Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

Complex Issues in Establishing Possession of Child Pornography

A man in Quincy was recently arrested after federal workers executed a search warrant at the man’s residence and located video footage on a computer owned by the man that depicted a child being sexually abused. The man was subsequently charged with possession of child pornography. 

The judge presiding over the case ordered the man to be detained in advance of a hearing. Federal workers, as well as local law enforcement, later executed a search warrant of the man’s residence in an attempt to find more incriminating evidence. The man shares his residence with his parents.

During their search, law enforcement discovered several pieces of electronics including two personal computers in the house’s basement. The man now facing charges told law enforcement that he was the only person who used this equipment. 

Additionally, federal law enforcement discovered two custom-built computers as well as a network drive, a type of storage device connected to a local area network that various devices within the network can then access. 

Notably, one of the computers was determined to contain a folder that held 401 video files that totaled 114 gigabytes of data. The most recently downloaded date for a file stored in the folder was toward the end of March, 2022. An early review of these electronics shows that many of the files depict various forms of child sex abuse. 

The Elements of Child Pornography Charges 

Any type of child pornography charge in Massachusetts is a challenge on multiple levels for the prosecution. While many other crimes like drug-related offenses require some type of corroborative evidence before charges can be brought against you, law enforcement and juries are inclined to believe unsubstantiated evidence against a person related to a child pornography offense. As a result, it is critical to obtain the assistance of a criminal defense attorney as soon as possible after charges are made. This way you can create the strongest defense possible.

What Constitutes Possession of Child Pornography?

If law enforcement finds child pornography on an individual’s computer, the prosecution will then need to establish that the computer was in the person’s possession. The prosecution will also need to establish that the individual knowingly possessed the file. This can introduce some complex issues in cases, which include:

  • Each time a website is viewed, media on the page are downloaded to a hard drive folder. These temporary “cache” files are then used by computers to more quickly load web pages the next time they are accessed by a user. These temporary files can remain on a person’s computer for months or years afterward. If any temporary files show a minor participating in any type of sexual activity, the computer’s owner will be considered in possession of child pornography.

  • People make the mistake of thinking that deleting files on a computer permanently removes them. In reality, these files are not erased. Instead, these files remain on a person’s computer. Until other data is written over these sectors, the files remain recoverable. Certain software can be used to recover files that a person thinks they have deleted by emptying the recycling or trash bin.

  • Some people end up accidentally downloading child pornography because these files unfortunately are prevalent on the internet. Accidentally downloading illegal pornography most often occurs when people utilize peer-to-peer (P2P) programs.

Contact a Sex Crime Defense Attorney

Massachusetts takes sex crimes seriously, particularly though involving children. If you or a loved one is charged with a sex crime involving a child, it is in your best to immediately contact an experienced defense lawyer like Attorney Edward R Molari. 

Tags: 
Criminal Defense

How to Store Your Firearm in Massachusetts Without Facing Charges

Sommerville law enforcement recently made multiple arrests following a shooting that occurred at a convenience store parking lot. Law enforcement executed a search warrant recently for a home in Dorchester and arrested both a 20-year-old and a juvenile for their participation in a shooting. Two additional men were also arrested during the search.  

Fortunately, no one was injured in the shooting. Stray bullets, however, broke several bedroom windows of girls who lived at the complex. The search warrant also resulted in the recovery of several firearms, including one that was fully automatic. Currently, each of the suspects faces multiple gun charges.

The Repercussions of Improper Firearm Storage 

If law enforcement decides to perform a search of your home in connection to your firearm, various charges can be brought against you for not properly storing your firearm. This can ultimately lead to a conviction that results in prison time and even the loss of the ability to obtain a license to have a firearm. 

For one reason, this is because Massachusetts law requires that if a person does not have the firearm immediately in his or her possession (meaning in the individual’s hands or close by where a person has immediate control over the firearm), the individual must appropriately store the firearm. The rationale behind this regulation is to ensure that firearms do not end up in the direct control of children or other people who might use the firearm to harm themselves or others. Not storing your firearm in accordance with this law can lead to a fine and even prison time.

