Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

National Internet Safety Month

June is National Internet Safety Month, and the month brings awareness of the need for online safety and how we can protect everyone, especially children, from the dangers of the Internet. The Internet is a modern technological advancement that impacts our lives in many positive ways, but it also can be a useful tool for criminal activities. The Internet creates many hazards and risks that can threaten the safety of families and children.

Millions of children under the age of 18 are utilizing the Internet each day, and many are exposed to a variety of risks that may include:

  • Threats or harassment

  • Cyberbullying

  • Sexual exploitation and solicitation

  • Exposure to sexual content or messaging

National Internet Safety Month is designed to educate parents about the importance of teaching their children about being safe and responsible users online and how to safeguard themselves against perpetrators of internet crimes.

Kids will spend more time online during the summer months while school is out. This time will give more children the opportunity to be exposed to harmful material and dangers online. Here are some tips parents can share with their children regarding how to be safe and responsible online users:

  • Be Careful of Sharing Information: Be smart about who they socialize with and what they send. Sharing provocative or risqué information online can damage your reputation and threaten your future because people may use the information against you. Be careful not to share personal information online.

  • Be Considerate of Others: Treat people as you would want to be treated yourself. Do not get involved in cyberbullying and other inappropriate behaviors that can harm other people.

  • Be Wise about Meeting and Greeting: Do not meet in person with strangers from the Internet.. Also, get to know people you meet online before attempting to meet with them. Once you have gotten to know them, if you do decide to meet in person, bring a friend along and always meet in a public setting, such as a restaurant or community event.

Indications of Risk Online

According to the FBI, here are some signs that may indicate your child may be at risk online:

  • Your child spends large amounts of time online, especially at night.

  • Your child has pornography on his or her computer.

  • Your child receives calls from people you do not know.

  • Your child makes phone calls to phone numbers you do not know.

  • Your child uses a variety of email accounts or user IDs.

  • Your child hides his or her internet activities.

  • Your child receives mail, packages, or presents from someone you do not know.

Internet Crimes and Punishment

Kids can be victims or perpetrators of internet crimes. Internet crimes such as sexting, cyberbullying, inappropriate sexual encounters, and other online violations happen every day. Individuals found guilty of internet crimes may face harsh punishment.

If you or your child have been charged with committing an internet crime, you need to contact a criminal defense attorney. The consequences can be devastating and life-changing. Boston Criminal Defense Attorney Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

 

Public Order Crimes

Crimes against public order uproot social norms or customs. They are contrary to what a normal or civilized society views as appropriate behavior. Public order crimes do not conform to the societal morals and values of a community. When one commits these types of crimes, they usually are not contributing to the good of society and often lead to the detriment of those involved. These crimes go against societal standards of right and wrong and can hinder or disrupt a society's way of life. If you are charged with a public order crime, you need to speak with a criminal defense attorney immediately.

Types of Public Order Crimes

A person can be charged with public order crimes if the behavior is harmful to the public at large. Some of the offensive behavior that falls under crimes against public order may include:

  • Prostitution: Selling sexual acts or favors in exchange for compensation.

  • Paraphilia: Abnormal sexual or deviant sex acts in public view.

  • Open drunkenness: Publically displaying intoxication or drunken behavior.

  • Drug Offenses: Selling, using, or distributing drugs in public.

  • Disorderly conduct: Rowdy and rude public behavior.

  • Underage sex: Minors engaging in sexual activities.

  • Disturbing the Peace: Disrupting a formal gathering or event.

  • Pornography: Publicly viewing pornographic pictures and messaging.

  • Inappropriate settings for sexual expression: Engaging in sexual acts in a public park, bus, or other public settings.

Punishment for Public Order Crimes

Punishment for crimes against public order varies according to the crime committed and the circumstances surrounding the incident. If the public order offense was minor, one may receive a misdemeanor charge or citation. Individuals convicted of lesser public order crimes may have to pay a fine, serve a short stint in a county jail, or perform community service.

