Criminal Law

November 14, 2018

Alexa Asked to Testify?

In January 2017, the bodies of 32-year-old Jenna Pellegrini and 48-year-old Christine Sullivan were found under a backyard tarp at a home in Farmington, New Hampshire. Each woman had suffered multiple stab wounds. Among the evidence collected at the home was an Amazon Echo smart speaker (commonly referred to as Alexa), which the prosecution believes may have recorded crucial sounds during at least one of the murders.

Last week, a spokesperson for Amazon said that the retail giant will not release information “without a valid and binding legal demand properly served on us.” But it looks like that information will soon be on its way. Amazon was ordered by Judge Steven Houran to release all recordings, as well as any relevant data, such as whether anyone’s phone was linked to the Echo device. A Boston criminal defense lawyer can help you determine how to proceed if you’ve been charged with a crime.

“The court directs Amazon.com to produce forthwith to the court any recordings made by an Echo smart speaker with Alexa voice command capability,” wrote Judge Houran, “from the period of January 27, 2017 to January 29, 2017, as well as any information identifying cellular devices that were paired to that smart speaker during that time period.”

Timothy Verrill was arrested and charged with the murders of Pellegrini and Sullivan. Verrill, an acquaintance of Sullivan’s boyfriend, pleaded not guilty to the double murder charges. According to surveillance video, he knew the home’s security code and had been there with both women prior to the night of the murder. Investigators believe that Alexa may have been activated by “wake words” or someone saying “Alexa” from its location in the kitchen, where they believe Sullivan’s murder was committed.

The involvement of tech in criminal cases is quickly becoming commonplace. In October, a Fitbit contributed to a murder suspect’s arrest, and Amazon had to produce data from another Echo device in a 2015 murder investigation in Bentonville, Arkansas. Although Amazon argued its First Amendment rights in that case, the defendant consented to the release of data. A MA criminal defense attorney can help you protect your rights if you’ve been charged with a crime.

Privacy vs. Information

Amazon also attempted to avoid this most recent request, saying it was in violation of customer privacy, but Judge Houran disagreed. The argument of privacy vs. information isn’t expected to disappear any time soon. In fact, in a world where nothing is considered to be of value unless it’s recorded and/or shared, the battle has likely only just begun.

Smart devices, such as Alexa, Siri and Google’s Home assistant, are in millions of homes across the country. In addition to playing music and answering questions—such as what’s the weather today and who was the first female supreme court justice—smart devices record what people say. And that recording doesn’t just disappear into the ether. It is sent to a server, where it is…well, we can’t answer that for certain. What is happening to these recordings, and who is listening to our most intimate conversations?

I guess the better question is, what is your privacy worth to you? Continue reading

November 2, 2018

Criminal Investigation Opened in Columbia Gas Home Explosion Tragedy

by Altman & Altman

In early September, a gas pressure issue in Columbia Gas lines caused 131 Massachusetts homes to explode or catch fire. The tragedy resulted in one death and 23 injuries. Homes and businesses were destroyed, thousands had to be evacuated, and—more than a month later—many victims remain homeless, or without heat. Columbia Gas and its parent company Nisource Inc. have understandably faced heavy criticism from the victims and the general public. But the situation stands to become even more complicated.

A federal grand jury served Nisource with subpoenas on September 24, just two weeks after the explosions. The National Transportation Safety Board (NTSB) is also conducting an investigation. A Boston injury lawyer can help you determine how to proceed if you’ve been injured due to the negligence of another.

Further information about the nature of the investigation is as yet unavailable, and a spokesman for the company declined to answer questions Thursday.

“We are cooperating with all investigations and inquiries into the Lawrence event, including the criminal matter. However, we can’t speak specifically to any of those inquiries,” said NiSource spokesman Ken Stammen.

But Why is it Criminal?

According to the NTSB, Columbia Gas workers, who were tasked with replacing old pipes in Lawrence, were given bad work orders by the company. The orders failed to acknowledge the existence of a pressure-sensing feedback line, which resulted in high-pressure gas being pumped into the system, and the subsequent explosions.

“We’re sharing information we think is of interest that investors need to know about,” said Ken Stammen, a Nisource spokesperson. “Beyond that, there are limitations around what we can say about investigations.”

Leonel Rondon, an 18-year-old Lawrence man was killed in the September 13 explosions and many more were injured.

