Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

Many States Now Charge Dealers with Murders if Their Customers Overdose – Massachusetts Could Be Next

Facing drug charges is one thing, but facing murder or manslaughter charges is another matter altogether. Drug dealers could one day face criminal consequences for the overdose deaths of their customers – although some lawmakers would say that the better word is “victims.” Are we close to creating these kinds of laws in Massachusetts? What might happen if you face these kinds of charges in the future? The most important thing to realize is that you need help from a qualified, experienced criminal defense attorney if you face drug charges of any kind in Massachusetts.  

Senator Wants Drug Dealers to Face Murder Charges for Overdoses

On January 18th, it was reported that Senator Patrick O’Connor had proposed a bill that would make drug dealers criminally responsible for the overdose deaths of their customers. Speaking about the proposed bill, O’Connor said:

“I think every senator or representative has family or knows someone that has lost loved ones to this crisis. But at this time, with what we know is going on in our towns, we need to give our district attorneys some tools.”

Why You Cannot Be Charged with Murder or Manslaughter for Overdose Deaths

Fortunately, O’Connor’s bill had not been accepted – at least not yet. Will Massachusetts one day have similar laws to Florida or Illinois? Only time will tell. But for the time being, the matter has been settled in court. Back in 2019, the Massachusetts Supreme Judicial Court ruled that a graduate student who had supplied a fellow student with drugs could not be charged with involuntary manslaughter for the resulting overdose death. It was determined that the individual needed to have acted in a “wanton or reckless” manner in order to be held criminally liable for the death. 

However, the Supreme Court did leave the door open to potential guilty verdicts. They explained that if the drug dealer had a clear reason to believe that the customer was going to overdose, he could potentially face criminal consequences. For example, he might have known that the student had a specific medical condition that made him more likely to overdose. Whatever the case may be, it is important to fight these charges in the best way possible, as involuntary manslaughter can result in a prison sentence of up to 20 years – and that is on top of any drug offenses you might be facing. 

Where Can I Find a Qualified, Experienced Criminal Defense Attorney in Massachusetts?

If you have been searching for a qualified, experienced criminal defense attorney in Massachusetts, look no further than Edward R. Molari, Attorney at Law. Over the years, we have helped numerous defendants fight for their rights and avoid needlessly excessive penalties. Based on current and established Massachusetts law, there is no reason you should face murder or manslaughter charges for the overdose deaths of other people. However, you still need to defend yourself effectively and utilize a solid defense strategy. Book your consultation today, and we can help you do just that. 

Tags: 
Criminal Defense

What is the Worst Possible OUI You Can Commit in Massachusetts?

There are DUIs, and then there are serious, aggravated OUIs that can put you in prison for the rest of your life. But what are some of the worst possible OUIs you can commit in Massachusetts? The answer may surprise you. It is technically possible to be charged with multiple felonies with a single OUI, and this may lead to decades behind bars. While being charged with all of these offenses simultaneously is rare, it can happen. And if it does, you need help from a qualified, experienced criminal defense attorney.  

Aggravated OUIs in Massachusetts

Suppose you commit a first-time OUI with no serious injuries or other aggravating factors. In that case, you will face a relatively light penalty, although it is still important to defend yourself in the best way possible.

But if there are certain aggravating circumstances present in your situation, you will face a much greater penalty. Here are some examples of aggravated OUIs in Massachusetts:

  • Having a BAC Level of Over 0.20%
  • Having a Child in the Car
  • Causing Property Damage
  • Causing Bodily Injury
  • Causing Death
  • Having Multiple Past OUIs

Of these offenses, the worst possible charge is an OUI resulting in death. For this offense, you may face up to 15 years in prison and a felony charge. 

Is it Possible to Face Multiple OUI Offenses at the Same Time?

Yes, it is possible to be charged with multiple OUIs simultaneously. However, you may only be convicted of one offense. Prosecutors may charge you with multiple offenses in order to give themselves the best possible chance of conviction. If you successfully fight one charge, they can move on to the next charge. In August of 2022, a mother in Massachusetts was charged with both OUI child endangerment and OUI resulting in injury. 

Refusing a Breathalyzer Test

You may also face an extended license suspension if you refuse a breathalyzer test. This means that existing OUI charges can become even worse if you refuse the test. However, some would argue that refusing the test makes sense in some circumstances. 

