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If you had a few drinks, you shouldn’t have gotten behind the wheel…but you did. Now you see blue lights flashing in your rearview mirror. What do you do? The good news is, you were stopped before anyone was seriously injured. The bad news is, you may be charged with operating under the influence (OUI). There are certain steps you can take during the stop and investigation to increase your chance of a more favorable outcome. Read on for information on what to do in this situation.

First things first, in the future, do not get behind the wheel if there’s any chance you might be impaired. In MA, a blood alcohol level (BAC) of .08 or above is over the legal limit for driving. For many people, two drinks can put them over the legal limit. If you have been charged with OUI, contact a Boston defense lawyer today.

Know that, if you get stopped, it is the law enforcement officer’s duty to investigate the scene. If he or she believes you may be intoxicated, a criminal investigation may ensue. As such, law enforcement will be gathering evidence from the start. Anything you say or do, along with physical evidence, such as a half-empty beer bottle, bloodshot eyes, slurred speech, or the smell of alcohol on your breath, can be used against you. Therefore, it is crucial that you do not provide more evidence than is absolutely necessary. While bloodshot eyes and an odor of alcohol are difficult to hide, you can refuse to answer certain questions.

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If you have been charged with drug possession, the fines and punishment you are facing will depend on multiple factors. The main considerations will be the class of the drug in question, the amount of the drug in your possession, and what you intended to do with it. If you are only charged with possession, for example, the penalties and fines will likely be much less than if you are charged with possession with intent to distribute. If you are facing drug charges, contact a Boston drug possession defense lawyer today.

Drug Classes

In Massachusetts, drugs are categorized by type and class. The current classifications are:

  • Class A: Heroin and opiates such as Morphine, and certain “designer drugs”, including Ketamine (Special K).
  • Class B: Cocaine, MDMA and Ecstasy, LSD (acid), Amphetamines (speed), Crystal Meth, PCP, Methadone, and some prescription opiates such as Oxycontin and Percocet.
  • Class C: Prescription narcotics and tranquilizers such as Valium and Hydrocodone, some hallucinogenic substances, including mushrooms and peyote.
  • Class D: Phenobarbital, and small doses of certain prescription narcotics. Marijuana was previously also a Class D drug, but effective December 15, 2016, adults can possess and use marijuana in MA.
  • Class E: Very light doses of some prescription narcotics, such as codeine (Tylenol #3).

Cocaine

If you are facing cocaine possession charges, you may find yourself behind bars for up to one year and with a fine of up to $1000, if this is your first offense. In addition, you may lose your license for up to one year. If, however, you are charged with possession with intent to distribute, the penalty is a two-and-a-half year jail sentence and a fine of at least $1,000, up to $10,000. If this is your second or subsequent offense for possession with intent to distribute, you may face a mandatory three year prison sentence, up to $25,000 in fines, and a mandatory three-year loss of your license.

Heroin

A first time heroin possession conviction carries a penalty of not more than two years in jail and a fine of not more than $2,000. Possession with intent to distribute charges bring more severe penalties; up to 10 years in a state prison and a fine of up to $10,000 for a first offense. A second offense can land you in prison for up to 15 years, with a mandatory minimum sentence of five years.

Defenses

Multiple defenses exist in drug possession cases, including those that involve an intent to distribute. Drug cases are typically based on physical evidence found during a search of your home, car, or person. Police are just as prone to mistakes as other human beings. If any rules were broken during the search, the error may work in your favor. Were your constitutional rights violated? If proper guidelines weren’t followed, evidence may not be admissible. This often results in a reduction in charges, or the charges being dropped altogether. A skilled criminal defense attorney will review the evidence to ensure that protocol was followed to a “T”. If anything during the arrest or investigation seems amiss, an experienced attorney will use it to your advantage. Contact a Boston criminal defense lawyer today. Continue reading

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If you open the mailbox to find a criminal citation staring back at you, it’s important to act quickly. If the criminal box is checked, you have been charged with a criminal offense. Although you are not technically under arrest, this type of citation is still a criminal accusation. Criminal citations can be sent in the mail or hand delivered by a law enforcement officer.  Criminal citations can be issued for multiple misdemeanor offenses, including leaving the scene of an accident, reckless driving, operating under the influence (OUI), driving on a suspended license, and even assault.

