Boston Criminal Lawyer Blog

February 6, 2018

When is Social Media Harassment a Crime?

Harassment, which occurs when a person intentionally annoys, threatens or provokes another person – or causes them to feel emotional distress – can take many forms. Workplace sexual harassment, for example, may include everything from making inappropriate jokes of a sexual nature in the presence of a co-worker to outright sexual assault. Whether or not harassment is a crime, however, depends on multiple factors. More serious types of harassment, such as stalking and hate crimes, are generally considered to be criminal in nature. But what about social media harassment?

Harassment doesn’t always occur in the physical realm. In fact, more and more often, people are using the anonymity of the internet to wreak havoc on their victims. From making online threats to cyberbullying, online harassment via email and social media networks has become disturbingly common. As with all types of harassment, however, the punishment – or lack thereof – depends more on the type of harassment than where the harassment takes place. For example, a death threat is a criminal form of harassment whether it’s made in person or on social media, whereas calling someone fat in person or online is cruel, but probably not criminal.

Misdemeanor or Felony?

Criminal harassment can be a misdemeanor or a felony. The distinction between the two is often based on whether the harassment was a first or subsequent offense. But the type of harassment is also a factor; a threat that makes a person fear for her safety may be a misdemeanor, but threatening to kill someone is more likely to be considered a felony. A Boston personal injury lawyer can help you determine how to proceed if you’ve been the victim of social media harassment.

In recent years, legislators have begun to respond to the impact that cyberbullying, including social media harassment, can have on children and young adults of all ages. Depression, suicide, and even school shootings have been some of the most tragic consequences. As such, there has been a nationwide trend toward increased accountability for all types of bullying, with a focus on “electronic harassment,” including social media bullying and threats.

Penalties for Cyberbullying

Cyberbullying constitutes harassment if it involves repeated conduct of an alarming nature that is directed at a specific victim. If the actions would cause a reasonable person to feel distressed, the harassment may lead to criminal penalties. In MA, harassment – online or otherwise – can carry a fine of up to $1,000 and up to two-and-a-half years in jail. Second and subsequent offenses can land the individual in prison for up to 10 years.

Cyberbullying is a serious issue. The lasting emotional pain and fear for one’s safety can be devastating. A MA injury lawyer can help you recover damages if your child has been the victim of social media harassment or any type of cyberbullying.

Beyond fines and jail time, a person convicted of online harassment may be required to undergo psychological counseling. Further, he or she will likely be forbidden from having any type of contact with the victim. Violating such an order will almost certainly lead to additional charges.

Most states, including MA, have implemented anti-bullying policies in their schools. Students who harass another student in school or online may be subject to non-criminal penalties, including school suspension or a ban on school sports. And victims of cyberbullying may be able to seek compensation in civil court. Continue reading

February 5, 2018

MASSACHUSETTS STUDENTS ARE ARRESTED FOR ASSAULT AFTER THE SUPERBOWL

by Samuel Goldberg

Well, it’s the day after.

This morning, I was curious as to the reaction by my fellow Bostonians (and environs) to the loss of the New England Patriots. I was a bit surprised to hear on Radio 1030 that, while Boston’s Finest were out in droves…ready for trouble…the mood was quiet…if a bit dismal. Not much action.

Not so, apparently, throughout the Commonwealth. For example, the Boston Herald tells us that six people were arrested and several others injured when mayhem erupted. Fists were flying and folks were falling on the campus of University of Massachusetts Amherst after the New England Patriots lost the Super Bowl to the Philadelphia Eagles, 41-33. The medical calls included head injuries, cuts and drunkenness, according to UMass.

The school announced this morning that approximately 2,000 people gathered on the Southwest residential plaza after the game ended at 10:17 p.m. Fights began breaking out “and the crowd threw objects and set off smoke bombs and firecrackers,” according to the school. By 11:30 p.m., the area was cleared, courtesy of the Amherst and state police. The officers used PepperBall to clear the crowd after issuing multiple dispersal orders.

UMass police are pursuing criminal charges and the school said “the university will also initiate a prompt review of the matter under its student conduct process as appropriate.”

Attorney Sam’s Take On Stupid Behavior And Real Consequences

I would like to make sure that I understand the situation here.

The students involved in the so-called melee were college students. Assuming that they were not enrolled in college simply because they had nothing better to do, they have some amount of interest in their future. You know, education, higher learning degrees…that sort of thing.

February 1, 2018

CRIMINAL DEFENDANT’S ANSWERING OF POLICE QUESTIONS RESULT IN DANGEROUSNESS HEARING (“Part 2 of 2)

by Samuel Goldberg

As we discussed yesterday, Thirty-two-year-old Xavier Broughton(hereinafter, the “Defendant”) was arrested Tuesday in connection to the discovery of a dead body (hereinafter, the “Deceased”).

