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Hello there. Attorney Sam Goldberg here with a question. What do the new motion picture “Patriots Day”, the issue of bullying and this blog have in common?

The answer is a certain hip hop artist I have mentioned from time to time by the name of Token. Token has a very small part in the movie…and a non-musical one at that. However, he has also recently released his latest music video, “Exception”, which can be found at various places.

Without going through the entire story line and it tragic ending, suffice to say that the video takes the march against bullying from a different perspective. Sure, the song is anti-bullying. But, then again, most people are.

This song, though, focuses it’s attention on the witnesses to events of bullying. In fact, as in various interviews, 18-year-old Token admits that he, himself, has been guilty of sitting back and simply watching such events in silence. He further explains that the reason for the title “Exception” refers to a line in the song indicating that the high school in the video is a typical suburban location where most people figure is an exception to the bullying issue…so nobody has to worry about it.

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If you’ve been charged with operating under the influence of alcohol or drugs (OUI), there are multiple steps you can take to fight the charges. But you’ve got to act fast. It may seem easiest and most appealing to take a plea bargain, but once you’ve admitted guilt, your options are limited. If you want to “win” your OUI case, follow the steps below to improve your chances of reduced charges, a not guilty, or an outright dismissal.

Step One: Hire an Experienced OUI Trial Attorney

If the prosecution knows that your defense attorney is willing to go to trial, they are more likely to bend under pressure. Prosecuting attorneys know that a good trial attorney will fight tirelessly to protect a client; filing every possible motion available to them, challenging each and every piece of evidence, and calling on the best experts.

Step Two: What is the Evidence?

Solid evidence against you can be damning, but in a significant number of OUI cases, the evidence is less than compelling. In many situations, evidence such as breathalyzer results has to be thrown out for various reasons – inconclusive readings, the breathalyzer wasn’t calibrated, the officer wasn’t trained, or the reading was obtained during an illegal search. If hard evidence, such as a breathalyzer result, is thrown out, your chances of an outright dismissal increase dramatically.

Step Three: Was the Traffic Stop Legal?

If it can be shown that the officer lacked probable cause to stop your car in the first place, you might be home free. When this occurs, all evidence is generally thrown out. In any situation, the help of a skilled OUI defense attorney is crucial to a positive outcome. If you have been charged with OUI, or any other type of criminal offense, contact a Boston defense attorney today.

Do I Really Need an Attorney for an OUI?

Well, let’s see – if you want to avoid jail time, hefty fines, and the loss of your license, the answer is yes. You absolutely need an attorney, and a skilled one at that. Having an attorney doesn’t guarantee that your case will be dismissed, but it significantly increases your chances. Not to mention, OUI convictions aren’t taken lightly in Massachusetts. A first offense can carry fines of up to $5,000, license suspension of up to one year, and up to two-and-a-half years in jail. A second offense can cost you up to $10,000 in fines, and you might lose your license for two years.

Even if you aren’t facing a $10,000 fine and 30 months in jail, an OUI attorney can minimize the damage, helping you navigate the legal system and offering alternative options such as a hardship license. Further, an attorney can help you sentence bargain, reduce penalties and fines, and go to trial if necessary. Attempting to handle an OUI case on your own can spell disaster. This is especially true if aggravating circumstances were present at the time of the incident, such as when the defendant is under 21, was in possession of narcotics, was driving through a school zone, or was in possession of a weapon. Continue reading

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If you can’t afford bail, what do you do? Well, the short answer is, you stay in jail. But there are limits on the amount of bail a court can impose on an individual, based on unique circumstances of that case. If bail seems disproportionately high, a skilled defense attorney can help you get your bail reduced through something called a bail reduction hearing.

How is Bail Set?

The purpose of bail is to ensure that defendants show up for trial. Basically, it’s a form of collateral. The amount of the bail is generally dependent on three factors:

  • The severity of the crime
  • The defendant’s flight risk
  • The risk to the community if the defendant is released from jail

Excessive Bail

“Excessive bail” is prohibited in the Constitution, but it does not go on to define what excessive bail means. For this reason, the Supreme Court ruled that bail should not be so high that it forces the defendant to remain behind bars. The Supreme Court also ruled that it is up to individual courts as to whether a defendant has a right to bail; in some cases, he or she may be refused bail entirely. However, a “compelling governmental interest” has to be shown to refuse a defendant’s right to bail, pending trial.

