Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

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

What to Do if You are Wrongfully Accused

We have all seen the classic Perry Mason television programs in which a guilty person or criminal disrupts the court and tearfully confesses to the crime amidst courtroom uproar and surprise. They always wait until the last minute to confess their dark secrets, but a guilty conscience reveals the truth just in time to save the innocent person on trial.

In the real court of law, this usually never happens. Sometimes an innocent people are found guilty of crime they did not commit. A good example is the story of Betty Anne Waters, who worked faithfully and diligently to free her wrongfully convicted brother of a murder he did not commit in Ayers, Massachusetts. In fact, she became a lawyer to learn the law, and a good criminal defense lawyer is always needed in criminal cases. Her relentless efforts helped overturn his wrongful conviction in 2001. He spent 18 years behind bars as an innocent man. The story was made into a Hollywood movie called Conviction in 2010.

According to studies by the Innocence Project, between 2.3% and 5% of persons sent to prisons are innocent. DNA testing has uncovered the truth for several cases over the years. Since 1989, 333 people have been exonerated because of this new technology. What are some things a person can do if he or she is wrongfully accused of a crime before it turns into a conviction?

Here are five things experts suggest you do, if you are falsely accused of a crime:

  • Gather any records, documents, or papers that may relate to the case. This could be letters, emails, text messages, or phone records. Maintain any records that show where you were during the time of the crime or incident.

  • Make a note of evidence at the crime location that you remember but were not able to take from the scene.

  • Create a list of possible witnesses and obtain their contact information.

  • Keep quiet and do not say anything about the case with anyone. It may be used against you.

  • You should contact an experienced attorney and tell him or her your story. Conversations with an attorney are protected by attorney-client privilege.

Here are five things experts suggest you not do if you are falsely accused of a crime:

  • Do not destroy any information, especially information that you think will work against you in court. This could be perceived as actions of a guilty person and increase punishment if you are wrongfully convicted.

  • Do not talk or have any contact with the victim or victims in an attempt to explain your side of the story.

  • Do not talk with law enforcement without an attorney present.

  • Do not volunteer to take a testing, such as a DNA test.

  • Do not submit any information or evidence to law enforcement without talking to your lawyer.

A false accusation can be damaging to your personal and professional life. More importantly, if your innocence cannot be proven, it could lead to a wrongful conviction and possible prison or jail time.

If you are falsely accused of a crime, 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 clear your name and reputation. He can explain your rights and provide personalized legal services in your case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

Tags: 
Criminal Defense

Understanding OUI/DUI Laws in Massachusetts

Statistics from the National Council on Alcoholism and Drug Dependence reveal nearly 13,000 deaths and thousands of injuries happen each year due to drunk driving. In all 50 states, a blood alcohol level of 0.08% is illegal. In some states, it is illegal for persons under the age of 21 to drive with a blood alcohol level higher than zero.

DUI (Driving Under the Influence) laws in Massachusetts are different from those in many states. Individuals found guilty of DWI (Driving While Intoxicated) or OUI (Operating Under the Influence of alcohol) may spend years in prison and pay thousands of dollars in fines. A first time offender may get the minimum penalties, which include one-year probation, license suspension up to 90 days, and a mandatory 16-week drug/alcohol education program. Penalties will increase and become harsher when the blood alcohol content is more than the threshold of .08% or if a child is in the vehicle. Furthermore, Melanie’s Law in Massachusetts is one of the stiffest drunk driving legislations in the nation. On October 28, 2005, the commonwealth of Massachusetts passed Melanie's Law, which created harsher and more severe penalties for breaking drunk driving laws. The legislation was established after a 13-year-old girl was killed by a repeat OUI offender in Massachusetts. The mission of the law is to increase the penalties for OUI offenders and keep them off the highway through a state-run ignition interlock program.

Provisions and Penalties under Melanie's Law include the following:

  • Repeat offenders must have interlocking devices installed in cars they drive to prevent ignition if the driver is intoxicated.

  • Drivers face a jail penalty for tampering with an interlock device.

  • A 10-year license suspension for refusal of a Breathalyzer test if an accident results in serious bodily injury and a lifetime suspension when an accident involves a death.

  • Temporary permits are no longer issued after a license is suspended for refusing a Breathalyzer test.

  • Refusing a Breathalyzer test will result in a mandatory 24-hour vehicle impoundment of a driver's car.

  • Court records can be introduced to reveal prior convictions.

  • Motor vehicle manslaughter increases to five years in drunk driving cases.

  • A conviction of driving drunk with a suspended license yields a minimum one year in jail.

  • A new aggravated OUI offense will be charged when a defendant has a blood alcohol level of .2% or higher.

  • Mandatory lifetime license revocation for a driver who has previously been convicted of an OUI resulting in death when the driver is convicted again for driving drunk.

  • Drivers with a blood alcohol level of .15% or higher will complete a mandatory alcohol assessment.

  • Increased penalties for anyone intentionally allowing a person with a license suspension for drunken driving to operate an automobile.

