Massachusetts Legal Developments Blog

Currently, a Brazilian immigrant is being held on charges of rape and assault in Massachusetts, which has resulted in the man being referred to the United States Immigration and Customs Enforcement agency. The man was previously removed from the United States in 2007, but later returned to the country. Law enforcement reports that the man is charged with rape, assault, battery, and soliciting. If the man is found guilty, he will be deported after serving a sentence.

Rape is just one of several sex crimes with which a person in Massachusetts can be charged. Other sex crimes include assault with intent to commit rape, enticement of a child under 16, failure to register as a sex offender, indecent assault and battery, indecent exposure, open and gross lewdness, and possession of child pornography.

If you have been charged with a sex crime in Massachusetts, it is essential to understand that these crimes are taken seriously and can result consequences that forever change a person’s life. One of the best ways to respond to these charges is to obtain the assistance of a skilled attorney who understands how these charges are made and who can help create a strong defense. The strongest defense depends on several factors, including the specific sex crime with which you are charged.

No Sex Crime Occurred

One of the best ways to defend against a sex crime is to argue that the sexual acts in question never occurred between the person being charged and the alleged victim. This defense will only work if evidence can be obtained showing that the alleged victim accused you of a committing a sex crime maclisiouly. If successful, this defense greatly weakens the prosecution’s argument, which relies on establishing that the sex crime in question occurred beyond a reasonable doubt.

Someone Else Committed the Act

In raising this defense, a person acknowledges that a sex crime occurred but argues that he or she is not the person who committed the offense. Many times, this defense relies on arguing that the victim’s memory is faulty and that the person who was charged was falsely identified as a result.

The Sexual Act Occurred but Was Not Criminal

As part of this defense, a person argues that consent was given and as a result, a sex crime did not occur. It is important to note that this defense only works in acts where consent negates the offense, which means that this defense is incapable of being raised in situations where an underaged person is involved.

Obtain the Assistance of a Criminal Defense Lawyer

It is important to note that this article has reviewed just three of the most common defenses to sex crimes and that there are many more potential defenses based on the facts of a case. Our law firm has helped many people facing sex crime charges and knows what it takes to make sure that your case resolves in the best possible manner. Contact Edward R. Molari, Attorney at Law today to schedule an initial free case evaluation.

Recently, a woman in Massachusetts was arrested twice in relation to two separate incidents in Boston involving theft. The woman was first arrested and charged with shoplifting in Boston Municipal Court after she allegedly stole several items from a CVS. When a CVS worker confronted the woman, she responded by striking him with her purse. The women then grabbed more items and ran from the store. Later, after reviewing surveillance video, law enforcement officers patrolling the area found the woman and arrested her. At the Boston Police District station, the woman was spotted reaching through safety glass to grab a purse. When the woman was caught attempting to squeeze the purse through a hole in the partition, law enforcement placed the woman under arrest for causing a disturbance.

Theft in Massachusetts is classified as a serious offense that can have a significant impact on your career, educational pursuits, and many other aspects of your daily life. As a result, people who are charged with theft in Massachusetts should not hesitate to speak with an experienced criminal defense attorney. It is also helpful to understand the various Massachusetts theft laws.

Larceny in Massachusetts

Massachusetts considers theft a form of larceny, which is the act of taking someone’s property without permission. While this concept might be easy to understand, it is comprehensive and includes many different types of offenses. Some of the most common acts that constitute larceny in Massachusetts include burglary, credit card fraud, embezzlement, larceny by false pretenses, larceny by theft, receiving stolen property, and shoplifting. In each of these charges, the prosecution must establish that a person is guilty beyond a reasonable doubt. As a result, individuals are often able to create strong defenses to the charges by arguing that law enforcement has failed to meet this burden.

Grand and Petty Theft

The value of the property that is stolen determines whether it is classified as grand or petty theft. While petty theft is a misdemeanor and includes stolen property worth less than $250, grand theft is a felony and encompasses the theft of an item worth more than $250. Grand theft can result in particularly severe penalties including up to five years in prison and a maximum fine of $25,000.

Identity Theft

Identity theft occurs when a person uses someone else’s identifying information including birth date, driver’s license number, social security number, or bank account number to engage in financial transactions or receive any service. This crime often involves accessing a person’s financial accounts, but can include many other acts.

Speak to an Experienced Criminal Defense Attorney

Some of the other larceny-related offenses with which a person in Massachusetts can be charged include burglary, robbery, and receiving stolen property. No matter the specific offense, the potential penalties are often severe. Our legal counsel has helped defend many people who face serious crimes including theft. To make sure that you have the strongest defense possible, contact Edward R. Molari, Attorney at Law today to schedule a free case evaluation. We understand your rights and are prepared to fight for them.

