Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

Advice on Carrying a Loaded During Law Enforcement Interaction

 

During a gathering for a homicide victim in Massachusetts, law enforcement prevented a potential future tragedy by arresting two teenagers with a loaded weapon. The arrest came after law enforcement officers acting on a tip stopped one vehicle and recovered an AK-47 loaded with a 30 round magazine. Both the driver and passenger of the vehicle now face firearm charges. 

If you are stopped by law enforcement while carrying a loaded weapon, there is more reason than normal to be nervous about how the encounter and the charges that might result. While the encounters can occur in many ways, most often result from law enforcement stopping vehicles. One factor that makes these interactions complex is that Massachusetts is a concealed carry state, but if stopped, you still must disclose to law enforcement that you are carrying a weapon.

To minimize the negative consequences of these stops, it helps to remember some critical safety precautions and strategies, some of which will be reviewed in this article. 

Remain Calm

Law enforcement stops are often surprising. One moment, you are driving around and the next, you are being questioned by a law enforcement officer. 

During this confusing time, it is critical to remain calm. After spotting the approaching lights of a law enforcement vehicles, you should make sure to safely pull over your vehicle which means putting on your emergency flashers, pulling into a well-lit location, putting your car into park, and if they are easily accessible locating your identification as well as your motor vehicle insurance information. 

As the law enforcement officer gets out of his or her vehicles and approaches, it is a good idea to take some deep breaths and remain calm.

Utilize The Right Approach

You should strive to answer law enforcement during these interrogations in an as polite and informative way as possible. There are also other manners in which people try to respond to law enforcement, which frequently do not lead to positive results. For example, many people attempt to utilize humor in these situations, which often indirectly communicates to the officer that you are not taking the situation seriously enough. 

On a similar note, it is critical to realize that being sarcastic is not charming and will not have the effect of building rapport. Also, people should avoid arguing about the merits of the stop. Instead, it is not a good idea to let your attorney create a strong argument to these charges at a later date. Instead, it is best to directly and immediately inform the law enforcement that you are carrying a firearm.

Know How to Approach the Situation

After informing a law enforcement officer that you have a firearm, there are often three ways that the situation will resolve. First, law enforcement sometimes allows people to keep a firearm. Second, the officer might remove the firearm. In these situations, you should make sure to follow the instructions provided by the police officer. Third, the law enforcement officer might order you to hand them the firearm. In these situations, you should listen carefully to the law enforcement officer’s instructions, repeat these instructions back, and narrate your actions as you respond. 

Speak with a Knowledgeable Criminal Defense Lawyer

Being charged with firearm offenses in Massachusetts can result in serious penalties. This is why it is critical to construct a strong legal strategy to respond to these charges. Contact attorney Edward R Molari today to schedule a free case evaluation.

 

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Criminal Defense
Firearms
Loaded Firearm

A Quick Guide to Enticing a Child Charges

 

Marlboro law enforcement recently arrested a man who was caught on video by a vigilante group that targets child predators after the man met a young boy for sex. The man was subsequently charged with enticing a child and dissemination of obscene matter to a minor. 

Leading to the arrest, the man initiated a conversation with someone he believed was 14 or 15 with the purpose of having sex with the boy. The man then drove to Marlboro to meet the boy, at which point he was met with an adult man instead. In this recorded meeting, the man admits that he drove the distance to meet with the boy for sexual purposes. 

The video then ends with law enforcement pulling the man over. Additional details about the case are still ongoing. Because enticing a child is a serious criminal charge in Massachusetts, this article reviews some critical details that people should understand about these charges.

The Statute Encompasses Various Actions

Massachusetts’ child enticement statute punishes various types of behavior and is much broader than the statue’s name suggests. To be convicted under the statute, the prosecution must establish that a person satisfied three elements:

  • The alleged victim must have either been 16 years of age or younger or viewed by the suspect as someone who was this age or below.

  • The suspect must have tempted the alleged victim to enter, exit, or remain in a vehicle, dwelling, building, or outdoor space.

  • The suspect must have committed one of a group of offenses including disorderly conduct, disturbing the peace, indecent exposure, or charging a price for sexual conduct. 

Believing a Child Was an Adult is Not a Defense

Many people think that they will have a strong defense if they simply argue they were mistaken about the child’s age. In actuality, under the first element of the offense, a person can still be charged under this statute if the suspect believes that the child was an adult. 

