Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

Discharging a Firearm Defense

A Mattapan man faces charges after law enforcement found him carrying a firearm, live ammunition, and drugs in Dorchester. 

The charges came after law enforcement officers heard multiple gunshots and saw a vehicle leaving a parking lot at a high speed. Officers approached the vehicle and ordered the driver out, but he refused. Consequently, law enforcement forcibly removed the driver from the vehicle and discovered a firearm. The officers also seized 20 rounds of live ammunition located in a gun box in the vehicle’s trunk as well as a medium-sized bag in the vehicle’s center console containing a drug-like substance.

The man was charged with carrying a loaded firearm without a license, unlawful possession of a firearm and ammunition, discharging a firearm within 500 feet of a building, and possession of class A drugs. 

Massachusetts General Laws Chapter 269 section 12E states that it is a criminal offense for a person to discharge a firearm within 500 feet of any building or dwelling without the consent of the occupant or owner. Because a conviction of this offense can result in a person facing fines of up to $100 and imprisonment for a maximum of three months, people must understand how they can defend against these charges.

Defenses That do Not Work

There are some common misconceptions about what defenses work in response to the charge of discharging a firearm. Some strategies that will not be sufficient in response to these charges include:

  • You were not firing live ammunition. A person can be charged with the offense whether they discharged blank rounds or live ammunition.

  • You fired at night or early in the morning. The purpose of the law is to protect the occupants of buildings. As a result, these laws apply during any time of the day or night.

  • You did not know you were discharging the firearm within 500 feet of a dwelling. You can still be convicted of this offense even if you did not know that you were discharging a firearm within 500 feet of a dwelling.

Successful Defenses to This Charge

Several defenses work in response to these charges, which include:

  • Lack of evidence. The prosecution must establish beyond a reasonable doubt that your firearm was discharged within 500 feet of a building or dwelling. It can be challenging for the prosecution to collect adequate evidence to support a charge.

  • Why You Discharged the Weapon. There are several recognized exemptions to discharging a firearm. Some of these exemptions include people who discharged a firearm in defense of life or property and law enforcement officers who discharged their firearm while in the line of duty.

  • Where You Discharged the Weapon. Despite the 500 feet law, there are some locations where a person can discharge a weapon. For example, a person can discharge a firearm in a license shooting gallery. A person can also discharge blank cartridges for athletic, ceremonial, theatrical, firing square, or firework displays.

Speak With a Massachusetts Criminal Defense Attorney

If you are charged with a criminal offense, you should not hesitate to speak with a knowledgeable attorney. Contact attorney Edward R. Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense
Dangerous Weapon
Firearms

How to Respond if You are Falsely Accused of a Sex Crime

In May, a Natick man was arrested in his home and charged with enticing a child under the age of 16. This arrest is the result of a video in which the man was confronted by a vigilante group that targets Massachusetts sex predators. The group, called Predator Poacher Massachusetts, proceeded to post a video on YouTube of the confrontation in which the group alleges that Brown tried to meet a 14-year-old child.

Not all sex crime accusations in Massachusetts are legitimate. False reports of sex crimes are not uncommon. A review of research by the National Sexual Violence Resource Center found that false reporting makes up anywhere between 2% to 10% of claims.

If you are falsely accused of a sex crime in Massachusetts, you might not be sure about how to proceed. The following reviews some important things to do if you are falsely accused of a sex crime.

Take the Allegation Seriously

It is critical to understand that you have been charged with a serious offense, and a conviction would result in substantial penalties. Unfortunately, many people who are falsely charged with sex crimes discover that this has an impact on their reputation in the community. This can substantially impact a person’s career and lifestyle. You cannot afford to be dismissive about these charges or take them lightly.

Avoid Making Statements to Anyone

If you have been falsely accused of a sex crime, it can be tempting to tell everyone that you meet that you are innocent. This is a bad idea. Instead, it is better to resist the urge to comment on your situation at all. You should abstain from engaging in discussions or making any statements about your involvement. Saying nothing is simply the best way to protect yourself, even if you are concerned that this might make others think you have something to hide.

Teach Yourself About Sex Crimes

Although your attorney will likely do a lot of the heavy lifting, you should still educate yourself on the legal process and what you might expect if your case goes to court. It is important that you be fully involved in your defense and that you make decisions based on knowledge rather than on gut instinct. 

That does not mean you should assume you know more than your attorney does; it simply means that you should take an active role and be able to provide information that could help your defense team obtain a favorable outcome.

Do Not Go it Alone

If you are facing a sex crime charge, you will almost certainly need the assistance of an experienced criminal defense attorney. The best lawyers can help explain your rights as well as create a strong defense strategy. The sooner you involve a lawyer with your case, the more likely that you are to see a positive outcome.