Examples of Additional, Non-OUI Charges

Additional charges may also be added to your OUI offenses, including things like manslaughter, child abuse, and much more. 

Examples of Long DUI Sentences

It is possible to be sentenced to decades behind bars for DUIs – or even life. One California woman was sentenced to 51 years to life for a DUI crash back in 2020 that killed three teens. In 2016, a man from Pennsylvania was sentenced to life in prison after his 9th DUI conviction. 

Where Can I Find a Qualified, Experienced Criminal Defense Attorney in Massachusetts?

If you have been searching for a qualified, experienced criminal defense attorney in Massachusetts, look no further than Edward R. Molari, Attorney at Law. Over the years, we have helped numerous defendants with a wide range of charges, including aggravated OUIs and OUIs. We understand that these offenses can become quite excessive, but there’s no need to accept decades in prison without fighting for your rights in court. Book your consultation today to strive for the best possible results. 

Tags: 
Criminal Defense

Boston’s Finance Director Charged with Money Laundering and Drug Smuggling

In the United States, those in positions of power are not above the law. Even the highest-ranking member of our society – the President – can be charged with crimes and convicted. Our legal system views everyone as equal, and this means that Boston’s highest-ranking government officials can also be held criminally liable for their actions. That being said, most people were shocked to learn that a top finance director in the Mayor’s administration was recently charged with money laundering and drug smuggling. How exactly did this happen, and what are her chances of escaping charges?

Finance Director Accused of Smuggling Drugs into MCI Shirley

The top Finance Director in Michelle Wu’s Mayoral team has been charged with money laundering and conspiracy to commit money laundering. She pleaded not guilty to both charges. The alleged scheme involves smuggling drugs into MCI Shirley, and it ranges back to January 2021. The drugs were synthetic cannabinoids known as K2 and Spice, and these drugs were smuggled to four inmates – including the Finance Director’s nephew. In total, there were nine co-defendants involved in the smuggling operation – including multiple inmates within the prison. 

Synthetic marijuana is illegal in Massachusetts due to new regulations put forth by the DEA. Some studies have determined that drugs like K2 and Spice can cause psychotic and violent behavior when smoked. These drugs were sprayed onto papers and smuggled into the prison, disguised as letters between family members and legal documents. A single, one-inch square of paper sprayed with K2 or Spice can be sold for as much as $400 inside. A co-defendant involved in this scheme admitted it was possible to earn $32,000 from a single piece of 8” by 11” paper. 

This suggests that the scheme wasn’t simply a way to provide her nephew with something to pass the time while behind bars. This was a sophisticated operation that raked in plenty of profit. Investigators tracked these profits to a mobile app used by the Finance Director. Apparently, she was moving money out of the account in increments of $999 in an attempt to avoid mandatory banking reporting limits and attention from the authorities. The Director is already earning more than $120,000 per year for her role in Michelle Wu’s administration. Pending the outcome of this criminal case, she has now been placed on unpaid administrative leave. 

Where Can I Find a Qualified, Experienced Criminal Defense Attorney in Massachusetts?

If you have been searching for a qualified, experienced criminal defense attorney in Massachusetts, look no further than Edward R. Molari, Attorney at Law. Facing charges of money laundering and drug smuggling can be incredibly daunting – especially if your reputation and professional career are on the line. With help from a qualified attorney, you can fight for your rights and mitigate any legal consequences you might be facing. Book your consultation today to get started with an effective defense strategy. 

Tags: 
Criminal Defense

The Different Types of DUI Charges in Massachusetts

Even the most minor DUI charge is worth approaching in a careful manner. States like Massachusetts take driving under the influence very seriously, and even a first offense with no injuries could prove problematic. That said, there are many different types of DUI charges in Massachusetts, and it makes sense to carefully consider the potential consequences you might be facing. But what exactly are the different DUI charges in Massachusetts? 

First DUI Offense

A first-time DUI offender typically receives a lighter sentence. This is considered a misdemeanor, and it can result in a maximum jail sentence of 2.5 years. Your license will also be suspended for up to one year, and you will face up to $5,000 in fines. Of course, you stand a better chance of a lighter sentence if you plead guilty – although this may not be necessary if your criminal defense attorney believes there is a viable defense strategy to plead not guilty. For example, the police officer who made the arrest may have made an error that forces the court to dismiss the case. For example, the police officer may have acted unconstitutionally. 

