Boston Criminal Lawyer Blog

February 7, 2017

How Do I Get My Record Expunged in Massachusetts?

Court records are public domain. Essentially that means that anyone with a few bucks to spend can access your criminal record, arrests, and even your mug shot. An expungement is a process in Massachusetts whereby these records are sealed. Although criminal records are not erased, they become inaccessible to the public, which includes potential employers and landlords. Read on for more information about expungements, if you are eligible to have a prior conviction or arrest expunged, and how to accomplish this liberating task.

If you were arrested but found not guilty, an expungement is a relatively easy process. You can file for an expungement, which will prevent the record of your arrest from being viewed by the public. It will also prevent the record from showing up in an employment or housing background check. If you were convicted, however, things get a bit more complicated. If you have been charged with a crime, contact a MA defense attorney today.

Misdemeanor vs. Felony

If the conviction was for a misdemeanor offense, you can file for an expungement once five years have passed without another conviction. Basically, your record has to remain spotless. If you were convicted of a felony, however, the “spotless record” period increases to 10 years. And much is dependent on the underlying offense. If you were convicted of an OUI, the likelihood of an expungement is good. If it was a sexual offense, you must wait at least 15 years and the process becomes extremely complex. If you are considering getting a felony offense expunged from your record, contact a Boston criminal defense lawyer today.

The Process

Clearing your record of prior arrests and convictions can have an immensely positive impact on your life. No longer will you be filled with anxiety every time you apply for a job, housing, or even a loan. A positive outcome calls for experienced legal counsel. In theory, you can apply for an expungement on your own, but it is highly inadvisable. A minor error can be the difference between a clean record and a mistake that continues to haunt you for years.

Step one is to file a “Petition to Seal” with the District Court from which the case originated. This can include documents that support your petition, including disadvantages arising from public access to your record, evidence of rehabilitation, and other relevant evidence and circumstances. The next steps include:

Preliminary review of your petition: Once filed, the District Court judge will begin to review your petition. If you meet the preliminary requirements for expungement, you will be notified of a court hearing date. If you do not meet the preliminary requirements, you will be notified in writing.

Hearing: The purpose of the hearing is to give you an opportunity to tell the court why your record should be expunged. If you hire an attorney, in addition to filing all paperwork above, he or she can speak on your behalf at the hearing.

Decision: At the conclusion of your hearing, you will either be given an immediate decision or the judge will take the case under advisement. If the latter, you will be notified by mail of the final decision.

Appeals: If the initial decision is not favorable, you can appeal with the MA Appeals Court.

February 6, 2017

You’re Not Home – Some Kids Start Drinking at Your House- Are You Responsible?

by Altman & Altman

Most parents understand that it is illegal to provide minors with alcohol, even at a well-controlled, responsible party held at their home. Of course, some still choose to do it. But what if kids consume alcohol in your home without your knowledge? Can you still get in trouble? If you ask Stanford Professor Bill Burnett, who was arrested on 44 counts of contributing to the delinquency of minors in 2012, he would likely give you a resounding yes. Burnett and his wife claim to have provided chips and soda for the kids before going to bed only to be woken up hours later when cops responded to a complaint of underage drinking.

Although Burnett claims to have told his son that absolutely no alcohol was permitted, he was charged under social host laws for each of the 44 teens in attendance at his son’s party that night. Each charge was a misdemeanor offense with penalties of jail time and up to $2,000 in fines. About 18 states have social host liability laws, and Massachusetts is one of them. Social host laws prohibit serving or providing access to alcohol to minors, but simply being present in a home where minors are imbibing – even if you are unaware – may result in legal consequences. In fact, parents may even face criminal charges if they weren’t home during an alcohol-infused teen party. If you are facing charges for providing alcohol to a minor, contact a Boston criminal defense lawyer today.

As stated in Massachusetts General Law Chapter 138 section 34:

February 2, 2017

Can I Clear Up an Outstanding MA Warrant if I’m Out of State?

by Altman & Altman

In most cases, a bench warrant has to be taken care of in person. If you moved to California to avoid another New England winter, you will still have to come back to MA if this is where the warrant was issued. There are some exceptions, but navigating this complex process requires the assistance of a skilled defense attorney.

In certain situations, a lawyer can go to court on your behalf. This is especially true if the lawyer has a good reputation with the court. Several factors will be considered before such an exception is allowed, however. For starters, if the warrant is for a felony, you will almost certainly have to appear in person. If, on the other hand, the warrant is for something minor, such as failing to pay a fine, the warrant may be dismissed once full payment is received. In misdemeanor cases, an out of state client may hire an attorney to stand in for court proceedings. However, as explained above, this will only be approved under certain conditions.

