Massachusetts Legal Developments Blog

A football coach at Brockton High School was recently charged with sexually assaulting a child. Boston law enforcement later arrested the man on several charges, which included rape of a child, trafficking a person for sexual servitude, and possession of child pornography. During his role as a volunteer coach, the coach’s duties did not routinely involve unsupervised contact with students. Also, as required by Massachusetts law, the coach had passed a Criminal Offender Information check before being accepted as a volunteer. Additional details about the arrest are still pending.

While some people find it hard to believe, false rape and sexual offense allegations are not uncommon. This article examines some of the most common reasons why people decide to make up these types of charges. 

The Main Categories of False Accusers

Even though every situation is different, data shows that false accusers often fall into one of the following groups:

• Personal gain is sometimes financial or an accuser makes such an allegation to receive medical care. Other times, a person who makes a false claim hopes to have another type of benefit from making such a claim.

• Sometimes, individuals who are suffering from psychosis or personality disorders argue that they have been the victims of sexual assault. 

• A large number of rape allegations arise from relationships that have taken wrong turns. In these situations, accusations often arise for random reasons, which often include revenge. For example, a former lover might make up a sexual charge to seek revenge on someone. 

• Some people make false sexual allegations because they need an excuse. A person might be trying to cover something like an infidelity or a shameful sexual encounter.

• It is sometimes the case that a person raises fake sexual allegations because that individual encounters “false memories.” Memories are often thought to be a reliable way of recalling something that occurred. However, there are countless situations in which a person’s brain creates false memories. 

The Gray Area of Sexual Allegations

A gray area exists in many sexual allegations. These allegations include should be viewed as things like memories interrupted by alcohol, mixed signals, and a lack of understanding about what sexual assault means. It is not unheard of for a person to attempt to cover up a potentially embarrassing situation by alleging sexual assault. 

The Repercussion of False Rape Accusations

Sexual allegations are not something that should be considered lightly. After all, even false sexual assault allegations can lead to serious repercussions for the individual who is charged. These charges can result in difficulty with countless things including pursuing professional degrees, obtaining a license, receiving a loan, and living in certain areas.

Talk with a Sex Crimes Defense Attorney

Even being charged with a sex offense in Massachusetts can lead to serious repercussions that substantially burden how a person lives his or her life. As a result, it is often a good idea to obtain the assistance of a skilled attorney to respond to these charges. Contact attorney Edward R Molari today to schedule a free case evaluation.

A Dominican national was charged on May 27th in Boston in connection with trafficking fentanyl. It was later revealed in a charging document that eight kilograms of fentanyl, one of which also contained valeryl fentanyl, and a fentanyl analog were found at the man’s residence. Being convicted of possession with intent to distribute 400 grams or more of fentanyl carries various penalties including imprisonment, supervised release, and fines. Additionally, the possession of any of fentanyl’s pharmaceutical forms can lead to various penalties including arrest, the suspension of a driver’s license, the suspension of a professional license, substantial fines, criminal prosecution, and a variety of other repercussions. 

Fentanyl is a Dangerous Drug

Fentanyl is a synthetic, opioid-derived painkiller that is viewed as one of the most dangerous drugs on the market. Despite its risks, fentanyl is classified by the United States Drug Enforcement Administration as a schedule II substance which means fentanyl has a high potential for misuse as well as the tendency to cause physical and psychological dependence. Criminal penalties associated with the distribution and possession of a Schedule II substance are determined by the quantity of the substance possessed by an individual at the time of the arrest. 

Massachusetts Crimes Associated With Fentanyl

Fentanyl is available in a variety of forms in the United States. Without a prescription, it is a serious criminal offense to distribute, possess, or use fentanyl. Furthermore, possessing expired medication or more than the amount of the fentanyl that is prescribed also violates both Massachusetts and federal laws. People charged under Massachusetts law for fentanyl-related offenses can face misdemeanor penalties if a small amount is involved. A person can face felony charges if he or she is unlawfully found with a large quantity of fentanyl. 

Defenses Exist to Fentanyl Charges

As a person facing a drug charge, it is important to remember that not all arrests lead to convictions. One of the most common defenses involves a person’s Fourth Amendment rights, which includes the protection against unreasonable searches and seizures. Law enforcement can violate the Fourth Amendment in various ways while searching a person’s home, vehicle, or body. For example, searches under the Fourth Amendment are viewed as presumptively invalid unless a warrant exists. In situations where evidence was obtained only due to a violation of a person’s Fourth Amendment rights, law enforcement can often move to exclude evidence. Another one of the most common ways to defend against a fentanyl charge is to show that possession of fentanyl was actually lawful, which means that the person carrying the drug had a permissible reason to be in possession of the drug, like a medical condition. 