Second DUI Offense

When you commit a second DUI offense, you can expect a much more serious penalty. While this is still considered a misdemeanor, you will face a minimum of 60 days in jail. You can also face a license suspension of up to two years and a fine of up to $10,000. In the court’s eyes, you have already been given a second chance with a light sentence for your first DUI. Repeat offenders have essentially proven that they have not learned their lesson. 

Third Offense DUI

A third offense DUI is a much more serious offense compared to a first or second offense. This is considered a felony, and you can expect to spend at least three months behind bars. Your license will also be suspended for up to eight years, and you face up to $15,000 in fines. 

Fourth and Fifth Offense DUI

If you commit a fourth DUI, you will spend at least one year in prison and a license suspension of up to 10 years. In addition, you may be fined up to $25,000. A fifth DUI can result in up to five years in prison, plus a lifetime license suspension. You may also be fined $50,000. 

DUI Causing Serious Bodily Injury

Even if it was your first DUI, you may still face felony charges. This is because your first DUI may have resulted in a serious bodily injury, which automatically makes it a much more serious offense. You can spend up to 10 years in prison for this offense, and your license may be suspended for up to two years. 

DUI Causing Death

This is perhaps the most serious DUI offense on the books in Massachusetts. If you are convicted of this felony, you can expect to spend up to 15 years in prison. Your license may also be suspended for life. 

Where Can I Find a Qualified Criminal Defense Attorney in Massachusetts?

If you need help with a DUI charge in Massachusetts, get in touch with Edward R. Molari, Attorney at Law at your earliest convenience. The truth is that internet research can only get you so far. Each DUI situation is unique, and reading online articles can not provide you with the same level of targeted guidance as an experienced, qualified criminal defense attorney. Book your consultation at your earliest convenience to get started with a solid defense strategy. 

Tags: 
Criminal Defense
OUI/DUI

Massachusetts is Cracking Down on Fentanyl: What You Need to Know

The statistics surrounding fentanyl are staggering. This opioid is 50 times stronger than heroin and a whopping 100 times stronger than morphine. This means that even a tiny sprinkle of fentanyl is enough to kill a human being. FDA Administrator Anne Milgram calls this drug the “single deadliest drug threat our nation has ever encountered,” and over 56,000 overdose deaths involving fentanyl were reported in 2020 alone. This problem is not restricted to Massachusetts, either, and the opioid epidemic has spread across all of North America. If you are engaged in the use or trade of this drug, you need to be aware that Massachusetts is seriously cracking down on anyone involved.  

Massachusetts Cracks Down on Nurses

A surprising number of nurses are reportedly using their positions to engage in illegal, fentanyl-related activity. On January 10th of 2023, the Justice Department released a press release detailing the sentencing of a Berkley nurse. This individual had tampered with fentanyl intended for hospital patients, removing vials and replacing them with saline. A total of 60 tampered vials were discovered, and these contained just a small amount of the original fentanyl. It was not revealed whether the nurse was using the fentanyl recreationally or selling it for a profit. Either way, he was sentenced to five years of probation and one year of home detention. In addition, he was ordered to pay a $20,000 fine. 

On January 13th, another nurse was sentenced for a very similar crime. This nurse had tampered with a bottle of morphine sulfate at a nursing home, removing the drug and replacing most of it with water. For whatever reason, this nurse faced a much more serious penalty – with 52 months in prison and three years of supervised release. It may have been due to the fact that elderly patients were harmed as a direct result of her actions – or perhaps she made the mistake of pleading not guilty. 

Fentanyl Dealers are Being Tracked Down and Caught

On January 14th, two criminals were sentenced after a drug trafficking ring was exposed by the authorities in Massachusetts. This trafficking ring involved the distribution of both heroin and fentanyl. One of these criminals was sentenced to 80 months inprison. Also on January 14th, a felon was charged for possessing a firearm, cocaine, fentanyl, meth, MDA, and suboxone with intent to distribute. He has committed similar offenses in the past, which means that he faces life in prison. 

Where Can I Find a Qualified Criminal Defense Attorney in Massachusetts?