The Deceased had been missing and police were looking into the disappearance. On Monday night, law enforcement located the Deceased’s body in Worcester.

Apparently, the Defendant was approached and questioned. He decided to answer the questions and found himself arrested and charged disinterment of a human body and misleading a police investigation.

According to CBS , the prosecutors called his statement a “confession” at his arraignment. Said confession was allegedly that the Deceased was at the Defendant’s house for a party on January 7th and had overdosed on heroin. The Defendant apparently admitted that he had panicked and hid the Deceased’s body in an enclosed back porch, covered in boxes.

The Commonwealth also revealed that there is video surveillance showing the Defendant dragging the body of the Deceased. According to the prosecutor, the Defendant also said that the Defendant told police that the deceased stopped breathing while they were “partying together” on January 7^th.

Unfortunately, according to the prosecution, the Defendant changed his story somewhat during questioning. Initially, he told police the Deceased had been at his house for the party but left the next morning. That was when police visited the Valley Hill Drive home after the Deceased’s family had reported him missing on January 9th.

According to officials, a tip brought them back to Broughton’s house.

Attorney Sam’s Take On Statements, Evidence And Damage Control

Well, some of the mystery about which we spoke yesterday are cleared up. Most notably is the basis f the charge regarding misleading the police.

“So, you no longer think that this could turn into a homicide investigation?”

January 31, 2018

POTENTIAL HOMICIDE SUSPECT WHO ANSWERED POLICE QUESTIONS ABOUT A HIDDEN BODY FACES A DANGEROUSNESS HEARING (Part 1 of 2)

by Samuel Goldberg

Sometimes,people get themselves in trouble because they were trying not to get in trouble in the first place.

For those of my older readers, I remind you of the case of the late ex-President Richard Nixon. For you younger readers, I bring you a tale from today’s news.

According to the Boston Herald , Xavier Broughton of Worcester, hereinafter, the “Defendant”) is now facing criminal charges. In fact, he is also facing being held without any bail options.

The 32-year-old Defendant is charged with hiding the body of a man who apparently died in the Defendant’s home. Today’s Dangerousness Hearing will determine whether he is a “threat to the community” . At stake is his liberty. If the court finds he is a threat, he will be held without bail.

The criminal charge facing the Defendant is disinterment of a human body and misleading a police investigation.

Police say that they found said body Monday under cardboard boxes and paper bags on an enclosed porch. The Commonwealth believes that the body is that of Justin Ramos, who was last seen at a party at the Defendant’s home on January 7th.

The Defendant allegedly told investigators that Ramos died of a heroin overdose and he tried to revive him.

An autopsy is underway.

The Defendant’s attorney says that today’s Dangerousness Hearing is not necessary based on the charges

The Commonwealth clearly disagrees.

Attorney Sam’s Take On Making Statements And Resulting Suspicions

This type of situation has many layers to discuss in it.

January 30, 2018

“I AM A CRIME VICTIM. CAN A MASSACHUSETTS CRIMINAL DEFENSE LAWYER HELP ME?”

by Samuel Goldberg

Often, I receive calls from victims of crimes.

Yes, I know that I generally call them “complainants” because I am a criminal defense attorney. I do know, however, that crimes do indeed happen and, when they do, it is usually a victim that they happen to.

Besides, as far as I am concerned, if my client tells me that he or she is a victim of a crime, I can hardly disagree. After all, I was not there at the event. If I were, i would be a witness. But that is a whole other subject.

Does it surprise you that I am sometimes hired by victims of crimes to help them through the criminal justice system?

It shouldn’t. For the uninitiated, the criminal justice system is a foreign and scary land.

January 25, 2018

Charged with Arson in Massachusetts? What you Need to Know.

by Altman & Altman

Arson is a criminal offense that occurs when a person intentionally and maliciously sets fire to another’s property. The term ‘property’ can refer to a house or building, but it also includes motor vehicles, and even open land.

Fires caused by arson result in hundreds of deaths and thousands of injuries annually. They destroy buildings, outdoor areas, family homes and vehicles such as cars and boats. In fact, the burning of one’s own property can also be considered arson, if done for an improper purpose. This is common when a person wishes to collect money by making a fraudulent homeowner’s insurance claim. In Massachusetts, arson is a felony.

It is estimated that the crime of arson costs about $1.4 billion in property damage every year. Statistics show that arsonists most often target poor areas and abandoned buildings. If you have been charged with arson, you may be facing serious penalties and significant time behind bars. A Boston criminal defense attorney can help you determine how to proceed.

