Boston Criminal Lawyer Blog

November 10, 2016

Do I Need a Lawyer for a Clerk Magistrate Hearing in Massachusetts?

If you have been charged with a misdemeanor offense in MA, you have the right to a clerk magistrate hearing prior to the issuance of a criminal complaint. At this hearing, the clerk magistrate will examine the facts of your case to determine if a criminal complaint should be issued, or if you should pay fines or penalties. Many people incorrectly assume that because no criminal charges have been filed, it is unnecessary to have a lawyer present at a clerk magistrate hearing. With the help of a skilled Boston defense attorney, however, you have a much better chance of avoiding criminal charges than if you try to go it alone.

What Can I Expect at a Clerk Magistrate Hearing?

Clerk magistrate hearings are sometimes referred to as probable cause hearings because that is the point of the initial review of potential criminal charges – to determine if there is probable cause to file a criminal complaint. To lessen your chances of a negative outcome, familiarize yourself with the process below:

November 10, 2016

College Students Under Criminal Investigation in MA – What Steps Should You Take?

by Altman & Altman

College students who commit crimes can be prosecuted just like anyone else. In fact, they are often subject to additional penalties by athletic departments or college administrators. As you know Massachusetts is loaded with a number of public and private colleges. Most schools have codes of conduct, especially in the case of student athletes. These codes of conduct include academic standards and how the school deals with inappropriate or criminal behavior, such as drug use or sexual assault. For example, the school may suspend a student athlete from participating in sports activities during an investigation into criminal charges. For particularly serious crimes, the school may suspend financial aid, or even permanently expel the student.

Most Common On-Campus Crimes

All types of crimes can, and have been, committed on college campuses, from DUI to assault and battery, to murder. But certain crimes are committed at a much higher rate than others. The most common on-campus crimes include:

In 2011, the most commonly reported crime on college campuses was burglary, with a total of 6,712 burglaries that year. The previous year had seen 7,241 burglaries.
The second most reported on-campus crime is motor vehicle theft, with more than 1,300 car thefts occurring annually.
The third most common on-campus crime is sexual assault, with 1,153 reported in 2011.

Student Courts

Serious offenses, such as those above, will require non-campus law enforcement. However, small offenses may be dealt with by on-campus student courts. Depending on the offense, the student may represent himself or herself in front of a student court. Less serious offenses include underage drinking, hazing crimes, petty theft, marijuana possession, harassment, and bullying. However, as with any type of crime, most on-campus crimes require the assistance of a skilled defense attorney.

An arrest by campus police can hold the same power as an arrest by state and local law enforcement. Many campus police are branches of local law enforcement and have the same powers to secure a warrant and make an arrest. Even if campus police have limited powers, criminal charges can be filed with local law enforcement following an arrest by campus police.

Do College Athletes Get Preferential Treatment?

In most cases, college students who commit crimes receive the same type of punishment as everyone else. However, a recent study revealed that student athletes are much less likely to be prosecuted than their non-athlete counterparts. The ESPN investigation, which studied 20 campuses between 2009 and 2014, found that football and basketball players at the University of Florida who were charged with criminal behavior, were not prosecuted or had the charges dropped more than half the time. In addition to possible preferential treatment, the report also cited other contributing factors, including access to high-profile attorneys and victim intimidation. Continue reading

November 8, 2016

What is the difference between a Bench Warrant and Arrest Warrant in Massachusetts

by Altman & Altman

Any type of Massachusetts warrant is a serious issue and needs dealt with immediately. However, not all warrants are the same. A bench warrant, for example, can be issued for something as simple as missing jury duty, whereas an arrest warrant is only issued in a criminal case.

Arrest Warrants

When a judge believes there is probable cause that you have committed a crime, he or she will likely issue an arrest warrant. This doesn’t mean you have been convicted of a crime, only that you are being charged. Facts obtained during a police investigation or witness testimony may convince a judge that issuing an arrest warrant is the next step in the process.

November 7, 2016

I Have an Outstanding Warrant in Massachusetts. What Do I Do?

by Altman & Altman

You’ve just discovered that you have an outstanding warrant in Massachusetts – what do you do? It may be a bench warrant, which is typically issued when you fail to pay a fine or miss a court date. Or maybe it’s an arrest warrant for something more serious, such as drug possession or assault. In either case, the last thing you want to do with a warrant is to ignore it. With any type of warrant, police officers can pick you up at any time, at which point you will most likely be placed in custody. Proactively dealing with the warrant, however, can greatly improve your outcome.

Never Ignore a Warrant

Once you’ve learned that you have an outstanding warrant, step one is to contact a Boston criminal defense attorney. A warrant is one thing that will never go away until it’s dealt with. Furthermore, warrants can come back to haunt you. Even a bench warrant for failing to pay child support can become a permanent mark on your criminal record. In future bail hearings or court dates, the prosecution will use those marks against you to build a case against your character. Time heals all wounds, but not when it comes to warrants. Even if you manage to dodge an outstanding warrant for several years or move out of state, sooner or later it will catch up to you.

