Boston Criminal Lawyer Blog

June 6, 2024

What Are the Penalties for Refusing the Breathalyzer in Massachusetts?

Driving under the influence (DUI) in Massachusetts carries severe penalties for those convicted. One of the key aspects of DUI enforcement is the administration of breathalyzer tests, which measure a driver’s blood alcohol content (BAC). While many are familiar with the consequences of failing a breathalyzer, fewer people understand the ramifications of refusing one.

Massachusetts operates under an “implied consent” law. When you obtain a driver’s license in the state, you automatically consent to submit to chemical tests (breath, blood, or urine) if a police officer suspects you of driving under the influence. This law aims to deter drunk driving and ensure public safety. Despite the law, studies show that refusal rates have been increasing, partly due to heightened awareness of the consequences of high BAC readings. In fact, of the more than 7,500 DUI arrests in 2019, approximately 15% involved breathalyzer refusals.

Penalties for Refusing a Breathalyzer

April 5, 2024

What happens if I miss my criminal court date in Massachusetts?

by Altman & Altman

The short answer is that likely a warrant has been issued for your arrest. That may, however, sound scarier than it is. Usually, your mistake is correctable if handled correctly and thoroughly. There are many factors which will ultimately determine what consequence, if any, there will be for you missing your court date. Ultimately, a District Attorney and/or Judge will consider an unlimited amount of factors when deciding upon how to handle your missed court date. Factors include but are not limited to: the reason(s) why you missed the court date and proof thereof, when you attempt to address the default/warrant/missed court date, what your prior record consists of, what the charges are, what your work, family and medical status is and, really, almost an infinite amount of factors that may be unique to you and your case.

It is critical, when you do decide to go to the court to remove the warrant/resurrect the case, that you come in as prepared as you possibly can be. This could be the difference between having the case dismissed that day, having the pendency of the case handled with you in custody or having the pendency of the case handled with you at home.

It is always a good idea to have the police report in hand and analyzed prior to going into court. This will help you address potential concerns or questions that a District Attorney and/or a Judge may have concerning your case. If you get in front of and are prepared for these questions, it will likely prove to make a very important difference in how the case is handled.

September 27, 2023

An overview of what happens at an arraignment in Massachusetts

by Altman & Altman

What is an arraignment? An arraignment is usually how a criminal case commences against you. There are exceptions to this general rule, which I shall talk about later. At an arraignment, typically a plea of NOT GUILTY is entered against you and a Pre-Trial Conference date set. Arraignments can be as uneventful as that or incredibly impactful and quite eventful.

The more eventful and impactful arraignments involve setting bail and even potentially holding you in jail during some of the pendency of the case. It could also involve you being ordered away from a person or place or ordered not to operate a motor vehicle or to wear a GPS ankle bracelet.

An important aspect of being arraigned is that, in some sense of the word, you now will have an entry on your Board of Probation record or CORI. In other words, you will now have a criminal record. In substance and in the law, you really do not have a criminal record, per se, as you have not been adjudicated as guilty, but if one were to search your record, there would be an entry. It is critical to try to avoid this if it is at all possible. Having a case resolved/dismissed prior to arraignment is crucial and always worth attempting using a variety of avenues to accomplish as such.

August 29, 2023

Man Convicted of Murder in 32-Year-Old Massachusetts Cold Case

by Altman & Altman

Three decades after the death of a 17-year-old Malden girl, a Middlesex jury found a Georgia man guilty of her murder. Rodney Daniels, 50, was convicted of first-degree murder this month for shooting Patricia Moreno on the fire escape of her apartment on July 20, 1991.

Moreno had been staying at the home with her foster mother, the woman’s two teenage daughters, and Daniels, who was the older daughter’s boyfriend. Daniels admitted being home at the time of the killing, according to a press release by the Middlesex District Attorney, but said he had been sleeping.

No weapon or cartridge casing was recovered from the scene and no witnesses could identify the shooter. Although police investigated the murder extensively at the time, they were not able to gather enough evidence to make an arrest. Moreno’s case went cold — until a few years ago.

May 2, 2023

Over 27,000 Massachusetts Drunk Driving Convictions Called Into Question

by Altman & Altman

If you were convicted of drunk driving in Massachusetts, you may qualify for a second chance. The Massachusetts Supreme Judicial Court (SJC) ruled in April that due to problems with certain breath test machines — and the state’s handling of the issue — around 27,000 people can request to withdraw their guilty plea or seek a new trial.

The ruling follows an investigation revealing that breathalyzers used in a Massachusetts forensic testing lab may have malfunctioned over a period of nearly eight years, leading to potentially faulty results. Citing “egregious government misconduct,” the SJC ruled that alcohol breath tests performed on the devices between June 1, 2011 and April 18, 2019 must be excluded from criminal prosecutions.

Misconduct at State Testing Lab

May 2, 2023

What are the Criminal Consequences of Leaving the Scene of an Accident in Massachusetts?

by Altman & Altman

If you have a car crash in Massachusetts, you are legally required to stop your vehicle and exchange information with the other parties involved. But drivers sometimes leave the scene of an accident for a variety of reasons: they are unaware of the collision, they have issues with their insurance or driver’s license, or they simply panic and drive away.