The Constitution, and a federal statute known as the Bail Reform Act, provide defendants with the right to request a bail reduction when the initial amount is too high. If this is the case, the defendant will ask for a bail reduction hearing. If a defendant cannot afford to pay the bail, and it can be shown that he or she is not a flight risk and poses little to no danger to the public, it can be argued that the imposed amount is akin to a denial of bail.

If a bail reduction hearing is requested, the court must consider this argument. However, there is no rule stating that bail should be easy to pay. In fact, as stated in the Bail Reform Act, the courts can set bail “to induce a defendant to go to great lengths to raise the funds without violating.” In other words, it can be challenging to raise the imposed bail, but not impossible. The good news is, “excessive bail” is a very subjective term. With the help of a highly skilled criminal defense lawyer, your chances of having bail reduced are significantly improved. Contact a Boston defense attorney today.

In much the same way that the defendant can request a bail reduction, the prosecution can request a bail increase. If the prosecution convinces the court that the defendant is a flight risk or a serious threat to the public, this request may be approved. Additionally, if the court suspects that bail funds were acquired through illegal activity, such as drug sales, a subsequent hearing may be held. For all of the above reasons, it is essential to have a knowledgeable, experienced defense attorney by your side through the entire process. Contact a Boston defense law firm today.

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In Massachusetts a  209A order is a type of protective order, also known as a restraining order, intended to protect a person from abuse by a family or household member, or from someone with whom they’ve had an intimate relationship. It differs slightly from a restraining order in that it provides protection from “domestic” abusers, whereas a restraining order serves to protect an individual from any random person, such as a neighbor.

Also known as an Abuse Prevention Order, 209A protective orders do more than just “restrain” an abuser. It is considered a civil case when one person files a 209A protective order against another person. It is not a criminal charge, therefore, no arrests will be made and no fines will be imposed. Instead, the individual accused of abuse will be ordered by the court to avoid doing certain things, such as calling, emailing, or coming to the accuser’s home or place of employment. If, however, the person ignores these orders and continues the abuse, he or she may be in violation of the protective order. This is a crime and may result in arrest and the filing of criminal charges. A violation can result in up to two-and-a-half years in jail and a fine of up to $5,000. If a 209A protective order has been filed against you, contact a Boston defense attorney today.

Ex Parte

Both parties need not be present to obtain a 209A protective order. The order can be issued ex parte, which means only the accuser must appear before the judge. If the judge feels confident that a domestic relationship existed between the two parties, and that the accuser fears imminent harm, the judge will issue a temporary order. This order is good for up to ten days, at which point a full hearing will be conducted. If a 209A protective order is issued at the hearing, it can be in effect for up to one year. At the full hearing, the person being accused of abuse can, and should, be present; this hearing is the accused’s only opportunity to oppose the order.

Consequences of a 209A Protective Order

If a 209A protective order has been filed against you, it’s important to be aware of the many consequences involved. In addition to fines and possible jail time for violating any part of the order, the order will appear on your criminal record. This is true even when no violations occur. If you have a gun license, you will be ordered to turn any firearms into law enforcement. A 209A protective order can also have a severely negative impact on divorce and child custody proceedings. It is crucial that you consult with an experienced criminal defense lawyer the moment you learn a 209A protective order has been filed against you. Abuse and restraining orders are not to be taken lightly. If the order was issued based on a lie, a skilled attorney may help you get it expunged from your record. Contact a MA defense attorney today. Continue reading

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Criminal conspiracy is a plan made by two or more people to commit a criminal act, so long as the people involved agreed to commit the act and took action toward its completion. The act itself need not be a crime if those involved intended to break the law. Consider the following scenario: Don and Brenda plan to burglarize a home. They take steps to complete the act – planning the burglary, purchasing face masks and a crowbar, and driving to the house they plan to burglarize. Upon arrival, the would-be burglars are chased away by the unexpectedly at-home residents. Although they didn’t commit burglary, Don and Brenda can still be charged with conspiracy to commit burglary.

Does the Conspiracy Need to be in Writing, or Otherwise Expressly Conveyed?