What is the Next Step?

Step one is to read the back of the citation. You will have four business days to complete the form and mail back to the court specified on the citation. Mail it to the physical address on the front of the citation, NOT the PO Box. You can also deliver it in person.  If the court doesn’t receive your completed form within the four-day window, they may cut you a break. But not always. If you don’t send in the citation at all, you will be automatically charged with a crime. You will receive a notice to appear at an arraignment. If you don’t appear at the arraignment, a warrant for your arrest will be issued.

What Happens After I Return the Completed Citation?

Once the court has received your completed form,  you wait. Within a relatively short period of time, you will receive notification of a court date. This initial hearing is called a Clerk Magistrate’s Hearing. The prosecuting officer will present evidence to the magistrate. If the magistrate believes there is sufficient evidence to issue a complaint, the case will move forward. With the help of a skilled criminal defense attorney, you may avoid charges altogether. If a criminal complaint is not issued, the charge will effectively disappear. In short, you won’t have a criminal record…at least not for this particular incident. Contact a Boston defense lawyer today.

Do I Need a Lawyer at a Clerk Magistrate’s Hearing?

Although you don’t technically need to have a lawyer present at the clerk magistrate’s hearing, it is highly recommended to have legal representation. Without an attorney, your chance of success is limited. If the complaint gets issued, the case will move to an arraignment and pretrial. At that time, you will either move forward with a trial or attempt to negotiate a plea deal. All is not lost if you are unsuccessful at the clerk magistrate’s hearing. Even if the complaint is issued, multiple opportunities to get charges reduced or dismissed are still available. If you’ve been charged with a criminal offense in MA, contact a Boston defense lawyer today. Continue reading

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The Netflix series “Making a Murderer” aired earlier this year and quickly became one of the pioneering network’s most popular documentaries. The series centered around the 2007 sexual assault and murder of a photographer, and the possible framing of several individuals. One of those individuals, then-16-year-old Brendan Dassey, was questioned without a lawyer present and was later convicted for the murder, along with another man. In August, federal judge, William E. Duffin, overturned Dassey’s conviction. Although the ruling overturned the conviction, Wisconsin’s attorney general, Brad Shimel, has appealed the ruling. However, as of Monday, a federal judge allowed Dassey to go free during the appeal.

Critics of Dassey’s conviction argue that he was mentally unfit and was coerced into a false confession. Furthermore, they claim that his court-appointed lawyer did not have his best interests in mind. Prosecutors allege that Dassey, together with his uncle Steven Avery, sexually assaulted, murdered, and then mutilated the corpse of 25-year-old photographer, Teresa Halbach. The murder and the investigation that followed made for good television, but for the people involved, including the victim’s family, it is an ongoing source of pain and unanswered questions. Contact a Boston criminal defense lawyer today if you are facing charges for a criminal offense.

Why is Dassey Being Released During the Appeal?

According to the ruling, Dassey’s “prison disciplinary record is exceedingly benign,” and the authorities have been unable “to demonstrate that Dassey represents a present danger to the community.” Overall, Dassey’s prison record shows him as a cooperative inmate with the need for minimal supervision. In layman’s terms, he is not a flight risk and presents little to no danger to others. The terms of his release include the following; he must remain in Wisconsin’s Eastern District at all times, he cannot possess weapons, controlled substances, or a passport, and he cannot make contact with Steve Avery or the victim’s family. Probation officers will also monitor Dassey for an indefinite amount of time.