The Two Lawful Ways to Store Firearms in Massachusetts

In the Commonwealth of Massachusetts, individuals are supposed to store their firearms in one of two ways. First, a person might have a tamper-resistant mechanical device directly placed on the gun. This might be a trigger or cable lock or anything else that has a key and combination that prevents individuals who are not authorized to use the firearm from doing so. In Massachusetts, firearm dealers are supposed to inform people about this when they purchase a firearm. A person might also store a firearm in a locked container, which might be a safe, locked vehicle trunk, locked glove box, or lockbox.

This means that if your firearm is simply sitting in a drawer in your house, law enforcement will not view this as lawful storage. You can be found in violation of improper storage regardless of whether you live alone and have no children. Often, this also means that having your firearm in a locked room in the house is often not viewed as sufficient. These situations often revolved around whether the room is secured. Only if your firearm has a tamper-resistant device or is located in a qualifying locked container will it be viewed as properly stored.

Speak With a Firearm Charge Lawyer Today

Various valuable (but complex) regulations in Massachusetts address how people should handle firearms. If you or a loved one is charged with a firearm-related offense, you should not hesitate to speak with an experienced criminal defense attorney. Contact Attorney Edward R Molari today for assistance.

Tags: 
Criminal Defense
Dangerous Weapon
Firearms
Improper Storage of Firearm

How to Respond to a Warrant Out for Your Arrest

Law enforcement in Fall River arrested a man recently on active warrants related to both firearm and drug charges. A Fall River Sergeant reports that a law enforcement officer was on patrol in Fall River at the time the arrest occurred. While in the location, law enforcement observed a man exiting a vehicle that was parked in the parking lot of a McDonald’s. Law enforcement knew at this time that the man was the subject of an active arrest warrant.

The law enforcement officer then requested additional units to help in executing the arrest warrant. Fortunately, the man was then taken into custody on an outstanding arrest warrant without any complications. On arrest, law enforcement found that the man had a firearm tucked into his waistband. The man also had not been issued a license to carry by the Commonwealth of Massachusetts and could not legally possess the firearm. In addition to the weapon, the man was also discovered to be in possession of over 100 Xanax pills for which he lacked a prescription. 

Besides charges related to the outstanding warrant, the man also now faces charges associated with felony firearm offenses as well as a possession to distribute a drug considered a Class A substance.  

If a warrant is out for your arrest, you should not hesitate to speak with an experienced criminal defense attorney. While various methods exist to learn about a charge against you, some of the most common methods of learning that a charge exists against you include being arrested or receiving a summons on the spot. Most of the time, arrests for felonies as well as misdemeanors occur at the time they are committed. 

A summons is often issued for traffic infractions like reckless driving or minor drug offenses. Other times, a person might not face charges related to a criminal offense until hours or weeks after the alleged offense occurs. When an individual is not arrested or a summons is not issued at the time of the offense, law enforcement is not obligated to reveal whether a warrant has been issued. Here is how to respond if you discover a warrant exists for your arrest. 

Contact an Experienced Criminal Defense Attorney

If you learn that a warrant was issued by a jurisdiction, you should promptly contact a knowledgeable criminal defense attorney who will fight to make sure that your rights are protected and that you have the strongest defense available. Retaining a criminal defense attorney who appreciates your situation can provide you with an understanding of whether you can expect to be held in jail or released based on the circumstances associated with your case. A skilled criminal defense lawyer can promptly begin crafting your defense, negotiating with law enforcement and the prosecution, and helping to obtain the best outcome possible. 

Hand Yourself Over to the Appropriate Jurisdiction

After contacting a criminal defense attorney, the next best step is to arrange to turn yourself into the corresponding jurisdiction where you are wanted. If you go to a different jurisdiction, it can delay your release. 