No. Written proof of Don and Brenda’s plan to commit burglary isn’t necessary, nor is a verbal agreement such as, “I agree to burglarize 501 Sampson Street with you.” If the action of “two or more guilty minds” can be shown, an implicit agreement is usually sufficient evidence to convict. What is an implicit agreement? If there is evidence of an agreement, such as a planning meeting, a witness who claims to have seen Don and Brenda staking out the house in question, or testimony from a Wal-Mart clerk that Don and Brenda purchased two sets of black gloves and a crowbar one day prior to the attempted burglary, the prosecution can argue the existence of an implicit agreement.

Intention Means Everything

In addition to agreeing to commit the unlawful act, all parties must intend to carry out the act. For instance, simply being present when a group of friends agrees to commit a crime doesn’t necessarily make you part of the conspiracy. If, for example, peer pressure makes you say you’ll help friends rob bank, but then you don’t participate in the actual robbery, you probably won’t be charged as a conspirator.  If you’ve been charged with conspiracy to commit a crime, contact a Boston defense lawyer today. Continue reading

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Background checks are widely used by employers during the pre-employment screening process in Massachusetts and across the country. Depending on the type of background check used, it can show everything from the level of education you’ve attained to whether or not you make your car payment on time each month. Information about credit history, however, is actually declining as a component of background checks, due to controversy. Lots of folks think it’s unfair to base an individual’s employability on his ability, or lack thereof, to make his mortgage payment back in 2011. Criminal background checks, on the other hand, are becoming more prevalent, and thorough, every year. Read on for more information about pre-employment background checks and how they may affect you. If you still have questions, contact a MA defense lawyer today.

Driving History

These reports are especially important to employers when hiring for a position that requires the applicant to drive a company vehicle. A driver history report uncovers whether or not the applicant can legally drive, if he or she has a history of traffic-related drug or alcohol offenses, and if the applicant can be insured to operate a company vehicle. A report from the Department of Motor Vehicles (DMV) shows vehicle-related convictions (such as OUI), actions taken by the DMV (such as license suspension due to excessive points), and past and current addresses used by the applicant.

Criminal Background Checks

This type of background check is commonly used by employers, a fact which shouldn’t be a surprise. For starters, adult convictions are almost always public record, meaning the information can be obtained by anyone with the desire to do the research. If you’ve been convicted of a felony or misdemeanor offense, you’d better believe it’s going to show up in a pre-employment background check. If you’ve been charged with any type of crime, contact a Boston defense lawyer today.

Infractions

What’s an infraction? Technically speaking, an infraction is not a crime. A good example of an infraction is a traffic ticket. The good news – you don’t really need to worry about infractions, and you generally aren’t required to report them to an employer. For example, you wouldn’t list last year’s speeding ticket on an employment application (unless of course you were drunk and in possession of a gun at the time).

What About Probation and Outstanding Warrants?

Probation is a period of court supervision. As an alternative to a jail sentence, probation is treated similarly for reporting purposes. If you are on active probation, it will almost certainly show up on a background check. Likewise with outstanding warrants. If a report shows that you have an outstanding bench or arrest warrant, most employers will immediately disqualify you from the application process. Being a “fugitive” of the justice system doesn’t usually bode well with potential employers. Of course, if the outstanding warrant appears to be a mistake, there may be some room for discussion. But that’s generally the exception, not the rule. Continue reading

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In Massachusetts, getting charged with a firearms or weapons offense is serious business. MA is exceedingly tough when it comes to gun laws. This is for obvious reasons; misuse of guns can quickly and easily lead to serious injuries and death. If you have been charged with any type of firearms or weapons offense, it is in your best interest to contact a MA criminal defense attorney immediately. Don’t take these charges lightly; this is not the time to hire a cut-rate lawyer or attempt to represent yourself.

Gun Controversy

Gun laws have been surrounded by controversy for years, and the issue isn’t likely to go away anytime soon. The 2nd Amendment does, indeed, guarantee the right to bear arms, but individual states can regulate use. Massachusetts criminalizes many weapons-related actions, from carrying weapons deemed excessively dangerous to using a silencer. Read on for more information about weapons laws and how they can impact you.

What is a “Dangerous” Weapon?