The prosecution will treat an offense just as aggressively if a person genuinely held a belief that a child was an adult as they would if they knew the alleged victim was a child. 

Intent, Not Commission is Required

For the third element of the offense, the prosecution must only establish that a suspect had the intent to commit an offense. 

It is not required to establish that one of these offenses actually occurred. The prosecution can use various types of evidence to show intent including emails and text messages.

The Offense Carries Serious Penalty

Enticing a child under the age of 16 is a serious offense in Massachusetts. The felony is punishable by a maximum of five years in prison and a $5,000 fine. Additionally, the offense requires a convicted person to register as a sex offender. 

Speak with a Knowledgeable Sex Crimes Attorney

Being involved with a sex offense in Massachusetts carries several negative repercussions including potential imprisonment and a tarnished reputation. As a result, people who are charged with these offenses must create a strong response plan. 

A skilled criminal defense attorney can help. Contact attorney Edward R. Molari today to schedule a free case evaluation.

 

Tags: 
Criminal Defense

What Should You Know About Criminal Harassment?

A Bridgewater State University professor was recently arrested by Brockton law enforcement and charged with raping a female student, sex trafficking, and criminal harassment. The professor later pled guilty to all charges. Bridgewater law enforcement initially based the charges on a report from one female student, but five additional female victims later came forward with similar reports. 

One woman who was not a student of the professor stated that she met him online through a website that matches “sugar babies” with “sugar daddies.” When the woman met the professor inside his office, she reports that the professor forced anal and oral sex on her. This story led the Bridgewater community to publicize the arrest, which led more women to come forth with similar stories. Another woman stated that she had met the professor on the same website and that he had sent her money through the Venmo app in an effort to get her attention. 

The harassment charge comes from several incidents involving a female student who reported that the professor became her advisor and convinced her to change her major to public relations, which was the professor’s specialty. The woman also reports that the professor began following her on social media.

The term “harassment” encompasses several types of criminal behavior, which include both the infliction of emotional distress and stalking. In Massachusetts, a person can be convicted of criminal harassment if it can be established that an individual maliciously and willfully engaged in behavior that would cause a reasonable person to experience emotional distress. In many criminal harassment cases, the victim and person committing the harassment know one another. 

While harassment of this nature is common at the end of romantic relationships, there are various other situations in which harassment of this nature can occur. Regardless of the situation, criminal harassment is a serious offense that can cause a person convicted to end up facing two and a half years in jail and fines of up to $1,000. 

The Four Elements of Criminal Harassment

To convict a person of criminal harassment, the prosecution must establish four elements:

  • That the conduct occurred at least three separate times

  • The act would cause a reasonable person to experience emotional distress

  • That an act caused a victim to experience serious alarm

  • That a person’s actions were willful and the intent was malicious

Massachusetts law takes the perspective that feeling nervous or uneasiness is not sufficient grounds on which to base a criminal harassment conviction. Instead, a victim must experience substantial emotional distress. This harassment can occur on any type of medium including email, phone, or text messaging.

Speak with a Skilled Criminal Defense Lawyer

Being charged with any type of sexual offense in Massachusetts can quickly cause a person to face serious complications including large fines, imprisonment, and the stigma of being branded as a sex offender. If you are facing Massachusetts sex charges, obtain the assistance of an attorney. Contact Edward R. Molari today to schedule a free case evaluation.

 

Tags: 
Criminal Defense

When do Massachusetts Searches Become Illegal?

Law enforcement in Quincy recently followed a pickup truck carrying approximately 200 pounds of marijuana and proceeded to charge a man with possession with intent to distribute the drug. The arrest occurred after law enforcement followed the man’s truck to the location and watched him drop off several duffel bags that contained marijuana. Law enforcement had to forcibly enter the man’s house to perform the arrest after the bags were delivered. 

Once inside the home, law enforcement located a pistol, bullets, and packaging material. The man was also charged with conspiracy to violate drug laws as well as possession of a firearm and ammunition without a firearm identification card. Two other people at the homes were also arraigned on drug charges and released on a $1,000 bail. Investigators later claimed that the arrest came from a tip that a truck would drop off a large amount of marijuana transported from New York.

Massachusetts residents are protected from unlawful searches of their person as well as homes, vehicles, and other property. To perform a legal search, a law enforcement officer must either have a valid warrant to search the subject or probable cause to perform a search. 