Speak with an Experienced Sex Crimes Lawyer

If you have been falsely accused of a sex crime in Massachusetts, you cannot rely on the criminal justice system to show you are not guilty. Instead, you should promptly retain the assistance of an experienced Massachusetts criminal defense attorney. Contact attorney Edward Molari today.

Tags: 
Criminal Defense

Common Mistakes People Make After an Arrest

Boston law enforcement in May arrested a man after he allegedly fired several rounds at officers. Fortunately, neither the man nor any law enforcement officers were injured in the event. The police received reports of a man threatening people with a firearm, and when they confronted the man, he fled toward Chester park. 

The suspect ended up firing his weapon to lock-back, which means he emptied of all the ammunition from a firearm. Even after law enforcement apprehended the man, he violently struggled to get free. The suspect now faces several charges including assault with intent to murder. 

Getting arrested is a scary process. Any mistakes that you make during this process can end up jeopardizing the future of your case. Many people, however, instinctively panic during an arrest. The following are some critical mistakes to avoid during an arrest because they will likely harm your case.

Admitting Incriminating Details

In accordance with the Constitution, a person has the right against self-incrimination. If a law enforcement officer inquires about how an offense occurred, you are not obligated to answer that question. Afforded by the Fifth Amendment, you have the right to keep quiet following an arrest. Law enforcement officers are known to utilize various strategies to extract information from those in custody, which includes lying to you so that you will admit to a criminal offense.

Trying to Resist Arrest

If law enforcement tells you that you are under arrest and you try to resist or elude them, you can quickly end up facing additional charges. You can also face charges if you push, shove, or in any way assault a law enforcement officer. Instead, if you are told that you are under arrest, the best strategy is to simply comply.

Acting as Your Own Lawyer

If you are arrested, it can be easy to think that communicating personally with the police is the best step that you can take. In actuality, this is a mistake. If you speak to law enforcement without an attorney present, the chances are high that you will end up doing or saying something that will damage your case. Remain silent until your attorney arrives, and then only have a conversation with your lawyer.

Over-Explaining

People who think that they were wrongly arrested will often attempt to explain a situation before law enforcement even begins questioning. You should avoid the urge to explain your situation to the police. Whatever you say during an arrest can later be used against you. Instead of over-explaining, you should avoid the urge to offer up any unnecessary information.

Speak with an Experienced Criminal Defense Attorney

Being arrested is a frightening process, and it is common for the anxiety and stress to end up clouding your judgment. If you need the assistance of an experienced criminal defense attorney, do not hesitate to contact attorney Edward R. Molari.

Tags: 
Criminal Defense

How to Respond (And How Not to) if You Have a Warrant Issued

 

Waltham police recently arrested two teenagers with the help of a SWAT team. Following a spotting by law enforcement officers days before the arrest, the teenagers ran off which led law enforcement to call for backup. After learning that one of the parties was not going to cooperate and given the severity of the charges, law enforcement called in a SWAT team to help. 

After the SWAT unit arrived, it went into the teenager’s apartment and talked to one of the young adults, who was in his bedroom with a knife. Rather than work with law enforcement, the teenager later climbed out of his bedroom window. Law enforcement instructed the teenager to drop his knife several times before he listened and was arrested. 

One of the teenagers was arrested on several charges including assault and battery on a law enforcement officer as well as motor vehicle larceny, receiving stolen property, resisting arrest, failing to stop for a police officer, and assault with intent to murder. The second teenager had a warrant out for resisting arrest and was also charged with carrying a dangerous weapon. 

Having a warrant for your arrest can be a confusing situation. Because many people are not certain about how this process works, they end up making mistakes that jeopardize the outcome of their case. Realize that whether or not you are innocent or committed the criminal offense to which the warrant relates, there are some actions that you should and some that you should not take in responding. 

How to Respond to Warrants

There are some critical safety suggestions to remember if you find out that a warrant has been issued for your arrest:

  • Always address the warrant. While you might hope that it will, the warrant will never go away. Trying to stop thinking about the warrant will not make it go away. Instead, a criminal defense lawyer can help you turn yourself into law enforcement on your terms. This way you can avoid having the police burst into your home like they did in the story above. 

  • Never to try to run from a warrant. In this situation, you will only end up facing additional charges in addition to the previous offenses. These charges often include failing to stop for law enforcement or resisting arrest. This means not just driving off, but also not flying or traveling in any way.

  • Even though a criminal defense lawyer will often recommend that you surrender yourself to law enforcement, it is almost always a better idea to discuss this strategy with an attorney first.