You can be charged with carrying a dangerous weapon for multiple reasons. Depending on the unique circumstances of your case, you can end up behind bars for more than two-and-a-half years if you’re convicted of this offense. You may be facing these charges for:

  • Possession of a machine gun
  • Possession of a sawed-off shotgun
  • Possession of brass knuckles, throwing stars, or nunchucks
  • Having any type of firearm in your vehicle without the proper permit

Silencers

Silencers muffle the sound of a gunshot. In MA, it is illegal to sell, use, or possess a silencer. If you are found in violation of this law, you may be facing felony charges.

Carrying a Loaded Gun While Intoxicated

It is a felony to carry a loaded firearm while under the influence of alcohol, marijuana, or narcotics. If you are facing charges for this type of offense, contact a Boston gun crimes lawyer today.

Carrying a Shotgun or Rifle on Public Grounds

If you are caught carrying one of these types of firearms on public grounds, such as a sidewalk or street, you can face up to two years in prison, if it’s loaded. If the weapon happens to be a loaded “large capacity weapon”, which refers to a semiautomatic weapon with a capacity for multiple rounds, you may be looking at a sentence of up to 10 years. If it’s unloaded, you may be let off with a fine.

Committing a Felony While in Possession of a Firearm

Committing a felony is bad. Committing a felony while you have a gun in your pocket is even worse. For a first offense, you will likely receive a mandatory minimum sentence of five years in prison. Second and subsequent offenses carry a minimum of 20 years in prison. And this is in addition to penalties associated with the underlying felony. Bottom line – don’t commit a felony, and definitely don’t commit a felony while carrying a gun. Continue reading

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Oh the weather outside is frightful…and so is the nationwide uptick in crime during the holiday season. But it shouldn’t be a surprise. Most holiday crimes are related to theft or excessive alcohol. Theft is often a result of a lack of funds for Christmas presents or the knowledge that cars and houses are loaded with aforementioned presents. And alcohol-related crimes are often a result of too much holiday partying. Either way, it’s good to know how to safeguard yourself this December. And if you happen to be the one facing criminal charges this holiday season, contact a skilled defense lawyer if you want to avoid jail time and hefty fines.

  • Shoplifting: The most obvious reason for an increase in shoplifting during the holiday season is lack of funds. We are under more pressure than ever to surround the Christmas tree with boxes and boxes of holiday cheer. Unfortunately, not everyone can afford such a display. For this reason, among others, some people turn to shoplifting around the holidays. Theft is never “right”, but we understand that even good people make mistakes, especially when financial stress is particularly overwhelming. If you are facing shoplifting charges, contact a Boston defense lawyer today.
  • Vehicle break-ins: For much the same reason as shoplifting increases during the holidays, so do vehicle break-ins. Car burglars expect to find gifts in cars. This is especially true of cars parked near shopping centers. Parking lot thieves will often watch for people who drop a load of purchases in their car and walk back to the store to finish shopping.
  • Porch theft: Since Amazon and other online shopping sites first allowed us to spend more time at home in our pajamas, porch theft has skyrocketed. Many of our online orders are delivered by UPS, FedEx, or the US Postal Service while we’re at work during the day. A stack of boxes by the front door and no car in the driveway makes you an easy target this holiday season. To prevent porch pirates from ruining your Christmas, have packages delivered to work or to the residence of a friend who is home during the day.
  • Drunk driving: The holiday season often feels like one never-ending party. Many families have two or more office parties, family parties, parties at friend’s houses, fundraisers, and other festive gatherings to attend during Christmas and New Years. Although good friends and good eggnog can make for a lovely evening, don’t get behind the wheel if you’ve had a few drinks. To protect yourself and everyone else on the road, don’t drink and drive, and have a designated driver if you opt for too much cheer this holiday season. Beyond being dangerous, driving while intoxicated can impact your current or future employment, and even a first offense can cost you thousands of dollars. Not to mention, nobody wants to get an OUI for Christmas.

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Let’s start with how burglary, robbery, and theft are the same. They are all commonly associated with the unlawful taking of another’s property. Theft and robbery do, in fact, always involve this scenario, or an attempt at this scenario. However, burglary doesn’t necessarily involve theft, or even attempted theft. Burglary basically refers to the unlawful breaking and entering of another person’s property with the intent to commit a crime. If you’re facing any of the above charges, contact a Boston defense lawyer today.

