Criminal Law

August 11, 2009

Boston-Area Teen Arrested For Drug Distribution

This seemed like a fitting blog to post after the three-part series on drug possession. A young gentleman from Braintree is alleged to have kept a virtual treasure-trove of marijuana and evidence of intent to distribute in his car. Detectives found the car. Now, one would imagine, he has found a criminal defense attorney.

The arrest of Braintree’s 19 year-old Paul M. (hereinafter, the “Defendant”) actually took place on Wednesday. It was the result of a two-month investigation into what law enforcement believed to be drug trafficking.

Braintree Deputy Police Chief Russell Jenkins said detectives found an undisclosed amount of marijuana inside the vehicle, as well as scales, plastic bags, drug paraphernalia, other evidence of drug sales and $1,750 in cash. The Defendant was charged with possession of marijuana with intent to distribute and was arraigned in Quincy District Court.
Continue reading

August 10, 2009

Attorney Sam’s Take: Arrested In Boston For Drug Possession – Part Three (The Defense)

by Altman & Altman

We have discussed the realities of being arrested for possession of controlled substances in Boston. We have investigated the importance of the location of that arrest. I have painted, I suppose, a fairly bleak picture. However, I have also told you that an experienced criminal defense attorney can make a difference as to the disposition of the resulting criminal matter.

There are certain defenses which are available in drug possession cases. Some of them may seem obvious, but given the state of the law, they need to be pursued in a particular way.

For example, it is probably already apparent that if there are no drugs in your possession when the police come, that it makes it harder to prosecute you. This is probably why I see many cases in which, upon seeing the police approach, the soon-to-be-defendant simply drops the bag of drugs down and runs away in hopes that, since the drugs are no longer in his hand, he cannot be prosecuted. Actually, that little gesture has not helped him at all. In fact, it has hurt him.
Continue reading

August 4, 2009

Attorney Sam’s Take: Arrested For Drug Possession In Boston – What Do You Do? Part One

by Altman & Altman

So, you were out last Saturday night in Boston, enjoying the ten minutes or so that it was not raining. You figure you will celebrate with the herb of your choice. After all, this is 2009 and you can just light up some marijuana you have in your pocket and toke away, you figure. So…why do you find you need a defense attorney come Monday?

The current drug laws, including those involving marijuana, can be somewhat confusing…on or off of campus

For example, passage of the so-called decriminalization of marijuana has created a certain amount of misunderstanding. While it is not actually criminal to be in possession of an ounce or under of pot, it is not exactly celebrated either. The marijuana can be taken from you under the statute and you may have to pay a civil fine.

On the other hand, the circumstances of the arrest can still bring you back into the spotlight of criminal prosecution. For example, if there are reasons to believe you may be sharing or selling the drug, you can still be prosecuted for either trafficking or possession with intent to sell. Further, if you are under age, there are other provisions in the statute that effect you.
Continue reading

July 28, 2009

Criminal Defense- When A Client Is Charged With Disorderly Conduct

by Altman & Altman

As we close the lid on this three-part Attorney Sam’s Take posting on Disorderly Conduct, we look at where I come in. Along with other criminal defense attorneys, I stand ready to represent a client facing such charges. When is the best time to contact me? Immediately. In fact, particularly if the police approach is merely signalling an upcoming or ongoing investigation, before you even engage in a discussion with the officer. Unfortunately, in most cases, I am summoned after the confrontation has taken place, sometimes leaving the addition of a Disorderly Conduct charge to whatever issues existed before the confrontation.

First of all, understand that, while it is the police officer who locks one up, or seeks a complaint against you, it is the prosecuting attorney, the assistant district attorney, who carries your prosecution from there. Prosecutors vary in terms of experience, of course, but most are well-trained and have the resources of the Commonwealth behind them for advice, investigation and tactics. Back in that “perfect world” I mentioned yesterday, the prosecutor always follows his or her oath…to “do justice”.

As I also mentioned, this is not that perfect world.

Like the police officer, the prosecutor did not wake up in the morning and engage in a search to find innocent people to keep in jail. Most prosecutors earnestly do their job. However, they have their own biases and these biases usually include a belief that the arresting officer’s word is gold and, if you were arrested, you are guilty. Tempered with those beliefs, of course, is the fear that I have mentioned many times that, if simply released with no attention, you may go out and kill somebody”, thereby landing them and their boss, who sits in a political position, in the papers the next day and, potentially without a job.
Continue reading

July 27, 2009

Attorney Sam’s Take: Arrested In Boston For Disorderly Conduct (Part Two)

by Altman & Altman

As a Boston-area criminal defense attorney who has worked on both sides of the aisle, I have been doing a lot of talking lately about Disorderly Conduct arrests in the Commonwealth. I have been interviewed by media outlets out of state, such as the L.A. Times as well as national outlets such as Time Magazine. In the meantime, the arrest of Professor Gates has been assigned by most to the pile of questionable racial incidents.

To me, however, to write it off as simply a “racial incident” misses the point which is faced by people every day in the criminal justice system. The primary difference between Professor Gates and most other cases is that he is a man of stature who can command national attention. Most people do not. As a result, when they become offensive to a police officer, there is no media pressure causing prosecutors to drop charges or a thick blue line of officers holding press conferences to demand apologizes from local and national public figures.

