Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

What is Criminal Procedure?

 

Criminal procedure is the adjudication process used in criminal law. A criminal procedure process most often starts with a formal criminal charge. It usually ends with the conviction or acquittal of an accusation. There are rules that must be followed to protect a defendant's or suspect's rights and rules that dictate how the court will process a criminal case. These rules protect the constitutional rights of individuals to make sure all stages of the criminal procedure process are conducted fairly. Individuals accused of breaking the law are presumed innocent until proven guilty when they are going through the criminal procedure. The state prosecution must prove beyond a reasonable doubt that the suspect or defendant committed the crime.

During criminal procedures, you need to make sure your constitutional rights are protected. You should always contact an experienced criminal defense attorney to make sure your rights are not violated during this process. These protections often include the right against unreasonable searches and seizures. The Fourth Amendment to the U.S. Constitution protects your rights of privacy. This amendment limits how law enforcement can conduct a search of your house, property, or physical person. It prevents you from unreasonable searches and seizures. This does not mean that a police officer can never search your property or physical person.

A reasonable search can be performed when it is conducted according to the law. The police officer must satisfy two things to complete a search. He or she needs to establish probable cause. Probable cause happens when the evidence, facts, or incident leads the police officer to believe a crime has happened or is occurring at the time. The officer's knowledge and expertise should direct him or her in deciding a probable cause situation. He or she needs to have a search warrant that is issued by a judge. However, under certain circumstances, a search warrant may not be needed.

Another constitutional right you have during a criminal procedure is your right to an attorney. The Sixth Amendment to the U.S. Constitution ensures you have the right to an attorney when you are arrested. You have the right to a fair trial, as well. This amendment gives you the right to have your attorney present during all important and critical stages during a criminal prosecution, such as an interrogation or questioning, hearing, or arraignment. Your attorney can help you better understand your rights and develop a defense plan to determine your innocence. Criminal procedure includes all events from the arrest of a suspect to the verdict or appeal. It may include the following:

  • Search and Seizure

  • Arrest

  • Stop and Detention

  • Evidence

  • Plea Bargaining

  • Booking/Filing a Charge

  • Assigning a court-appointed attorney

  • Gathering of suspects for case

  • Identifying eyewitnesses for case

  • Trial

  • Sentencing

  • Appeal

  • Probation & Parole

When a criminal procedure is violated, it can impact your case or trial. Boston Criminal Defense Attorney, Edward Molari can provide you and your family with legal advice that will protect your constitutional rights and may help reduce your punishment. He cares about you and provides personalized legal services in every case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

 

Tags: 
Criminal Defense

Juvenile Court vs. Adult Court

 

A Wisconsin judge recently ruled that two 13-year-old girls will be tried as adults for allegedly murdering their classmate to impress Slender Man, a mythological character. The Slender Man stabbing shocked the nation and brings up the debate of whether minors should be tried as adults in court cases.

What is the difference between being tried as a juvenile versus an adult?

There are several ways the criminal justice system for adults and juveniles differ. While adults are prosecuted for committing crimes, a juvenile is prosecuted for committing delinquent acts. In the case of the “Slender Man” stabbing, the adolescent girls are currently being charged as adults since their crime is considered a more serious one. In juvenile court, a juvenile does not have a right to a jury trial as in the case of an adult trial. In a juvenile case, the trial involves a judge hearing evidence, and then, the judge decides if the minor is a delinquent or not. This process is called an adjudication hearing. A criminal defense attorney can assist you in preparing for an adjudication hearing.

When a juvenile is considered to be a delinquent, the court will decide which appropriate actions must be taken to rehabilitate the juvenile. There are serious consequences to juvenile convictions. They may include:

  • Mandatory schools for youth

  • Confinement to a juvenile detention center

  • A detainment by the juvenile court

  • Mandatory community service work

  • A permanent blemish on one’s record

  • Hefty fines to pay

  • Probation or parole

  • Home confinement/house arrest

  • Adult jail

All states have special courts to deal with minors who have been charged or accused of violating a criminal law. The proceeding is civil and not criminal. They may involve the following cases:

  • Juvenile delinquency cases: These cases involve minors who have committed crimes that would be tried in a regular criminal court if they were adults.

  • Juvenile dependency cases: These cases involve minors who are abused or neglected by their parents, guardians or caregivers. Often, a judge will have to determine if the minor should be taken from the home or hostile environment.

