by

Many people assume that law enforcement has some kind of duty to notify a suspect before they seek criminal charges against them. This is not true. In fact, to the contrary, the police often try to catch a suspect by surprise when arresting him or her so that the suspect does not flee.

Sometimes they even do it for media-related purposes.

If you are actually being charged with a crime, one of the following will occur:

1. A police officer or detective will show up, put handcuffs on you and arrest you. He/she may give you a chance to make a statement first…as discussed in many of my blogs, you probably do not want to take that opportunity;

Continue reading

by

Kevin Burnham, a “decorated and highly-respected” Springfield police officer who retired in 2014 (and hereinafter, the “Defendant”) has been indicted with stealing approximately $385,317 which had been evidence in 170 drug cases. He has pleaded “not guilty” and released on his own recognizance.

The Defendant must turn in his passport, not travel out of state without Probation Department permission, turn his guns over to counsel who must give them to any successor counsel, and give his license to carry firearms to the police commissioner.

The defense attorney at the bail hearing was appointed “for arraignment only” and so now the Defendant must find his own criminal defense attorney by January 19th.

The Indictments charging the Defendant with larceny counts name a timeline of more than a four year period .
Continue reading

by

Michael P. McCarthy, 35 and hereinafter, the “Defendant” went to court today. He is the gent who stands accused of actually killing the toddler known for months as “Baby Doe”.

The court was Suffolk Superior Court in Boston. The charge is Murder in the First Degree.

This was not the first time the Defendant was in court on this matter. He has been in jail since September 18, 2015. At the time, he was held without bail and the matter was in District Court.

Now, the case has been indicted. He is in Superior Court where a conviction on the charge is possible (the charge cannot be prosecuted in District Court) and he faces the sentence of Life without the possibility of parole.

Continue reading

by

I have been around as a Boston criminal defense attorney for an uncountable number of years. Laws and procedures that make little to no sense is nothing new in the trenches.

One such sentencing-related law was changed this past week.

On Wednesday, the state House of Representatives unanimously voted to repeal a 1989 law which dealt with convictions for drug offenses. The law basically mandated that someone convicted of such a crime (whether by plea or after trial) would automatically have their driver’s license suspended whether or not said drug matter had anything to do with driving.

The Senate passed a similar law repealing that 27-year-old legislation in the fall. Governor Charlie Baker has indicated he is “open” to the legislation as well, the Boston Globe reports.

The original hope had been that the added punishment would intended to deter drug use. The problem was more in Reality than in Hope Land. In Reality, suspending licenses limited the ability of prior drug users to get their life back on the path to recovery.
Continue reading

by

If you have a commercial driver’s license (CDL) you are automatically subjected to stricter rules and regulations. You may also face harsher penalties for traffic violations and other offenses. If you are convicted of a ‘major violation’, whether you are driving your personal vehicle or a commercial motor vehicle (CMV), you will be immediately disqualified from operating a CMV for one year. One of the most common major violations for individuals with CDLs is driving while intoxicated (DWI). Contact a Boston DWI Lawyer Today.

Major violations for CDL Holders

CDL violations are classified as major or serious. Major violations are the greater of the two and result in immediate suspension, revocation, or lifetime loss of a driver’s CDL. Serious violations can also result in suspension, revocation, or lifetime loss, however, this typically only occurs on a cumulative basis. Examples of major violations include:

Being charged with a DUI, DWI, or OUI while operating your personal motor vehicle

Operating a CMV with a blood alcohol concentration (BAC) of 0.04% or higher

Refusing to submit to an alcohol test

The first major violation will result in a one-year suspension of your CDL. However, if you were transporting hazardous materials at the time of the violation, you may receive a three-year suspension. The second major violation will result in a lifetime suspension of your CDL, but certain reinstatement options may be available after ten years.

Any Amount of Alcohol Can Affect Your Ability to Operate a CMV

It is also important to note that if you are caught driving a CMV with any detectable amount of alcohol in your system, but less than 0.04%, you will be required to go out of service for at least 24 hours.

