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In Massachusetts a  209A order is a type of protective order, also known as a restraining order, intended to protect a person from abuse by a family or household member, or from someone with whom they’ve had an intimate relationship. It differs slightly from a restraining order in that it provides protection from “domestic” abusers, whereas a restraining order serves to protect an individual from any random person, such as a neighbor.

Also known as an Abuse Prevention Order, 209A protective orders do more than just “restrain” an abuser. It is considered a civil case when one person files a 209A protective order against another person. It is not a criminal charge, therefore, no arrests will be made and no fines will be imposed. Instead, the individual accused of abuse will be ordered by the court to avoid doing certain things, such as calling, emailing, or coming to the accuser’s home or place of employment. If, however, the person ignores these orders and continues the abuse, he or she may be in violation of the protective order. This is a crime and may result in arrest and the filing of criminal charges. A violation can result in up to two-and-a-half years in jail and a fine of up to $5,000. If a 209A protective order has been filed against you, contact a Boston defense attorney today.

Ex Parte

Both parties need not be present to obtain a 209A protective order. The order can be issued ex parte, which means only the accuser must appear before the judge. If the judge feels confident that a domestic relationship existed between the two parties, and that the accuser fears imminent harm, the judge will issue a temporary order. This order is good for up to ten days, at which point a full hearing will be conducted. If a 209A protective order is issued at the hearing, it can be in effect for up to one year. At the full hearing, the person being accused of abuse can, and should, be present; this hearing is the accused’s only opportunity to oppose the order.

Consequences of a 209A Protective Order

If a 209A protective order has been filed against you, it’s important to be aware of the many consequences involved. In addition to fines and possible jail time for violating any part of the order, the order will appear on your criminal record. This is true even when no violations occur. If you have a gun license, you will be ordered to turn any firearms into law enforcement. A 209A protective order can also have a severely negative impact on divorce and child custody proceedings. It is crucial that you consult with an experienced criminal defense lawyer the moment you learn a 209A protective order has been filed against you. Abuse and restraining orders are not to be taken lightly. If the order was issued based on a lie, a skilled attorney may help you get it expunged from your record. Contact a MA defense attorney today. Continue reading

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Criminal conspiracy is a plan made by two or more people to commit a criminal act, so long as the people involved agreed to commit the act and took action toward its completion. The act itself need not be a crime if those involved intended to break the law. Consider the following scenario: Don and Brenda plan to burglarize a home. They take steps to complete the act – planning the burglary, purchasing face masks and a crowbar, and driving to the house they plan to burglarize. Upon arrival, the would-be burglars are chased away by the unexpectedly at-home residents. Although they didn’t commit burglary, Don and Brenda can still be charged with conspiracy to commit burglary.

Does the Conspiracy Need to be in Writing, or Otherwise Expressly Conveyed?

No. Written proof of Don and Brenda’s plan to commit burglary isn’t necessary, nor is a verbal agreement such as, “I agree to burglarize 501 Sampson Street with you.” If the action of “two or more guilty minds” can be shown, an implicit agreement is usually sufficient evidence to convict. What is an implicit agreement? If there is evidence of an agreement, such as a planning meeting, a witness who claims to have seen Don and Brenda staking out the house in question, or testimony from a Wal-Mart clerk that Don and Brenda purchased two sets of black gloves and a crowbar one day prior to the attempted burglary, the prosecution can argue the existence of an implicit agreement.

Intention Means Everything

In addition to agreeing to commit the unlawful act, all parties must intend to carry out the act. For instance, simply being present when a group of friends agrees to commit a crime doesn’t necessarily make you part of the conspiracy. If, for example, peer pressure makes you say you’ll help friends rob bank, but then you don’t participate in the actual robbery, you probably won’t be charged as a conspirator.  If you’ve been charged with conspiracy to commit a crime, contact a Boston defense lawyer today. Continue reading

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Background checks are widely used by employers during the pre-employment screening process in Massachusetts and across the country. Depending on the type of background check used, it can show everything from the level of education you’ve attained to whether or not you make your car payment on time each month. Information about credit history, however, is actually declining as a component of background checks, due to controversy. Lots of folks think it’s unfair to base an individual’s employability on his ability, or lack thereof, to make his mortgage payment back in 2011. Criminal background checks, on the other hand, are becoming more prevalent, and thorough, every year. Read on for more information about pre-employment background checks and how they may affect you. If you still have questions, contact a MA defense lawyer today.