November 4, 2016

What should I do if I Receive a Massachusetts Criminal Complaint in the Mail?

by Altman & Altman

Well, kind of. If you opened your mail and found what you believe to be a criminal complaint, it is more likely a summons to appear in court for criminal allegations being made against you. The summons will either be for an arraignment or a clerk magistrate’s hearing. If it is for an arraignment, then you are being summoned to a formal reading of the criminal charges against you. At the arraignment, you will be expected to enter a plea. So, although the document you are holding in your hands is not an official “criminal complaint”, it functions as such.

It is a common misconception that these types of documents must be served in person, not through the mail. But the reality is, you can receive a summons in the mail. If you’ve recently found such a document in your mailbox, don’t fret. The initial communication is just step one. You have not been convicted of the offense, only charged. The summons will provide a date for you to appear in court for the arraignment or clerk magistrate’s hearing. Prior to that date, or at the actual arraignment, a lot can change. With the help of a skilled criminal defense attorney, your chances of getting the complaint dismissed increase substantially. If, on the other hand, you attempt to proceed without representation, you may not like the outcome. Contact a Boston criminal defense lawyer today.

What Does the Summons Tell Me?

Summonses, which can and often do arrive by certified mail, list the following information:

The defendant
The date on which the alleged offense occurred
The alleged offenses and whether they are felonies or misdemeanors
Description of the alleged facts pertaining to each offense

When a summons is sent by certified mail, it is typically for misdemeanors and less-serious felonies. People don’t get charged with murder through the mail.

What to Do if You Receive a Summons in the Mail

Contact an experienced Boston criminal defense attorney immediately.
If you are being summoned to a clerk magistrate’s hearing, this is a step before the arraignment. The clerk magistrate will determine if there is probable cause to file a formal complaint. You should have representation here as well. If things don’t go well and you are arraigned, the situation can become complicated very quickly.
If you are being summoned to an arraignment, you have one last chance to defend yourself before the case goes to trial. Once again, if you have skilled legal representation, your chances of success are significantly greater. If the judge is convinced that the charges lack necessary evidence to file a complaint, you’ll at least buy yourself additional time. Sometimes, the charges are dropped altogether.

Whatever you do, don’t simply ignore the summons. Not appearing for your arraignment will not make it go away. Quite the contrary. If you ignore or forget the date, the court will likely issue a warrant for your arrest. Continue reading

November 4, 2016

If You Get Caught Driving Without Insurance in MA, Can You be Arrested?

by Altman & Altman

Massachusetts is cracking down on people who drive without auto insurance. The penalties are severe. But can you be arrested for driving without insurance? The short answer is, it depends. In the state of MA, individuals who are caught driving a motor vehicle without the required minimum coverage may face numerous penalties and fines. Whether they see jail time or not depends on several factors, namely if it is their first offense or a second or subsequent conviction. If you’ve been charged with driving without insurance, contact a Boston defense attorney today.

Is this your first offense?

If it is, you will likely be subject to a 60-day license suspension and a fine of up to $500. You may also be required to pay an upfront premium for one year of motor vehicle insurance at the highest rate class. The premium payment is used to counteract potential collection costs, among other things, such as programs to reduce fraud and arson.

Is this your second or subsequent offense?

If this isn’t your first offense, you will likely lose your license for up to one year, and may face fines of up to $5,000. Even worse, you may spend some time behind bars. Second and subsequent convictions may result in up to one year in a state prison. The bottom line is, driving without insurance can have a seriously negative impact on your life. You can end up in jail, in a financial hole, and with a record – all because you operated a motor vehicle without adequate insurance coverage.

Did you cause an accident?

If you were involved in an accident while driving without insurance, you will likely face stiffer penalties than those mentioned above. This is especially true if your accident resulted in property damage or bodily injury. In addition to penalties, fines, and the potential for extended jail time, causing property damage or physical harm while driving uninsured also makes you financially responsible for the damages. If you don’t have the funds to pay another person’s medical bills and property damage expenses, you should avoid driving without insurance. But sometimes hindsight is 20/20. Of course, if you were engaged in other criminal activity at the time of the offense, such as driving under the influence of drugs or alcohol, the penalties and fines will increase accordingly.

Consult with an Experienced Criminal Defense Attorney

The good news is, in any of the above situations, the help of a skilled criminal defense attorney can make all the difference in the world. Multiple defenses exist to assist people facing these types of charges; and with knowledgeable representation, you may see your charges reduced, or dropped altogether. If you’ve been charged with driving without insurance, contact a Boston criminal defense lawyer today. Continue reading

November 3, 2016

Larceny charges in Massachusetts – What you need to know

by Altman & Altman

Larceny is the unlawful taking of another person’s property without their consent. For petty larceny of items valued at under $250, the offender will face a misdemeanor charge with up to one year in jail and fines of up to $300. Grand larceny, also known as grand theft, is a felony offense in Massachusetts. A charge of grand larceny could land you in state prison for up to five years, with fines of up to $25,000. If you’ve been charged with larceny, contact a Boston criminal defense lawyer today.