More serious crimes may result in felony charges. Offenders will have to pay higher fines and serve longer time in jail. One who continues to commit serious crimes of this nature may have to face stiffer penalties and consequences.

Defenses for Public Order Crimes

When charged with crimes against public order, your criminal defense attorney can build a credible defense for your bizarre actions. These defenses may state that one was under mental duress, intoxicated or exemplifying self-defense during the time of the incident or arrest. Your attorney will know how to present these defenses in a way that will enhance your case and not hurt it.

Legal Help for Public Order Crimes

Public order crimes can become serious offenses when they are not properly addressed with legal counsel and expertise. They may tarnish your public record and image for life. Public order convictions may keep you from employment or housing opportunities, too.

If you are charged with a public order crime you need to contact a criminal defense attorney. The consequences can be devastating, costly, and embarrassing. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case.  Contact Attorney Edward Molari at 617-942-1532 for a free consultation.

 

Mail Theft is a Serious Offense

 

You may not be the only one waiting for your mailman to deliver your mail each day. Mail thieves are looking out for the mailman and waiting to steal your mail, too. The United States Postal service handles millions of pieces of mail each day. This high volume of mail gives thieves the opportunity to steal millions of pieces of mail each day, too. Mail theft is a serious offense. If you have been charged with mail theft, you should contact a criminal defense attorney.

Reasons for Stealing Mail

Mail theft happens when an individual steals mail that does not belong to him or her. These unscrupulous persons steal mail for a variety of reasons that may include:

  • Credit Card Applications

  • Checks or Money orders

  • Banks Statements

  • Prescription drugs

  • Personal Identifying Information

How Thieves Steal Mail

Thieves steal from postal collection boxes, apartment mailbox panels, or neighborhood delivery and collection boxes at residences. Thieves often pry open mailboxes inside the lobby of post offices and multiple-slot postal lock boxes in neighborhoods. Thieves may break into a postal delivery truck to counterfeit postal-box keys or steal mail that has not been delivered.

Protecting Yourself from Mail Theft

The United States Postal Service recommends that people make it more difficult for thieves to steal their mail and offer the following suggestions:

  • Do not send cash through the mail

  • Immediately remove delivered mail from your mailbox

  • Ask a neighbor to pick up your mail when you are on vacation

  • Request the post office to hold your mail when you are away for a long time

  • Deposit mail in a mail slot at your local post office

  • Start a community watch program in your neighborhood

Punishment for Mail Theft

Because the United States Postal Service is a federal agency, mail theft is considered a federal crime. According to the United States Code 18 Section 1708, federal mail theft is a felony. Being charged with stealing mail could land you in federal prison for up to five years and cause you to pay a fine up to $250,000. If you have been charged with mail theft, you should contact a criminal defense attorney who can create a solid defense.

In addition, you could face other charges depending on the nature of the theft. If personal identifying information was stolen and utilized, the perpetrator could face an identity theft conviction. Personal identifying information may include the following:

  • Credit Card Account Information

  • Social Security Numbers

  • Tax Identification Numbers

  • Driver's license numbers

  • Bank Account Information

  • Date of Birth

  • Addresses and Telephone Numbers

  • Employee or School ID Numbers

  • Passport Identification Information

Legal Help for Mail Theft Accusations

If you are charged with mail theft, you need to contact a criminal defense attorney. The consequences can be devastating and costly. Plus, you could face federal prison time for your actions. Boston Criminal Defense Attorney Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact Attorney Edward Molari at 617-942-1532 for a free consultation.

Serious Firearm Charges Hinge on Illegal Search

According to the Boston Police twitter feed:

  • At about 3:43 pm on Tuesday, June 20, 2017, members of the Youth Violence Strike Force . . . observed a black motor vehicle operating . . . make several illegal turns . . . . [O]fficers stopped the car [and] . . . recognized two of the occupants from previous interactions. Fearing the presence of weapons, officers instructed all occupants to exit the car. As the rear occupant was exiting the vehicle, officers observed a firearm on the floor near his feet.