“I think it’s appropriate and right to do,” said Dan Rivera, Lawrence Mayor, when asked about the criminal investigation. “A young man lost his life and the city was turned upside down.”

Nisource Linked to Three Previous Explosions

Considering Nisource’s history, such a deadly error is even more disturbing. The company is linked to three prior gas explosions.

In November 2012, a Columbia Gas of Massachusetts explosion destroyed the Scores strip club in Springfield, MA and injured 21. About a dozen nearby buildings were also damaged.
In December 2012, a gas pipeline operated by Columbia Gas Transmission exploded in Sissonville, West Virginia, destroying three homes and propelling a 20-foot section of pipe through the air.
In March 2015, an “improperly abandoned” Columbia Gas of Ohio service line exploded, causing $9 million in structural damage.

Many of Nation’s Oldest and Leakiest Pipes are in Boston

A recently-published USA TODAY report reveals that tens of thousands of miles of old pipelines need upgraded across the country. Many of these are in Boston and the surrounding suburbs, which have some of the nation’s oldest and leakiest pipes. This “silent danger” has caused a general sense of alarm among MA residents, but Nisource President Joseph Hamrock says that they are working hard to resolve the problem.

“This tragic event has been a humbling experience for all of us at Nisource and Columbia Gas,” said Hamrock. “We realized that much work lies ahead of us to finish our service restoration in Greater Lawrence, and regain the trust of our customers and the communities we serve.”

According to Nisource, approximately 8,500 gas meters had to be shut down for service following the explosions. About 700 of those belonged to area businesses. A MA injury attorney can help you recover damages if you’ve been injured due to another’s negligence.

Columbia Gas initially reported that the thousands of customers impacted would have gas by November 19, but they updated that date to December 16, last week.

Insurance Payments Will Cover Most of Nisource’s Expenses

Although the September tragedy has already cost Nisource about $462 million, most of those expenses will be “substantially recovered” through the utility company’s insurance policy, which has a limit of about $800 million. The $462 million accounts for approximately $415 million in personal injury and property damage expenses, and the remainder will be payments to utility companies that helped with the restoration project. In addition to the criminal investigation, Nisource will likely face civil suits from victims of the explosion. Continue reading

October 24, 2018

Assault and Battery Explained

by Altman & Altman

Assault and Battery are common crimes in Massachusetts, whether together or as stand-alone offenses. But most people don’t really understand the conduct behind each of these crimes. It is common for someone to refer to a certain act as an assault, when they really mean battery, and vice versa.

Assault and Battery Distinguished

Assault is an act that creates a fear of imminent, harmful, or offensive conduct. Battery is the crime that occurs when the harmful or offensive conduct is carried out. The key distinction between the two crimes is that for battery, there has to be a touching. If there is no touching, but the victim is in fear of a touching, that crime is an assault. For example, if a person attempts to punch another person, but misses, he/she may be charged with assault. If there is a touching (the punch lands), the charge will likely be battery.

October 1, 2018

Second OUI Offense in MA? What Now?

by Altman & Altman

In MA, a second offense for operating under the influence (OUI), also known as drunk driving, has serious consequences that can impact you and your family. As explained below, these penalties include substantial fines, loss of license, and even time behind bars.

If you have been charged with a second offense OUI, you may be feeling scared and alone. But you are not alone. OUI is the most common charge in Massachusetts courts, and we are here to help. The good news? As long as no one was injured as a result of the OUI, a second offense will be charged as a misdemeanor. If, however, your offense involved an injury accident, you may be facing felony charges. The information below may help you make the best decision for you and your family.

What Counts as a First OUI?

September 5, 2018

New Sealing and Expungement Laws in Massachusetts – Starting October 1st 2018

by Altman & Altman

New Sealing and Expungement in Massachusetts – Effective October 1st, 2018.

The sealing and expungement laws in Massachusetts have been revamped and will be taking effect on October 1, 2018. While the procedures, time lines and nuances have yet to be worked out, there is a lot that is clear and known.

Prior to October 1, 2018, in order to have a felony conviction sealed, one would have to wait 10 years from his guilty finding and/or from when he was released from prison or jail. The new law will change that waiting period from 10 years to 7 years.