Under the Fourth Amendment to the United States Constitution as well as Article 14 of the Massachusetts Declaration of Rights, any evidence of a criminal act that is obtained during a search or seizure is not admissible in a court proceeding. Many marijuana and other drug-related charges have been dismissed because it has been established that law enforcement lacked probable cause or a valid warrant. To provide you with a better understanding of these issues, this article discusses the role of search warrants in Massachusetts.

The Role of Search Warrants in Massachusetts

For a search warrant to be classified as valid, it must specifically identify the premises to be searched. For example, a valid search warrant will identify which vehicle or property address will be searched by law enforcement. If a specific property is to be searched, the warrant must contain the correct address. These warrants must also be supported by probable cause, which must be based on specific facts. Lastly, search warrants will only be classified as valid if they are signed and issued by a judge.

Rules for Executing a Search Warrant

Not only must warrants meet certain requirements to be valid, they also must be executed in specific ways. In Massachusetts, law enforcement officials must knock on the door of a residence as well as identify themselves and their purpose when executing a search warrant. If there is no answer at the residence or inhabitants are not cooperative, situations might necessitate law enforcement to use force to access the property. There are also some limited exceptions to the knock and announce rule that permits law enforcement to enter a residence without knocking. 

Speak with an Experienced Drug Charge Attorney

If you are charged with any type of marijuana-related offense in Massachusetts, it can help to speak with a knowledgeable attorney. Contact attorney Edward R. Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense
Drug Possess to Distribute
Marijuana
Search and Seizure
Reasonalbe Suspicion

What Makes a Massachusetts Arrest Lawful?

A man in Boston was recently arrested in connection with eight unarmed robbery offenses that occurred between November 2019 to February 2020. Charging documents reveal that the man wore a black ski mask and black gloves during the robberies, during which he demanded cash from bank tellers. The man has been charged with two counts of interference with commerce through threats or violence and can end up facing a maximum of 20 years in prison, three years of supervised release, and a fine of $250,000 on each account.

Each year, Massachusetts law enforcement arrests many individuals for interference with commerce as well as many other criminal offenses. When Massachusetts law enforcement arrests a person, they deprive that individual of the fundamental right to freedom. Given the importance of the right to freedom, Massachusetts law enforcement must follow several requirements while making an arrest. 

Some arrest requirements also help to make sure that law enforcement does not make a mistake while making an arrest that could end up jeopardizing the outcome of a charge. While the exact nature of arrests changes slightly between Massachusetts police departments, this article discusses some of the most critical procedures that police must follow when making an arrest.

When Law Enforcement can Make Arrest

Law enforcement in Massachusetts is only permitted to make an arrest in limited circumstances, which include:

  • When law enforcement has a judge-issued arrest warrant

  • When law enforcement believes that the individual arrested committed a crime

  • When law enforcement personally observes a crime

It is not permissible for law enforcement to arrest someone merely because the police have a “hunch” that someone committed a criminal offense.

Arrest Procedures Law Enforcement Must Follow

Arrests occur when a person reasonably believes that he or she is no longer free to leave law enforcement’s custody. Law enforcement is not required to use handcuffs or place a person in a police vehicle, but law enforcement might engage in these activities to remain safe. While there is no requirement that law enforcement read a person’s Miranda Rights at the time of an arrest, the police must read a person these rights before an interrogation. 

As a result, many law enforcement offices will read a person their Miranda Rights at the time of that person’s arrest. Additionally, most police officers will inform a person about why they are being arrested, but Massachusetts law enforcement has no legal obligation to do so.

Excessive Force and Massachusetts Arrests

In addition to the previously mentioned requirements, law enforcement officers are also not permitted to use excessive force or cruelty when making an arrest. Most times, law enforcement officers are only permitted to use the minimum amount of force necessary to both protect themselves and bring the suspect into custody. By resisting an arrest, a person increases the degree of force that law enforcement might use. This is why it is rarely a good idea to resist an arrest.

Speak with a Skilled Criminal Defense Attorney

Massachusetts prosecutors take robbery offenses seriously To respond to these charges, it can help greatly to retain the assistance of an experienced criminal defense lawyer. Contact attorney Edward R. Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense
Criminal Procedure
Miranda Rights

Emergency Court Closures Extended to May 4th

Today the SJC entered an order extending the general closure of trial courts until May 4th, with exceptions for "emergency matters," which appears to be limited to restraining orders.