Prepare for a Bond

Based on the nature of your charge, a magistrate might be able to arrange a bond. Some dangerous offenses like murder and rape have presumptions against release. This means that a judge has the choice to not arrange a bond for these charges. If the judge does not arrange a bond, it is critical to have your criminal defense attorney arrange a bond motion.

Avoid Making Recorded Statements

Regardless of whether you are promptly released or held, it is a good idea to avoid making any recorded statements during this process. Anything that you state to a law enforcement officer or an inmate could end up being used against you. If you provide incriminating statements, they can end up being used against you in the government’s case. 

Speak With a Drug Defense Attorney Today

The Commonwealth of Massachusetts takes drug charges very seriously and a conviction can lead to various penalties including jail time and hefty fines. If you or a loved one is charged with a drug crime in Massachusetts, one of the best things that you can do is contact an experienced defense attorney. Do not hesitate to contact Attorney Edward R Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense
Criminal Procedure
Admission/Confession
Bail
Police Interrogation
Bail Revocation
Clerk Magistrate Hearings

How to Respond to a Warrant Out for Your Arrest

Law enforcement in Fall River arrested a man recently on active warrants related to both firearm and drug charges. A Fall River Sergeant reports that a law enforcement officer was on patrol in Fall River at the time the arrest occurred. While in the location, law enforcement observed a man exiting a vehicle that was parked in the parking lot of a McDonald’s. Law enforcement knew at this time that the man was the subject of an active arrest warrant.

The law enforcement officer then requested additional units to help in executing the arrest warrant. Fortunately, the man was then taken into custody on an outstanding arrest warrant without any complications. On arrest, law enforcement found that the man had a firearm tucked into his waistband. The man also had not been issued a license to carry by the Commonwealth of Massachusetts and could not legally possess the firearm. In addition to the weapon, the man was also discovered to be in possession of over 100 Xanax pills for which he lacked a prescription. 

Besides charges related to the outstanding warrant, the man also now faces charges associated with felony firearm offenses as well as a possession to distribute a drug considered a Class A substance.  

If a warrant is out for your arrest, you should not hesitate to speak with an experienced criminal defense attorney. While various methods exist to learn about a charge against you, some of the most common methods of learning that a charge exists against you include being arrested or receiving a summons on the spot. Most of the time, arrests for felonies as well as misdemeanors occur at the time they are committed. 

A summons is often issued for traffic infractions like reckless driving or minor drug offenses. Other times, a person might not face charges related to a criminal offense until hours or weeks after the alleged offense occurs. When an individual is not arrested or a summons is not issued at the time of the offense, law enforcement is not obligated to reveal whether a warrant has been issued. Here is how to respond if you discover a warrant exists for your arrest. 

Contact an Experienced Criminal Defense Attorney

If you learn that a warrant was issued by a jurisdiction, you should promptly contact a knowledgeable criminal defense attorney who will fight to make sure that your rights are protected and that you have the strongest defense available. Retaining a criminal defense attorney who appreciates your situation can provide you with an understanding of whether you can expect to be held in jail or released based on the circumstances associated with your case. A skilled criminal defense lawyer can promptly begin crafting your defense, negotiating with law enforcement and the prosecution, and helping to obtain the best outcome possible. 

Hand Yourself Over to the Appropriate Jurisdiction

After contacting a criminal defense attorney, the next best step is to arrange to turn yourself into the corresponding jurisdiction where you are wanted. If you go to a different jurisdiction, it can delay your release. 

Prepare for a Bond

Based on the nature of your charge, a magistrate might be able to arrange a bond. Some dangerous offenses like murder and rape have presumptions against release. This means that a judge has the choice to not arrange a bond for these charges. If the judge does not arrange a bond, it is critical to have your criminal defense attorney arrange a bond motion.

Avoid Making Recorded Statements

Regardless of whether you are promptly released or held, it is a good idea to avoid making any recorded statements during this process. Anything that you state to a law enforcement officer or an inmate could end up being used against you. If you provide incriminating statements, they can end up being used against you in the government’s case. 