Driving History

These reports are especially important to employers when hiring for a position that requires the applicant to drive a company vehicle. A driver history report uncovers whether or not the applicant can legally drive, if he or she has a history of traffic-related drug or alcohol offenses, and if the applicant can be insured to operate a company vehicle. A report from the Department of Motor Vehicles (DMV) shows vehicle-related convictions (such as OUI), actions taken by the DMV (such as license suspension due to excessive points), and past and current addresses used by the applicant.

Criminal Background Checks

This type of background check is commonly used by employers, a fact which shouldn’t be a surprise. For starters, adult convictions are almost always public record, meaning the information can be obtained by anyone with the desire to do the research. If you’ve been convicted of a felony or misdemeanor offense, you’d better believe it’s going to show up in a pre-employment background check. If you’ve been charged with any type of crime, contact a Boston defense lawyer today.

Infractions

What’s an infraction? Technically speaking, an infraction is not a crime. A good example of an infraction is a traffic ticket. The good news – you don’t really need to worry about infractions, and you generally aren’t required to report them to an employer. For example, you wouldn’t list last year’s speeding ticket on an employment application (unless of course you were drunk and in possession of a gun at the time).

What About Probation and Outstanding Warrants?

Probation is a period of court supervision. As an alternative to a jail sentence, probation is treated similarly for reporting purposes. If you are on active probation, it will almost certainly show up on a background check. Likewise with outstanding warrants. If a report shows that you have an outstanding bench or arrest warrant, most employers will immediately disqualify you from the application process. Being a “fugitive” of the justice system doesn’t usually bode well with potential employers. Of course, if the outstanding warrant appears to be a mistake, there may be some room for discussion. But that’s generally the exception, not the rule. Continue reading

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In Massachusetts, getting charged with a firearms or weapons offense is serious business. MA is exceedingly tough when it comes to gun laws. This is for obvious reasons; misuse of guns can quickly and easily lead to serious injuries and death. If you have been charged with any type of firearms or weapons offense, it is in your best interest to contact a MA criminal defense attorney immediately. Don’t take these charges lightly; this is not the time to hire a cut-rate lawyer or attempt to represent yourself.

Gun Controversy

Gun laws have been surrounded by controversy for years, and the issue isn’t likely to go away anytime soon. The 2nd Amendment does, indeed, guarantee the right to bear arms, but individual states can regulate use. Massachusetts criminalizes many weapons-related actions, from carrying weapons deemed excessively dangerous to using a silencer. Read on for more information about weapons laws and how they can impact you.

What is a “Dangerous” Weapon?

You can be charged with carrying a dangerous weapon for multiple reasons. Depending on the unique circumstances of your case, you can end up behind bars for more than two-and-a-half years if you’re convicted of this offense. You may be facing these charges for:

  • Possession of a machine gun
  • Possession of a sawed-off shotgun
  • Possession of brass knuckles, throwing stars, or nunchucks
  • Having any type of firearm in your vehicle without the proper permit

Silencers

Silencers muffle the sound of a gunshot. In MA, it is illegal to sell, use, or possess a silencer. If you are found in violation of this law, you may be facing felony charges.

Carrying a Loaded Gun While Intoxicated

It is a felony to carry a loaded firearm while under the influence of alcohol, marijuana, or narcotics. If you are facing charges for this type of offense, contact a Boston gun crimes lawyer today.

Carrying a Shotgun or Rifle on Public Grounds

If you are caught carrying one of these types of firearms on public grounds, such as a sidewalk or street, you can face up to two years in prison, if it’s loaded. If the weapon happens to be a loaded “large capacity weapon”, which refers to a semiautomatic weapon with a capacity for multiple rounds, you may be looking at a sentence of up to 10 years. If it’s unloaded, you may be let off with a fine.