Arson prosecutions

In order to convict someone of arson in MA, the prosecution must prove beyond a reasonable doubt the following elements:

The burned property had a value exceeding twenty-five ($25) dollars;
The property – that belonged to another person – involved real estate, or personal property;
The accused intended to burn the property, or caused the property to be burned, intentionally and not merely by accident.
The accused burned the property maliciously, meaning that there was an unlawful motive behind the act, without lawful excuse.

The hardest element for the prosecution to prove in an arson case is that a defendant was “willful and malicious” when he or she set fire to the property, or caused it to be burned. This is good to know if you are currently facing arson charges; the prosecution often struggles when trying to establish the defendant’s state of mind at the time the crime was committed (i.e. it may be extremely difficult, for example, to prove that a person using fireworks intended to burn his neighbor’s house to the ground). This is why it is so important to have knowledgeable, experienced legal counsel if you are facing arson charges. A MA defense attorney can help you protect your rights if you’ve been charged with arson.

Arson Penalties

The crime of arson carries some serious penalties. As with most crimes, however, the penalties and punishment depend on multiple factors, including prior criminal history, aggravating circumstances, and the value of the damaged property / injuries. If you are convicted of arson in Massachusetts, you may be facing the following penalties:

If you acted “wantonly,” (as opposed to maliciously) – a maximum of two-and-a-half years in jail, and a fine of $1,500, or three times the value of the damage, whichever is greater;
If your actions were willful and malicious – up to 10 years in prison, and fines of $3,000 or three times the amount of the damage caused;
Restitution (financial payment to victims intended to compensate for damages suffered);
Probation sentence of at least 12 months, and up to five years.

January 25, 2018

WOULD A MASSACHUSETTS SENTENCING HEARING BEEN MUCH DIFFERENT FOR LARRY NASSAR?

by Samuel Goldberg

Well, the hearing in Lansing, Michigan, has grabbed the attention of the nation over the past week or so. The court’s judgment came down yesterday.

Larry Nassar, hereinafter, the “Defendant”, the 54-year-old former sports doctor (who had already been convicted of dealing in child pornography) has now been given his sentence in his most recent brush(es) with the law. I invoke the plural given the sheer number of victims.

As reported by the Boston Herald, the Defendant has admitted sexually assaulting some of the nation’s top gymnasts for years under the guise of medical treatment.

There was no room for doubt as to how the judge felt as she sentenced him. Aside from indicating that she would not be opposed to a death penalty sentence in his case, statements like “”I just signed your death warrant” and “It is my honor and privilege to sentence you. You do not deserve to walk outside a prison ever again.” Left little room for doubt.

Neither did the sentence of 40 to 175 years in prison. He had already been sentenced to a 60 year sentence for the above-mentioned child pornography case.

The sentence came after a seven-day hearing in which scores of the Defendant’s victims were able to confront him face to face in court for the sentencing hearing.

Attorney Sam’s Take On Massachusetts Criminal Sentencing

First, let’s deal with the question which serves as the title for today’s posting. The answer is “I doubt it” as to whether the sentencing hearing would have played out differently in Massachusetts. The only reason there is any doubt is that different personalities might be involved The process of a sentencing hearing is the same.

By law, victims are accorded the right to address the court as to the effects of the crimes by a given defendant. Their input is considered along with other factors when the judge considers the proper sentence.

“Sam, what are the factors?”

January 25, 2018

Can I Get a Hardship License if My Driving Privileges are Suspended in MA?

by Altman & Altman

There are a number of ways to lose your driving privileges in MA. From excessive traffic violations to an OUI conviction, reasons for suspension can vary widely. Fortunately, some MA drivers who lose their license will qualify for something called a hardship license. A hardship license allows the individual to drive, but only for approved reasons, and only under limited circumstances. Generally speaking, a hardship license allows people to drive to and from school and / or work.

Do I Qualify?

As stated above, there are many ways to lose your license. Whether or not you qualify for a hardship license will be largely dependent on several factors, including:\

the reason for your suspension or revocation,
how long your license has been suspended,
your previous driving record, and
whether your suspension is based on refusal of a chemical test or breath test.

Habitual Traffic Offenders and individuals with OUI convictions are generally eligible for a hardship license. If your suspension is due to refusal of a chemical or breath test you may still be eligible for a hardship license. To qualify under such circumstances, you must be enrolled in the 24D (first offender’s) program. Without enrollment in this program, the hardship license will be denied. It’s important to note that if your license has been suspended for refusing a chemical or breath test, you are entitled to a hearing within 15 days of the suspension. A Boston OUI defense attorney can help you protect your rights, and possibly get the refusal suspension overturned, at your hearing.

What Does a Hardship License Allow?