Legal Advice

Individuals with OUI/DUI charges may receive severe punishments in Massachusetts. It is important to know your legal rights and options when you are facing criminal charges. Boston Criminal Defense Attorney, Edward Molari can provide you with the correct solutions and actions you need to take in your OUI/DUI case. He can explain your rights and provide personalized legal services in your case. You can contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

Tags: 
OUI/DUI

The Consequences of an Assault and Battery Charge

 

A person can be charged with assault when he or she puts a fear of harm in another person. A person commits battery when he or she makes unwelcomed physical contact with another individual that results in harm or injury. Assault and battery is a result of putting the fear of harm in another person and making the physical contact that results in harm or injury.

Domestic assault (domestic assault and battery) is an abusive, violent, or threatening word or act imposed by one family member to another family member. A domestic relationship in most states include an immediate family member or loved one, as well as any other person you might room with or have a relationship. This may include:

  • Wife or husband

  • Parent or step-parent

  • Children or step-children

  • Blended family members

  • Roommate or ex-roommate

  • Grandparents or grandchildren

  • Uncle or aunt

  • Siblings (brother or sister)

According to Massachusetts law, an assault or an assault and battery are punishable up to two and a half years behind bars with fines of up to $1,000. The penalties can be up to five years in prison with fines up to $5,000 when the victim is pregnant, experienced serious bodily harm or injury.  If a protection order was established during the time of the assault, the penalties can be up to five years in prison with fines up to $5,000. The penalties for assaults can increase, if the victims are children, a senior citizen, mentally disabled, a police officer, an EMS staffer or a public worker.

Recently, Massachusetts domestic violence laws have gotten more strict for those arrested for domestic assault in the commonwealth. A new legislation in Massachusetts establishes a domestic violence assault and battery charge for first offenders and it creates a domestic violence offender registry for individuals charged. A person who is arrested on a domestic violence charge must stay in jail for six hours before an arraignment and bail from jail can be granted. Often in domestic violence cases, law enforcement can make an immediate arrest when a victim calls the police and alleges an assault has taken place. Police officers have a duty to take immediate action and maintain safety for the victim and other individuals in the home. In most states, when a domestic violence arrest is made, an emergency protective order is put in place until the offender goes before a judge. The individual arrested cannot have any contact with the victim. A person facing a domestic violence assault and battery charge should seek legal counsel.

Often individuals believe if a spouse decides they do not wish to press assault charges, the prosecution will end. In Massachusetts, this does not always happen. The District Attorney's office can continue the case even against the wishes of the victim and if she renounces her testimony. The District Attorney's office determines the outcome.

If you are accused of an assault crime or facing a domestic violence charge, the consequences may be serious and life-changing. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that can help your case. He can explain your options and provide personalized legal services in your assault and battery case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

 

Tags: 
Criminal Defense

Bomb Threats are No Laughing Matter

We have all heard of high school students who did not wish to take their final exams and laughingly called in bomb threats at their schools to prevent the tests from taking place. A bomb threat is no laughing matter. The perpetrator of a bomb threat will face major legal problems, and the outcome can be severe without the help and advice of an experienced criminal defense attorney.

Recently, the FBI investigated a bomb threat directed toward 12 Massachusetts schools. The threats were made over the phone and affected schools in 15 communities, including Boston. High school students are not the only ones trying to avoid taking a final exam by pulling this prank. A Harvard University student allegedly sent an email that stated bombs were placed throughout the Cambridge campus. Later, the FBI arrested him for the crime. According to a federal bomb threat statute, a federal agent can charge any person who calls or emails a bomb threat. The punishment can be up to 10 years in prison.

Whether a high school or college student, individuals who make bomb threats can face serious trouble. In some cases, a conviction for making a school bomb threat can get a student's driver’s license revoked or get him or her expelled from school. Their parents can be liable for the student's actions in court, as well. Individuals under 18 can be tried as adults in some cases.

Making a bomb threat in Massachusetts can have harsh consequences. A conviction is punishable by up to 20-years in prison and may include a fine of up to $50,000. Massachusetts General Laws Chapter 269, Section 14 states:

"(c) Whoever willfully communicates or causes to be communicated such a threat thereby causing either the evacuation or serious disruption of a school, school related event, school transportation, or a dwelling, building, place of assembly, facility or public transport, or an aircraft, ship or common carrier, or willfully communicates or causes serious public inconvenience or alarm, shall be punished by imprisonment in the state prison for not less than 3 years nor more than 20 years or imprisonment in the house of correction for not less than 6 months nor more than 21/2 years, or by fine of not less than $1,000 nor more than $50,000, or by both such fine and imprisonment. (d) The court shall, after conviction, conduct a hearing to ascertain the extent of costs incurred, damages and financial loss suffered by an individual, public or private entity and the amount of property damage caused as a result of the defendant's crime. A person found guilty of violating this section shall, in all cases, in addition to any other punishment, be ordered to make restitution to the individual, public or private entity for any costs incurred, damages and financial loss sustained as a result of the commission of the crime. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof, however, the court shall consider the defendant's present and future ability to pay in its determinations regarding a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant."

If you or your child is accused of making a bomb threat, the consequences may be serious and life-changing. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that can help your case. He can explain your options and provide personalized legal services in your bomb threat case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

Tags: 
Criminal Defense

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