For the public, the SJC also announced a help line.  I can't vouch for how helpful it will be, but here is the language from the order:

 

  • The Trial Court will announce today the April 2, 2020 launch of a Help Line for non-emergency matters that the public can call to ask general questions about their civil and criminal cases and help callers navigate the court system. The Help Line will be staffed from 8:30 a.m. to 4:30 p.m., Monday through Friday, and can be reached by calling 833-91COURT.

Three Common Reasons for Police Pull-Overs

Following an investigation into an alleged marijuana trafficker, Newport law enforcement arrested a person for delivering pounds of “high-grade” marijuana. The suspect was charged with marijuana possession with the intent to manufacture or sell, which is classified as a felony in Massachusetts.  

The arrest occurred because law enforcement learned the suspect was scheduled to deliver four pounds of marijuana to Newport in a Volkswagen Beetle. After positioning themselves at a highway ramp, law enforcement saw the vehicle approach the exit and fail to make a complete stop at a nearby stop sign. After performing a search of the vehicle, law enforcement found a gym bag containing four pounds of marijuana as well as a heat sealer. The suspect did not enter a plea and his bail was set at $3,000.

One of the best steps you can take to avoid ending up subject to a law enforcement pull-over is to avoid making some of the most violations that lead to these situations. The following reviews these violations in the hopes that you will be able to avoid being pulled over by Massachusetts law enforcement. 

Speeding

Most of us understand the motivation behind speeding. After all, the slower your vehicle travels, the longer it takes to reach your destination. Speeding results in accidents, jeopardizes the lives of motorists, and often leads to police pull-overs. 

Despite these risks, a growing number of people are speeding to reach their destinations. By slowing down while driving, you can also greatly reduce your chances of ending up subject to a police pull-over.

Hazardous Driving

This type of driving is dangerous and results in a countless number of police pullovers. Hazardous driving can include many driving patterns like failing to stop at a stop sign, running red lights, making illegal lane changes, performing illegal u-turns, and failing to yield.

There are simply some driving patterns that are never acceptable. You should do whatever possible to avoid operating your vehicle in such a manner. 

Sudden Lane Changes

Whether it is following too closely after changing lanes or improperly switching between them, changing lanes results in a large number of police stops. These driving patterns are also dangerous because they reduce a driver’s ability to avoid obstacles, which can arise suddenly on the road. 

It is common in Massachusetts for drivers to end up facing unexpected charges because they improperly change lanes or fail to give other motorists adequate room.

Contact an Experienced Criminal Defense Attorney

No matter what steps you take, sometimes it is impossible to avoid being pulled over by a law enforcement officer. If you are facing charges due to a pull-over, you are likely wondering how to respond. One of the best steps that you can take is to speak with an experienced attorney. Contact an experienced criminal defense attorney like Edward R. Molari today to schedule a free case evaluation.

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Criminal Defense

How can You Defend Against Massachusetts Firearm Charges?

Law enforcement in Springfield recently arrested four men and seized an illegal firearm and cocaine after executing a search warrant at an apartment. The arrests occurred after detectives investigating the illegal possession of firearms were granted a warrant to search the apartment. A firearm was later found to have been tossed out of the window during the search. 

Law enforcement later recovered the firearm as well as 133 rounds of ammunition, an empty magazine, approximately five grams of cocaine, and $451 in cash. Various charges have since been brought against the four men including possession of a firearm without a license, possession of a firearm during the commission of a felony, possession of ammunition without an FID card, and improper storage of a firearm. 

If you are a Massachusetts resident charged with a firearm offense, it is easy to feel uncertain or overwhelmed about what the future holds. One of the best first steps you can take is to speak with a skilled criminal defense lawyer.

Massachusetts Firearm Laws

There are various laws in Massachusetts dictating firearm usage. Some of the most common firearm offenses with which people in the state are charged include:

  • Knowingly possessing a loaded or unloaded firearm outside your home or place of business or without the required firearm license.

  • Possessing an illegal weapon like a machine gun or sawed-off shotgun. 

  • Carrying a shotgun or rifle on a public way.

  • Possessing a firearm during the commission of a felony.

  • Carrying a loaded firearm while under the influence of alcohol or drugs.