Although the Netflix series raised questions that both Dassey and Avery were framed by law enforcement officials, the show may have led viewers astray. According to Ken Kratz, the former district attorney for Calumet County, Wisconsin, the show did not reveal important evidence used to convict the men. The show “really presents misinformation,” said Kratz. Whether Dassey gets to remain a free man is up to the courts to decide, but this case is a perfect illustration of the importance of a good lawyer when facing criminal charges. If you’ve been charged with any type of crime, contact a Boston criminal defense lawyer today. Continue reading

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There are multiple reasons for getting your license suspended, from unpaid parking tickets to excessive moving violations, neither of which is a criminal offense. But if you made the decision to drive during your license suspension, you may be facing criminal charges in Massachusetts. Even quick runs to the store or to pick up a friend are not a safe bet on a suspended license. You can be stopped for multiple reasons, even without a moving violation. In addition, law enforcement has a tool called an automatic license plate reader (ALPR) that can read your license plate and determine license status and car ownership.

If you are facing criminal charges for driving on a suspended license, you may be worried about potential penalties and fines, including an extended suspension and possible jail time. These are very real possibilities, but with the help of a skilled Boston criminal defense attorney, you have the best chance of a positive outcome. Saying you didn’t know your license was suspended is not a good defense. However, it is possible to miss a notification. If the judge believes you are sincere, your chances of avoiding further penalties is significantly improved.

What are the Penalties for Driving on a Suspended License?

The type and severity of the penalties you face depends on several factors, such as whether this is your first offense. If this is the first time you’ve been charged with driving on a suspended license, you may face fines of up to $500 and jail time of up to 10 days. If this is your second or subsequent offense, you may spend up to a year behind bars. In addition, the reason that your license was suspended in the first place may affect your charges. For example, if your suspension was due to driving under the influence, a mandatory 60-day jail sentence will follow.

Driving on a Revoked License

If your license was permanently revoked and you got caught driving, the charges may be far more serious. In most cases, you will face a mandatory jail sentence. In all 50 states, your driver’s license can be revoked for multiple DUI convictions, and for the accumulation of a certain number of “countable” violations. Your driver’s license can also be revoked for driving on a suspended license. The violations below can result in a license revocation, but the first offense typically only results in a suspension:

  • Driving under the influence (alcohol or drugs)
  • Leaving the scene of an accident where injuries are involved
  • Failure to respond to a traffic summons
  • Reckless driving
  • Drag racing

If you have been charged any of the violations above, contact a Boston defense attorney today. Continue reading

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Hello again.

First things first.

We recently had a presidential election. The country was pretty divided in that one. As a result, some folks were going to be left angry no matter who won.

Donald Trump won. Some people are very angry.

That’s fine. Dissent and free speech are what this country is all about.

To an extent.

Attorney Sam’s Take On Speech, Hate, Assault and Battery

We have discussed the issues of “hate crimes” before. While a crime like assault and battery is assault and battery, regardless of the purported reason, such actions under certain circumstances are considered more heinous and so are given special attention. This would include cases of domestic violence and “hate crimes”.

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Four years ago, Massachusetts state chemist, Annie Dookhan, was convicted of falsifying drug tests and tampering with evidence in thousands of criminal cases. Although Dookhan has completed her three-year prison sentence, many of the individuals whose drug samples she tampered with are still waiting for their time in court. But many groups, including the American Civil Liberties Union (ACLU) of Massachusetts, think this process has gone on long enough. They want to find a global remedy – dismissal of the approximately 24,000 cases linked to Dookhan.

On Wednesday, the Supreme Judicial Court will hear arguments by the ACLU and state public defenders. These groups want the cases in which Dookhan was involved to be dismissed.

“We think vacating these convictions is required to protect the rights of people who have already served their sentences and are living every day with the collateral consequences of those decisions,” said Matthew Segal, the ACLU’s legal director. “It’s also necessary to safeguard the justice system’s integrity, which has been seriously damaged, not just by the scandal itself but by how it’s been handled.”