From the recovery of this one firearm the police generate six charges and two arrests, none of which should be allowed to stand up in court. 

Why did the police ask the driver and passenger to exit the vehicle?  Because they "recognized two of the occupants from previous interactions." 

Under Article XIV of the Massachusetts Declaration of Rights, exit orders during routine, lawful stops for ordinary traffic violations must be justified by reasonable articulable suspicion that the officer's safety, or the safety of others, is in danger.  In 1997 the Supreme Judicial Court held that "a routine traffic stop must end on the production of a valid license and registration unless the police have grounds for inferring that 'either the operator or his passengers were involved in the commission of a crime . . . or engaged in other suspicious conduct.'”

The only evidence the police had here was that the driver failed to signal a few turns.  That's not reasonable suspicion as to anything criminal, and for certain not a reason to tell the occupants to exit the vehicle.  Plain and simple, the officers' order that the vehicle's occupants get out was illegal, the firearm should be suppressed, and the defendants should be sent home.

 

 

 

Obstruction of Justice is a Crime

The phrase "obstruction of justice" is making headlines across the national media, as legal experts and political commentators continue to debate over whether or not key U.S. Government officials are allegedly involved in obstruction of justice surrounding the firing of an FBI director in the middle of a government investigation. While the legal community and a criminal defense attorney may be familiar with the phrase, many everyday people want to know what the term means.

Definition of Obstruction of Justice

Obstruction of justice is a crime that involves interfering with criminal procedures related to the administration and due process of the law. An individual can be found guilty of obstruction of justice when he or she intentionally tries to impede or affect an investigation with a goal to cover up evidence or guilt. It is a serious crime to knowingly or willfully stand in the way of a criminal investigation or prosecution.

Lying to Law Enforcement

Intentionally making untrue statements to a federal law enforcement agent during an investigation is considered obstruction of justice, and it is also a felony. One could face a long prison sentence for lying to a federal agent.

Hiding or Destroying Evidence

If you intentionally hide or destroy evidence in an effort to stop an investigation, you have committed obstruction of justice. When you hide, change or destroy any documents, records or other evidence during an investigation, you may face several years in prison.

Common Law Obstruction

Common law obstruction involves interfering with a criminal investigation. This act will punish individuals who intentionally try to influence or stop an investigation. One can be charged with common law obstruction if he or she tries to persuade a witness not to testify. You can be charged with this crime even when it does not involve witness intimidation.

In Massachusetts, obstruction of justice is a common law crime, which means the elements of the crime is not set by a certain statute and can be changed to fit the particular crime committed. In order for a person to be convicted of obstruction of justice, the prosecution must prove the following elements:

  • The defendant knowingly attempts to interfere with an investigation.

  • The defendant was aware an investigation was taking place.

  • The defendant intentionally tried to persuade or advise a witness to lie, destroy, hide, or change evidence in an investigation.

  • An alleged crime was being investigated by law enforcement officials.

Punishment for Obstruction of Justice

According to, 18 U.S.C. § 1519 - U.S. Code, "Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both."

If you are charged with obstruction of justice, you need to contact a criminal defense attorney. The consequences can be devastating and include years in prison. Your attorney can explain your rights and create a defense to help your case. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

 

Resisting Arrest

If you are thinking of trying to avoid being arrested by a police officer and take matters into your own hands, you should think again. You may be charged with resisting an arrest, and the consequences of your actions may not be pretty.

When you are being arrested for a violation, it is always best to cooporate with the arresting officer, even when you feel you are innocent, and not try to fight or resist the officer. You will only get yourself in further trouble. When you are arrested for any violation, you should contact a reliable criminal defense attorney who will fight your legal battles in court. Let your attorney do the fighting, and you are more likely to win your case, especially if you have been wrongly accused of a crime you did not commit.

Types of Charges for Resisting Arrest

In the Commonwealth, an offender can be charged with either a misdemeanor resisting arrest or felony resisting arrest charge. One is more serious than the other. A misdemeanor resisting arrest charge may include trying to escape or flee from an arresting police officer, challenging the authority of the police officer, or using profanity in your conversation with law enforcement.