Speak With a Drug Defense Attorney Today

The Commonwealth of Massachusetts takes drug charges very seriously and a conviction can lead to various penalties including jail time and hefty fines. If you or a loved one is charged with a drug crime in Massachusetts, one of the best things that you can do is contact an experienced defense attorney. Do not hesitate to contact Attorney Edward R Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense
Criminal Procedure
Admission/Confession
Bail
Police Interrogation
Bail Revocation
Clerk Magistrate Hearings

Can a Massachusetts Firearm Charge be Dropped?

A man in Boston was recently charged with possession of a firearm without a license as well as improper firearm storage, possession of ammunition, assault utilizing a deadly weapon, disturbing a public assembly, and operating following revocation of a license. 

The man in question is a father who pulled out a firearm at a basketball tournament held in Westford. The man’s bail was later set at $1,000 and then revoked. The man was arrested after law enforcement responded to a call concerning a disturbance. Following law enforcement’s arrival at the scene, witnesses informed them that the man with the gun had fled the scene. Law enforcement was later able to locate the man’s vehicle.

The district attorney’s office later stated that additional investigation revealed that the man’s son was participating in a basketball tournament when the man got into a fight with a parent of an opposing team member. The man in question allegedly displayed a firearm to the opposing parent. Due to the fight, participants left the facility. Videos later posted on social media reveal people ran from the facility after hearing shouts informing others that a firearm was present. 

Police report that shots were not fired. One parent, however, states that there was “more than a disturbance” and children were visibly upset and crying.

If Massachusetts Law Enforcement Questions You About a Firearm 

One of the first steps that you should take if the police begin questioning you about your firearm is to be safe. Being approached by law enforcement has the potential to quickly evolve into a volatile situation. 

If you have any paperwork detailing your right to carry a firearm, you should make sure to provide this documentation to law enforcement. You also should not be afraid to utilize your Fifth Amendment right to remain silent if you are questioned by law enforcement. Gun charges are extremely serious and remaining calm during your encounter with law enforcement can greatly improve the outcome of your situation.

Ask for Help

If you do end up facing firearm charges, one of the best things that you can do is contact a criminal attorney who can help you review your various strategies for responding to the charge. Attorney Molari has helped countless people respond to and achieve successful outcomes with firearm cases.

When it comes to creating a strategy to respond to firearm charges, you should not hesitate to share all critical details with your lawyer. Do not attempt to hide or gloss over any aspect of your situation when speaking with your attorney. 

Contact a Firearm Defense Attorney

Firearm charges can be dropped, but it is not easy to achieve this. If you are interested in having a firearm charge dismissed, one of the best first steps you can take is to speak with an experienced attorney.

If you or a loved one has been charged with a firearm offense in Massachusetts, you should consider contacting an experienced criminal defense attorney. Reach out to attorney Edward R Molari today.

Tags: 
Criminal Defense
Dangerous Weapon
Firearms

What to Do if Your Assets are Seized by the Police

A Massachusetts drug raid recently resulted in multiple arrests and the seizure of hundreds of thousands of dollars’ worth of drugs and cash. The investigation came after complaints were received concerning alleged drug dealing in the area. Some even went so far as to describe the area as a “drive-thru” drug store. Surveillance performed by police substantiated neighborhood complaints and detailed that frequent drug trades were occurring. Additionally, search warrants were secured to search the area for a large quantity of mushrooms as well as THC-containing products and cash. The suspects questioned will be arraigned in Dedham District Court. 

Many times, when law enforcement performs an arrest, they also seize personal assets. Based on the facts surrounding the arrest as well as the type of property seized, you may or may not be able to reclaim your property. Law enforcement may have broad power to seize your  property, but there are steps you can take to reclaim your assets.

Remember, if law enforcement seized assets during an arrest, they must provide you with a receipt that indicates what items they have. If an asset is seized during a police search, the police must complete an itemization of property seized.