  • Theft: Also known as larceny, and petty or grand theft, this is one of the most commonly committed criminal offenses in the United States. Theft is loosely defined as the taking of another’s property without consent. To constitute theft, the individual must have also intended to permanently deprive the owner of this possession. Therefore, a neighbor who “borrows” your lawnmower to mow his lawn while you’re at work, without your consent, is not likely to be charged with theft. You might be angry about this unapproved loan, but it’s not an act of theft.
  • Robbery: The simplest way to explain robbery is to describe it as “theft by force.” Robbery also involves the unlawful taking of another’s property without their consent, and with the intent to permanently deprive them of their possession. However, to be robbery, the property must be taken by force. Consider the following two scenarios, for example: If someone steals your purse from your car while you’re in the store, it’s an act of theft, not robbery. But if someone points a gun at you and demands you hand over your purse, it’s an act of robbery. Even if there is no physical contact and no weapon in sight, an act of theft can still be robbery if the there is a threat of physical violence. Therefore, although robbery is considered a violent crime, no injuries have to be suffered for a robbery conviction to occur.
  • Burglary: The least understood of the three, burglary involves entering a dwelling or structure with the intent to commit a crime in that dwelling or structure. You don’t even have to commit a crime to be convicted; the prosecution just has to show that you intended to commit a crime. Breaking into a structure with the intent to commit a crime is burglary. The structure doesn’t have to be a home, either; it can be a tent, or even a cave. You don’t need to break in using force to commit a burglary; crawling through an already open window can be burglary if all other factors are present. Furthermore, you don’t need to fully enter a structure to be convicted of burglary. If, for example, you reach your arm through an open window and steal a purse, you may be convicted of burglary.

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A wrongful act that is punishable by law is called a crime. Although types and frequency of crime vary widely from place to place, nationwide statistics provide a clearer picture of which criminal offenses are most common in the United States. According to the most recent FBI report, the six most common crimes, in order, are property crimes, drug violations, alcohol-related crimes, violent crimes, and disorderly conduct. Read on for more information about these crimes and what types of behavior they encompass. If you are facing criminal charges, contact a Boston defense lawyer today.

Property crimes:

These types of crimes are typically centered around a property, not a person. For example, theft is a property crime because it involves taking another person’s property without the person’s consent, but robbery – which is another form of theft – is a violent crime because it involves physical harm or threats. Property crimes include:

  • Burglary: Unlawful breaking and entering
  • Larceny-theft: Unlawful taking of property from another’s possession, such as pickpocketing
  • Motor vehicle theft: Taking or attempting to take a motor vehicle from its owner
  • Arson: Willfully burning a property – including your own – with malicious intent

Drug abuse and related offenses: These offenses include unlawful use or possession of illegal drugs, or the manufacture and sale of narcotic drugs. The most common drugs involved in drug abuse violations are cocaine, opium, marijuana (although this becomes legal in MA on December 15, 2016), and synthetic narcotics. Nonnarcotic drugs, such as barbiturates, can also result in drug violations under certain circumstances. If you are facing drug charges, contact a Boston drug defense lawyer today.

Crimes involving alcohol:  These include operating under the influence (OUI), illegal behavior as a consequence of drunkenness (bar fights, public urination), and the violation of state or local liquor laws.

Violent crimes: If the crime involves causing physical harm to another, making a threat of physical harm to another, or attempting to cause physical harm to another, it is considered a violent crime. Violent crimes include murder, manslaughter, robbery, forcible rape, and some types of child abuse and elder abuse.

Disorderly conduct: When your actions result in a public disturbance but present no serious danger to the public, you may be arrested for disorderly conduct. Also known as “disturbing the peace”, disorderly conduct includes screaming obscenities in a public place, shouting late at night, and fighting that doesn’t result in serious injuries. Alcohol is often a factor in disorderly conduct cases.

Fraud: When a person or entity misrepresents certain information so that another person responds to that information in a specific way, it is known as fraud. Typically, the misrepresentation results in the victim’s financial loss. Examples of fraud include identity theft and various kinds of scams. If you’ve been charged with committing fraud, contact a MA defense lawyer today. Continue reading

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