On the other hand, a felony resisting police charge involves the use of threat or violence against a police officer during the arrest encounter. A felony resisting police charge puts the life of the police officer in harm or jeopardy.

Factors for a Resisting Arrest Conviction

  • To be charged with resisting arrest, the prosecution must prove beyond a reasonable doubt that the following happened:

  • The defendant prevented or attempted to prevent the police officer from completing the arrest.

  • The police officer was conducting the arrest while acting under their official authority and duty.

  • The defendant's actions of resistance involved the use of force, threat, violence or physical force against law enforcement.

  • The defendant's resistance created a risk of harm or bodily injury to the officer.

  • The defendant willfully carried out these actions to avoid arrest.

Legal Procedures During an Arrest

When an individual is arrested, the police officer must follow a variety of legal procedures during and after the arrest. During an arrest, you become a suspect, taken into custody, and are not allowed to walk away from the arresting police officer. When you are stopped by law enforcement, they may frisk you with a pat-down of your outer garments to see if you are carrying any dangerous weapons. After your arrest, they will conduct a comprehensive search of your personage. Law enforcement can confiscate your personal money or property. Once you are arrested, you will be booked. At this time, the police officer will ask for personal information, such as your address and birthday. You will be fingerprinted and photographed.

If you are charged with resisting an arrest by a police officer, you need to contact a criminal defense attorney. The consequences can be devastating and costly. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

Ransomware Attacks

The computers of many businesses around the globe were paralyzed and held hostage by the recent outbreak of WannaCry Ransom. The attack is considered to be the largest ransomware attack affecting the Internet by freezing hospitals and other firms out of critical data. With ransomware, hackers lock up a computer and demand money from the user or company. If one does not comply, they may lose sensitive or important data forever.

Any person or company can become a victim of ransomware and other forms of cybercrimes. If you are charged or arrested for committing a cybercrime, you need to speak with a criminal defense attorney immediately because the outcomes of a conviction can be life-changing. There are many types of ransomware, which may include:

  • Scareware: The use of bogus security software and tech support fraud to scam people. An individual may receive a pop-up message stating that dangerous malware was detected in their system and they should pay money to get rid of it. Scareware may appear as legitimate antivirus programs and fool many people.

  • Screen Locker: A lock screen ransomware will freeze out your computer completely. Hackers will display a bogus FBI or US. Department of Justice seal suggesting that your computer has been involved in illegal activities and require you to pay a fine. The FBI of DOJ will only use legal methods to notify a person of illegal activity, and would not freeze a person out of their computer or demand payment.

  • Encrypting Ransomware: Hackers will steal your files, encrypt them, and demand a payment to decrypt and send them back.

Although cybercrime is a new and growing crime, Massachusetts is taking the problem seriously. The Commonwealth is aggressively punishing those who violate the law. The Commonwealth is involved in a Cyber Crime Division with the Attorney General's Office. The Cyber Crime Division is charged with investigating and prosecuting individuals involved in cybercrimes. Cybercrimes may involve business-related crimes, such as ransomware and hacking to other cybercrimes such as child exploitation, human trafficking, illegal file sharing, fraud, and other computer-related violations.

Punishment for Committing Cybercrimes in MA

In the Commonwealth, cybercrimes are punishable under M.G.L. c. 265, s. 43 and considered to be a form of stalking. The law prohibits stalking, and it can be further defined as acts or threats performed by phone, mail, fax machine, emails, or internet correspondences. If convicted, you could face years in prison.

Section 43." (a) Whoever (1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking and shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $1,000, or imprisonment in the house of correction for not more than 21/2 years or by both such fine and imprisonment. The conduct, acts or threats described in this subsection shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications."

If you are charged with ransomware or other forms of cybercrime, you need to contact a criminal defense attorney. The consequences can be devastating and costly. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

Crime Classifications

There are various types of crime classifications. They range from non-serious classifications to severe classifications with harsh consequences. It is important for defendants to know the differences between crime classifications and how they will impact the punishment defendants will receive if convicted. Crime classifications normally fall into three categories that include infractions, misdemeanors, and felonies. A criminal defense attorney can help you better understand how they will affect your situation.