  • Status Offense Cases: These cases involve juvenile offenses and violations, such as skipping school, underage drinking or running away from home.

When a juvenile is accused of a crime, the process is quite different from that in an adult criminal court. Judges, prosecutors, and other court officials are allowed to take different steps when dealing with juvenile cases. In some instances, juvenile cases are moved to adult court. This is known as a "waiver." Cases involving a waiver usually involve serious offenses, such as murder or rape. Minors that frequently get into trouble with law enforcement or the criminal justice system may be tried as adults, too.

Legal Action

If your child has been accused of committing criminal or delinquent acts, the consequences can be severe and serious. Boston Criminal Defense Attorney, Edward Molari can provide your child and family with legal advice that may help reduce your child’s punishment or lessen the charge. He cares about you and provides personalized legal services in every case. Contact Attorney Edward Molari at 617-942-1532 for a free consultation.

 

Tags: 
Criminal Defense

Firearm Offenses in Massachusetts

Gun and Gun control laws are back in the news again. The recent Orlando massacre at a nightclub that killed 49 people is bringing the topic back into the national spotlight. Senators are demanding gun control protocols to stop violence, expand background checks for gun buyers, and ban gun sales to individuals on terror watch lists. Gun laws allow people to buy and possess guns or firearms. People have the right to bear arms as stated in the Second Amendment of the U.S. Constitution. Firearms are heavily regulated by laws in an effort to limit the sale, production, possession, and use of guns by certain citizens who should not have them.

These laws often involve personal firearms that people use to protect themselves. However, with these rights come many responsibilities and breaking them may have serious consequences. You should contact a criminal defense attorney if you are facing a firearm offense. The Commonwealth of Massachusetts has some of the strictest gun laws in the nation. Regarding the right to bear arms, the Massachusetts Constitution states:

“The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it.”

In the Commonwealth of Massachusetts, you cannot carry a concealed and loaded firearm in a public place. You are not permitted to carry a concealed and loaded firearm while under the influence of certain drugs, such as narcotics, marijuana, liquor, stimulant substances, or vapors of glue. One cannot carry a concealed weapon in a secure area of an airport or inside an airplane. You must have a License to Carry Firearms (LTC) or Firearms Identification Card (FID).

In Massachusetts, a license to carry a firearm does not necessary mean you have the right to possess a firearm. By law, you may have the right to own a gun, but not the right to carry one. In Massachusetts, it is forbidden to knowingly possess a firearm without being licensed.  Individuals charged with simply possessing a firearm may be the subject of "dangerousness hearings," in Massachusetts. Laws also require firearm owners to store their firearms in a locked container, tamper-resistant mechanical lock or another safety measure to ensure firearms are safely secured. The Commonwealth does not recognize another state's license to carry a concealed weapon. A person who is not from the Commonwealth can apply for a temporary license.

Many states require a certain amount of time to pass between the time one purchases a gun and the actual delivery of the firearm to a person. These are called waiting periods to reduce the chances of someone committing a hasty spur-of-the-moment crime. A background check is often mandatory before one can purchase or obtain ownership of a gun. Sometimes gun safety courses are required. Most states require all guns to be registered. Certain types of guns are usually banned such as concealed weapons, assault weapons, or unregistered and illegal guns.

Get Legal Help Today

If you have been involved in a firearm offense, the consequences you face can be severe and serious. Boston Criminal Defense Attorney, Edward Molari can provide you and your family with legal advice that may help reduce your punishment or lessen the charge. He cares about you and provides personalized legal services in every case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

Tags: 
Firearms

Thieves May Face Severe Punishment in Massachusetts

If you are a petty thief, you do not want to get caught in Massachusetts. A kleptomaniac with the compulsive urge to steal a $251 gold watch or $255 smartphone could face felony charges for his or her misdeed. The Commonwealth takes petty theft very seriously. Some critics say too seriously. Right now, anyone who steals items worth $250 or more can serve up to five years in a state prison. The penalties for stealing are harsher in Massachusetts than most states in the nation.

If you are convicted of stealing or larceny, it can be a life-changing matter. You should take it very seriously and contact a criminal defense attorney. There are many people who believe the law is too harsh for petty theft crimes. It has prompted the Senate to re-evaluate the law, as it tries to find ways to restructure the criminal justice system in the Commonwealth. Recently, the Senate passed a bill to increase the threshold from $250 to more than $1500 for certain items to constitute a felony crime.