Speak with a Massachusetts Criminal Defense Attorney

If you discover that a warrant has been issued for your arrest, one of the best steps that you can take is promptly speak with a knowledgeable lawyer who can help you determine the best strategy to respond. 

Contact attorney Edward R Molari today to schedule a free case evaluation. 

 

Tags: 
Criminal Defense

Advice on Carrying a Loaded During Law Enforcement Interaction

 

During a gathering for a homicide victim in Massachusetts, law enforcement prevented a potential future tragedy by arresting two teenagers with a loaded weapon. The arrest came after law enforcement officers acting on a tip stopped one vehicle and recovered an AK-47 loaded with a 30 round magazine. Both the driver and passenger of the vehicle now face firearm charges. 

If you are stopped by law enforcement while carrying a loaded weapon, there is more reason than normal to be nervous about how the encounter and the charges that might result. While the encounters can occur in many ways, most often result from law enforcement stopping vehicles. One factor that makes these interactions complex is that Massachusetts is a concealed carry state, but if stopped, you still must disclose to law enforcement that you are carrying a weapon.

To minimize the negative consequences of these stops, it helps to remember some critical safety precautions and strategies, some of which will be reviewed in this article. 

Remain Calm

Law enforcement stops are often surprising. One moment, you are driving around and the next, you are being questioned by a law enforcement officer. 

During this confusing time, it is critical to remain calm. After spotting the approaching lights of a law enforcement vehicles, you should make sure to safely pull over your vehicle which means putting on your emergency flashers, pulling into a well-lit location, putting your car into park, and if they are easily accessible locating your identification as well as your motor vehicle insurance information. 

As the law enforcement officer gets out of his or her vehicles and approaches, it is a good idea to take some deep breaths and remain calm.

Utilize The Right Approach

You should strive to answer law enforcement during these interrogations in an as polite and informative way as possible. There are also other manners in which people try to respond to law enforcement, which frequently do not lead to positive results. For example, many people attempt to utilize humor in these situations, which often indirectly communicates to the officer that you are not taking the situation seriously enough. 

On a similar note, it is critical to realize that being sarcastic is not charming and will not have the effect of building rapport. Also, people should avoid arguing about the merits of the stop. Instead, it is not a good idea to let your attorney create a strong argument to these charges at a later date. Instead, it is best to directly and immediately inform the law enforcement that you are carrying a firearm.

Know How to Approach the Situation

After informing a law enforcement officer that you have a firearm, there are often three ways that the situation will resolve. First, law enforcement sometimes allows people to keep a firearm. Second, the officer might remove the firearm. In these situations, you should make sure to follow the instructions provided by the police officer. Third, the law enforcement officer might order you to hand them the firearm. In these situations, you should listen carefully to the law enforcement officer’s instructions, repeat these instructions back, and narrate your actions as you respond. 

Speak with a Knowledgeable Criminal Defense Lawyer

Being charged with firearm offenses in Massachusetts can result in serious penalties. This is why it is critical to construct a strong legal strategy to respond to these charges. Contact attorney Edward R Molari today to schedule a free case evaluation.

 

Tags: 
Criminal Defense
Firearms
Loaded Firearm

A Quick Guide to Enticing a Child Charges

 

Marlboro law enforcement recently arrested a man who was caught on video by a vigilante group that targets child predators after the man met a young boy for sex. The man was subsequently charged with enticing a child and dissemination of obscene matter to a minor. 

Leading to the arrest, the man initiated a conversation with someone he believed was 14 or 15 with the purpose of having sex with the boy. The man then drove to Marlboro to meet the boy, at which point he was met with an adult man instead. In this recorded meeting, the man admits that he drove the distance to meet with the boy for sexual purposes. 

The video then ends with law enforcement pulling the man over. Additional details about the case are still ongoing. Because enticing a child is a serious criminal charge in Massachusetts, this article reviews some critical details that people should understand about these charges.

The Statute Encompasses Various Actions

Massachusetts’ child enticement statute punishes various types of behavior and is much broader than the statue’s name suggests. To be convicted under the statute, the prosecution must establish that a person satisfied three elements:

  • The alleged victim must have either been 16 years of age or younger or viewed by the suspect as someone who was this age or below.

  • The suspect must have tempted the alleged victim to enter, exit, or remain in a vehicle, dwelling, building, or outdoor space.

  • The suspect must have committed one of a group of offenses including disorderly conduct, disturbing the peace, indecent exposure, or charging a price for sexual conduct. 

Believing a Child Was an Adult is Not a Defense

Many people think that they will have a strong defense if they simply argue they were mistaken about the child’s age. In actuality, under the first element of the offense, a person can still be charged under this statute if the suspect believes that the child was an adult. 