August 30, 2018

Is There a Restraining Order Against You in MA?

by Altman & Altman

In an effort to protect individuals from abusive situations, MA courts have been given the authority to issue restraining orders when a reasonable likelihood of harm is suspected. In many ways, this is a very good thing. No woman, or man, should be subjected to abuse. However, such broad authority to grant restraining orders also results in excessive issuance; some even use the system as a means of revenge.

A restraining order, or protection order (officially known as a 209A), is issued through civil court, not criminal. As such, a “preponderance of evidence” is all that is needed to meet the burden of proof for obtaining the 209A. In criminal cases, the burden of proof must be “beyond any reasonable doubt,” which is a far higher standard than a preponderance of evidence. If the judge believes that the evidence presented points to a likelihood that the alleged abuser will harm the petitioner, he/she will typically initiate the process.

What is a 10-Day Hearing?

The next step in the process is usually the 10-day hearing, at which point the defendant will have an opportunity to tell his/her side of the story. During the 10-day window between the petition and the hearing, the defendant will receive notice of the upcoming hearing. A Boston criminal defense attorney can help you determine how to proceed if there is a restraining order against you.

Temporary Order of Protection

The accused has a right to defend himself/herself at the 10-day hearing, but in cases involving imminent risk of abuse, the 10-day window could put the alleged victim in danger. A temporary (or emergency) order may be issued if the judge believes the petitioner is at risk of immediate harm. Emergency orders are actually relatively easy to obtain, as long as the alleged victim can prove a relationship with the alleged abuser. A private hearing will be held at which the petitioner states his/her reasons for requesting the temporary order. Because the person accused of abuse is not present at this private hearing, he/she won’t know about the restraining order until it’s served on them.

Do Not Go to the 10-Day Hearing Alone

Whether or not a temporary order was issued against you, it is a mistake to appear in defense of yourself at the 10-day hearing. An experienced MA defense lawyer can present evidence to the judge, perform cross-examinations, and even request that the order be dropped altogether. Not showing up for your 10-day hearing is the worst possible mistake you can make. By doing this, you will forfeit your right to defend your case, and the order will remain in effect for at least one year. If, however, you appear in court with skilled legal counsel and can prove to the judge that you do not present a reasonable threat to the alleged victim, the order will likely be vacated.

What Restrictions Might a 209A Include?

The specific orders of protection within a 209A vary based on the particulars of each case. They may include:

an order to leave the residence immediately;
an order to stop all forms of abuse;
an order to stay a certain distance from the alleged victim at all times;
an order to stay away from the children.

In addition to the possible orders of protection above, all 209As carry a mandatory order to surrender firearms. Continue reading

August 24, 2018

Charged With Malicious Destruction of Property in MA? What to Expect.

by Altman & Altman

Facing a Malicious Damage Charge in MA?

Any type of property damage—from vandalism and graffiti to hitting another’s property with your car—can result in a criminal charge for malicious damage. As with most crimes, penalties for malicious damage are largely dependent on the circumstances of the case, the severity of the offense, and whether or not you have a prior criminal record.

What are the Penalties?

Penalties for malicious damage vary widely based on whether you acted deliberately or carelessly. Willful and malicious actions can carry a potential sentence of up to two-and-a-half years in jail and fines of up to three times the cost of the damage or $3,000, whichever is greater. If, on the other hand, you acted carelessly or wantonly, you may be facing a penalty of up to two-and-a-half years in jail and fines of up to three times the cost of the damage or $1,500, whichever is greater. Damage of less than $250 is punished much less severely, but can still land you in jail for up to two-and-a-half months.

Leaving the Scene

Let’s say you are driving one night when you hit and knock down a stop sign. Having just left a bar, you’re worried that you might be over the legal limit, so you leave the scene of the accident. Another driver gets your license plate number and reports the incident. You might end up facing two criminal charges—one for malicious damage and one for leaving the scene of property damage. A Boston criminal defense attorney can help you determine how to proceed if you’ve been charged with any type of crime.

Can Malicious Destruction to Property be a Felony?

If you damage or vandalize certain types of property in MA, you may face felony charges. These specific buildings or locations have special protections due to their sacred or sensitive natures. If you destroy or deface any of the property below, you may be charged with a felony:

Church
Synagogue
Mosque
Any house of worship
Cemetery or any type of burial ground
Memorial
School
Community center
Educational institution

In addition, if you cause more than $5,000 of damage to any of the above properties, you may face up to five years in prison. At less than $5,000, the potential penalties are up to two-and-a-half years in jail and fines of up to three times the cost of the damage or $2,000, whichever is greater. A MA criminal defense lawyer can help you protect your rights if you’ve been charged with malicious damage or another crime.