Committing a Felony While in Possession of a Firearm

Committing a felony is bad. Committing a felony while you have a gun in your pocket is even worse. For a first offense, you will likely receive a mandatory minimum sentence of five years in prison. Second and subsequent offenses carry a minimum of 20 years in prison. And this is in addition to penalties associated with the underlying felony. Bottom line – don’t commit a felony, and definitely don’t commit a felony while carrying a gun. Continue reading

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Oh the weather outside is frightful…and so is the nationwide uptick in crime during the holiday season. But it shouldn’t be a surprise. Most holiday crimes are related to theft or excessive alcohol. Theft is often a result of a lack of funds for Christmas presents or the knowledge that cars and houses are loaded with aforementioned presents. And alcohol-related crimes are often a result of too much holiday partying. Either way, it’s good to know how to safeguard yourself this December. And if you happen to be the one facing criminal charges this holiday season, contact a skilled defense lawyer if you want to avoid jail time and hefty fines.

  • Shoplifting: The most obvious reason for an increase in shoplifting during the holiday season is lack of funds. We are under more pressure than ever to surround the Christmas tree with boxes and boxes of holiday cheer. Unfortunately, not everyone can afford such a display. For this reason, among others, some people turn to shoplifting around the holidays. Theft is never “right”, but we understand that even good people make mistakes, especially when financial stress is particularly overwhelming. If you are facing shoplifting charges, contact a Boston defense lawyer today.
  • Vehicle break-ins: For much the same reason as shoplifting increases during the holidays, so do vehicle break-ins. Car burglars expect to find gifts in cars. This is especially true of cars parked near shopping centers. Parking lot thieves will often watch for people who drop a load of purchases in their car and walk back to the store to finish shopping.
  • Porch theft: Since Amazon and other online shopping sites first allowed us to spend more time at home in our pajamas, porch theft has skyrocketed. Many of our online orders are delivered by UPS, FedEx, or the US Postal Service while we’re at work during the day. A stack of boxes by the front door and no car in the driveway makes you an easy target this holiday season. To prevent porch pirates from ruining your Christmas, have packages delivered to work or to the residence of a friend who is home during the day.
  • Drunk driving: The holiday season often feels like one never-ending party. Many families have two or more office parties, family parties, parties at friend’s houses, fundraisers, and other festive gatherings to attend during Christmas and New Years. Although good friends and good eggnog can make for a lovely evening, don’t get behind the wheel if you’ve had a few drinks. To protect yourself and everyone else on the road, don’t drink and drive, and have a designated driver if you opt for too much cheer this holiday season. Beyond being dangerous, driving while intoxicated can impact your current or future employment, and even a first offense can cost you thousands of dollars. Not to mention, nobody wants to get an OUI for Christmas.

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Let’s start with how burglary, robbery, and theft are the same. They are all commonly associated with the unlawful taking of another’s property. Theft and robbery do, in fact, always involve this scenario, or an attempt at this scenario. However, burglary doesn’t necessarily involve theft, or even attempted theft. Burglary basically refers to the unlawful breaking and entering of another person’s property with the intent to commit a crime. If you’re facing any of the above charges, contact a Boston defense lawyer today.

  • Theft: Also known as larceny, and petty or grand theft, this is one of the most commonly committed criminal offenses in the United States. Theft is loosely defined as the taking of another’s property without consent. To constitute theft, the individual must have also intended to permanently deprive the owner of this possession. Therefore, a neighbor who “borrows” your lawnmower to mow his lawn while you’re at work, without your consent, is not likely to be charged with theft. You might be angry about this unapproved loan, but it’s not an act of theft.
  • Robbery: The simplest way to explain robbery is to describe it as “theft by force.” Robbery also involves the unlawful taking of another’s property without their consent, and with the intent to permanently deprive them of their possession. However, to be robbery, the property must be taken by force. Consider the following two scenarios, for example: If someone steals your purse from your car while you’re in the store, it’s an act of theft, not robbery. But if someone points a gun at you and demands you hand over your purse, it’s an act of robbery. Even if there is no physical contact and no weapon in sight, an act of theft can still be robbery if the there is a threat of physical violence. Therefore, although robbery is considered a violent crime, no injuries have to be suffered for a robbery conviction to occur.
  • Burglary: The least understood of the three, burglary involves entering a dwelling or structure with the intent to commit a crime in that dwelling or structure. You don’t even have to commit a crime to be convicted; the prosecution just has to show that you intended to commit a crime. Breaking into a structure with the intent to commit a crime is burglary. The structure doesn’t have to be a home, either; it can be a tent, or even a cave. You don’t need to break in using force to commit a burglary; crawling through an already open window can be burglary if all other factors are present. Furthermore, you don’t need to fully enter a structure to be convicted of burglary. If, for example, you reach your arm through an open window and steal a purse, you may be convicted of burglary.