The prosecution will treat an offense just as aggressively if a person genuinely held a belief that a child was an adult as they would if they knew the alleged victim was a child. 

Intent, Not Commission is Required

For the third element of the offense, the prosecution must only establish that a suspect had the intent to commit an offense. 

It is not required to establish that one of these offenses actually occurred. The prosecution can use various types of evidence to show intent including emails and text messages.

The Offense Carries Serious Penalty

Enticing a child under the age of 16 is a serious offense in Massachusetts. The felony is punishable by a maximum of five years in prison and a $5,000 fine. Additionally, the offense requires a convicted person to register as a sex offender. 

Speak with a Knowledgeable Sex Crimes Attorney

Being involved with a sex offense in Massachusetts carries several negative repercussions including potential imprisonment and a tarnished reputation. As a result, people who are charged with these offenses must create a strong response plan. 

A skilled criminal defense attorney can help. Contact attorney Edward R. Molari today to schedule a free case evaluation.

 

Tags: 
Criminal Defense

What Should You Know About Criminal Harassment?

A Bridgewater State University professor was recently arrested by Brockton law enforcement and charged with raping a female student, sex trafficking, and criminal harassment. The professor later pled guilty to all charges. Bridgewater law enforcement initially based the charges on a report from one female student, but five additional female victims later came forward with similar reports. 

One woman who was not a student of the professor stated that she met him online through a website that matches “sugar babies” with “sugar daddies.” When the woman met the professor inside his office, she reports that the professor forced anal and oral sex on her. This story led the Bridgewater community to publicize the arrest, which led more women to come forth with similar stories. Another woman stated that she had met the professor on the same website and that he had sent her money through the Venmo app in an effort to get her attention. 

The harassment charge comes from several incidents involving a female student who reported that the professor became her advisor and convinced her to change her major to public relations, which was the professor’s specialty. The woman also reports that the professor began following her on social media.

The term “harassment” encompasses several types of criminal behavior, which include both the infliction of emotional distress and stalking. In Massachusetts, a person can be convicted of criminal harassment if it can be established that an individual maliciously and willfully engaged in behavior that would cause a reasonable person to experience emotional distress. In many criminal harassment cases, the victim and person committing the harassment know one another. 

While harassment of this nature is common at the end of romantic relationships, there are various other situations in which harassment of this nature can occur. Regardless of the situation, criminal harassment is a serious offense that can cause a person convicted to end up facing two and a half years in jail and fines of up to $1,000. 

The Four Elements of Criminal Harassment

To convict a person of criminal harassment, the prosecution must establish four elements:

  • That the conduct occurred at least three separate times

  • The act would cause a reasonable person to experience emotional distress

  • That an act caused a victim to experience serious alarm

  • That a person’s actions were willful and the intent was malicious

Massachusetts law takes the perspective that feeling nervous or uneasiness is not sufficient grounds on which to base a criminal harassment conviction. Instead, a victim must experience substantial emotional distress. This harassment can occur on any type of medium including email, phone, or text messaging.

Speak with a Skilled Criminal Defense Lawyer

Being charged with any type of sexual offense in Massachusetts can quickly cause a person to face serious complications including large fines, imprisonment, and the stigma of being branded as a sex offender. If you are facing Massachusetts sex charges, obtain the assistance of an attorney. Contact Edward R. Molari today to schedule a free case evaluation.

 

Tags: 
Criminal Defense

When do Massachusetts Searches Become Illegal?

Law enforcement in Quincy recently followed a pickup truck carrying approximately 200 pounds of marijuana and proceeded to charge a man with possession with intent to distribute the drug. The arrest occurred after law enforcement followed the man’s truck to the location and watched him drop off several duffel bags that contained marijuana. Law enforcement had to forcibly enter the man’s house to perform the arrest after the bags were delivered. 

Once inside the home, law enforcement located a pistol, bullets, and packaging material. The man was also charged with conspiracy to violate drug laws as well as possession of a firearm and ammunition without a firearm identification card. Two other people at the homes were also arraigned on drug charges and released on a $1,000 bail. Investigators later claimed that the arrest came from a tip that a truck would drop off a large amount of marijuana transported from New York.

Massachusetts residents are protected from unlawful searches of their person as well as homes, vehicles, and other property. To perform a legal search, a law enforcement officer must either have a valid warrant to search the subject or probable cause to perform a search. 