If you have been searching for a qualified, experienced criminal defense attorney in Massachusetts, look no further than Edward R. Molari, Attorney at Law. We know how serious fentanyl charges can be, and we’re ready to defend your rights as an American to the greatest extent possible. Your right to an attorney is one of your most important constitutional rights. It is crucial that you make the most of it. Book your consultation today and get started with an effective defense strategy geared toward your unique situation. 

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Criminal Defense
Fentanyl
Drug Trafficking
Drug Possess to Distribute

Can the Victim Drop Charges Against Me in an Assault and Battery Case?

If you have committed assault and battery against someone in Massachusetts, you might be wondering whether they can drop charges against you. This is an especially common question among family members who may be willing to “forgive and forget.” Sometimes, situations get out of control, and victims are willing to give the defendants a second chance. But is it really up to the victim to drop charges? Can the state continue to press charges even though the family prefers to handle this issue behind closed doors? Let’s find out. 

It is Not Up to the Victim

The first thing you need to know is that in Masssachusetts, it is not up to the victim whether or not charges are dropped. That authority rests entirely with prosecutors and judges, and the state will carry out the legal penalties regardless of what the victim says or wants. As soon as an alleged victim makes that 9-1-1 call to the police and reports violence in the household, there is no turning back. Police are obliged to take the alleged perpetrator into custody due to a mandatory arrest policy. Not only that, but there is a mandatory “cooling-off period” that alleged abusers must spend behind bars. In Massachusetts, this period is no less than six hours. From that point, bail can be posted and the alleged perpetrator can be released. 

Why is this the case? Ultimately, the government is trying to do the right thing. In their eyes, the victim may be attempting to drop charges due to a sense of intimidation. They may think that if the family member gets incarcerated, they will harbor a deep sense of contempt and take revenge upon release. In other words, the government is trying to protect potential victims from further violence – whether they actually want that protection or not. 

The Victim Can Still Play a Role in Your Defense

Regardless of this, the victim can still play a role in your defense by invoking the Fifth Amendment. Whether they’re a partner or a spouse, they can choose not to testify against you. If there is no other evidence and it’s simply a case of “he said, she said,” the court may be forced to drop the case due to insufficient evidence. If there is other evidence aside from the victim’s testimony, you need to explore other defense strategies with a qualified attorney. 

Where Can I Find a Qualified Criminal Defense Attorney in Massachusetts?

If you have been searching the Massachusetts area for a qualified, experienced criminal defense attorney, look no further than Edward R. Molari, Attorney at Law. Over the years, we have helped numerous defendants approach their charges confidently and efficiently – including those accused of assault and battery against family members. We know that this situation can be incredibly concerning – especially when even the victim wants to minimize potential penalties. While dropping charges may not always be an option, you can still defend yourself in an effective manner. Book your consultation today to get started. 

Tags: 
Criminal Defense
Assault and Battery

Possible Defenses to Charges of Resisting Arrest

The Police Chief of Tewksbury reports that a woman was arrested and charged with assaulting several officers who were trying to arrest her in accordance with a warrant. 

The incident started when Tewksbury law enforcement received a call from a woman who said she was lost. The woman hung up on emergency workers, who were able to trace the origins of her call.

Tewksbury law enforcement searched the location but did not locate the caller until she contacted law enforcement again. Law enforcement then determined that the woman was wanted on the basis of two arrest warrants involving assault and battery on ambulance workers.

Law enforcement tried to take the woman into custody, but she resisted this and kicked one officer and hit another. Law enforcement then restrained the woman, who kept kicking inside the law enforcement vehicle. During the booking, the woman hit another officer and tried to strike another. Neither the woman nor law enforcement is reported to be injured.

The woman was ultimately charged with assault and battery with a deadly weapon, assault and battery of a law enforcement officer, assault, and resisting arrest.

Massachusetts prohibits individuals from either resisting or delaying law enforcement from attempting to perform their official duties. Doing this is viewed as resisting arrest. Fortunately, based on the circumstances surrounding your situation, various strategies exist to defend against charges of resisting arrest.

The best strategy for defending against charges of resisting arrest is to remember that these charges are influenced by whether you resisted a law enforcement officer in lawfully executing the tasks of the position. Some of the strategies you can raise in response to these charges include the following.