The changes would be in line with other states. At present, the penalties are not consistent with them. Officials say the Commonwealth has not looked at this issue since 1987. It may be time for an update on this issues. The bill would help those individuals, who have changed their lives and desire to be productive citizens in society. Some say the current law punishes individuals unfairly. Their felony records keep them from obtaining employment and other privileges because of one error in judgment. The law over-punishes people, who are guilty of minor crimes.

Also, the bill lifts the felony threshold of $1500 for related crimes such as stealing and using another person's credit card, vandalizing personal property or intentionally receiving stolen goods. The Senate has passed the bill. Now it heads to the House for review. Right now, the new bill has not been fully approved and is not presently enforce, so the old law still applies. So you should not forget the harsh punishment you may face when you are caught stealing items worth over $250 in the Commonwealth of Massachusetts.

Remember that an item valued over $250 may include a $25,000 fine and jail time up to five years and items less than $250 may include a fine of $300 and jail time of one year in the Commonwealth. Furthermore, grand theft can be further categorized as first, second, or third-degree grand theft. First degree carries the harshest penalties and fines. It is difficult to erase larceny charges from your record. This may hinder you in housing, employment, and other life essentials or privileges.

Larceny or grand theft is a serious crime involving theft of property or money. The most common larceny charge is shoplifting from a business or retail establishment. Larceny may include other forms of theft, such as purse snatching, pickpocketing, cashing a check that is not yours or embezzlement (stealing money from a business).

Get Legal Help and Advice

If you have been charged with larceny or accused of stealing someone else's money or property, the consequences can be harsh and life-changing. Boston Criminal Defense Attorney, Edward Molari can provide you and your family with legal advice that may help reduce your punishment or clear your name. He cares about you and provides personalized legal services in every case.  Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

Tags: 
Criminal Defense

The Consequences of Committing Vandalism

The Massachusetts Senate Committee on Ways and Means is looking at a new bill that removes the collateral consequences of loss of a person's driver's license for the crime of vandalism. If the new bill becomes law, it still should not encourage you to get involved in destructive behavior, such as vandalism in the Commonwealth. Vandalism is a serious crime in Massachusetts.

Vandalism is considered a property crime. It involves destroying, defacing or damaging the property of another. It can include public or private property. It is any willful behavior that vandalizes someone else's property. If you are arrested or accused of vandalism, you will need to speak with a criminal defense attorney. Actions or behaviors that can lead to a vandalism arrest or accusation may include:

  • Slashing a car tire

  • Spraying paint on someone's property

  • Placing eggs (egging) on a window or car

  • Scratching the paint off of a vehicle

  • Destroying someone's window

  • Defacing public property

  • Writing graffiti on property or the walls of buildings

  • Destroying or knocking down street signs

If you are a victim of vandalism, you should contact law enforcement immediately. With the evidence, you can file charges against the perpetrators in a court of law. The police can document how much damage has occurred through photos and written reports. Also, the police can provide you with these written reports for your future use. Call your insurance provider and a reputable repair service to get estimates for repairing the damaged property. Keep any receipts obtained from the insurance providers and repair services as you may be reimbursed by the perpetrator if the case goes to court. Contact a qualified criminal defense attorney who can explain your legal actions and any restitution. Individuals found guilty of vandalism may be punished by serving time in jail or paying hefty fines. The form of punishment often varies by state and the type of crime committed.

In the Commonwealth of Massachusetts, the act of a criminal property damage offense, such as vandalism is known as Malicious Damage. The punishment for a criminal property damage offense depends on your intentions at the time of the crime. For an example, if you acted "willfully and maliciously," you could be sentenced up to 10 years in prison and fines of $3,000 or up to two and a half years in jail. However, if you acted "wantonly," the penalty could be up to two and a half years in jail or a fine of $1500. If the damage of the property is valued less than $250, the perpetrator could face jail time of up to two and a half months and fines equal to three times the value of the damaged property.