Common Reasons Why Massachusetts Law Enforcement Seizes Property

In determining whether you will get your assets back, you should start by asking why Massachusetts law enforcement took them in the first place. Some of the most common reasons why the police take property include:

  • Safekeeping. Law enforcement sometimes seizes assets to safeguard their theft. These cases typically arise during traffic stops. Provided you are not charged with anything and the seized items serve no purpose to law enforcement, the items often can be returned to the rightful owner at the police station. 

  • Forfeiture. Law enforcement sometimes seizes certain assets because they think the assets were either used or obtained during the commission of a crime. If this is true, law enforcement will likely permanently retain the asset. For example, this type of forfeiture might involve drug paraphernalia.

  • Contraband. Contraband includes property that law enforcement seizes because it is a criminal offense to have it. The category of contraband includes illegal drugs as well as unlicensed weapons and counterfeit money. If you are charged with possession of contraband, the police will hold the asset as evidence until your case resolves and then destroy the contraband. 

  • Evidence. Based on how the seizure occurred, some assets might not be contraband or subject to forfeiture but are still necessary to prosecute a criminal case. Property in these situations is often held until the conclusion of the case.

Contact a Drug Crime Defense Attorney

Regardless of the nature of your Massachusetts drug charge, one of the best things that you can do is to obtain the assistance of an experienced criminal defense attorney. Do not hesitate to contact Attorney Edward R Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense
Criminal Procedure

What Should You Not Do While on Bail?

A man who received an acquittal in the firearm-related fatality of a Boston law enforcement officer recently received several unlawful firearm charges while he was waiting for federal sentencing on matters connected to crack distribution and fentanyl. The man was arrested in 2014 by Boston law enforcement after the murder and charged with several offenses including illegal firearm violations while waiting on federal sentencing. Now, the man faces additional charges related to the firearm, which was a Glock that could hold a lot of ammunition. The firearm was taken from a rental vehicle in March 2021 while a young child was seated in the back of the vehicle.  

If you are out on bail, there is a list of things that you should never do until you are no longer on bail. One of the primary things that you should do is stay in close contact with the person who handles your bond. You should also learn about any real or potential updates to your status or any details that happen while your agreement is being held. The following are some of the most important things that you should never do if you are released on bail.

Do Not Use Alcohol or Drugs 

Illegal substances as well as alcohol can lead a person into all types of trouble. Both alcohol and drugs influence your decision-making and can lead you to commit poor choices. Remember, should problems occur while you are on bail, you might lose your ability to remain on bond. Even though the temptation is strong, do not give in to alcohol or drug use while on bond.  

Do Not Engage in Criminal Activity

Following a bail release, you simply cannot afford to get arrested again. If anyone you know, even a friend or family member, was a bad influence on you before, you should keep your distance from them. While it might seem like a challenging thing to do, it is the best way to make sure you stay safe and avoid any complications with your bail status.

Do Not Lie to Your Attorney

Your lawyer must know the truth about your situation. This way, your lawyer can make sure that you have the strongest defense strategy possible. This means that your lawyer needs to know all of the critical details about your arrest and bail. Any dishonesty to your lawyer could leave you in a much more dangerous position. 

Never Skip Out on Bail

Not showing up for a scheduled court date constitutes skipping bail. A person can also skip bail if they leave the area without first obtaining the judge’s permission. If you skip bail, the court will then issue a warrant for your arrest. A bail enforcement agent will then be tasked with apprehending you. 

Obtain the Assistance of a Firearm Defense Attorney

The state of Massachusetts takes firearm offenses seriously. That is why if you or a loved one is charged with a firearm defense in Massachusetts, you need to speak with a skilled and experienced lawyer right away. Contact Attorney Edward R Molari today for assistance.

Tags: 
Criminal Defense
Assault with Dangerous Weapon
Firearms
Drug Trafficking
Bail
Bail Revocation

How Do You Know Someone is Really a Police Officer?