Unlawful Arrest

If an arrest was against the law, a person will be viewed as not having done anything wrong, even if that individual resisted arrest. The officer was not performing the duties of their desk because no duty exists to perform an unlawful arrest. 

Self-Defense

A person has the option to defend against any misconduct by law enforcement. A law enforcement officer who utilizes excessive force against an individual makes an arrest unlawful. If law enforcement used force in response to forceful resistance, a person will lose any claims of self-defense.

False Allegations

Raising false allegations requires a person to establish that nothing they did fits the definition of resisting arrest. For example, a person might have been rude or sarcastic in tone or nature, and law enforcement might have chosen to respond by raising charges of resisting arrest.

Failure to Identify

A person cannot intentionally resist arrest if that individual was not aware they were being arrested by a law enforcement officer. This might occur if law enforcement officers fail to identify themselves.

Contact an Experienced Criminal Defense Lawyer

If you or a loved one has been charged with assault, battery, or any other related crime, you should not hesitate to speak with an experienced attorney. Contact Attorney Edward R Molari today for assistance.

Tags: 
Criminal Defense

Arrested for Attempting to Commit a Crime in Massachusetts?

The FBI arrested a man in Lexington after he responded to a fake ad and attempted to pay for sex with two minor girls. The man was previously convicted of indecent assault and battery of a child. 

FBI agents operating a sting outside of Boston caught the man by posting fake ads to an overseas website established for people seeking to have sex with minors.

The man was told to meet the girls at a hotel, where undercover FBI workers were waiting. After the money was exchanged between the man and the FBI agents, the man was arrested and placed in the custody of law enforcement. 

The man was later arraigned on a charge of attempted sex trafficking.

The Elements of Attempt

Massachusetts General Laws Chapter 274 Section 6 acknowledges that attempting to commit a crime is a criminal offense. To convict someone of this offense, the prosecution must establish that several elements exist beyond a reasonable doubt, including:

  • Specific intent. The person charged with attempt must have taken a step toward committing the crime. To prove this element, the prosecution must establish that the person being charged committed an overt act that was part of the crime’s execution and that the person charged came reasonably close to the commission of the crime.
  • Overt act. An overt act represents a physical action. Plans or other remote actions do not represent overt acts. First steps where the person charged can change their mind also do not represent overt acts. An overt act involves a step toward the commission of the offense. An overt act must be the type of action that a reasonable individual expects will set off the events that would naturally lead to the crime’s commission.
  • Not completed. The act must have failed or been prevented. This means that the crime anticipated was not completed.

The Punishments for Attempting a Crime

The potential penalties for attempting to commit a criminal offense vary greatly based on what crime was involved. A person who is convicted of attempting to commit a crime that can be punished by death can result in a person facing many years in prison. A person can also end up facing other substantial penalties, including fines if that individual attempts to commit a crime that is punished that way.

The Defense of Legal Impossibility

A person who attempts to commit an act that, if completed, does not constitute a crime is not viewed as having committed a criminal offense. For example, if a person believes that committing or attempting an act was a crime but under Massachusetts law, it was not a crime, the individual can be convicted of criminal attempt.

Obtain the Assistance of a Skilled Criminal Defense Lawyer

Even a charge related to a sex offense in Massachusetts can result in severe penalties. If you or your loved one needs the assistance of a skilled criminal defense lawyer, do not hesitate to contact Attorney Edward R Molari today for assistance.

Tags: 
Criminal Defense

Responding to Massachusetts Drug Trafficking Charges

Five people were recently arrested following a drug raid that occurred in Somerset County. Somerset law enforcement reports that a search warrant was issued for an Anson apartment after law enforcement received details about firearm and drug offenses at the location.  

During a search of the residence, law enforcement discovered five pounds of fentanyl, more than two pounds of cocaine, methamphetamines, drug paraphernalia, and stolen goods.

The man who lived at the location was charged with aggravated trafficking in scheduled drugs and firearm possession.

Drug addiction is a problem throughout the world, and our government places harsh penalties on drug crimes in an attempt to discourage individuals from manufacturing and distributing controlled substances. If you are interested in fighting a charge of drug trafficking in Massachusetts, a skilled criminal defense lawyer can help you create a strong defense.