Infractions

Infractions are the lowest form of crime classifications. These crimes generally involve giving an individual a ticket or citation. Infraction violations require little or no time in court or jail. These crimes are simple violations, such as a traffic violation or jaywalking. However, it is important to quickly address these crimes. Ignoring infractions may result in additional hefty fines and penalties.

Misdemeanors

A misdemeanor is a crime classification that is less serious than a felony, yet more serious than an infraction. Misdemeanors are usually punishable by either a fine or stay in a local county jail. Jail time is normally less than a year. Often they are distinguishable by three classes, which may include high or gross misdemeanors, ordinary misdemeanors, and petty misdemeanors. Petty misdemeanors may include a short time, less than six months, in a local jail or a fine. Realizing the consequences of a misdemeanor conviction is important. Your criminal defense attorney can help create a defense to reduce the outcomes of a misdemeanor conviction. Common misdemeanors may include trespassing, public drunkenness, petty theft, or vandalism.

Felonies

Felonies are more severe than misdemeanors, and the consequences are more devastating to the convicted. Felonies may include grand theft, arson, murder, rape, kidnaping, burglary, terrorism, illegal drug use and possession, fraud, or embezzlement. Felonies are the most serious type of crime classification and are usually classified by degrees, such as first-degree felony or second-degree felony. First-degree is the most serious. However, the Commonwealth does not classify felony crimes into different classes. Instead, each criminal law includes potential penalties for each individual felony. If one is found guilty of a felony, the person will most certainly spend time in prison, not a local jail. Criminal fines for those guilty of committing a felony can be thousands of dollars. Your criminal defense attorney can explain the various felony laws and how they might impact your case. He or she can create a defense to help reduce the prison time.

A felony conviction will be a part of your permanent criminal record. Being convicted of a felony crime can affect your housing and job prospects. A felony conviction will keep you from voting, carrying firearms or obtaining various professional licenses in the Commonwealth. An experienced criminal defense attorney can help you explore plea options and other defense strategies. You want to avoid any felony conviction if you can because the life-changing impact can be permanent.

If you want to learn more about crime classifications and how they impact your case, you should contact a criminal defense attorney. Boston Criminal Defense Attorney Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact Attorney Edward Molari at 617-942-1532 for a free consultation.

 

Drunk Driving Accidents and Arrests

With the winter months behind us in the Commonwealth and warmer weather approaching, more folks will be coming out of hibernation to enjoy the spring and summer weather in Massachusetts. Spring and summer means more people will be on the road, and also that the chances of being involved in a drinking and driving accident increase significantly.

What Should You do After a Car Accident with a Drunk Driver?

If you have been in an accident, make sure you are physically safe and out of danger. If your car can be moved, drive it to the shoulder of the highway. If you are hurt, take care of any wounds or injuries. Call 911 to get medical help, if necessary.

If the other driver is coherent, get his or her insurance, license plate number, and other personal information. If other people witnessed the accident, ask for their contact information. If you are injured in the accident or the other driver is intoxicated, call your local law enforcement immediately.

Collect and save evidence by taking pictures of your injuries and damage to the cars involved in the accident. Contact a reliable attorney who can explain your legal options.

What Should You do if You are Pulled Over for Drunk and Driving?

If your are being pulled over by a police officer while driving, drive your car off the road and and to a safe stopping location. One of the first things the arresting officer will do is observe your behavior and actions. Your behavior will be documented in his or her report, which may impact your case. The officer will make a mental note of how you drove your car off the road. If you are driving erratically, it will be noted on the police report.

Officers are trained to be aware of their surroundings to keep themselves safe. They will usually approach a vehicle from behind to have a clear view. They will be closely watching you. Therefore, make sure you do not make any sudden or suspicious movements that will make them think you are dangerous. Keep your hands on the steering wheel at the 10 and 2 o'clock positions.