Under the Fourth Amendment to the United States Constitution as well as Article 14 of the Massachusetts Declaration of Rights, any evidence of a criminal act that is obtained during a search or seizure is not admissible in a court proceeding. Many marijuana and other drug-related charges have been dismissed because it has been established that law enforcement lacked probable cause or a valid warrant. To provide you with a better understanding of these issues, this article discusses the role of search warrants in Massachusetts.

The Role of Search Warrants in Massachusetts

For a search warrant to be classified as valid, it must specifically identify the premises to be searched. For example, a valid search warrant will identify which vehicle or property address will be searched by law enforcement. If a specific property is to be searched, the warrant must contain the correct address. These warrants must also be supported by probable cause, which must be based on specific facts. Lastly, search warrants will only be classified as valid if they are signed and issued by a judge.

Rules for Executing a Search Warrant

Not only must warrants meet certain requirements to be valid, they also must be executed in specific ways. In Massachusetts, law enforcement officials must knock on the door of a residence as well as identify themselves and their purpose when executing a search warrant. If there is no answer at the residence or inhabitants are not cooperative, situations might necessitate law enforcement to use force to access the property. There are also some limited exceptions to the knock and announce rule that permits law enforcement to enter a residence without knocking. 

Speak with an Experienced Drug Charge Attorney

If you are charged with any type of marijuana-related offense in Massachusetts, it can help to speak with a knowledgeable attorney. Contact attorney Edward R. Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense
Drug Possess to Distribute
Marijuana
Search and Seizure
Reasonalbe Suspicion

What Makes a Massachusetts Arrest Lawful?

A man in Boston was recently arrested in connection with eight unarmed robbery offenses that occurred between November 2019 to February 2020. Charging documents reveal that the man wore a black ski mask and black gloves during the robberies, during which he demanded cash from bank tellers. The man has been charged with two counts of interference with commerce through threats or violence and can end up facing a maximum of 20 years in prison, three years of supervised release, and a fine of $250,000 on each account.

Each year, Massachusetts law enforcement arrests many individuals for interference with commerce as well as many other criminal offenses. When Massachusetts law enforcement arrests a person, they deprive that individual of the fundamental right to freedom. Given the importance of the right to freedom, Massachusetts law enforcement must follow several requirements while making an arrest. 

Some arrest requirements also help to make sure that law enforcement does not make a mistake while making an arrest that could end up jeopardizing the outcome of a charge. While the exact nature of arrests changes slightly between Massachusetts police departments, this article discusses some of the most critical procedures that police must follow when making an arrest.

When Law Enforcement can Make Arrest

Law enforcement in Massachusetts is only permitted to make an arrest in limited circumstances, which include:

  • When law enforcement has a judge-issued arrest warrant

  • When law enforcement believes that the individual arrested committed a crime

  • When law enforcement personally observes a crime

It is not permissible for law enforcement to arrest someone merely because the police have a “hunch” that someone committed a criminal offense.

Arrest Procedures Law Enforcement Must Follow

Arrests occur when a person reasonably believes that he or she is no longer free to leave law enforcement’s custody. Law enforcement is not required to use handcuffs or place a person in a police vehicle, but law enforcement might engage in these activities to remain safe. While there is no requirement that law enforcement read a person’s Miranda Rights at the time of an arrest, the police must read a person these rights before an interrogation. 

As a result, many law enforcement offices will read a person their Miranda Rights at the time of that person’s arrest. Additionally, most police officers will inform a person about why they are being arrested, but Massachusetts law enforcement has no legal obligation to do so.

Excessive Force and Massachusetts Arrests

In addition to the previously mentioned requirements, law enforcement officers are also not permitted to use excessive force or cruelty when making an arrest. Most times, law enforcement officers are only permitted to use the minimum amount of force necessary to both protect themselves and bring the suspect into custody. By resisting an arrest, a person increases the degree of force that law enforcement might use. This is why it is rarely a good idea to resist an arrest.

Speak with a Skilled Criminal Defense Attorney

Massachusetts prosecutors take robbery offenses seriously To respond to these charges, it can help greatly to retain the assistance of an experienced criminal defense lawyer. Contact attorney Edward R. Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense
Criminal Procedure
Miranda Rights

Emergency Court Closures Extended to May 4th

Today the SJC entered an order extending the general closure of trial courts until May 4th, with exceptions for "emergency matters," which appears to be limited to restraining orders.

For the public, the SJC also announced a help line.  I can't vouch for how helpful it will be, but here is the language from the order:

 

  • The Trial Court will announce today the April 2, 2020 launch of a Help Line for non-emergency matters that the public can call to ask general questions about their civil and criminal cases and help callers navigate the court system. The Help Line will be staffed from 8:30 a.m. to 4:30 p.m., Monday through Friday, and can be reached by calling 833-91COURT.

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