The Motor Carrier Safety Improvement Act of 1999

You don’t have to be driving a commercial vehicle to lose your CDL for DWI. If you get charged with any kind of drug or alcohol offense, the charges will result in a suspension of your CDL as well. This suspension or revocation is above and beyond the standard fines and penalties for DWI charges. You may lose your personal driver’s license, spend time in jail, and face hefty fines. The Motor Carrier Safety Improvement Act of 1999 establishes the following guidelines for CDL holders:

If a driver’s personal vehicle license is suspended or revoked due to an alcohol violation, the CDL will be revoked for one year.

If a driver receives a second alcohol conviction, the CDL will be revoked for life.

If you have a CDL, with the exception of parking violations, all traffic violations must be reported to your employer within 30 days. In addition, depending on the severity of your charges and your history, criminal penalties may apply. Continue reading

by

Hello and happy new year! I wish I could be starting the year off with a happy story…but this is, after all, a criminal law blog.

Springfield authorities have announced their recent bust which took place on Saturday night. According to the Boston Herald . the police say that the heroin seized was marked with the infamous “Hollywood” stamp.

The “Hollywood’ stamp indicates that it is the “brand” of heroin that is running rampant through western Massachusetts.

Continue reading

by

As I think I mentioned in my last blog, the holidays can be a stressful time.

A gent from Charlton, a pickup truck driver who we will simply call “Defendant”, is using that as a defense in an upcoming criminal matter.

It is not really much of a defense, but his reaction after he was caught might well get him out of a criminal conviction…although he did not follow my general advice.

Continue reading

by

The holidays can be a stressful time.

There are certain do’s and don’ts that we have many times discussed as to ways in which one can release the pressure.

For example, going to a therapist or a close friend to discuss the emotional turmoil you are facing is a good one.

Taking out a handgun in public and pointing it at someone’s head tends to be a bad one.
Continue reading

by

…And so our list continues.

Law enforcement has appeared at your door, interested in coming in to either look around, have a chat or both.

Now what?

I had just finished the second of five points for you to keep in mind when we left off.

Suggestion 3. Thou Shalt Not Give False Information

Whether or not you choose to carry on conversations with the investigating officers is your choice. However, that does not mean that you are free to tell them anything you want.

The law does not give you the license to lie to the investigators.

In fact, in Massachusetts, to give false information to law enforcement is to commit a felony. That felony, ironically, is called “Intimidation Of A Witness” for some reason which continues to allude me.

Sometimes, as it does with logic, the law has its own way of defining words.

However, the meaning of the law is clear. You cannot lie to law enforcement.
Continue reading

by

In my last blog, we discussed the scene where law enforcement is banging on your door and asking to come in. Let’s assume that they have come for something other than simply a social visit or to congratulate you on being such a great citizen.

Let’s also assume that, all things being equal, you would prefer not to be part of their ongoing criminal investigation.

I am not one for giving orders, so you may wish to consider the following five items to be suggestions rather than commandments.

Rather strong suggestions:

Suggestion No.1: Thou Shall Try To Ascertain If There Is A Warrant And What It Is For

It is usually a good idea to find out if, indeed, the officers have a warrant. If they do not, then they may not have a right to bother you if you prefer they go away.
Continue reading

Contact Information
Cambridge, MA
Main Office
675 Massachusetts Avenue
Cambridge, MA 02139
Phone: 617.206.1920Fax: 617.491.3299Toll Free: 800.481.6199
Boston, MA
1 State St
Suite 2
Boston, MA 02109
Phone: 617.547.1205Toll Free: 800.481.6199
Needham, MA
250 First Avenue 2nd Floo
Needham, MA 02494
Phone: 781.675.2329Toll Free: 800.481.6199

Some Select Cases are referred to other attorneys for principal responsibility

By publishing this information on this Website, the Boston, Massachusetts law firm of Altman & Altman LLP is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2025, Altman & Altman LLP
JUSTIA Law Firm Blog Design