Prosecutors Disagree

In the eyes of prosecutors, while some of the defendants may have been negatively impacted by Dookhan’s actions, many others would have been found guilty even if Dookhan hadn’t been involved. Beyond drug tests, additional evidence from surveillance videos, cellphone records, and guns was used in many of these cases. “Every case is different and every case should be approached individually,” said Jake Wark, a spokesman for Suffolk District Attorney Daniel Conley. “Our argument is that a global remedy is no remedy at all.” A similar blanket proposal was rejected in 2015. If you are facing drug charges, contact a Boston defense lawyer today.

The ACLU and public defenders believe that handling each of the 24,000 cases on a case-by-case basis will be extraordinarily time consuming and unfair to defendants. If, for example, there are several thousand defendants whose case will eventually be dismissed when their case is heard, those defendants may have to wait years if a global remedy is not approved. In the meantime, they have to deal with the repercussions of a conviction, such as difficulty finding housing and employment.

According to the Committee for Public Counsel Services, it will take about 24 years for all 24,000 defendants to be assigned to public defenders. But prosecutors believe that is a gross overstatement. “There is now no pending backlog of Dookhan-related cases, and any defendant who wishes to file a motion to vacation or to withdraw his guilty plea or vacate his conviction can do so in the ordinary course of business with no delay,” said Wark. Continue reading

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Keeping the peace requires significant “behind the scenes” work in the form of rules, laws, law enforcement, and punishment. Massachusetts Laws establish what we are allowed to do within our state, and any type of behavior that goes against these laws may be punishable. Most states define disorderly conduct as any behavior that is likely to cause alarm, annoyance, or anger to other people, such as fighting or brawling, and public urination.  If you engage in these types of activities, you may find yourself behind bars.  Every state has different disorderly conduct laws. In Massachusetts, disorderly conduct carries fines of up to $150. But second and subsequent convictions can mean time behind bars with up to six months of jail time and a fine of up to $200. Disorderly conduct is typically a misdemeanor offense, but it can be a felony if the circumstances are especially damaging. For example, calling a school to falsely report a bomb may be a felony offense. If you have been charged with disorderly conduct, contact a Boston defense lawyer today.

What is taken into consideration when determining if an individual has engaged in disorderly conduct? The circumstances of the situation are extremely important; a disorderly behavior may not be considered disorderly if it takes place at another time or in a different location. For instance, shouting in a residential area late at night can be disorderly conduct, but shouting in the same spot at noon the next day may not be. In addition, the prosecution does not need to show that someone was alarmed or angered by the defendant’s actions. They simply has to show that the action would have alarmed a reasonable person.

Location, Location, Location

Disorderly conduct is not something that you do in the privacy of your own home; it takes place in a public location. However, the term “public” doesn’t only refer to large public spaces with lots of people. A stall in a public bathroom and private buildings being used for public rental are both “public” spaces. Any conduct that disturbs even one other person in a public space may be classified as disorderly conduct.

Types of Disorderly Conduct

  • Fighting: Depending on the circumstances surrounding the encounter, fighting can be anything from disorderly conduct to assault and battery. A simple bar fight that breaks out during a drunken argument between two individuals is typically disorderly conduct. These types of encounters are generally not premeditated, are resolved with relative ease, and don’t result in life-threatening injuries.
  • Protests and Disturbing an Assembly: Peaceful protests are our right as Americans. However, disruptive or violent protests are not. And disruptive doesn’t have to involve fighting and starting fires; purposely blocking traffic is an example of a non-violent, disruptive protest that could result in a disorderly conduct charge. “Disturbing an Assembly” refers to engaging in disruptive behavior at religious ceremonies, public rallies or protests, or city council meetings.
  • Public Misconduct: What is acceptable at home isn’t always acceptable in public. Public intoxication, for example, isn’t illegal in the privacy of your home. However, if you leave home and urinate on a neighbor’s car, you may be charged with disorderly conduct.
  • Disorderly conduct and law enforcement: Police encounters can sometimes lead to disorderly conduct charges. If, for example, you begin verbally threatening a police officer, or you use any type of physical contact, a disorderly conduct charge may follow.