A man in Massachusetts impersonated a law enforcement officer. The man threatened to arrest a woman if she did not agree to have sex with him for money. The man’s vehicle was also equipped with a police sticker and a police symbol on the windshield, and the man wore a knit cap that said Boston Police.  

Ultimately, the woman escaped from her vehicle and the police impostor. The man was later arrested and detained by Boston law enforcement. He now faces charges related to paying for sexual conduct as well as impersonating law enforcement.

Unfortunately, a large number of police impersonators are committing violent offenses all across the country. Many people have been left wondering how they can quickly distinguish a real police officer from a fake one. The following are some important details that can help you prevent being taken advantage of by an impostor.

At the Front Door

Fortunately, some clever clues can help you distinguish whether the person at your front door is a police officer. First, you should check to see if the officer knocks and announces their presence. You should also inspect the officer’s uniform, which should include things like equipment and a police badge. Additionally, you should know that companies have largely prohibited the sale of law enforcement badges and uniforms to people who are not police officers. If you are at all able to assess that the person at your door is wearing a fake uniform, you definitely should not open the door, and instead call 911. 

Online 

There are many people online who have grown comfortable with impersonating law enforcement. On a person’s profile, you should look for vague references to previous positions as well as a profile photo showing an eagle, flag, or another symbol instead of simply a headshot. Not everyone who looks like police online is a real member of the force. 

Traffic Stops 

The quickest way to spot a person impersonating a police officer is to distinguish a fake cop car, which might be aged or running poorly. You should also look for reflective decals on both the side and hood of the vehicle. You should also remember, flashing LED bar lights are required in combination with flashing head and tail lights on most police vehicles. Most police vehicles are also equipped with sirens to gain the attention of the person who is pulled over. If a car looks suspicious, remain inside your locked vehicle and call 911 to confirm the alleged officers’ identities.

Stay Safe

If you are worried that someone who is presenting as a police officer might not be one, you should take some precautions. For example, you might be able to utilize a 911 dispatcher to verify the officer’s presence. Cases abound of people pretending to be police officers. It is up to you to remain vigilant. A true officer should not object to your verifying their identity by calling 911. 

Contact a Compassionate Criminal Defense Attorney

Being arrested can be a frightening experience. If you find yourself in such a situation, one of the best things that you can do is contact an experienced attorney. Contact Attorney Edward R Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense

Why You Should Never Evade the Police

A long investigation into narcotics throughout Massachusetts recently resulted in two arrests. At the end of January, multiple law enforcement agencies who had been conducting surveillance on a stash house saw a man and woman leave the house and get in a car. 

Law enforcement then tried to conduct a traffic stop, which saw the motorist accelerate in reverse and collide with an unmarked police vehicle. The motorist continued driving in reverse to hide the vehicle in a nearby house’s driveway.  

Ultimately, the man was apprehended by the police when he tried to re-enter his house. Following the arrest, law enforcement discovered a handgun as well as a substantial amount of fentanyl which warranted a trafficking charge. The woman was discovered to have narcotics on her while she remained in the vehicle.

The arrest saw over 70 grams of fentanyl, over 70 grams of cocaine, methamphetamine pills, Xanax, several firearms, ammunition, cash, and other drug paraphernalia seized.

The suspect was ultimately charged with various offenses including conspiracy to violate drug law, assault and battery on a law enforcement officer, and trafficking both cocaine and fentanyl. 

It is easier than many people think to end up charged with resisting arrest. A person need not even have used physical force to end up facing these charges. Instead, making your body go limp or stiff when police are trying to place handcuffs on you can lead to these charges. 

What Constitutes Resisting Arrest?

You understandably want to avoid facing resisting arrest charges if you simply argued with the police over the nature of your charge. Many times, though, law enforcement will wrongfully escalate a situation and use excessive force to arrest a person, even in the process of making a legal arrest. Law enforcement is not permitted to use excessive force when arresting an individual. 

