Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

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

Interacting With Law Enforcement

A man from Brookline was recently arrested for firearm charges after law enforcement responded to a report of a vehicle being erratically operated on Interstate 95.

The Massachusetts State Police reports that around 10:30 pm on a Saturday, a law enforcement officer was told to go to a weigh station on Interstate 95 after witnesses claimed that a vehicle there was being operated erratically. The law enforcement officer spoke with the man who was driving the vehicle and saw a handgun equipped with a large drum magazine inside the vehicle as well as a handgun under the driver’s seat. 

Three men were subsequently indicted on charges while the officer investigated the vehicle and additional law enforcement arrived. A law enforcement officer found various things inside the vehicle, including a rifle, handguns, magazines, firearm components, and ammunition.

The man was found to not have a license to carry firearms and was later booked on firearm charges. As a result of his behavior, the man received various field sobriety tests, and law enforcement found that he was incorrectly operating a motor vehicle while under the influence of drugs.

The driver was held on a $100,000 bail and is set to be arraigned in court. 

An encounter with law enforcement is stressful even if you are sure you have not done anything against the law. Interactions with law enforcement often occur in three situations -- in public, on private property, and at vehicle stops. Some of the most important pieces of advice to remember during vehicle stops include the following.

Be Calm at All Times

Make sure to maintain your composure and remain respectful of law enforcement. If they think that you are a threat or that you are not acting reasonably, they might respond with force.

Be Aware of How You are Acting

Law enforcement is trained to read people’s behaviors, which is why you should be aware of how you behave when around law enforcement. Even something that might seem like a small gesture can end up giving law enforcement probable cause upon which to perform an arrest. Keep your hands where law enforcement can see them and avoid aggressive stances. 

Ask if You are Free to Leave

If you do not have anything to say to law enforcement and find that their questions are not relevant, you should ask them politely if you can leave.

Remain Cautious of Your Surroundings

One of the best things that you can do is to remain alert to your surroundings. Take notes of what the law enforcement officer looks like as well as their badge number, license plate, and other details.

Do Not Hesitate to Contact a Firearm Defense Lawyer

A conviction for a firearm offense in Massachusetts carries serious penalties. One of the best ways to respond to such a situation is to obtain the assistance of an experienced attorney. Contact Attorney Edward R Molari today for assistance.

Tags: 
Criminal Defense

Advice on Raising Defenses to Sex Crimes

Four men in Massachusetts recently attempted to set up sexual encounters with girls below the age of 18 and were arrested by federal law enforcement. The men were later charged with trafficking a child. 

The four men were held pending detention hearings. One of the men agreed to voluntary detention during a hearing. One of the men was fired from his position as an anesthesiologist at Tufts Medical Center. The man denies the claims made against him and looks forward to disputing these claims in a court of law where he is confident that he will be exonerated.

The suspects responded to a website utilized to advertise commercial sex acts and then went to meet with an undercover law enforcement officer who claimed that they were offering 12 and 14-year-old girls in exchange for payments of cash.

These arrests reveal that the trafficking of children is occurring daily. The prosecuting attorney reports that a great demand exists for this criminal behavior.

If the men are convicted of these crimes, they face mandatory minimum sentences between 10 to 15 years in prison.

If you are charged with a sex crime, you should promptly hire a criminal defense lawyer. Because all sex crimes are different, it is critical for a lawyer to review the details of your case and discuss your unique options with you.

Sometimes People Bring False Charges

As difficult as it is to think that an individual would falsely accuse another of a sex crime, this is not uncommon. One of the best steps that you can take to build an effective defense is to consider the motivation of the person who brought the charges against you. Some reasons that people might have the motivation to bring false criminal sexual offense charges include:

  • Custody disputes involving children
  • Heated divorces 
  • Extortion
  • An attempt to cover up consensual sex about which a person wants to avoid having to ruin their reputation

Other Ways to Defend Against These Charges

A skilled criminal defense lawyer carefully collects evidence and creates a strong defense for the client. Some of the most common strategies for defending against sex crime charges include the following:

  • The person being charged is innocent, which might be shown through an alibi. An alibi is an excuse that a person was somewhere else or doing something else at the time that the crime occurred. 
  • A person may argue that the person bringing the charges misidentified them.
  • Sexual assault presumes that a sex act occurred without the victim’s consent. If consent to an act exists, then a sexual assault cannot be found to occur.

Speak With a Sex Crimes Defense Lawyer

If you or a loved one has been charged with a sex crime, you could be facing serious penalties. One of the best ways to respond to such a situation is to contact an experienced criminal defense lawyer. Contact Attorney Edward R Molari to schedule a free case evaluation.

Tags: 
Criminal Defense

Steps Can Be Taken to Mitigate Sex Charges

A Salem landlord was convicted of sexual assault in October. The incident occurred when a woman rented a room in Medford so her daughter would not have to change schools once they became homeless. The man has since been sentenced to at least a year and a half in prison.  

When sentencing the man, the judge took various details into consideration, including that the man did not have a criminal record and that the victim was particularly vulnerable.

The man must now serve one year and six months before seeking parole. Following release from prison, the man will spend several years on probation with various conditions, including registering as a sex offender.

Massachusetts has some particularly harsh sex offense penalties, which can make it challenging to fight the charges that you end up facing if you are convicted. If the state prosecution views your case as weak, they might negotiate a lesser offense or something non-sexual that does not require a person to register as a sex offender for the rest of their life. For example, a molestation charge might be reduced to one of sexual battery, which does not require a registry. 

Many sex offenses in Massachusetts carry a lifelong penalty. As a result, the legislature put in place regulations that let either the prosecution or judge go below the mandatory minimum if certain elements are proven, including lack of previous sexual convictions. 

