Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

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

Understanding the Repercussions of Student Crime Convictions

In February 2022, a law enforcement officer responded to a call concerning a firearm that was found at South Boston’s Excel High School. On arrival, law enforcement officers interacted with school workers who stated they found the firearm in a backpack belonging to a student during a security check. Law enforcement safely recovered the firearm and found the student after he escaped the school and then turned himself in. The student was placed under arrest and subsequently charged with unlawful possession of a firearm.  

High school students who have been charged with criminal charges not only face the substantial consequences associated with criminal convictions, they also must deal with the fact that a criminal conviction can substantially disrupt a student’s life at school and have long-term repercussions.

Criminal Conviction Can Have Short (and Long) Term Implications 

Each school has various policies in place that dictate how to handle a student who is accused of a criminal offense. Many of these policies involve at least some type of disciplinary action. The degree of the discipline varies based on the nature of a criminal offense. Minor violations can lead to a suspension or probate, while more serious criminal offenses can result in a student’s expulsion from school.

Criminal convictions often make it difficult for students to pursue college programs and can even render students unable to receive financial aid or scholarships. Additionally, criminal convictions sometimes leave students unable to participate in certain housing options. 

The Legal Implications of Criminal Convictions

Besides whatever measures are implemented by the school, students will also have to face any penalties enforced by the court. Students who are below the age of 18 will have their cases handled in the juvenile court, and their records will be sealed after they turn 21. Students who are 18 or older are recognized as adults and have their cases heard by a criminal court.

Criminal Convictions Can Make College More Difficult 

A large number of private and public colleges require applicants to provide information about their criminal history while completing applications. Sharing a criminal conviction can lead to additional reporting. A student might even be required to pay to have a background check performed. 

Beginning in 1998, Congress prohibits applicants who have a history of drug-related convictions from receiving financial aid. This restriction in 2007 was limited to offenses that occurred at the time the student was receiving financial aid. Consequently, criminal convictions can lead to substantial obstacles in pursuing higher education. 

Criminal Convictions Can Create Employment Obstacles

Even if a person is young at the time they receive a criminal conviction, a criminal history can make it much more difficult to pursue employment options. Most company policies require background checks be performed on workers. If a criminal conviction is found for a candidate, the individual will likely not receive a job offer. Certain job fields including those that require work with children place particular emphasis on criminal convictions.

Contact a Compassionate Criminal Defense Attorney

If you or a loved one is charged with a firearm-related offense in Massachusetts, you could end up facing serious repercussions. One of the best ways to proceed in such a situation is to obtain the assistance of a compassionate criminal defense attorney. Contact Attorney Edward R Molari today to schedule a free case evaluation. 

Tags: 
Criminal Defense

Three Things to Know about Sex Offender Registration in Massachusetts

Law enforcement in Somerset helped the Massachusetts State Police as well as the United States Marshals with the arrest of a man on a warrant issued by the state of Illinois over not adhering to sex offender registration laws.

The man was arrested near a Somerset location where he was living with a relative. The man has a violent criminal history. Data provided by the Illinois Sex Offender Registry reveals that the man was convicted of aggravated criminal sexual assault with a firearm against a victim under 18 years old. 

Various sex offender laws in Massachusetts exist, and it is critical that anyone who is convicted of a qualifying sex offense in the state both understand and follow these regulations. This article reviews some of the most important aspects of sex offender registration law.

Required Registration

A person in Massachusetts convicted of a sex crimes is required to register as a sex offender with the Sex Offender Registry Board. To inform the public and keep others safe, the board collects a list of all sex offenders registered in Massachusetts and classifies these individuals based on the severity of the offense. The board requires people convicted of sex crimes in the state to provide not their names but also their date of birth, place of birth, sex, race, weight, social security number, home address, work address, and a description of the offense. 

The Classification Level

In Massachusetts, sex offenders are divided into three separate categories. Classification involves two separate steps. First, the board provides a recommendation about the registration duty as well as classification. The person charged with the offense is then permitted to submit evidence on his or her own behalf. Following a preliminary hearing, a board sends a recommendation. If a person accepts the recommendation, it becomes final. If a person rejects the recommendation, a person has a right to a hearing. The following three classifications exist:

  • One. The most extreme classification, this category means that the board decides the risk of recurrence is low and a minimum danger exists. 

  • Two. This category involves a moderate recurrence risk and a potential threat presented to the public’s safety. A person classified as level two must re-register annually at the local law enforcement station. Information about level two offenders can be accessed at the local police department. 

  • Three. If the board decides that a person’s risk of recurrence is high and a substantial degree of dangerousness is presented to the public, a person is classified as a level three offender. Level three registration details are available through both the local police department and the sex offender registry. Police departments share these details to the surrounding community.