Evading the police is against Massachusetts laws. In Massachusetts, evading arrest constitutes any act of trying or actively eluding law enforcement after law enforcement has made clear their intention to arrest you. Regardless of whether you flee on foot or with a vehicle, it is against the law to evade the police. Furthermore, law enforcement might believe that a person is evading arrest when this might not be that person’s intention. It is often up to the prosecution to establish that a person intended to evade arrest. 

Factors that Influence Resisting Arrest Charges

Various factors can end up influencing the outcome of a charge associated with evading law enforcement. Some of these factors include:

  • Whether law enforcement was in uniform at the time of the arrest

  • Whether language barriers exist that made the arrest unclear

  • Whether the person who evaded arrest was aware that law enforcement vehicles were attempting to pull the person over 

Remember, if you evade arrest, you could almost certainly end up facing more serious charges than if you acted in a more agreeable nature after you found out that law enforcement wants to arrest you. 

Obtain the Assistance of a Compassionate Criminal Defense Attorney 

If you or a loved one has been charged with a drug offense in Massachusetts, you could end up facing serious penalties. One of the best ways to proceed in such a situation is to 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

Three Things to Know About Obstruction of Justice Charges in Massachusetts

A Massachusetts court recently sentenced a man who has been dubbed a “pimp” who participated in the sex trafficking of multiple individuals, including one minor who was a teenager. The man was sentenced to 138 months in prison followed by five years of supervised release. The duration of the prison sentence was suggested in memos filed by both the defense and prosecution.  

The sentencing comes after the man was arrested in February 2020 for several charges associated with sex trafficking. Several months later, the man was charged with additional offenses involving obstruction of justice as well as witness tampering after he was found allegedly directing “co-conspirators” to contact victims and try to either alter or withdraw testimony.

In November of 2021, the man pled guilty to a range of offenses including sex trafficking of a minor, transportation of a minor for prostitution, two counts of conspiracy to commit sex trafficking, fraud and coercion, witness tampering, and the obstruction of justice.

Because obstruction of justice is a particularly serious offense, this article reviews some important details that you should appreciate about obstruction of justice charges in Massachusetts.

What Constitutes Obstruction of Justice?

Obstruction of ustice is a common-law offense in Massachusetts. Because the crime is a common-law offense, the elements of the crime are not established by a statute. As a result, to establish that a person has committed the offense, the prosecution in Massachusetts must establish beyond a reasonable doubt the following elements:

  • Law enforcement was investigating a suspected crime

  • The person charged with obstruction was aware of the investigation

  • The person charged with the offense in some way attempted to convince a witness not to cooperate with law enforcement performing the investigation, lied to law enforcement about the investigation, or altered, destroyed, or hid evidence related to the offense

  • The person charged with the offense interfered with the investigation in a way that was knowing or wilful

Obstructing Justice is a Federal Offense

Obstructing justice is a federal offense. Federal laws address various ways that a person can obstruct justice. This section of federal law applies to various actions including tampering with witnesses, obstructing hearings, or using threats to prevent evidence production.

Common Examples of Obstruction of Justice

A person obstructs justice when that individual interferes with those actors involved in a criminal investigation. If law enforcement brings a person in for questioning or questions that individual and that person lies about the offense, the individual could very likely be charged with obstruction of justice.

If a person burns or otherwise destroys evidence related to a crime, that individual could end up facing obstruction of justice charges. Destroying property could be viewed as an obstruction of justice.

A person will not be charged with obstructing justice if that person refuses to answer questions that law enforcement has about a criminal offense. Remember, every person can raise their Fifth Amendment right to silence and decline to answer questions law enforcement has about an offense. 

Obtain the Assistance of a Compassionate Criminal Defense Attorney

Being convicted of a sex crime or related offense in Massachusetts can carry serious penalties. One of the best ways to respond in such a situation is to promptly contact an experienced criminal defense lawyer. Contact Attorney Edward R Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense

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