This is why this blog regularly warns you to avoid confrontations with the police and, if you are being approached, do not to try to engage in a battle of “one upmanship” with the officer, be it physical, strategic or verbal. The bottom line is that you will lose such a match, at least for the day. The officer carries the cuffs…you only get to wear them. The officer has the badge and the gun. Those items will outweigh your brilliant arguments and speedy escape attempts every time.

“But Sam”, you ask me, “What are we supposed to do? Just stand there and take it?”
Continue reading

July 22, 2009

A Boston-Area Professor Arrested For Disorderly Conduct – Why?

by Altman & Altman

Damage control for the Cambridge Police Department in the arrest of renowned Harvard University professor Henry Louis Gates Jr. has begun. The charges against him were dropped yesterday as lawyers for the Department announced that nobody involved in the incident had acted “at their best”.

For those of you who were living in a sound-proof room the past couple of days, police had arrested the African American Professor as he was “breaking in” to his own home because his door would not open. When police came to investigate and demanded identification and explanations, Professor Gates accused them of bothering him because he was black, suggesting that they were being racist. He ended up arrested for on charges of the Disorderly Conduct variety, handcuffed, and brought in. The public reaction began and the Commonwealth dropped the charges against him yesterday, although announcing that somehow the investigating officers actually had “probable cause” to arrest the man who was able to show he was merely entering his own home, provided positive identification yet had the temerity to opine that he was being hassled because of his skin color.

In an interview Tuesday, Professor Gates said the situation “shows our vulnerability to the caprices of individual police officers who for whatever reason are free to arrest you on outrageous charges like disorderly conduct.” Mr. Gates called a police report alleging he yelled at an officer and was uncooperative “a work of sheer fantasy.”
Continue reading

July 20, 2009

Arrests For Drunk Driving On The Water Dwindle – Why Would That Be?

by Altman & Altman

Ahhh…summer! Time for hitting the beaches, cookouts and, as I have said before, Jimmy Buffett tunes. Today, I am reminded of another of Buffett’s songs, namely “Boat Drinks”. Maybe it is because I am dropping off my son at a boat this morning, but more likely it is because I am reminded about a crime that few people are arrested for although we know it happens a great deal. It is one area in Boston-area criminal defense one does not find many specialists.

The crime is boating while intoxicated.

For many, alcohol is as much a part of boating culture as sunscreen and fun. But in Massachusetts, where more than 140,000 recreational boaters cruise the waterways, intoxicated skippers are rarely arrested. For example, last year, boating under the influence charges were brought against just six people.

This is apparently not the same nationwide. For example, last year, Indiana had 121 such arrests. Missouri boasts 17 such arrests at on-the-water sobriety checkpoints in just one weekend.
Continue reading

July 15, 2009

Boston Nightclub Owner Is Arrested For “Intimidating” The Police In Shooting Case

by Altman & Altman

Hey, remember the old days when a person actually did not have to talk to the police if he did not want to? Those were the days when we had the right to remain silent and…wait a minute. That’s today. So, now I am confused. Why is someone in the Boston area in need of a criminal defense attorney because of his dealings with the police?

I mean, if you can refuse to talk to the police officers, you can lie alittle to protect yourself, can’t you? After all, the law is clear that the police are allowed to lie to non-police types. Fair is fair, right?

Uhh….no. Actually, that would be a felony.

It is a lesson that a co-owner of a Boston nightclub, Shawn D. 29, of Billerica (hereinafter, the “Defendant”) is learning. He has been indicted for allegedly destroying evidence and lying to Boston police as they investigated a shooting outside his nightclub on New Year’s Day.
Continue reading

July 14, 2009

Arrested For Homicide Or Drunk Driving? You Should Have Checked The Weather

by Altman & Altman

To me, summer is best symbolized by the recording artist, Jimmy Buffett. In fact, one of my favorite songs of his is “Weather Is Here, Wish You Were Beautiful”. Summer is a season that is short-lived here in the Boston area. If one counted how many really nice days we usually get,…well, it is kind of depressing. We all know that the weather can effect moods. However, did you know that it can also control the need for criminal defense attorneys?

Southwick Police Officer Tom Krutka says he sees an increase during this time of year of a particular crime. He says that outdoor barbecues and holiday parties often involve alcohol. After the parties, folks hit the road…which often means operating under the influence of alcohol. He even sees a difference depending on the weather. Nicer weather…more drunk drivers.

Officer Krutka warns that “buzzed driving” is enough to get someone in trouble. Even one or two drinks, depending on the person, can get you arrested. “That’s just the beginning”, he continues. “If it turns out to be an accident, you effect the person you hit, the family the community, your family your life, financial burden it goes a long way.”

Well, he is right, of course. Drunk driving, and any resulting arrests, can ruin the lives of a lot of people.
Continue reading

July 2, 2009

A Boston Criminal Defense Lawyer Discusses The Crime Of Larceny

by Altman & Altman

In days of old, if there was a financial dispute, one might expect to be sued by whoever claimed you took, or owed, money. Well, that can still happen. However, one should also be wary of being criminally charged with the crime of larceny… in one way or another.

“Larceny” is basically another word for “theft” under the Massachusetts General Laws. According to Chapter 266of such laws, anyone ” Who steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another… whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny”.

Sounds pretty simple, doesn’t it?

Well, not so much.

Actually, there are varying degrees of larceny. While larceny seems to simply be what we call in the outside world, “stealing”, how it was done and how much was stolen come under different sub-headings in the law and are treated differently.
Continue reading