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How Long Will It Be Before My Criminal Case is Over

Having a pending criminal case in Massachusetts can be a very unsettling experience. You might not be able to sleep. You could have trouble concentrating at work. Your social life might be impacted. Most people simply can’t control the constant worrying. Consequently, I am often asked “how long will it be before my criminal case is over?”. The answer varies depending on your particular case. This article examines factors that may expedite or delay the process of resolving criminal cases. Continue Reading

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Default On Probation

Being on probation is in some instances worse than having an open case. You will likely have obligations to the probation department that have been ordered by the Court. You might have to pay monthly fees. You may have to make restitution payments on a regular basis. You could be obligated to report weekly, monthly or even daily. Drug testing or psychological evaluations are possibilities. You might have to abstain from otherwise legal activities as a condition of probation. If you do not comply with the court ordered conditions your probation officer can issue a probation violation notice requiring you to go to court and explain why you have failed to honor your probation obligations. If you then fail to appear in court a warrant will issue. If you are in default on probation and there is an outstanding warrant there are some things you can do to help yourself. Continue Reading

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Is The Smell of Pot Enough For a Search

Whether pot should be legal is a hot topic across the country. Several states have enacted laws legalizing the use and possession of marijuana, and many other states are considering similar legislation. Many think that Massachusetts may become one of the next states to legalize pot, and marijuana is already legal in the Bay State for medical use. Possession of marijuana for personal use has been decriminalized in Massachusetts, and being caught with one ounce or less in your possession is a civil offense and requires the payment of a fine of no more than $100. Getting caught with more than an ounce for personal use is a misdemeanor and could carrying some jail time and a fine. Significant jail time and hefty fines still exist for those individuals who get caught with a large amount of pot in their possession. So a question in marijuana drug cases that seems to arise is “is the smell of pot enough for a search?” Continue Reading

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Defend Yourself Against The Possession of Firearms And Narcotics

Firearm laws are clearly defined and strictly enforced in Massachusetts. Anyone wanting to legally possess or carry a firearm must follow strict protocol and carry a firearm identification card, or FID. While gun violation penalties are serious, they are increasingly severe in the presence a controlled substance. If you find yourself facing charges involving both a firearm and controlled substance, contact a criminal defense attorney right away. This post examines how you might defend yourself against the possession of firearms and narcotics. Continue Reading

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Default Warrants and Bail Hearings in Massachusetts

If you fail to appear in court when scheduled to do so you will be defaulted. This may or may not be your fault but regardless you can assume that if you are in default an arrest warrant has issued. So naturally, when you finally do appear in court you can expect that the issue of bail will arise and you will have to convince a judge to release you or to set an affordable, modest bail. Default warrants and bail hearings in Massachusetts go hand in hand. This article looks at some issues associated with both and how you can help yourself when you are in default on a criminal case. Continue Reading

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Restraining Order Defense Attorney in Massachusetts

If you have been served with a protective order in Boston, you are not alone.  Every year, thousands of Massachusetts citizens, mostly men, are falsely accused of abuse of many kinds, resulting in restraining orders being issued against them.  But with the right information and legal counsel, you can defend yourself against the alleged plaintiff’s accusations. Hiring the right restraining order defense attorney in Massachusetts might be the best decision you ever make. Continue Reading

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In Massachusetts there is a major difference between possession of drugs and possession with the intent to distribute drugs. With the exception of marijuana possession with the intent to distribute drugs is a felony. Law enforcement can be aggressive by charging people with drug felonies at times when only possession of the substance should be charged. Frequently people charged with Massachusetts drug felonies retain me to fight the charges claiming they possessed the drug for personal use and never intended to distribute the substance. This is common and has prompted me to write on the difference between possession and possession with intent to distribute drugs in Massachusetts.

The Difference Between Possession and Possession With Intent

The Difference Between Possession and Possession With Intent

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The Lawrence Eagle Tribune reports that a Webster woman has been charged with stealing the identity of 22 individuals, some of which belonged to patients at the hospital where she worked. Katherine Benitez, a 54-year-old employee of University of Massachusetts Memorial Medical Center, located in Worcester, was fired earlier this year after accessing the personal files of more than 2,400 patients at the hospital. She later used the identity of 9 of those patients, and many other stolen identities to purchase utility services and cellular telephones. At this time, the police believe that Benitez’s daughter and the daughter’s boyfriend are also involved in the identity theft scheme as well. Beneitez is being changed with conspiracy, larceny, forgery and multiple counts of identity fraud.

Massachusetts Identity Theft Defense Lawyer

Massachusetts Identity Theft Defense Lawyer

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Protect Yourself Against Restraining Order Abuse

In an ideal world, a restraining order would serve only to protect an innocent party from a former partner’s acts of abuse. However, the court system is designed to look out for the rights of women and often allow an accuser to manipulate the law in service of their own agenda. Police are trained to act upon any reported violation of a protective order and will assume the guilt of the accused, despite the legal premise of innocent until proven guilty. To protect the safety and welfare of the alleged “victim,” courts will often disregard the rights of the accused.  The post focuses on restraining order abuse and how you can protect yourself from it.  Continue Reading

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If I Get A Summons Or A Subpoena Do I Have To Go To Court

Aside from lawyers not many people want to go to court. The thought of being called as a witness can be intimidating. The majority of people simply don’t want to get involved in criminal legal matters. Very few people want to testify against someone. No one wants to take time out of his or her day to wait around a courthouse, possibly for hours, only to be inserted into other people’s problems. As such, it is not surprising that I get asked the question: “if I get a summons or a subpoena do I have to go to court?”. This post examines answers to that question in Massachusetts. Continue Reading