Get Legal Help

If you have been charged with committing vandalism or accused of a criminal property damage offense, the consequences can be severe with hefty fines. Boston Criminal Defense Attorney, Edward Molari can provide you and your family with legal advice that may help reduce your punishment or clear your name. He cares about you and provides personalized legal services in every case.  Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

Tags: 
Criminal Defense

Some Kinda Luck: Heroin Trafficking Charges Hang on Fractions

According to the Boston Police Department, on May 11, 2016, officers observed what they belived to be a drug trafficking transaction in Dorchester.  They arrested the purchaser and recovered "25 small plastic bags containing a total of 29.2 grams of heroin."  They then sought to arrest the seller, who (after a chase) was found with "167 bags of heroin totaling 201.1 grams and 64 bags of powder cocaine totaling 92.5 grams."

The buyer was charged with Trafficking Class A, Heroin, 28-99 grams, and Conspiracy to Violate the Drug Laws.

The seller was charged with Trarricking Class A, Heroin, 200 grams or more and Trafficking Class B, Cocaine (28-99 grams), Failure to Stop for a Police Officer, Driving to Endanger, Assault by Means of a Dangerous Weapon, and Leaving the Scene of an Accident (Property Damage).

Here's the thing.  The seller's mandatory minimum sentence for the charge of trafficking over 200 grams would be not less than 12 years, but if you shave off 1.1 grams -- a fraction of the amount allegedly found, that 12 year sentence drops to 8 years. 

Meanwhile, the buyer's mandatory minimum described in the article would similary teeters on the ledge at 29.2 grams, with a mandatory minimum of 3 1/2 years.  But there's three problems with that.  First, the buyer was supposedly purchasing heroin, a Class A substance, and the mandatory minimum cited in the article is for Class B, not class A, so if the police accidentaly charged the wrong class the whole case could be thrown out.  Second, it's worth noting that when police thought they were dealing with the Class B minimum of 28 grams, they attributed 29.2 grams to the buyer, but if that number came down by as little as 1.2 grams, the mandatory minimum would have come down as well. 

It sure is some kinda luck that both the buyer andthe seller in this case are 1.1 and 1.2 grams, respectively, over what the arresting officer thought the mandatory minimum thresholds were for their offenses.  Conincidence? Maybe, or maybe there was some clever accounting about who had which baggie.  In any case, these weights frequently get tested and come back as lesser amounts at the laboratory (which has its own problem these days).

More importantly, there is very serious reason to doubt whether a buyer can be charged with conspiring with a seller after Commonwealth v. Doty, which held that "[a] single sale of drugs without more does not establish a conspiracy."

All that having been said, ask yourself whether a jury would believe that it's really a coincidence that once the drugs allegedly found on both the buyer and the seller were divided up -- by the police -- that both the buyer and the seller ended up with just barely enough to get them over the threshold for the next increase in mandatory minimums.  Because if a jury doesn't believe that, they both might be about to catch a serious break.

Tags: 
Cocaine
Drug Possess to Distribute
Drug Trafficking
Heroin
Mandatory Minimums

Prom Season and Underage Drinking

 

Prom season is here. It is an exciting time for many teenagers. High school students throughout Boston will be attending this special event over the next few weeks. Most students are happy with the occasion and many parents are worried about their child and alcohol abuse. Being involved in an OUI/DUI  accident (operating under the influence of alcohol) will put a damper on the party.

The senior prom is a wonderful time for young people to get dress-up and celebrate at a party but it is also an unsafe time too. Many teenagers decide that they want to drink and drive. Concerned parents should encourage their teens to do the following things over the next few weeks during prom and graduation season. It is good advice for teens to comply with all the time.

  • Do not drink any alcohol

  • Do not travel with anyone who drinks alcohol

  • Do not drive your car and rent a limo to avoid having to drive

  • Do not text and drive

  • Do not use your cell phone and other mobile devices while driving

  • Do not speed if you do drive your car

Prom season is one of the most dangerous times of the year for teenagers because many teens often drink and drive, which can lead to auto crashes and death. This is an excellent time for parents to discuss the dire consequences of underage drinking with their teenagers. Studies reveal that teenagers who have an open and honest conversation about the problems associated with underage drinking are more likely to meet their parent's desire and expectation and not drink.  Parents should think twice about hosting an after-prom or after graduation party, and serve alcohol to minors during these special occasions. Parents with great intentions do this each year.  It is a big risk for them. You might be liable if an auto accident occurs as a result of drunk driving involving a minor or teenager from your party. You can speak with an experienced attorney, who can tell you the legal problems associated with serving minors alcohol in the Commonwealth of Massachusetts.