Arrest Warrants

January 31, 2017

Are Online Threats Illegal?

by Altman & Altman

Since the advent of social media, bullying and harassment are no longer limited to phone calls, emails, and face-to-face encounters. Now people can threaten and harass others from the comfort, and privacy, of their living room. We all know keyboard warriors who type cruel, vile things they would never say to someone’s face. But when do nasty remarks become illegal?

The Age of Cybercrime

Cybercrime, including cyberbullying and online threats, has taken center stage in recent years. In 2014, the Supreme Court ruled to reverse the conviction of a man who posted lyrics about his fantasy to kill his wife on social media. Possibly in response to this decision, several states have adopted legislation to protect people from cybercrime. According to the Supreme Court, the intent is what matters. Therefore, threatening words may only be words if there is no actual intent to harm another person. Even cruel speech may be protected under the first amendment. Whether or not a threat was intentional, however, is often a matter of opinion. For this reason, it is important to obtain legal counsel if you have been charged with a cybercrime. Contact a Boston criminal defense lawyer today.

January 30, 2017

Facing OUI Charges in Massachusetts? What are the Long-Term Consequences?

by Altman & Altman

The thought of getting an OUI is an unpleasant one, regardless of the circumstances. However, depending on several factors including criminal history and previous OUIs, punishments can be quite severe, and a conviction could haunt you for years. Read on to learn more about different OUI scenarios and their potential long-term consequences.

To Plea or Not to Plea

If you are charged with OUI, you may be offered a plea bargain. If this plea bargain offers probation instead of jail, your first instinct might be to jump at the opportunity. But beware. Probation for OUI offenses typically lasts longer than a similar jail sentence, and if you violate any of your probation conditions, you may wind up in jail anyhow. If you’ve been charged with an OUI offense, contact a Boston criminal defense lawyer today.

January 26, 2017

Crime and Gang Violence in Boston as We Enter a New Year

by Altman & Altman

Although crime in Boston is reportedly down, murders were up in 2016. There were a total of 47 homicides in Boston last year, which is nine more than 2015. The first homicide of last year was a 16-year-old teen who was shot and attacked with a machete in East Boston. Sadly, he was the third teen to be murdered in that neighborhood in only four months. According to police, all three deaths were part of an initiation for the MS-13 street gang. Suspects are currently awaiting trial.

According to Boston Police Commissioner William Evans, the police department has been cracking down on violent gang activity. “Our No. 1 priority is taking guns off the street and taking the violence out of our communities,” said Evans. “Operation Wolfgang” is a joint effort among federal, state and local law enforcement to seize drugs, cash, and guns and clear the streets of a drug ring known as the Mozart Street Gang.

46 People Overdose Every Day in the US

According to Suffolk County District Attorney Dan Conley, the arrests of nearly three dozen traffickers will save lives. “Traffickers like these, not only do they rob, shoot and even kill their business rivals and innocents who get caught in the crossfire, they’re responsible for the overdoses that claim three times more lives in Massachusetts than handguns and motor vehicles combined,” said Conley. According to FBI Special Agent Harold Shaw, “Drug overdose is the leading cause of injury death in the United States, claiming the lives of 46 people every day.” These arrests are also likely to make a dent in the amount of heroin passing through Boston’s city, and suburban, streets. If you are facing charges for any type of criminal offense, contact a Boston defense lawyer today.

Shannon Grants

MA has awarded $5.7 million in grant funds to support the efforts of law enforcement to clear the streets of gang violence. According to Gov. Charlie Baker, the funds will be distributed to more than a dozen organizations and communities in the Boston area. Part of this funding goes to providing at-risk youth with education and employment opportunities. The hope is that these opportunities will be a welcome alternative for kids who may have otherwise gotten involved with gangs. The so-called “Shannon Grants” are named for Charles Shannon, a police officer who later became a Senator. The cities receiving funding are Boston, Brockton, Fall River, Fitchburg, Haverhill, Holyoke, Lawrence, Lowell, Lynn, New Bedford, Pittsfield, Springfield and Taunton. If you have been charged with a crime, contact a MA defense lawyer today.