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If you fear that your boyfriend, ex-boyfriend, husband, or ex-husband may cause you serious physical harm, you may want to obtain a restraining order against him. Fortunately, the process to obtain a restraining order is relatively quick and easy. And it’s free. But what comes next? A simple piece of paper is rarely the end to aggression, especially when it’s fueled by jealousy or desire. Read on to find out what kind of restraining order you need, how quickly you can get it, and what additional steps you can take to protect yourself.

In the state of Massachusetts, there are two types of restraining orders – abuse prevention orders and harassment prevention orders. The type you need is dependent on your relationship with the person you wish to obtain a restraining order against. In the case of a current or ex-boyfriend, you are likely eligible to obtain an abuse prevention order. See the requirements for each type of order below.

An Abuse Prevention Order is Available If:

  • You are or were married to the person
  • You are or were living with the person
  • The person is related to you by marriage or blood
  • The person is the parent of your child
  • You have been in an intimate relationship with the person

and

  • The person caused, or attempted to cause you physical harm
  • The person caused you to fear that you would be physically harmed
  • The person forced you to have sex, either physically or by threatening you

A Harassment Prevention Order is Available If:

  • The person has committed at least three acts that were:
  1. Willful and malicious – to be cruel, hostile, or for revenge
  2. Aimed at you
  3. Intended to make you fearful, to intimidate you, or to abuse you or cause damage to your property

or

  • The person forced you to have sex, either physically or by threatening you

or

  • The person committed one of the crimes below against you
  1. Rape or statutory rape
  2. Indecent assault and battery
  3. Assault with the intent to rape
  4. Enticement of a child
  5. Stalking
  6. Harassment
  7. Drugging for sexual intercourse

So, you’ve determined what type of restraining order you need. What’s next? How long will it take to obtain the order? If you are in immediate danger, call the police. The police will handle the immediate danger and will likely advise you to go to Court. Once the immediate danger has passed, it is in your best interest to contact an experienced Boston defense attorney as soon as possible. An attorney can help you request a restraining order by filing something called a Complaint for Protection from Abuse.

Ex Parte Restraining Order

In urgent situations, a restraining order can be issued ex parte, which means “by or for one party”. Basically, this means that only one party – you – must appear in front of the judge to issue the initial order. You will be given temporary protection from the individual in question, until the full hearing occurs. The full hearing is usually scheduled swiftly following the issuance of the temporary order. Ex parte (one-sided) orders are issued when the urgency of the situation deems it necessary to proceed before notifying the other party. Continue reading

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A criminal record is an account of any criminal convictions and charges that you may have, past and present. Having a criminal record can have a severely negative impact on all aspects of your life, from finding a job to driving a car. If you are concerned about how your criminal record may impact your life, contact a Boston defense attorney today.

Having a criminal past can have negative consequences in many areas of your life. Below are some of the most common concerns expressed by individuals with criminal records.

Employment

Unfortunately, finishing your sentence and paying your debt to society doesn’t mean it’s going to be easy to get a job once you regain your freedom. Many occupations require extensive background checks for employment, such as those that involve direct contact with children, law enforcement jobs, and caring for elderly patients or individuals with disabilities. And even if extensive background checks are not necessary, most employers require job applicants to complete a formal application, which often asks if the applicant has ever been convicted of a crime.

Background checks can uncover all kinds of information about criminal history, including past convictions and plea bargains. If, however, information has been erased from a criminal record, the employer will not be entitled to that information. For example, if the applicant’s record was expunged or dismissed, or if the offense occurred when the applicant was a minor, this information will not show up in a background check for employment.

Having a criminal record doesn’t mean you can’t get a job, but you may have a tough road ahead. Much of the outcome will depend on the details of your situation. When were you convicted? Have you gone through any type of rehabilitation program? What crime were you convicted of, and how does it relate to the job for which you are applying? For example, a DUI conviction ten years ago will probably have little to no effect on your ability to get hired as a grocery store clerk. But a conviction of armed robbery five years ago will likely impact your ability to get hired as an aide in a nursing home. If you are concerned about your ability to find a job following a criminal conviction. Continue reading

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