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A wrongful act that is punishable by law is called a crime. Although types and frequency of crime vary widely from place to place, nationwide statistics provide a clearer picture of which criminal offenses are most common in the United States. According to the most recent FBI report, the six most common crimes, in order, are property crimes, drug violations, alcohol-related crimes, violent crimes, and disorderly conduct. Read on for more information about these crimes and what types of behavior they encompass. If you are facing criminal charges, contact a Boston defense lawyer today.

Property crimes:

These types of crimes are typically centered around a property, not a person. For example, theft is a property crime because it involves taking another person’s property without the person’s consent, but robbery – which is another form of theft – is a violent crime because it involves physical harm or threats. Property crimes include:

  • Burglary: Unlawful breaking and entering
  • Larceny-theft: Unlawful taking of property from another’s possession, such as pickpocketing
  • Motor vehicle theft: Taking or attempting to take a motor vehicle from its owner
  • Arson: Willfully burning a property – including your own – with malicious intent

Drug abuse and related offenses: These offenses include unlawful use or possession of illegal drugs, or the manufacture and sale of narcotic drugs. The most common drugs involved in drug abuse violations are cocaine, opium, marijuana (although this becomes legal in MA on December 15, 2016), and synthetic narcotics. Nonnarcotic drugs, such as barbiturates, can also result in drug violations under certain circumstances. If you are facing drug charges, contact a Boston drug defense lawyer today.

Crimes involving alcohol:  These include operating under the influence (OUI), illegal behavior as a consequence of drunkenness (bar fights, public urination), and the violation of state or local liquor laws.

Violent crimes: If the crime involves causing physical harm to another, making a threat of physical harm to another, or attempting to cause physical harm to another, it is considered a violent crime. Violent crimes include murder, manslaughter, robbery, forcible rape, and some types of child abuse and elder abuse.

Disorderly conduct: When your actions result in a public disturbance but present no serious danger to the public, you may be arrested for disorderly conduct. Also known as “disturbing the peace”, disorderly conduct includes screaming obscenities in a public place, shouting late at night, and fighting that doesn’t result in serious injuries. Alcohol is often a factor in disorderly conduct cases.

Fraud: When a person or entity misrepresents certain information so that another person responds to that information in a specific way, it is known as fraud. Typically, the misrepresentation results in the victim’s financial loss. Examples of fraud include identity theft and various kinds of scams. If you’ve been charged with committing fraud, contact a MA defense lawyer today. Continue reading

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If you had a few drinks, you shouldn’t have gotten behind the wheel…but you did. Now you see blue lights flashing in your rearview mirror. What do you do? The good news is, you were stopped before anyone was seriously injured. The bad news is, you may be charged with operating under the influence (OUI). There are certain steps you can take during the stop and investigation to increase your chance of a more favorable outcome. Read on for information on what to do in this situation.

First things first, in the future, do not get behind the wheel if there’s any chance you might be impaired. In MA, a blood alcohol level (BAC) of .08 or above is over the legal limit for driving. For many people, two drinks can put them over the legal limit. If you have been charged with OUI, contact a Boston defense lawyer today.

Know that, if you get stopped, it is the law enforcement officer’s duty to investigate the scene. If he or she believes you may be intoxicated, a criminal investigation may ensue. As such, law enforcement will be gathering evidence from the start. Anything you say or do, along with physical evidence, such as a half-empty beer bottle, bloodshot eyes, slurred speech, or the smell of alcohol on your breath, can be used against you. Therefore, it is crucial that you do not provide more evidence than is absolutely necessary. While bloodshot eyes and an odor of alcohol are difficult to hide, you can refuse to answer certain questions.

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If you have been charged with drug possession, the fines and punishment you are facing will depend on multiple factors. The main considerations will be the class of the drug in question, the amount of the drug in your possession, and what you intended to do with it. If you are only charged with possession, for example, the penalties and fines will likely be much less than if you are charged with possession with intent to distribute. If you are facing drug charges, contact a Boston drug possession defense lawyer today.