Larceny charges are serious. But the good news is, if you’ve been accused of larceny, a Boston criminal defense attorney with extensive experience fighting larceny cases may help you walk away with reduced charges, or no charges at all. It is up to the prosecution to prove, beyond a reasonable doubt, that your actions met all the elements required to be considered larceny. The elements of larceny are:

Unlawful taking and carrying away of
another person’s property
without that person’s consent,
and with the intent to permanently deprive that person of his or her property.

If any of the above factors are not present, the charge of larceny may be reduced or dropped altogether. If, for example, the prosecution cannot show that your intent was to permanently deprive the owner of the item you took, the act may not be considered larceny. This is where having skilled legal representation can be the difference between a clean record and time behind bars. Contact a Boston larceny defense lawyer today.

Did Your Actions Constitute Larceny?

Larceny can be complicated. As in the above example, if one of the elements of larceny is not present, larceny may not exist. However, if all elements were initially present, but you attempted to correct your actions, larceny may still exist. For example, if you felt guilty the next day and attempted to return the item you took, this does not absolve you from any wrongdoing. If you committed larceny prior to returning the stolen item, you may still be charged with larceny. However, a knowledgeable lawyer may be able to show that the act of returning the item proves that your intent was not to “permanently deprive the person of his or her property”, one of the necessary elements of larceny. Continue reading

November 1, 2016

MASSACHUSETTS MOTION TO SUPPRESS EVIDENCE ISSUES COMMON IN CAR STOP CASES

by Samuel Goldberg

In my last two postings, we have been discussing the arrest of unfortunate gent who was pulled over, contraband was allegedly found in his car and he turned out to be someone other than he said he was. He was, by the way, someone with an outstanding warrant hanging over his head and someone we hereinafter refer to as the “Defendant”. The case is from the Salem News .

We have been focussing on the criminal procedure aspect of the case. Namely, a potential motion to suppress in the case to prevent the Commonwealth from prosecuting this case.

Attorney Sam’s Take On Search, Seizure And Car Stops

Now, understand that we are simply going off the article here and we are giving full faith and credit to the facts alleged therein. The article is based upon what law enforcement says happened which means that, for this blog, we must presume that those facts are the truth.

As any regular reader to this blog knows, a motion to suppress has nothing to do with guilt or innocence. Like us, the court generally takes the Commonwealth’s version of the facts as true. The issues in a motion to suppress are fairly limited.

October 28, 2016

A BOSTON LAWYER CONTINUES TO DISCUSS THE SEARCH FOR AND SEIZURE OF DRUGS AND MONEY IN SALEM CAR STOP

by Samuel Goldberg

Let’s continue with our story from last Thursday. It was the car stop about which we learned from the Salem News .

Although there is more to say about the stop itself, let’s look at what happened after the stop.

During the traffic stop, the detectives say that they observed wires, unusual wear on the console and plastic shavings on the SUV’s floor. That, along with the flashing brake lights, led them to conclude there was a hidden compartment in the SUV.

Many folks might be suspicious of this claim. However, when officers do this enough time, they tend to learn the “going scheme” in secreting things like drugs and other contraband.

An Everett police sergeant with experience in finding hidden compartments arrived and helped open what turned out to be a metal box under the dashboard, according police. Assisting in this part of the investigation was the Danvers Police K-9 unit which included the police dog Stryka. Stryka was the one who had indicated that there could be drugs near the front seat.

Inside the compartment, officers say that they found 20 small bags of heroin, totaling just under half an ounce (12.8 grams) worth approximately $1,300; 13 small bags of cocaine totaling 5.7 grams, worth approximately $500; and $3,479 in cash.

And so it was that the Defendant was charged with possession of both heroin and cocaine with intent to distribute, failing to stop for police, giving a false name, forging a motor vehicle document, refusing to identify himself and driving after license revocation.

This time around.

October 20, 2016

SALEM CAR STOP RESULTS IN DISCOVERY OF DRUGS, MONEY AND A FUGITIVE FROM AN EARLY DRUG TRAFFICKING CASE

by Samuel Goldberg

Folks still try…but one very seldom outruns a default warrant for long.

Edgardo Rivera-Alvarado (hereinafter, the “Defendant”), allegedly has just learned this lesson.

According to law enforcement, the Defendant jumped bail seven years ago in a drug trafficking case. Now,41 years of age, he has been found to have been living in Lowell under the assumed identity of Jose Lopez. Allegedly.

Lopez was the name on the Defendant’s driver’s license, Social Security card and state of Pennsylvania identification card he handed officers following a traffic stop Friday on Margin Street in Peabody.

Authorities also say they recovered a cache of drugs and money hidden inside his SUV when he was stopped.

He is now an involuntary guest of the Commonwealth, held on $250,000 bail.

According to the Salem News , Peabody detectives were watching a home when they saw the Defendant pull into a driveway, spend about two minutes inside the home, then pull back out.