What About Graffiti?

Even as graffiti becomes more accepted and celebrated as a form of art, intentionally making graffiti on another’s property remains a criminal offense. Property can include walls, fences, signs, monuments, or buildings. It even includes rocks. Graffiti, also known as defacement of property, carries a potential penalty of up to three years in jail, and up to three times the cost of the damage or $1,500, whichever is greater. A defacement of property conviction may also lead to a one-year license suspension. Continue reading

August 23, 2018

Potential Consequences of Texting While Driving in Massachusetts

by Altman & Altman

Since 2010, it has been illegal to text while driving in MA. And although drivers in MA were still permitted to talk on their cell phones for the next six years, a complete ban on the use of hand-held devices while driving was passed in 2016. The ban not only applies to cell phones; drivers are prohibited from entering information into a GPS, or any other hand-held device.

Currently, the fines for violating this law are $100 for the first offense, $250 for the second offense, and $500 for the third offense.

“Although traffic accidents and deaths are dropping, the number of accidents that are caused involving cell phones are going up,” said Senate President Stan Rosenberg, D-Amherst. “A lot of people’s lives are being put in danger as a result of people who are using their cell phones, and it’s just time to sweep that source of problem off the table here.”

And make no mistake, police are enforcing these laws. A MA motor vehicle accident attorney can help you determine how to proceed if you’ve been injured due to another’s negligence.

Fines Aren’t the Only Potential Consequence of Texting While Driving

Getting stopped for texting while driving often leads to other violations of safe driving laws. In fact, this is a likely motivation for police to stop a driver that they suspect of texting. The distracted driver might also be intoxicated, driving recklessly, or in possession of drugs or an illegal firearm. Other potential consequences of texting while driving include:

An increase in insurance premiums. Many insurance carriers use points for texting while driving to raise premiums.
Criminal penalties. If texting while driving leads to serious injury or death, the driver may face criminal charges.
A guilty conscience. Just think about the guilt you would feel if someone was seriously injured or killed while you were texting something as insignificant as “see you soon.”

Texting while driving can be devastating for everyone involved. A Boston car accident lawyer can help you recover damages if you’ve been injured due to another’s negligence.

Distracted Driving Statistics

Hundreds of thousands of people are injured in distracted-driving accidents in the United States each year. The statistics below illustrate the severity of this growing problem.

According to the National Safety Council, 1.6 million annual crashes involve cell phone use.
Texting while driving leads to 390,000 injuries annually.
One out of every four motor vehicle accidents in the U.S. involves texting.
You are six times more likely to have an accident due to texting than driving drunk.
Responding to a text typically diverts your attention from the road for at least five seconds.
Texting is the most dangerous of all cellphone-related activities.
According to a AAA poll, 35% of teens admit to texting while driving, even though 94 percent acknowledge it’s dangerous.
In 21 percent of fatal teen driving accidents, a cell phone was involved.
Teens are four times more likely than their adult counterparts to get into texting-related accidents.

August 14, 2018

How to Make an OUI Even Worse

by Altman & Altman

Getting charged with OUI is bad enough…don’t make it worse by making any of the serious mistakes below. From excessively high blood alcohol content (BAC) to driving drunk with children in the car, there are many aggravating factors that can turn your OUI from a bad mistake to extended time behind bars. You could even end up facing felony charges.

Underage OUI

Massachusetts, and most other states, have zero tolerance laws for underage OUI offenders. While 0.08 percent BAC is the legal limit for individuals 21 and over, anyone under 21 will fail a breath or blood test with a BAC of 0.02 percent or higher. Considering that even one drink can elevate a person’s BAC to 0.02 percent, those under 21 should avoid driving after any amount of alcohol. Further, if an underage person refuses to submit to a breath test, he/she will face a three-year driver’s license suspension.

Second and Subsequent OUIs

As far as the courts see it, you should have learned your lesson the first time. If you’ve already been convicted of OUI and you are charged with a second or subsequent offense, you’ll be facing higher fines, a longer license suspension, the installation of an ignition interlock device (IID), and probably even jail time, at a minimum. If this is your third or greater offense, you may be looking at a felony conviction, and you’ll almost certainly spend time behind bars. A Boston OUI defense attorney can help you protect your rights if you’ve been charged with a second or subsequent OUI.