Drug Classes

In Massachusetts, drugs are categorized by type and class. The current classifications are:

  • Class A: Heroin and opiates such as Morphine, and certain “designer drugs”, including Ketamine (Special K).
  • Class B: Cocaine, MDMA and Ecstasy, LSD (acid), Amphetamines (speed), Crystal Meth, PCP, Methadone, and some prescription opiates such as Oxycontin and Percocet.
  • Class C: Prescription narcotics and tranquilizers such as Valium and Hydrocodone, some hallucinogenic substances, including mushrooms and peyote.
  • Class D: Phenobarbital, and small doses of certain prescription narcotics. Marijuana was previously also a Class D drug, but effective December 15, 2016, adults can possess and use marijuana in MA.
  • Class E: Very light doses of some prescription narcotics, such as codeine (Tylenol #3).

Cocaine

If you are facing cocaine possession charges, you may find yourself behind bars for up to one year and with a fine of up to $1000, if this is your first offense. In addition, you may lose your license for up to one year. If, however, you are charged with possession with intent to distribute, the penalty is a two-and-a-half year jail sentence and a fine of at least $1,000, up to $10,000. If this is your second or subsequent offense for possession with intent to distribute, you may face a mandatory three year prison sentence, up to $25,000 in fines, and a mandatory three-year loss of your license.

Heroin

A first time heroin possession conviction carries a penalty of not more than two years in jail and a fine of not more than $2,000. Possession with intent to distribute charges bring more severe penalties; up to 10 years in a state prison and a fine of up to $10,000 for a first offense. A second offense can land you in prison for up to 15 years, with a mandatory minimum sentence of five years.

Defenses

Multiple defenses exist in drug possession cases, including those that involve an intent to distribute. Drug cases are typically based on physical evidence found during a search of your home, car, or person. Police are just as prone to mistakes as other human beings. If any rules were broken during the search, the error may work in your favor. Were your constitutional rights violated? If proper guidelines weren’t followed, evidence may not be admissible. This often results in a reduction in charges, or the charges being dropped altogether. A skilled criminal defense attorney will review the evidence to ensure that protocol was followed to a “T”. If anything during the arrest or investigation seems amiss, an experienced attorney will use it to your advantage. Contact a Boston criminal defense lawyer today. Continue reading

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If you open the mailbox to find a criminal citation staring back at you, it’s important to act quickly. If the criminal box is checked, you have been charged with a criminal offense. Although you are not technically under arrest, this type of citation is still a criminal accusation. Criminal citations can be sent in the mail or hand delivered by a law enforcement officer.  Criminal citations can be issued for multiple misdemeanor offenses, including leaving the scene of an accident, reckless driving, operating under the influence (OUI), driving on a suspended license, and even assault.

What is the Next Step?

Step one is to read the back of the citation. You will have four business days to complete the form and mail back to the court specified on the citation. Mail it to the physical address on the front of the citation, NOT the PO Box. You can also deliver it in person.  If the court doesn’t receive your completed form within the four-day window, they may cut you a break. But not always. If you don’t send in the citation at all, you will be automatically charged with a crime. You will receive a notice to appear at an arraignment. If you don’t appear at the arraignment, a warrant for your arrest will be issued.

What Happens After I Return the Completed Citation?

Once the court has received your completed form,  you wait. Within a relatively short period of time, you will receive notification of a court date. This initial hearing is called a Clerk Magistrate’s Hearing. The prosecuting officer will present evidence to the magistrate. If the magistrate believes there is sufficient evidence to issue a complaint, the case will move forward. With the help of a skilled criminal defense attorney, you may avoid charges altogether. If a criminal complaint is not issued, the charge will effectively disappear. In short, you won’t have a criminal record…at least not for this particular incident. Contact a Boston defense lawyer today.

Do I Need a Lawyer at a Clerk Magistrate’s Hearing?

Although you don’t technically need to have a lawyer present at the clerk magistrate’s hearing, it is highly recommended to have legal representation. Without an attorney, your chance of success is limited. If the complaint gets issued, the case will move to an arraignment and pretrial. At that time, you will either move forward with a trial or attempt to negotiate a plea deal. All is not lost if you are unsuccessful at the clerk magistrate’s hearing. Even if the complaint is issued, multiple opportunities to get charges reduced or dismissed are still available. If you’ve been charged with a criminal offense in MA, contact a Boston defense lawyer today. Continue reading

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