  • Illegally discharging a firearm within 500 feet of a dwelling without the owner’s permission. 

Even if you are not aware of the offense at the time of the violation, you can still end up facing serious penalties.

Responding to Firearm Related Offenses

If you are convicted of a firearm charge in Massachusetts, all is not lost. Instead, there are many ways to respond to these offenses. Some of the most common defenses used to respond to these charges include:

  • That you were someplace else at the time the firearm offense occurred

  • You did not own the firearm in question and it instead belonged to someone else

  • You had the necessary registration to carry the firearm in such a manner

  • You were subject to improper police tactics. This might include insufficient Miranda warnings, illegal searches or seizures, or the violation of other Constitutional rights

It can be difficult to determine which defenses can be raised in response to a firearm charge, which is why the assistance of an experienced criminal defense lawyer often proves critical.

Speak with an Experienced Massachusetts Criminal Defense Attorney

If you are charged with a firearm-related offense in Massachusetts, you have options. A skilled criminal defense attorney can review your case and create a strong legal strategy to respond to these charges. Contact attorney Edward R. Molari today to discuss your charges during a free case evaluation.

Tags: 
Criminal Defense

All Courts Closed Until April 6th

The Supreme Judicial Court has just issued an order closing all courts in Massachusetts until April 6th.  There are exceptions for emergency matters but they are extremely narrow.  To get a sense of how restrictive the order is, look at the following

5. Except as provided herein, all trials, whether jury or bench, in both criminal and civil cases, scheduled to commence in Massachusetts state courts between the date of this Order and April 17, 2020, are hereby continued to a date no earlier than April 21, 2020, unless the trial is a bench trial in a civil matter and may be conducted otherwise than in-person by agreement of the parties and of the court.  Where a jury trial has commenced prior to the effective date of this Order, a mistrial shall be declared based on the manifest necessity arising from the pandemic.

You can see the order here.

Four Critical Things to do When Fighting Rape Charges

A Northborough man in his 60s who taught high school and college currently faces both sex trafficking and rape charges after turning himself in to law enforcement. This development is the result of a two-year trafficking investigation by state police. During the investigation, various women were targeted, manipulated, and exploited by the teacher.  

Rather than providing financial support to these women, the teacher required these women to perform sexual acts with him. Additionally, a search of the teacher’s home revealed several marijuana plants and restraints used to bind victims. 

Currently, the man is being held on a $15,000 bail and has been ordered to forfeit his passport and pilot’s license. The man was also ordered to not leave his residence except for legal or medical appointments. 

If you are charged with rape or any similar offense in Massachusetts, it can help greatly to follow some important strategies to avoid jeopardizing the outcome of your case.

Avoid Offering Information to Law Enforcement

Many people think that cooperating with law enforcement means going above and beyond every request that law enforcement makes. This, however, does not make things easier for the person accused of the offense. Instead, if law enforcement questions you, the best idea is to exercise your right to remain silent.  

If you are subject to any form of police questioning, you should make sure that you remain silent if your attorney is not present. While it might not be exactly what law enforcement wants, remaining silent during this time is much better than making a mistake that could jeopardize the outcome of your case.

Avoid Speaking to the Press

Many sex crimes receive a great deal of publicity. Speaking to the media, however, will only endanger the outcome of your case. This is because the media tends to present stories in favor of the victim. As a result, you should be aware that anything you say could be taken out of context and eventually used against you.

Gather Supporting Information From Witnesses

There is a large amount of evidence collected during the trial of sex crimes. You should take the opportunity to locate and speak to any witnesses who might be able to support your side. In some situations, witnesses can even establish that you were somewhere else at the time the offense occurred and could not possibly have been the person who committed the crime. This is referred to as an alibi. 

Collect Other Supporting Evidence

Besides gathering eyewitness testimony, you should also collect other evidence supporting your defense. This evidence can include text messages, video surveillance footage, receipts, or voicemail. The strongest evidence shows that either someone else committed the offense or that you were not at the scene at the time of the offense. 

Contact a Skilled Massachusetts Criminal Defense Attorney

Being charged with a sexual offense can result in serious consequences including large fines and jail time. If you need the assistance of a skilled criminal defense attorney during this difficult time, do not hesitate to contact attorney Edward R. Molari.

Tags: 
Criminal Defense

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