You know the scene.
Law enforcement smells illegal drugs, guns or even child pornography. Something illegal.
Maybe they are right…and maybe they are wrong.
The authorities are banging on your door to check it out.
You demand to see a warrant.
They don’t have one.
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Yesterday, we began discussing two of a myriad of matters in which civilians and police officers met…violently. In those two matters, as is too often the case, death for somebody was the result.
I said that there was an important reality here which could effect you.
“Sam, I have read many of your past blogs. I know that you have always advised that when investigating officers approach me, I should not try to out-run, out-talk or out-fight them. Let’s assume I don’t. Let’s assume I also do not go out committing crimes. So, how would I be in a position to ‘learn’ from these tragic episodes?”
You have seen the headlines. You have heard the newscasts.
Sometimes it almost seems like there is a war going on between regular civilians and local police departments. Sometimes, it is law enforcement who ends up the victim of a homicide. Other times, it is the civilian.
Is there a way to stem this tide? More importantly to this particular blog, is there any way to protect you from its result?
In 1984, the United States passed the Uniform Drinking Age Act to mandate that all states raise the drinking age from 18 to 21. In compliance, the state of Massachusetts raised the legal drinking age in 1985. Since the change, and with rising awareness regarding underage drinking, the state of Massachusetts has adopted a serious zero-tolerance policy. These policies mandate a number of minimum penalties that can include minimum fines, jail time, operator’s license suspensions, and mandatory classes. Contact a Massachusetts Criminal Defense Lawyer.
A number of Massachusetts laws cover alcohol related offenses in relation to minors. The most common being minor in possession or transporting alcohol, both criminalized under Massachusetts code chapter 138, section 34c. While the initial penalty of this charge is a maximum $50.00 fine, the other implications are very serious. An alcohol related charge on your permanent record, revocation of driving privileges for 90 days, and increased insurance costs are a few examples of additional repercussions. Even a seemingly minor offense can create a burden for years into the future. Employment background checks, having to claim an offense on applications, difficulty obtaining affordable auto insurance, and even public housing and assistance programs can be affected by a criminal record.
Operating Under the Influence
More serious charges include operating a motor vehicle under the influence (OUI). An OUI, for a minor only requires a very nominal blood alcohol content (BAC). A BAC greater than 0.02% may result in OUI charges. This is compared to the much higher threshold of 0.08% for an adult over the age of 21. A very small amount of alcohol ingested prior to operation of a motor vehicle is all that it takes to charge a minor with OUI. Without proper defense, these cases often result in major penalties. First time offenses can include fines from a minimum of $500 to a maximum of $5000, a 1 year revocation of driving privileges, and up to two and a half years jail time.
False or Fake ID in Massachusetts
Using false identification to obtain/purchase alcohol is another very serious charge. Any person using or attempting to impersonate another person to obtain false identification documents is subject to severe penalties even for first time offenses. These may include fines up to $500, a maximum of five years in state prison, or a maximum of two years in jail.
No matter the circumstances, underage drinking charges and related charges can be extremely detrimental to a young person; any alcohol related offense for a minor under 21 requires a thoughtful criminal defense. Our attorneys are well versed in alcohol related defenses, and will be at your side throughout the process to ensure all options are explored. Continue reading
Television has now long been used by law enforcement to try to clear up so-called “Cold Cases”.
The aim of putting such programs on the air is, from the Network point of view, I suppose to make money because folks are interested in these programs. For law enforcement, however, the aim is to solve outstanding mysteries. These mysteries usually involve homicide cases because there is no statute of limitations that would terminate the ability to bring charges in murder cases.
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16-year-old Philip Chism (hereinafter, the “Defendant”) is having all sorts of trouble in Salem Superior Court, according to the Boston.com
As if being charged with rape and murder were not enough, the judge overseeing his trial has found that he is competent to stand trial. He apparently tried to find a way out of the trial earlier this week, by refusing to enter the courtroom.
That did not prevent the continuing of the trial either.
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In my last blog, I laid out the facts for a case, which was recently dismissed because we were able to uncover exculpatory evidence from the Department of Children and Families. Our client was charged with Assault and Battery on a minor (his 7 year old step-son). The child made the initial disclosure of the abuse 2 years after the abuse was alleged to have occurred at a time when the Department of Children and Families were already involved. We motioned the court, pursuant to Massachusetts Criminal Procedure Rule 17; to issue a summons to DCF for their records regarding the child at the time abuse was alleged to have occurred.
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A basic rule of criminal procedure is that the Commonwealth must turnover any and all exculpatory evidence (evidence which can lead the fact finder to believe the defendant is innocent) within their possession to the defense. In most cases there is rarely much exculpatory evidence, because if there were, the defendant would probably not have been charged in the first place. A problem arises when there is exculpatory evidence but it is not in the Commonwealth’s possession (even if commonsense says it should be).
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We usually encourage teachers who take a personal interest in students. Not always, though. Sometimes, we figure it is going too far.
This case involves such allegations.
28-year-old Elizabeth Backler (hereinafter, the “Defendant”) was a North Shore educator and swim coach at north Andover High School. While she is no longer so employed, that is where the facts at issue are alleged to have taken place.
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As I write this the website for his Cannabis Consulting is still up and, seemingly, ready for business.
However, 41-year-old Ezra Parzybok (hereinafter, the “Defendant”) may have a fight on his hands to keep said business going.
You see, the Defendant has been caught up in one of the biggest hypocritical snafus that the Commonwealth has to offer these days.
You guessed it. We are talking about the semi-legalization of marijuana. Weed. Pot.
That substance that most experts say is not harmful but seems to be causing so much confusion and trouble that trying to figure it all out could lead one to heroin.
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Boston Criminal Lawyer Blog