Registration Length

The required registration length varies from as little as 20 years and as much as life and depends on the sexual offense involved. Sex offender regulations require a person to register for 20 years if that individual is convicted of one offense or if the act was committed as a juvenile. If the act involved a child, is violent, or the person convicted had any previous charges, the person must register for life. 

Obtain the Assistance of a Knowledgeable Sex Crime Defense Lawyer

If you or a loved one has been charged with a sex offense in Massachusetts, you can end up facing serious penalties. One of the best steps that you can take in such a situation is to obtain the assistance of an experienced criminal defense attorney. Contact attorney Edward R Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense

Things to Know About False Charges of Assault and Battery

A disagreement involving masking at a Massachusetts Dunkin’ resulted in coffee being thrown as well as an arrest and assault and battery charges. The Brookline Police Department claims that they responded to a call at a Dunkin’ west of downtown Boston. 

The suspect as well as the victim got into a disagreement in regards to the victim not wearing a mask inside the store. The victim then placed his shirt over his face to deescalate the situation. The suspect became hostile toward store workers and other customers.

While inside the store, the suspect threw coffee in the direction of the victim. The coffee struck the victim on the back of his legs. 

The suspect was then arrested following a chase and arraigned on charges of assault and battery with a dangerous weapon as well as one charge of disorderly conduct.

If you are facing a charge of assault and battery in Massachusetts and did not commit the offense or have a valid defense, you should know some important details. 

Assert Your Right to Remain Silent

You are not obligated to share any details excluding your personal information with law enforcement. You also are under no obligation to share your version of an event. By asserting your Fifth Amendment right under the Fifth Amendment to remain silent, you often can avoid giving the opposing legal side the details that they can use to distort the facts of your case and make you look guilty. 

Collect Evidence

You can actively start taking steps to preserve the outcome of your case early on. If you are falsely charged with assault or battery, you should do your best to collect physical evidence to establish your innocence. You should also collect contact information for any witnesses who saw the event occur. 

Remember You Have Other Rights, Too

Despite how anyone makes you feel about the event that led to these charges, you retain certain rights. If you have been falsely charged with assault or battery, your rights still include the right to an attorney, the right to a trial that is fair and speedy, and the right to utilize evidence to defend yourself from these charges.

Work With the Courts

Even though being falsely accused of assault and battery can be frightening, you should do everything possible when proceeding through the legal system. Some steps that you should remember to take if you are falsely charged with assault and battery include:

  • Cooperate with law enforcement at the time you are arrested. Remember that fighting arrest will make you appear aggressive. 

  • Assert the right to remain silent.

  • Obtain a defense lawyer as quickly as is feasibly possible following the charge. 

  • Refrain from interaction with the individual who claims to be the victim.

  • Avoid posting any details about the incident online 

Speak with a Compassionate Criminal Defense Attorney Today

Violent offenses in Massachusetts carry serious penalties. One of the best things you can do to respond to these charges is to speak with an experienced criminal defense attorney. Contact attorney Edward R Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense
Assault and Battery

How to Respond if Massachusetts Police Stop Your Vehicle

Massachusetts law enforcement recently performed an arrest after a vehicle was stopped. A man was arrested by state police who were patrolling State Street. Law enforcement claims that they saw a Ford Taurus pass without lights on. Due to the absence of lights, the license plate at times was unreadable. As a result, law enforcement decided to perform a stop. 

After being stopped, law enforcement performed an electronic search of the vehicle’s registration. After this search was complete, law enforcement came closer to the Taurus where the operator was seen grabbing for something in the center console of the vehicle. 

Law enforcement states that the driver was recognized as the vehicle’s registered owner and had a record of various violations involving firearms as well as battery. This as well as reaching into the center console led to law enforcement removing the man from the car to make sure that no weapons were either on his body or in immediate reach. 

Law enforcement then performed a search of the man’s person which led to locating five bundles of heroin that contained 10 packets each. Law enforcement also found a bundle with five packets as well as a small bag containing crack cocaine. 

The man was then arrested and an examination of the vehicle he was driving was performed. In the vehicle, law enforcement discovered nine other bags containing pills labeled as Xanax, a container with various Massachusetts driver's licenses, bank cards, and a knife. The man now faces various drug charges.

If Massachusetts law enforcement pulls you over, the way that you respond and how you act can have a substantial impact on how the case proceeds. 

When You Notice the Police Vehicle Behind You

If a police vehicle is behind you and the officer indicates in any way that you should pull over, you should make sure to do so. Pulling over for the police does not represent an admission of guilt, but simply means that you are attentive and responsive to your surroundings. It shows you are willing to cooperate. 