In the Commonwealth driving under the influence of alcohol is a crime. In Massachusetts, the maximum blood alcohol level is 0.08% for adult drivers and 0.02% for a driver who is under 21 years of age. It is illegal for persons under 21 to drink alcohol. Operating a car under the influence of alcohol may carry harsh penalties for all drivers in Massachusetts, including those under the age of 21.

If your underage son or daughter is facing OUI/DUI charges, the consequences may be serious and life-changing. Boston Criminal Defense Attorney, Edward Molari can provide you and your family with legal advice that can help your teenager regain their life and driving record. He cares about you and provides personalized legal services in every OUI/DUI case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation

 

Tags: 
OUI/DUI

Changes in the Law Help Drug Offenders

The 27-year-old law that suspended the driver’s licenses of drug offenders has been repealed in Massachusetts. Many politicians and community leaders have tried for many years to get the law changed. Now, it has finally happened. Prior to this new legislation, a person convicted of a drug crime lost their driver’s license. Many believed the old law was too strict for drug offenders who were trying to get employment or focusing on improving their lives.  In addition to not getting their license suspended, drug offenders will not have to pay the $500 reinstatement fee. A qualified criminal defense attorney can explain how the new changes in the law will affect your case.

Despite these new changes, Massachusetts remains one of the toughest states for prosecuting drug offenses. The Commonwealth upholds harsh penalties for most drug crimes. Although Massachusetts decriminalized small amounts (under 1 oz.) of marijuana a few years ago, possessing larger amounts and selling marijuana is still a crime. The police can charge you with a felony drug charge if they believe you are selling it.

Marijuana is the most commonly used illegal drug in America. Although some states have legalized recreational use of marijuana, Massachusetts still considers it a criminal offense. However, Massachusetts does allow doctors to recommend the use of marijuana for the treatment of certain medical conditions. Massachusetts permits qualified patients to have a sixty day supply worth of medical marijuana for medical conditions. The patient must register with the state and keep their state-issued medical marijuana card on their personage all the time. Other illegal drugs are heroin, cocaine, methamphetamine, ecstasy and PCP. Being arrested for a drug crime usually involves the following:

  • Possession - An individual possesses a drug without a valid prescription.

  • Manufacture - An individual makes or packages a synthetic chemical substance or drug.

  • Use - An individual used or consumed an illegal drug with no prescription from a medical doctor.

  • Distribution - An individual sells or smuggles an illegal substance.   

Individuals convicted of drug crimes often receive penalties that do not match the crime. Many of them may spend years or decades behind bars for distributing or trafficking a small amount of marijuana. If you are arrested for a drug crime, you should remain quiet and not discuss the incident. Let the police know you will only talk about the case when your attorney is present. Tell your attorney about any activities during your arrest involving any unlawful search and seizure as this information is not admissible in court. After your arrest, you will meet with a magistrate, who will set your bond. You can choose to pay the bond entirely or request the help of a bondsman.

If you are arrested for a drug crime, the outcomes may be serious and life-changing. Boston Criminal Defense Attorney Edward Molari can provide you and your family with legal advice that might help to prevent the Commonwealth from proving its case. He can explain your rights and provide personalized legal services in your situation. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

Tags: 
Criminal Defense

Police Body Cameras May Become Mandatory

Once again, we see police body cameras in the headlines. Now, they are gaining more appeal across the country. Ever since the Michael Brown case in Ferguson Missouri, in which a cop killed an unarmed youth, the topic has been gaining interest in communities throughout the nation. The fatal shooting of Michael Brown created weeks of community unrest. Some people feel that if the Ferguson police had been wearing body cameras, much of the community unrest would have been reduced and justice served more quickly. Furthermore, many people believe body cameras can reduce the use of excessive force and discriminatory arrest tactics used by some police officers. Individuals who feel their rights have been violated by police misconduct should consult an experienced criminal defense attorney.

What Does Law Enforcement Think About Police Body Cameras?

The Boston police chief touts the concept of police body cameras in policing. It may be just a matter of time before Boston and all cities across America make police body cameras mandatory in their departments. According to a nationwide survey conducted by PoliceOne and TASER International, a large majority of police officers across the nation feel there is a great need for body-worn cameras. The survey involved 785 federal, state, and local law enforcement professionals. Over 85% of them believe body-worn cameras reduce inaccurate claims of police brutality and misconduct and reduce the potential for litigation and lawsuits against the law enforcement agency. In 2012, the Rialto California Police Department was involved in a pilot camera deployment program. The department found a 60% reduction in use-of-force cases and an 88% reduction in citizen complaints.