Strategies to Defend Against Drug Trafficking Charges 

Drug trafficking can be prosecuted at either the state or federal level. If you are convicted of drug trafficking in the state of Massachusetts, a conviction could lead to you facing years in prison and fines. Some of the strategies that might prove helpful in your case include:

  • Your rights were violated. Law enforcement must respect your constitutional rights when arresting you, searching any assets you have, and collecting evidence. A skilled criminal defense lawyer will review any error made by law enforcement to make sure that no evidence is to be submitted to court if your rights are violated. If you were a victim of entrapment, the arresting officer lacked probable cause on which to perform an arrest.
  • Insufficient evidence. The prosecution must establish adequate evidence to show that you manufactured, dispensed, transported, or distributed the drugs in question in a trafficking offense beyond a reasonable doubt. Motions to suppress evidence that was illegally obtained will weaken the prosecution’s case.
  • Lack of intent or knowledge. For a trafficking conviction, the prosecution must establish that a person was aware of the presence of the substances involved, had the opportunity to access them, and intended to distribute them for personal use. Some defendants have committed drug-related offenses, but trafficking does not represent the correct charge.

Sometimes You Cannot Avoid a Trafficking Conviction

In some situations, the best defense to a trafficking charge might involve mitigating the penalties and repercussions you end up facing. Even if you cannot avoid a conviction of trafficking, we can still help you in various ways, which include the following:

  • Advising you about any recent changes to the legal system that have an impact on your case.
  • Arguing that you should actually receive a lesser charge than what the prosecution is pursuing.
  • Preserving your right to receive parole after serving half of your sentence.

Do Not Hesitate to Contact an Experienced Defense Lawyer

Drug offenses in Massachusetts carry serious penalties. If you or your loved one is charged with a drug offense, you should not wait to contact an experienced criminal defense lawyer. Contact Attorney Edward R Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense

Ways to Defend Against Ketamine Charges

Massachusetts law enforcement arrested an individual following the seizure of 14 pounds of drugs. According to Massachusetts police, an officer patrolling eastbound on Route 84 spotted a Sienna minivan and found it was traveling almost 20 miles per hour above the speed limit. As a result of the vehicle’s speed, law enforcement stopped the vehicle. 

After law enforcement approached the minivan, the officer identified the driver. Through conversation, the man stated that his destination was JFK Airport in New York City. The man stated that he was going to the airport to pick up passengers.

The driver showed the law enforcement officer the GPS on his phone while driving to an address in Massachusetts that did not exist. When law enforcement questioned him about this detail, the man responded that he was headed to Arlington instead of the airport but did not have an additional explanation for his new destination. 

Law enforcement also questioned the man about his travel and what was inside the vehicle. The man granted the officer permission to search inside the vehicle, where law enforcement found several bags holding powder, crystals, and other white substances matching the description of Ketamine, a Class A controlled drug.

After locating the Ketamine, law enforcement arrested the man. Law enforcement then searched the vehicle. The search revealed 14.33 pounds of the drug, which has a value of over $200,000. 

The man was transported to the Sturbridge Barracks to be booked, fingerprinted, and photographed. The man was then held until his arraignment on charges of Class A narcotic trafficking and speeding.

Veterinarians primarily utilize Ketamine to relieve pain, but Ketamine is also commonly used as a street drug. Classification as a Schedule IIIN, non-narcotic under the federal controlled substances act makes it against the law to use, sell, possess, or transport ketamine. 

Parke-Davis developed Ketamine in 1962 as a pain killer during the performance of the medical procedure. The drug was approved by the Food and Drug Administration in the 1970s and helped to treat soldiers in the Vietnam War.

Strategies for Defending Against Ketamine Possession

Some of the best strategies for defending against possession of Ketamine include the following:

  • You had a valid prescription for the medication at the time of the offense
  • You were not aware that Ketamine was in your possession
  • You were not aware that Ketamine was a controlled drug
  • Law enforcement rights your 4th Amendment, 5th Amendment, or other Constitutional rights while arresting you

Speak with a Drug Crime Lawyer Today

If you or a loved one has been charged with a drug crime in Massachusetts, you should not hesitate to obtain help from a skilled defense lawyer. Do not hesitate to contact Attorney Edward R Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense

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