Obtain the Assistance of a Drug Crime Defense Attorney

Drug crimes in Massachusetts carry various penalties that can end up substantially impacting your life. One of the best things to do if you are facing a drug crime charge is to promptly obtain the assistance of a skilled defense lawyer. Schedule a free case evaluation with attorney Edward R Molari to begin responding to your charges.

A man from Chicago was arrested in Boston at the beginning of June and charged with sexual exploitation of children as well as the receipt of child pornography. After an initial federal court appearance in the Northern District of Illinois, the man was detained following a detention hearing. Charging documents reveal that in June 2020, the man threatened and manipulated a Massachusetts minor through Snapchat as well as text messages that requested the minor make and send images and videos of the minor engaged in sexual conduct. The investigation revealed that both the Snapchat account and phone number utilized to contact the victim belonged to the man. A subsequent search of the man’s phone revealed that the victim had sent over one thousand media files to the man’s Snapchat account. Several of the files included child pornography. 

The charge of sexual exploitation provides for a mandatory minimum sentence of 15 years and up to 30 years in prison, a lifetime of supervised release, and a fine of up to $250,000. The charge of receipt of child pornography carries similar penalties. 

If you are charged with a sex crime in Massachusetts, there are some important details that you should know before responding to these charges.

External Motives Often Exist to Make False Allegations

It is critical for your attorney to assess whether a false motive existed for the sex crime allegation to be made. While it would be ideal if no one would ever lie about sex crimes, this is sometimes not the case. To overcome the inclination to believe the victim, you will be required to show that they had a reason to lie. Motivations can include things like revenge or jealousy. 

What Words Are Used Can Make a Significant Difference

A judge has minimal time to make assessments and determinations about the alleged victim and perpetrator. Word usage can play a critical difference in influencing whether a person is convicted. For example, using words like “victim” and “defendant” sends a subtle message about guilt to the jury. 

Prepare the Accused to Testify

Many sex crime cases end up as a version of “He said/She said.” In these situations, the jury tends to treat the victim as a credible witness and has an automatic disdain for the person charged with the offenses. In other situations, the jury is more forgiving if the accused appears nervous or has an angry outburst. The accused should do everything possible to create a good relationship with the jury, which sometimes means fully preparing to provide testimony about how the incident occurred. 

Obtain the Assistance of an Experienced Sex Crimes Attorney

Deciding how to best respond to a sex crime charge is never easy, but one of the best steps that you can take in doing so is to obtain the assistance of an experienced criminal defense lawyer. Contact attorney Edward R Molari today to schedule a free case evaluation. 

Three suspects were recently arrested in connection with a shooting that occurred on Route 138. The Canton Police Department reports that the incident occurred after one vehicle forced another off the road. A person is then reported to have fired a gun. The suspect was accused of intentionally ramming a vehicle. This collision caused the passenger of the vehicle that was struck to fire six shots. The suspect later abandoned his vehicle close to the crash scene. 

Two people besides the driver were in the vehicle that was struck. A search warrant executed following the arrest later led to the discovery of two firearms, an extended Glock Pistol magazine, and Fentanyl. 

The driver currently faces charges of  intent to murder, discharging a firearm within 500 feet of a dwelling, assault and battery with a deadly weapon, possession of ammunition, and unlicensed possession of a firearm. The exact charges against the other two suspects are not yet certain but will likely include accessory after the fact of assault with intent to murder, accessory after the fact of assault and battery with a deadly weapon, and possession of a firearm.

When it comes to police searches, many people fail to understand that a vehicle is not held up to the same standard as a residence. People have a lower expectation of privacy on public roads than they do at home. To stop and search a motor vehicle on the road, law enforcement needs probable cause. Anything that law enforcement finds in your vehicle can be held against you in a court of law. 

How to Respond to Law Enforcement During a Search

To prepare for interacting with law enforcement, there are some important details you should understand about legal searches and seizures:

• You should make sure that important paperwork including your driver’s license and registration is easily obtained if you are pulled over by the police. 

• If an officer cannot find probable cause to search your vehicle, they will likely ask for your consent to perform such a search. Remember in these situations, law enforcement is hoping that they can intimidate you into consenting. 

• Law enforcement will often ask motorists if they are intoxicated or have drugs on them. In these situations, law enforcement is also expecting that you will give up information out of nervousness about being in the presence of a police officer. 

• You are not under any obligation to answer a question that law enforcement asks. Instead, you should check whether you are under arrest or are in trouble. You need not feel compelled to directly answer law enforcement’s questions, beyond identifying yourself. 

• Law enforcement will sometimes continue to request a search of your vehicle even if they lack probable cause. In these situations, it is best to deny their requests. 

Speak With an Experienced Criminal Defense Attorney

Regardless of the charge that you face, one of the best steps that you can take after a criminal charge is to contact an experienced attorney. Schedule a free case evaluation with Edward R Molari today.