The Difference Between State and Federal Registries

No real difference exists between the Massachusetts state and federal sex offender registry. Regardless of the register one must use, the individual must register as a sex offender for life. If an individual moves, they might be required to de-register with their old county and register with the new one.

How a Sex Crime Lawyer Can Help Your Case

If you are facing sex crimes charges, you should retain the services of an experienced criminal defense lawyer. The penalties associated with sex crimes are substantial, which include registry as a sex offender. Additionally, the stigma of being a sex offender lasts for a person’s lifetime. If you work with children, even an allegation of a sex offense can create career trouble. Lastly, a skilled criminal defense lawyer can help parties charged with sex crimes prevail in their cases. 

Contact a Sex Crimes Attorney Today

If you or a loved one has been charged or convicted of a sex offense, you should promptly obtain the assistance of a criminal defense lawyer. Contact Attorney Edward R Molari today for assistance.

Tags: 
Criminal Defense

What is An Accessory After or Before the Fact?

Due to raids of a Norton apartment and a Quincy location, state law enforcement comments that they seized nearly $100,000, a firearm, and many drugs belonging to an individual who was recently in a fatal Taunton car crash. 

The raid happened at the apartment where the man resided with his girlfriend and suspected drug trafficking accomplice who kept many drugs, including fentanyl. The girlfriend, who does not have a criminal record, has since been arraigned on charges.

The man was held without bail and faces various charges, including manslaughter due to the car crash. 

Our criminal defense lawyers appreciate the challenges faced by people who are charged with accessories in connection to a crime. During the entire criminal law process, our attorneys will explain your rights and the various legal options.

Any individual who facilitates a crime can be classified as an accessory in Massachusetts. A person is viewed as an accessory before the fact if that individual in any way helps the principal actor who committed the felony offense. As the names suggest, one refers to helping before a criminal offense, and the other is for helping a principal after the crime has already been committed. When defending people who are charged as accessories to a crime, various elements must be considered, including where the offense occurred and the severity of the offense.

What it Means to Be an Accessory to a Crime

The law states that an accessory cannot be charged without the principal actor also being charged. This approach, however, has evolved over time. Lawmakers in Massachusetts rejected this approach and wrote into law that even if the principal is not facing charges, an accessory can still receive a conviction. People who are charged as accessories should receive charges in the county where the crime was committed rather than where they provided help.

The Elements of Being Convicted as an Accessory

During a trial, it is a good idea to establish various elements to prove that a person is an accessory. These elements include the following:

  • A felony must be shown to have been committed. The crime must be based on the notion that a felony was committed, which must be shown during the trial.
  • The prosecution must establish that the defendant intended to help in the crime’s concealment or commission. The law recognizes that it is possible for an innocent party to inadvertently assist a guilty party in the commission of a crime without appreciating the consequences of his actions.
  • The act committed by the accessory must have either helped with the crime’s commission or concealment. An exception exists for people who are an accessory after the fact.

Speak With a Drug Crime Defense Lawyer Today

If you or a loved one is facing a drug charge, one of the best things that you can do is promptly obtain the assistance of an experienced criminal defense lawyer. Contact Attorney Edward R Molari today to schedule a free case evaluation. 

Tags: 
Criminal Defense

Should You Talk to the Police?

A man in Melrose was recently arrested after a shooting that injured two individuals. The man now faces various charges, including armed assault, assault and battery, and possessing a firearm without a license.  

The man’s arrest occurred following a several-agency investigation. Law enforcement on the scene soon located two individuals who had incurred gunshot wounds to the legs.

Following the shooting, the investigation quickly revealed the man as allegedly committing the crimes. The man’s arrest occurred without incident.

Remember Your Fifth Amendment Rights

Under the Fifth Amendment, no individual can be compelled in a criminal case to be a witness against themselves. Consequently, you should never speak to law enforcement without first speaking with your lawyer. Law enforcement is skilled at obtaining admissions from parties who have been arrested. If you are an innocent party, law enforcement will utilize various inconsistencies in your statements to show your guilt.

For example, the police might take statements out of context or misinterpret what you said. Anything you say can be used against you later on in a court of law to prove your guilt. 

Many times, the police will spend hours interrogating you and examining the details of your case before writing down a few critical sentences they remember you saying. Law enforcement has been known to paraphrase comments. The best course of action is to say nothing and ask for a lawyer. 

Why You Should Not Speak to Police Without a Lawyer

When you speak to the police without an attorney present, you likely do not know every criminal law and statute, criminal procedure, evidence law, and case interpretation. While you might think that you are escaping an arrest by talking to law enforcement, you might be inadvertently admitting to a criminal offense you did not know you committed.

Not speaking to law enforcement does not make you look guilty. Instead, not speaking to the police will make you look smart. You have a constitutional right to an attorney, and you should assert this right. After you retain a lawyer, the attorney will act as a buffer between you and law enforcement. Your attorney's job is to ensure you do not say or do anything to hurt your case. 

If a law enforcement officer asks you about a crime, you should tell the officer politely that you would like to assert your right to remain silent and that you would like an attorney. If you state these two things, the pressure that law enforcement puts on you to speak goes away, and they cannot ask you additional questions. 

After you retain a criminal defense lawyer, they will likely promptly contact the police and tell them that the lawyer now represents you. The attorney will then discuss the investigation and receive all of the crucial details about what is going on. While each case is unique, a skilled defense lawyer can help you navigate the various issues that arise during the introduction of criminal charges and the pursuit of a conviction.

Speak With a Compassionate Firearm Defense Lawyer

Following a criminal charge, no matter the offense, one of the best things you can do is obtain the assistance of an experienced attorney. Contact Attorney Edward R. Molari today.

Tags: 
Criminal Defense

Pages