Child Endangerment

Driving while intoxicated endangers everyone with whom you share the road, especially those in your vehicle. And if children are present, you will face some of the stiffest penalties possible. According to the National Highway Traffic Safety Administration (NHTSA), alcohol is a factor in nearly one in five traffic deaths involving a child age 14 or younger. In addition to hefty fines, license suspension or revocation, and jail time, your child custody rights may be in jeopardy if you are convicted of OUI with a child in the vehicle.

OUI Manslaughter

If you seriously injure or kill another person while operating a motor vehicle under the influence of drugs or alcohol, the potential penalties are severe. In such a situation, it is imperative to get immediate legal help. In 2005, Massachusetts passed Melanie’s Law to increase penalties and license suspension periods for individuals convicted of drunk driving. The law states that anyone who commits manslaughter while driving drunk or under the influence of drugs will be subject to a mandatory minimum sentence of five years in prison. The maximum sentence is 20 years imprisonment and a $25,000 fine.

According to the Foundation for Advancing Alcohol Responsibility, in Massachusetts, 8,541 people were arrested for driving under the influence in 2012. That’s 700 arrests per month! Do yourself, and everyone with whom you share the road, a favor—don’t drink and drive. But if you made a mistake, it’s in your best interest to consult with a MA OUI defense attorney immediately. Continue reading

July 17, 2018

Florida Teens Who Videotaped a Disabled Man Drowning Will Not be Criminally Charged

by Altman & Altman

No criminal prosecution will occur in a Florida case involving four teens, and an adult male who drowned as the teens watched, laughed, and filmed his struggles. On July 9 2017, Jamel Dunn screamed for help as he struggled to keep his head above water in a small pond in Cocoa, Florida. Not only did the young onlookers not help, they filmed the tragic situation and mocked Dunn as he took his final breaths.

In the video, which the teens later posted on YouTube, they can be heard mocking and taunting Dunn. “Ain’t nobody gonna help you, you dumb (expletive),” says one, and another laughs, saying, “We just (let) buddy die. We could have helped his (expletive), and we didn’t even try to help him.”

Not a Crime in Florida

According to the Cocoa Police Department, the state of Florida does not have a law requiring individuals to provide help in an emergency. Although such legislation was proposed earlier this year, it didn’t receive necessary support. A Boston criminal defense attorney can help you determine how to proceed if you’ve been charged with a crime.

The boys, ages 14 to 16, admitted to being at the scene of the accident to smoke marijuana. Although they have expressed remorse for their actions—or lack thereof—many are up in arms over the announcement that no charges will be filed. And understandably so.

“I know that everyone was sickened by the callous disregard for human life exhibited by these young people,” said Seminole-Brevard State Attorney Phil Archer. “We can only hope that this was an isolated and rare circumstance that will never happen again. Unfortunately, Florida law does not address this behavior and we are ethically restrained from pursuing criminal charges without a reasonable belief of proving a crime beyond and to the exclusion of every reasonable doubt.”

Good Samaritan Law

Unfortunately, what Archer says is true. Florida lacks a statute requiring bystanders to provide assistance to a victim. There’s not even a risk of civil liability. There is a law protecting so-called “Good Samaritans” from liability if they accidentally harm someone while providing emergency treatment (which is intended to encourage people to help when they can), but there is no punishment for failing to act.

There is, however, a Florida law that requires individuals to report a known death to the medical examiner. According to reports, the State Attorney’s Office considered charges for violation of this law, but “could not find any similar incident in which this law was used for this purpose and we do not believe it would be appropriately applied under the facts of this case.”

Following the drowning, Florida Senator Debbie Mayfield proposed a bill that would make the failure to help someone in grave danger a crime. The bill didn’t pass.

Is it a Crime in MA?

In Massachusetts, failing to be a Good Samaritan can, indeed, carry criminal consequences. Here, it is every person’s duty to provide reasonable care to prevent harm to another. Basically, if you see someone need, and you are able to help, you are required to do so. Of course, there are certain defenses to such charges, the most likely being that you would have likely died in the attempt to save the person. In the drowning death of Jamel Dunn, however, that was far from the case. A MA defense attorney can help you protect your rights if you’ve been charged with a criminal offense. Continue reading