How to Respond Immediately After Your Stop

Once you have pulled over to a safe location, you should shut off your vehicle’s engine. You should then roll down the vehicle’s window. You should refrain from smoking, chewing gum, eating, or drinking. Some people even place their hands on the steering wheel. If it is dark, you might turn on the vehicle’s interior light. All these actions help to lessen any fears the involved officer might have.

Be Prepared to Get Out of Your Vehicle

The 1977 United States Supreme Court case of Pennsylvania v. Mimms states that a law enforcement officer who stops a driver can insist that the driver, as well as any passengers, get out of the vehicle. You should ask the involved law enforcement officer if you should get out of your vehicle and do so if requested. You should also understand that law enforcement will likely view any refusal to follow orders as a potential threat or flight risk.

Contact a Massachusetts Drug Crime Defense Attorney

If you or a loved one has been charged with a drug crime in Massachusetts, you can end up facing some serious penalties. One of the best ways to respond in such a situation is to promptly obtain the assistance of an experienced criminal defense attorney. Contact attorney Edward R Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense
Drug Possess to Distribute
Heroin
OUI/DUI
Criminal Procedure
Search and Seizure

How to Respond if Massachusetts Police Stop Your Vehicle

Massachusetts law enforcement recently performed an arrest after a vehicle was stopped. A man was arrested by state police who were patrolling State Street. Law enforcement claims that they saw a Ford Taurus pass without lights on. Due to the absence of lights, the license plate at times was unreadable. As a result, law enforcement decided to perform a stop. 

After being stopped, law enforcement performed an electronic search of the vehicle’s registration. After this search was complete, law enforcement came closer to the Taurus where the operator was seen grabbing for something in the center console of the vehicle. 

Law enforcement states that the driver was recognized as the vehicle’s registered owner and had a record of various violations involving firearms as well as battery. This as well as reaching into the center console led to law enforcement removing the man from the car to make sure that no weapons were either on his body or in immediate reach. 

Law enforcement then performed a search of the man’s person which led to locating five bundles of heroin that contained 10 packets each. Law enforcement also found a bundle with five packets as well as a small bag containing crack cocaine. 

The man was then arrested and an examination of the vehicle he was driving was performed. In the vehicle, law enforcement discovered nine other bags containing pills labeled as Xanax, a container with various Massachusetts driver's licenses, bank cards, and a knife. The man now faces various drug charges.

If Massachusetts law enforcement pulls you over, the way that you respond and how you act can have a substantial impact on how the case proceeds. 

When You Notice the Police Vehicle Behind You

If a police vehicle is behind you and the officer indicates in any way that you should pull over, you should make sure to do so. Pulling over for the police does not represent an admission of guilt, but simply means that you are attentive and responsive to your surroundings. It shows you are willing to cooperate. 

How to Respond Immediately After Your Stop

Once you have pulled over to a safe location, you should shut off your vehicle’s engine. You should then roll down the vehicle’s window. You should refrain from smoking, chewing gum, eating, or drinking. Some people even place their hands on the steering wheel. If it is dark, you might turn on the vehicle’s interior light. All these actions help to lessen any fears the involved officer might have.

Be Prepared to Get Out of Your Vehicle

The 1977 United States Supreme Court case of Pennsylvania v. Mimms states that a law enforcement officer who stops a driver can insist that the driver, as well as any passengers, get out of the vehicle. You should ask the involved law enforcement officer if you should get out of your vehicle and do so if requested. You should also understand that law enforcement will likely view any refusal to follow orders as a potential threat or flight risk.

Contact a Massachusetts Drug Crime Defense Attorney

If you or a loved one has been charged with a drug crime in Massachusetts, you can end up facing some serious penalties. One of the best ways to respond in such a situation is to promptly obtain the assistance of an experienced criminal defense attorney. Contact attorney Edward R Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense
Drug Possess to Distribute
Heroin
OUI/DUI
Criminal Procedure
Search and Seizure

What Defenses Exist to Drug Trafficking Charges?

Charges were brought against 21 individuals in December of 2021 relating to a drug trafficking operation that included fentanyl, cocaine, and several illegal substances. The drugs were transported between Connecticut, New Hampshire, Massachusetts, Maine, and Puerto Rico.  

Law enforcement believes the ring was led by a 31-year-old man, who is now accused of trading drugs wholesale as well as employing storage houses and couriers to store as well as distribute drugs. Law enforcement claims that the man received fentanyl from local individuals, but obtained cocaine from Puerto Rico. 

