine how to move forward if you are facing this type of charge.

Penalties for Embezzlement in Massachusetts

The penalty for embezzlement in MA is largely dependent on the value and type of property stolen, as well as on the defendant’s prior criminal history.

  • Value of stolen property is worth $250 or less: If it’s a first offense, you could face fines of up to $600, and up to two-and-a-half years in prison.
  • Value of stolen property is worth $250 or more (or if the stolen property included firearms): You may face a fine of up to $25,000, and up to five years in prison.
  • Trade secrets: You could be looking at a fine of up to $25,000, and up to five years in prison.

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False accusations occur more frequently than most people think. Especially when it comes to cases involving bitter divorces and child custody battles. Depending on the circumstances of the accusation, however, penalties range from a proverbial slap on the wrist to up to 20 years in prison. The penalties you may be facing for making false criminal accusations are largely dependent on your intent, what you accused someone of, and how you made the accusation.

Accidentally making a false accusation is not a crime. If you report in good faith that someone has committed a crime, you are not likely to face criminal prosecution even if that person did not, in fact, commit a crime. Of course, you may have to convince the court that your accusation was made in good faith. A MA defense lawyer can help if you find yourself in this situation. If, however, you cannot show that you reasonably believed the accusation to be true, you may find yourself criminally and civilly liable.

Was There Intent?

In MA, it is a misdemeanor to knowingly report false information to police. In addition to up to one year in jail, you may also face a civil lawsuit for falsely accusing another person of a crime. False accusations can result in emotional distress and suffering on the part of the person being accused. For these reasons, you could be facing punitive and compensatory damages for making a false accusation. Compensatory damages compensate victims for any losses they suffered due to your actions, while punitive damages are paid as a form of punishment.

When you falsely accuse another person of committing a crime, the legal claims you are most likely to face will be civil claims based on one of the following: malicious prosecution, false imprisonment, or defamation of character.

Accusations of Terrorism

In some cases, false accusations can carry felony charges. If you falsely accuse someone of terrorist activity, or of something serious and immediate enough to require urgent response from police, your punishment will be more severe. “Swatting” occurs when a SWAT team or other urgent response from law enforcement is necessitated. Penalties for this type of false accusation are much higher for two reasons: there is a greater chance that the civil rights of the accused will be violated if an urgent response occurs, and the cost of deploying a SWAT team or similar response is great. As such, false accusations involving terrorism may be punishable by up to 20 years in prison.

Randomly making a false accusation about someone to a friend or acquaintance isn’t likely to result in criminal charges. When you make false accusations to law enforcement, however, you are likely to find yourself in hot water.  A Boston defense attorney can help you determine the best legal strategy if you are facing these charges. Of course, as with all offenses, prior criminal history will factor heavily in the outcome of your case. Continue reading

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OUI checkpoints pop up on heavily traveled roads throughout MA every weekend. You have rights if you are stopped at one of these checkpoints, but it’s important to keep the following in mind – the U.S. Supreme Court ruled that OUI checkpoints are legal. So, while you do have rights, you must stop at a checkpoint if directed to do so. Read on for more information about what to do, and what not to do, if you are stopped.

OUI Checkpoint Dos

  • If you are directed to stop, do so as soon as it is safe to pull over. The requested stops are usually done at random, so don’t panic if you are directed to pull over.
  • Stay calm, and politely follow the officer’s instructions.
  • Provide law enforcement with requested information, such as your driver’s license and vehicle registration. Failing to do so may cause suspicion and result in further complications, even your arrest.

OUI Checkpoint Don’ts

  • Avoid violating traffic laws when you are driving through a checkpoint. This may sound obvious, but it’s easy to make mistakes when you are panicking. Don’t make illegal U-turns, use excessive speed, or ignore an officer’s signals to pull over. These actions could give police reason to suspect you of OUI.
  • Don’t unnecessarily incriminate yourself. If police ask if you’ve had anything to drink, politely decline to answer the question. Although you may think it will help your case to say you’ve only had one or two beers, this statement can be used against you. In fact, other than providing police with identifying information, such as your license and registration, you should – politely – decline to answer any questions that police ask you.
  • Decline field sobriety tests. You are absolutely able to refuse field sobriety tests; politely decline and inform police that you know it is your right to refuse.
  • Do not volunteer to take a breath test. If you haven’ been arrested, you are not required to submit to a breath test. Once you have been arrested, there are penalties for refusing. However, in some cases these penalties are less severe than the potential penalties of an OUI conviction. It is impossible to give a blanket statement as to whether you should or should not refuse a breath test if arrested for OUI. This can only be determined on a case by case basis, incorporating factors such as prior criminal history and OUI convictions. A Boston defense attorney can help you understand how refusing a breath test might impact you, based on your personal circumstances.

Massachusetts is tough on OUI. Even first-time offenders may see jail time, have their license suspended, and be required to have an ignition interlock device (IID) installed. These devices require a driver to provide an alcohol-free breath sample before his or her engine will start, and periodically throughout the drive. Second and subsequent offenders will have even stiffer penalties. If you made the mistake of driving while intoxicated, don’t make another one by hiring the wrong attorney. A skilled MA OUI attorney can make all the difference in the world.

Altman & Altman, LLP – Boston’s Premier Criminal Defense Law Firm

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Since 2014, following a Supreme Court ruling, police have needed a warrant to search cell phones of criminal suspects. According to the justices, cell phones and other electronic devices belong to a different category than other “closed containers,” such as wallets and vehicles. When law enforcement officers have probable cause, they are able to conduct limited searches of these items. However, due to the extent and type of information that portable electronic devices may contain, the court agreed that they must be treated differently.

Unreasonable Search and Seizure?

Under the Fourth Amendment of the Constitution, “unreasonable searches and seizures” are prohibited. Despite this, warrantless searches are sometimes permitted, when the safety of officers is in jeopardy and, in some cases, when the destruction of evidence is a concern. This is why initial, limited searches of vehicles, wallets, and purses or briefcases are allowed in certain situations. But smart phones are different. This ruling came after criminal suspects in California and Massachusetts were convicted, in separate cases, following a warrantless search of their electronic devices. Using text messages, phone numbers, addresses, and photos found in their devices, officials were able to link them to gang activity. A MA defense attorney can help if you believe your constitutional rights were violated during your arrest.

The 2014 Supreme Court ruling stated that:

”The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought. Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple — get a warrant.”

Almost Everyone Has a Cellphone

According to a Pew Research Center survey, more than 90 percent of Americans currently have access to a cellphone, and about 58 percent have a “smart phone.” And it’s not just the United States. According to the United Nations, most of the seven billion people on earth have access to mobile devices.”Modern cell phones, as a category, implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet, or a purse,” remarked Chief Justice John Roberts. “Cell phones differ in both a quantitative and a qualitative sense from other objects that might be kept on an arrestee’s person.”

Just as law enforcement cannot search someone’s home without a warrant – except under very specific circumstances – they cannot search a cellphone. As cellphone and smart phone technology is new (relatively speaking), legislation around their searches is complex, and constantly evolving. A Boston defense lawyer can help you determine how to proceed if you’ve been charged with a crime following a search of your portable electronic device. Continue reading

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