How Will Police Body Cameras Affect Your Case?

Now, the information in the police report will have recorded video from the body camera that gives visual details of what actually happened during the arrest or police encounter. This will validate the information recorded in the police report. In an OUI or DUI case, if his report says the defendant was intoxicated, the recorded video can back up the claim or disprove it in court.

Body cameras are small devices that law enforcement can place on lapels, front pockets, or headgear. While most body cameras can record non-stop, many police departments keep them turned off to save storage space and do not record uneventful encounters. They instruct officers to turn on the cameras when they are approaching situations that may be suspicious or involve criminal activities. Some people believe that allowing police officers to turn on and off the body cameras can encourage selective recording. They can turn off the camera and not record information they do not wish to reveal in their police reports and arrests.

It seems that police body cameras may be used more during arrests in the future. Those arrested need to seek legal representatives who are knowledgeable in body camera evidence and how it can impact the defendant's case.

Where Can You Get Legal Help and Advice About Police Body Cameras?

If you are arrested for a criminal offense involving a police body camera, the consequences may be serious and life-changing. Boston Criminal Defense Attorney Edward Molari can provide you and your family with legal advice that might work to prevent the Commonwealth from proving its case. He can explain your rights and provide personalized legal services to help you. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

Tags: 
Criminal Defense

BPD Firearm/Armed Career Criminal Arrest Headed for Suppression

On April 17, 2016, BPD officers made an arrest for unlicensed carrying of a firearm.  Apparently, the individual also had previous convictions resulting in charges of being an "armed career criminal."  Depending on whether the individual placed under arrest is alleged to be a level 1, 2 or 3, he could be looking at mandatory sentencing of up to 15 to 20 years.  Unfortunately for BPD, however, if their article describing the circumstances of the arrest is any indication of what actually happened, the case is headed precisely nowhwere.

From the BPD report:

"At about 11:30 AM on Sunday April 17, 2016, officers . . . observed a motor vehicle with heavily tinted windows . . . with an unidentified operator behind the wheel. Officers knew that this specific car was owned by a person known to them who was wanted on an outstanding felony warrant. . . . Officers approached the vehicle on both sides and announced their presence. The driver, who was not the owner of the vehicle as originally thought, put his window down a few inches and greeted the officer at his door side by name. The driver, . . . and the officer were very familiar to one another due to numerous interactions over the years. As the two were speaking, the officer noticed that the suspect repeatedly grabbed at his clothing in an odd manner and would not comply with numerous commands to keep his hands in plain sight, nor would he lower his window any further. Officers asked the suspect to exit the vehicle multiple times but he declined. When the suspect’s behavior became more erratic in nature and the officers began to feel threatened by his actions, they breached the vehicle and successfully removed the suspect. As the suspect exited the vehicle, they felt a metal object in his jacket pocket which was later determined to be a loaded Lorcin .380 caliber model L380."

Here's the problem.  The police have the right to assume that the person driving the car is the registered owner, and where they know the owner has open warrants, they have the right to stop the car.  But, in this case, once the driver put the window down far enough for the officer to realize that (a) he knew the driver, and (b) he knew the driver was not the registered owner who had open warrants, all justifications for the stop completely evaporated.  The officer then continues to insist that the driver roll down his window -- which the officer had no reason to do.  More than that, the officer told the operator to get out, which the officer absolutely had no authority to do. 

Now, the officer will likely suggest that the operator's "repeatedly grabbed at his clothing" made him worried that the operator was armed.  Fair enough, and the law may even be on his side on that one, but the point is that by that time the stop should have ended, and any concern that the officer had for his own safety is premised on his extending the unlawful stop. 

There are lots of close cases out there.  If this is one of them, it's only because of facts not described in the BPD posting, becuase if what they posted really is what happened, that case is on a fast track to getting tossed.

If you or someone you know has been charged with a firearms-related offense, call our office immediately to discuss the potential defenses that may be available to avoid the serious mandatory minimum sentences routinely imposed by the courts in Massachusetts in such cases.

Tags: 
Armed Career Criminal
Criminal Defense
Firearms

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