While you may know you should stop at the scene of an accident, what happens if you don’t? Hit and run violations can have potentially serious consequences including traffic tickets, suspension or loss of your driver’s license, legal fines, probation, and even jail time. The exact criminal penalties for leaving the scene of an accident in Massachusetts depend on the specifics of the crash, including what kind of damage or injury occurred.

What Constitutes a Hit and Run in Massachusetts?

June 20, 2022

What Constitutes Disorderly Conduct in Massachusetts?

by Altman & Altman

What Constitutes Disorderly Conduct in Massachusetts?

Over 2,000 people a year find themselves under arrest for disorderly conduct in Massachusetts. But what exactly is disorderly conduct? Often used as a catch-all offense when someone acts in a way that is likely to upset others, disorderly conduct actually applies to a range of activities. So if you engage in any number of behaviors that annoy the public at large, you may face a charge of disorderly conduct in Massachusetts.

While each state has its own laws about what constitutes disorderly conduct, Massachusetts defines it as “behavior that tends to disturb the public tranquility or to alarm or provoke others.” It includes fighting and threatening, engaging in agitated behavior that causes a public nuisance, and acting in a way that poses a hazard to public safety or creates a physically offensive condition for no justifiable reason.

November 4, 2021

Applying for a hardship license in Massachusetts

by Altman & Altman

We often get the question here at Altman and Altman LLP, if I have lost my Massachusetts drivers license due to a criminal or motor vehicle infraction, am I eligible to apply for a hardship license? In general (though with some exceptions) the answer is yes. There are two instances where the hardship license is unlikely to be granted are as follows: If someone is serving a license suspension for refusing a breathalyzer test it is an uphill battle and very unlikely, In addition if someone had their license suspended for negligent or reckless homicide the answer is generally not likely as well. However, other than these two examples if you/we can make a compelling case for a hardship license you have a real chance to be granted the license. We have found that applying for a hardship license in Massachusetts is often not a futile or a time wasted process.

The best case scenario is that the Massachusetts Board of Appeals grants you a hardship license. The worst case scenario is that you are denied the hardship license, but the Board advises you as to why they are inclined to deny your request at this time. They will provide you/us with valuable information for the next time we apply for the license. For example, the Board may have wanted to see more of a work or family need for the hardship license to be issued, or the Board may have wanted to see the additional engagement of driving classes or courses. While there is some risk that that Board of Appeals will not permit you to re-apply for a certain period of time, we have found that they can be reasonable in that time frame, if they give any time constraints at all.

In our dealings with MA Board of Appeals and/or the DMV/RMV we have found them to be very understanding of one’s true need to have his or her driver’s license. This seems especially true in these pandemic/post pandemic times. While having a MA drivers license is a privilege and not a right. for many people not having the right to drive can be debilitating and potentially career threatening. Whether it be for employment, medical issues, or general family life, not having a driver’s license can be life altering. If we can successfully prove to the board that that you are not a danger to the public, that you have taken adequate steps to ensure that the reason you were suspended in the first place would likely not re-occur and if you have a true hardship, we believe that there is a reasonable chance that you will be granted a hardship license. That said, every case is taken on a case by case basis. But there should be a sense of optimism in obtaining a hardship license when going before the Board of Appeals. If you have questions about your potential hardship case, give us a call to talk with one of our experienced Massachusetts criminal defense lawyers.

August 27, 2020

What is the difference between probable cause and show cause hearings in Massachusetts?

by Altman & Altman

What is a show cause hearing?

A show cause hearing is held before a Massachusetts district court magistrate to establish whether or not there is probable cause that you committed the crime you are accused of. In other words, the prosecution must demonstrate that the evidence shows reasonable grounds for you to be charged with the crime. It is generally available to you if you are accused of committing a misdemeanor crime that you were not arrested for. You may request one within four days of receiving a motor vehicle citation that details misdemeanor charges. At this hearing you, the accused, may bring witnesses. The clerk magistrate will ultimately determine if there is sufficient evidence to constitute probable cause. If he or she determines there is, you will be given a date for your arraignment, where charges will be formally brought against you. If you were arrested, charged with a felony, or the magistrate determines that you may be dangerous, you are not entitled to a show cause hearing.

What is a probable cause hearing?

August 11, 2020

How Does Foreign Extradition Work In Practice?

by Altman & Altman

Foreign extradition is the process by which a criminal found within the United States, is handed over to another country for the sake of criminal proceedings in that country. This process is regulated by treaty and is handled by the federal government. The United States has agreements with over 100 countries. Often these treaties cover all acts that are considered crimes in both countries; however, some only apply to specific crimes. There are times when extradition is allowed without the presence of a treaty, but this will often only occur if the country offers reciprocity. In other words, the United States will not extradite to one country in the absence of a treaty unless the other country will extradite to the United States. The United States has even been willing to extradite people to another country, even when that country would not do the same. The bottom line: America is willing to extradite those within its borders to another country. If you are at risk of foreign extradition, contact one of our foreign extradition attorneys today.

What is an extraditable offense?

Extradition treaties must lay out specific offenses that warrant extradition. In cases where the specific offense is not listed in the treaty, extradition will not be allowed. Many countries, including the United States, may also refuse to extradite offenses that allow for the death penalty in the requesting country.