During the search, law enforcement states that almost 8 kilograms of cocaine were obtained from packages sent to the people now facing drug charges. Altogether, almost 11 kilograms of cocaine as well as almost 700 grams of fentanyl and more than $200,000 in proceeds from the drug trade was collected during the investigation. 

In May 2020, law enforcement began looking into the drug ring. Since December 2020, police have collected evidence of communication between members of the ring and their associates. These communications are claimed to show that the defendants distributed fentanyl and cocaine in Lawrence and the surrounding area. 

Like other criminal offenses, methods exist to defend yourself against drug trafficking charges. Like many other offenses, the exact defense that a person can raise depends on various facts present in your case. This article, however, reviews some of the most common defenses that people raise in response to charges of drug trafficking. 

I Was Unaware of Illegal Drugs

Many people traffic illegal drugs without even being aware that they are doing so. For example, a person operating a vehicle might be pulled over and discover that unbeknownst to the operator, the vehicle contains illegal drugs. Not being aware that a person was transporting drugs can be a powerful defense strategy to respond to trafficking charges. 

The Trafficking Was the Product of Threats

Sometimes, people are forced to traffick drugs as the result of threats. These threats can constitute direct threats of violence if a person declines to traffick drugs or threats to hurt or harm someone a person loves if the individual does not traffick drugs. Because the subject is engaging in the illegal activity only to protect themselves or their loved ones, this defense strategy can be used to defeat drug trafficking charges. 

Law Enforcement Lacked Adequate Search Paperwork 

Even if a person is engaged in drug trafficking, the law requires that authorities proceed through the appropriate steps before making a search or arrest. If law enforcement lacks a search warrant, a charge can later be tossed out. Even if drugs are obtained during a search, failure by law enforcement to not obtain a warrant sometimes negates a case. 

Contact a Dedicated Massachusetts Drug Defense Lawyer

Conviction for a drug offense in Massachusetts carries with it some serious penalties. If you or a loved one is charged with a drug offense in Massachusetts, one of the best things that you can do is obtain the assistance of a defense attorney. Contact attorney Edward R Molari today to schedule a free case evaluation. 

Tags: 
Criminal Defense
Drug Trafficking

How Past Firearm Charges Can Impact Current Cases

A father in Massachusetts is currently being held on bail after he took a firearm to a Worcester high school to confront a boy who he was told struck his daughter. The man was found by law enforcement searching the hallways armed with a black pistol.  

The man’s lawyer states that the case represents the statements of a 14-year-old boy held against the man’s word. When questioned about his activity, the man denies that he had a firearm. The man’s daughter also denied that he had a firearm. The man’s attorney has also suggested that the boy is mistaken. 

The man’s mother stated that the man does not have a gun. Instead, the woman states, the man was holding a cell phone. The woman also stated that the man was only speaking to the boy to tell him not to touch his daughter.

Records reveal that the man has a criminal record that is 25 years old and includes offenses related to firearms and jail time. The man does not have a license to carry a firearm. The man is being held without bail pending a hearing. 

If you have a previous criminal record, it can create various challenges in your current life. Previous firearm convictions can result in prosecution charging you more harshly and sometimes refusing to plea deals for later offenses. One of the most common things that law enforcement does when researching a case is to examine the subject’s previous criminal history. If you are charged with a crime and law enforcement then discovers you have a previous criminal history, you can expect to face even more challenges in your case. 

Previous Criminal Charges Can Increase Penalties

If you are currently charged with a criminal offense, having a criminal history can lead to even more serious penalties. Judges have substantial discretion when deciding whether a person should be sent to jail. If you are charged with a felony in Massachusetts, sentencing guidelines will be utilized to determine the range of sentences.  

Criminal History and Juries

In most cases, a person’s criminal history cannot be discussed in front of a jury. The prosecution is not permitted to discuss any previous criminal convictions in front of a jury in most circumstances. This is viewed as prejudicial. If a person offers testimony demonstrating that he or she is a peaceful person, however, evidence of a previous criminal conviction can be used to challenge the concept that the person is peaceful. 

Law Enforcement and Expunged Convictions

Expungement refers to a legal process utilized to remove a conviction from a person’s criminal history. The expungement process requires a person to petition a court to convince a judge that the conviction should be removed from their record. After a conviction is expunged, it no longer exists in the public record. Law enforcement as well as prosecutors, however, will always be able to view any record of arrest or previous conviction. 

Speak With a Firearm Defense Attorney

If you or your loved ones have been charged with a firearm-related offense, do not hesitate to contact an experienced defense lawyer. Schedule a free case evaluation with Attorney Edward R Molari today.

Tags: 
Criminal Defense

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