Always treat the officers with respect and follow their instructions without protest. If you are hostile and angry, the officers will likely put that in their report, and it will not look good for you. Plus, an impolite driver is more likely to be arrested. If a police officer asks you to step out of the car, you should comply with the request. If you avoid getting out of the car, you might be charged with resisting arrest.

Do not incriminate yourself. You do have to give your name, license, and registration to the police officer. However, you do not have to answer any potentially incriminating questions. You can tell the officer that you have been advised not to answer any questions without the presence of your attorney. Do not lie; honesty is always the best policy, especially in a situation like this.

In Massachusetts, the law requires you to take a breath or blood test when you are arrested for an OUI/DUI. The Commonwealth has an implied consent law, which means that if you refuse to submit to a chemical test, you will receive an automatic license suspension.

When you are released, you should try to remember everything that happened, so you can tell your attorney, and he or she can help you with a defense strategy. You need to recall where you were and what you were doing prior to the arrest. You need to note how much you had to drink and how long it was been prior to your arrest. You should remember what the arresting officer said and how he or she treated you during the incident. Remembering this information can greatly impact your case in court.

If you have been arrested for drunk driving or caused an accident while driving under the influence, you need to contact a criminal defense attorney. The consequences can be devastating and costly. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact Attorney Edward Molari at 617-942-1532 for a free consultation.

 

Understanding the Bail Process

When you are arrested for a crime, the police officer can give you a ticket with your signed pledge to appear in court on a certain day or the police officer can take you to jail. When you are put in jail, you will need to post bail to get out of jail. Bail is a temporary release of a person who is awaiting a court trial on the condition that he or she puts up money to ensure they will appear in court. If you have questions about bail, you need to contact a criminal defense attorney.

The court will set the amount of bail to be paid. Payments are usually made by cash, money order, or a cashier's check. A defendant can post his or her own bail or find another individual to post it on his or her behalf. Once bail has been posted, the court will issue a document or court order that allows the defendant to be released from jail.

Factors for setting a financial dollar amount for bail may vary depending on the nature of the charges or whether the crime involved brutality, revenge, or threats to public safety. A judge or magistrate will examine the defendant's past criminal background and all evidence against him or her. If a defendant is a major threat to society or has committed a serious crime, he or she may be held without bail. When a case ends with all obligations satisfied, the bond money is usually returned. However, in some cases, administrative costs may be deducted.

A well-versed criminal defense attorney  can help you understand the terms and penalties of the bail process. Furthermore, your attorney can plead your case in advance and help reduce bail. It is wise to connect with a criminal defense attorney at the start of your case so he or she can get your case ready for trial.

If the defendant does not have means to post his or her bail, he or she can seek the help of a bail bondsman or commercial bond agent, who acts as a surety for the bond. The agent posts bail after collecting a nonrefundable fee, usually 10 to 20%, from the defendant or from family or friends. When the defendant does not have money to give to the commercial bond agent as security, he or she can provide other types of collateral, such as jewelry, securities, or other items of value. Then, the bail bond agent agrees to pay the remaining amount to the court if the defendant does not appear in court.

Often a bail bond agent will require a defendant to stay in contact via phone or in person to ensure the defendant does not skip town to avoid appearing in court. In some cases, the defendant may be monitored or guarded to ensure an appearance in court. A bail bondsman is not required to post bail when he or she believes a defendant will not honor the obligations of the bond.

When an individual does not appear, a court can issue a bench warrant, which will forfeit any of the person's bail. A bench warrant will give law enforcement the authority to execute the warrant anytime. Also, the issuing of a bench warrant gives a bail agent the right to hire a bounty hunter to help find and capture a person in exchange for a portion of the bail forfeited to the court. The consequences of not appearing in court can be severe, including fines or imprisonment, or both.

If you want to learn more about setting bail and the bail process in your case, you need to contact a criminal defense attorney. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the bail or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact Attorney Edward Molari at 617-942-1532 for a free consultation.

 

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