Gang violence is a problem in Boston, but sometimes people are simply in the wrong place at the wrong time. If you are charged with a gang-related crime by association when you did nothing wrong, you will need the assistance of a skilled defense lawyer to avoid getting locked up and paying hefty fines. In some cases, simply being photographed with a person who is flashing a gang sign can be enough to convict you of crime by association. Continue reading

January 24, 2017

Is Buying a Gun for Someone Else in Massachusetts Illegal?

by Altman & Altman

The answer to this question is, it depends on the circumstances. A secret purchase made by one person to obtain a firearm for someone who cannot own a weapon is illegal. This is known as a straw purchase. If the person for whom the gun is being purchased is not disclosed to the seller, the seller is not able to run a background check for the intended owner. As background checks are an important component of the purchasing process, the straw purchase is a big no-no. Guns are dangerous weapons, and trying to evade the rules of ownership can put you behind bars.

But What About Gifts?

Straw purchases are illegal, yes, but that doesn’t mean that it’s always illegal to buy a gun for another person. Let’s say I want to buy a gun for my husband, as a gift. I can do this…but I have to follow guidelines set forth by the law. In Massachusetts, residents are required to report any sale or transfer of a weapon within seven days of the sale or transfer. This applies to gifts as well. Yes, you can purchase a gun as a gift for another person. No, you cannot purchase a gun for someone that you know cannot legally own a gun. In fact, doing so is a federal felony. Even if you didn’t know, but should have known, you can be in hot water. If you’re not 100% confident that the intended recipient can legally own a gun, play it safe. You can always go to a gun retailer, purchase a gift certificate, and give that as the gift.

January 23, 2017

Charged with Violating a Restraining Order in MA?

by Altman & Altman

In the state of Massachusetts, a restraining order is also known as a 209A order. If a restraining order has been issued against you and you violate any of its terms and conditions, you have committed a criminal offense. If convicted, you could face up to two-and-a-half years in jail and a fine of up to five thousand dollars. The best advice? Don’t violate a 209A order. But if you’ve made a mistake, or an angry ex has embellished the truth in order to punish you, it’s in your best interest to contact a skilled criminal defense attorney without delay. The law offices of Altman and Altman have been representing individuals charged with violating restraining orders for over 50 years, our experienced criminal defense team is just a phone call away. Our phones are answered 24/7.

If convicted of violating a 209A order, you may be required to complete a “batterer’s program” in addition to jail time and fines. Judges take violations very seriously, and failure to abide by the terms of a 209A order can result in devastating consequences. Four elements must exist in order to convict someone of violating a restraining order.

So, what constitutes a violation? Let’s take a look:

January 23, 2017

Getting Questioned by Police? What are Your Rights?

by Altman & Altman

In just about every interaction with law enforcement, you can refuse to answer questions asked by police. However, depending on the circumstances, the outcome may be somewhat different. Whether or not you are in custody at the time of questioning may play a significant role in how police respond to your silence. Often times the police will want to talk to you regarding a crime that you may be a suspect. Certainly contacting a Boston Criminal defense lawyer is your smartest and safest way to handle this, however, if you choose to speak to the police with an attorney present it’s important to know your rights. Read on to explore three different scenarios and to learn how “staying mum” can impact the outcome of each.

Silence is Golden

If you are stopped out of the blue, you can refuse to answer police questions. Although the well-known Miranda warning (you have the right to remain silent) won’t be read to you in a brief investigatory stop, it is your right to refuse to answer questions. You may also ask if you are being detained. If you are, you must stay present. However, if police say you are not being detained, you can stop talking and slowly walk – don’t run – away. If you are facing charges for any type of criminal offense, contact a Boston defense lawyer today.

January 20, 2017

MA Highest Court Issues Ruling in Scandal Involving 24,000 Tainted Drug Tests – Can You Appeal?

by Altman & Altman

In 2012, former drug lab chemist Annie Dookhan was caught tampering with evidence and falsifying test results in thousands of criminal drug cases. For her crime, Dookhan spent three years behind bars. But what about the falsified tests? More than 24,000 drug convictions may have been involved in the tampering scandal. What happens to those individuals? On Wednesday the highest court in Massachusetts rejected a proposal to dismiss all 24,000 convictions, with the exception of those directly impacted by Dookhan’s crime.

As many defendants continue to wait for an opportunity to challenge their convictions, this week the Supreme Judicial Court ruled against ordering the dismissal of all 24,000 cases. In addition, the court declined the prosecutors’ recommendation to take no new action. In lieu of a blanket dismissal, the high court is implementing a three-phase system to handle the cases. If you have been charged with a drug crime, contact a Boston defense lawyer today.

Three-Phase System