Our law firm has defended numerous clients who have been charged with sex crimes. While these laws have been in place for quite some times, these cases are occurring in greater numbers, and given the strength of the current #MeToo movement, they are taken increasingly seriously. If you or a loved one is charged with a sex crime in the state of Massachusetts, it is a wise idea to speak with an experienced criminal defense attorney who understands the various defenses that can be raised in these cases.

Defense # 1: Innocence

If a person absolutely did not commit the sexual offense in question, the defense will likely involve arguing that the defendant is innocent. These defenses most often involve proving that a person was in another location at the time that the offense occurred. Some of the evidence that is used to prove this point includes financial statements, pictures, and surveillance footage. Sometimes, these defenses are based on establishing that the victim misidentified the person being charged as the perpetrator of the crime.

Defense # 2: The Victim Consented

These defenses involve establishing that the sexual offense in question occurred after the alleged victim provided consent. Establishing consent, however, is often difficult because these cases frequently depend on “he said, she said” arguments rather than any type of evidence. It is also important to note that if the victim was underage, consent is unable to be used as a defense.

Defense # 3: Mental Incapacitation

If the person being charged with the offense has a mental health issue that prevents him or her from appreciating the nature of the act, a defense involving mental incapacity can often be made. Medical professionals are often required in these situations to establish that a person is mentally incapacitated.

Defense # 4: False Memory Syndrome

False memory syndrome occurs when a person is unable to remember the details about a traumatic event. Establishing that a memory is false can be challenging. Either evidence or eyewitnesses must be presented to show that a person’s memory does not conform to the facts of the case.

Defense # 5: Challenging the Forensic Evidence Presented

Prosecution will often rely on DNA samples from the victim as well as the person charged with the crime. Any defects in this material can be used as part of a movement for suppressing this evidence. If enough evidence can be weakened, it is sometimes possible to establish that prosecution has failed to even prove that the event occurred.

Defense # 6: Motivations by the Accuser

In some sex offense cases, the person who alleged that a crime occurred might have a personal motive to make accusations against the party being charged. Sometimes, it is possible to introduce evidence to establishe an improper relationship between the two individuals.

Speak with a Seasoned Criminal Defense Attorney

If you or a loved one faces charges relating to a sexual offense, contact an experienced criminal defense attorney. Speak Edward R. Molari, Attorney at Law today to schedule an initial free consultation during which time we will review the various available legal strategies and defenses for your case.

In April 2018, Governor Baker signed into law a new bill that significantly changed several aspects of criminal law in Massachusetts. These laws were largely instituted to keep individuals out of prison. One of the areas that was impacted by these changes is drug distribution in the state.

What the New Laws Include

The new laws impact how Massachusetts handles drug cases, which include the following:

• Heroin: In accordance with these new laws, it is no longer a crime to simply be in the presence of heroin. While the consequences of committing heroin and opioid offenses have increased in severity, individuals no longer face penalties for just being in the presence of the drug.

• Mandatory minimum: Prior to these new Massachusetts laws, certain drug distribution charges resulted in a mandatory amount of time in jail. The new Massachusetts laws, however, have removed this requirement. Instead, there is now more discretion in how to penalize individuals charged with these offenses. As a result, required prison sentences for the distribution of cocaine, methamphetamines, and PCP have been removed. Required prison sentences for second offense distribution charges of B, C, and D class drugs have also been removed. Additionally, the required prison sentences for charges related to the sale of drug paraphernalia have also been removed.

• School Zones: Another recent change is that the penalties connected to distribution of drugs in a school zone have been significantly limited. These penalties now only apply when individuals are charged with distributing drugs in a school zone between the hours of 5:00 am to 12:00 AM, when use of a firearm or violence occurs, drugs are sold to minor, or coercion is involved in the sale of drugs.

• Synthetic opioids: In response to the national opioid epidemic, Massachusetts has passed new laws concerning how charges related to these drugs are handled. One change is that many varieties of carfentanil and fentanyl have been reclassified from “Class B” to “Class A” drugs. Penalties associated with “Class A” offenses frequently result in more severe penalties than drugs that have Class B to D classifications. The law has also been revised to include synthetic opioids where this type of medication was previously excluded.

Understanding Drug Distribution Charges

Distribution of a controlled substance in the state of Massachusetts occurs when law enforcement has probable cause to establish that an individual participated in a transaction in which an illegal substance was given to another individual. The amount of drugs involved does not play a role in these cases, which means that an individual could end up facing a conviction for an offense involving a small amount of the controlled substance. A similar charge, possession with intent to distribute, occurs when the prosecution establishes that a person merely had the intent to trade illegal drugs.

Obtain the Services of a Skilled Massachusetts Criminal Defense Lawyer

If you or a loved one faces any type of drug charge in the state of Massachusetts, it is a wise idea to obtain the assistance of a skilled criminal defense attorney who will remain committed to making sure that your case resolves in the best possible manner. Contact Edward R. Molari, Attorney at Law today for assistance.