If you receive a hardship license after a suspension or revocation in MA, you will be allowed to operate a motor vehicle during the same 12-hour period each day. If you are found to be driving outside of that 12-hour period, you may receive a citation or even be arrested. Although the hardship license is primarily intended to allow you to drive to and from work and school, there are no restrictions on where you can drive as long as you stay within your designated 12-hour period.

Hardship License Requirements

There are many requirements for obtaining a hardship license. Some of the most common criteria include:

No operation of a motor vehicle since the suspension or revocation
Minimum suspension period for hardship consideration has passed
Enrollment in the 24D program
Completion of the National Safety Council Driver Retraining Course
Completion of an approved alcohol treatment program
Documentation that you are in compliance with probation
A letter from your employer or school stating that you need a hardship license

You may have to serve a specific term of your suspension prior to becoming eligible for a hardship license. If your suspension is due to being classified as a Habitual Traffic Offender, for example, MA law holds that you must wait at least one year before applying for a hardship license. The Registry typically issues about 3,500 hardship licenses per year. Even if you qualify under the hardship criteria listed above, there are no guarantees that you will be issued a hardship license. An experienced Boston defense attorney is crucial to a favorable outcome. Continue reading

January 23, 2018

“MASSACHUSETTS DCF SUPPORTED ALLEGATIONS AGAINST ME! WHAT DO I DO?” (Part 2 of 2)

by Samuel Goldberg

So you are standing there with the letter that came to you from the Department of Children and Families (“DCF”). The letter says that they have investigated reports of your being abusive and neglectful to your young children.

When you got the first letter, the 51A letter, you agreed to meet with the DCF investigator. You figured that you did not need a lawyer. After all, to your best knowledge, you are neither neglectful nor abusive. Nothing could be further from the truth!

You met with the investigator, who struck you as having just graduated from high school, and explained the absurdity of the allegations. She nodded politely and seemed very nice.

Yes, you had an argument with your spouse. Yes, the kids where home. Yes, sometimes you are forced to raise your voice a bit with your children when they get out of control. Who doesn’t?

No hitting. No violence. Certainly nothing like what you grew up with!

How could they find against you?

Attorney Sam’s take on 51A, 51B and what to do next.

As I mentioned in my last posting, the definitions of words like “abuse” and “neglect” have different meetings in the DCF world. Very often, for example, verbally chastising somebody is considered abuse. Yelling at someone when the children are around, witnessing it, is often found to be neglect.

“Sam… That’s ridiculous! That’s daily life!”

January 22, 2018

The Difference Between a Bench Warrant and an Arrest Warrant in Massachusetts

by Altman & Altman

None of us really wants to be on the other side of the justice system. But when we find ourselves in such a position, it is essential that we face the problem head on, and deal with it immediately. Unfortunately, warrants do not just disappear. Avoiding or postponing the inevitable will almost certainly result in more severe consequences.

In criminal cases, failure to appear at a scheduled court date may result in the judge issuing a warrant for your arrest. If this happens, you will need to act immediately; police may take you into custody at any time.

Bench Warrants vs. Arrest Warrants

Warrants are issued for a multitude of reasons. In MA, there are two primary types of warrants – bench warrants and arrest warrants. The differences between the two are explained below.

A bench warrant may be issued if you fail to appear for a scheduled court date. Police have the authority to take you into custody if you have an outstanding bench warrant. In addition to failure to appear in court, these warrants are issued for violating probation, and failure to pay child support or complete community service. If police take you into custody on a bench warrant, you could end up stuck in jail until the court schedules a hearing on your case. You will also likely have to pay court fees.

When a bench warrant is issued against you, police may or may not actively seek you out. For this reason, people often mistakenly assume that the problem has miraculously disappeared. But even a minor traffic stop years later can result in police running your name, seeing the warrant, and placing you under arrest.

An arrest warrant is issued when a police officer provides substantial evidence that you have committed a criminal offense. If a judge issues the warrant, police are authorized to arrest you at any time. One main difference between bench warrants and arrest warrants is that police will actively seek you out when an arrest warrant has been issued. If taken into custody, you could be held in jail without bail until the court schedules a hearing on your case. A Boston criminal defense attorney can help you determine how to proceed if you are facing a bench or arrest warrant.

Failure to Appear in Court

In addition to the issuance of a bench warrant, failure to appear in court may also carry its own penalties. In Massachusetts, the penalties for failing to appear in court may include:

Failure to appear on a misdemeanor proceeding: Up to one year in jail and fines up to $10,000
Failure to appear on a felony proceeding: Up to two-and-a-half years in jail and fines up to $50,000

You can avoid a warrant and the penalties above by dealing with the problem proactively and arriving on time to all scheduled court dates. If you accidentally miss a court hearing, however, a skilled Boston defense attorney can help you protect your rights. Continue reading