Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

Can a Massachusetts Firearm Charge be Dropped?

A man in Boston was recently charged with possession of a firearm without a license as well as improper firearm storage, possession of ammunition, assault utilizing a deadly weapon, disturbing a public assembly, and operating following revocation of a license. 

The man in question is a father who pulled out a firearm at a basketball tournament held in Westford. The man’s bail was later set at $1,000 and then revoked. The man was arrested after law enforcement responded to a call concerning a disturbance. Following law enforcement’s arrival at the scene, witnesses informed them that the man with the gun had fled the scene. Law enforcement was later able to locate the man’s vehicle.

The district attorney’s office later stated that additional investigation revealed that the man’s son was participating in a basketball tournament when the man got into a fight with a parent of an opposing team member. The man in question allegedly displayed a firearm to the opposing parent. Due to the fight, participants left the facility. Videos later posted on social media reveal people ran from the facility after hearing shouts informing others that a firearm was present. 

Police report that shots were not fired. One parent, however, states that there was “more than a disturbance” and children were visibly upset and crying.

If Massachusetts Law Enforcement Questions You About a Firearm 

One of the first steps that you should take if the police begin questioning you about your firearm is to be safe. Being approached by law enforcement has the potential to quickly evolve into a volatile situation. 

If you have any paperwork detailing your right to carry a firearm, you should make sure to provide this documentation to law enforcement. You also should not be afraid to utilize your Fifth Amendment right to remain silent if you are questioned by law enforcement. Gun charges are extremely serious and remaining calm during your encounter with law enforcement can greatly improve the outcome of your situation.

Ask for Help

If you do end up facing firearm charges, one of the best things that you can do is contact a criminal attorney who can help you review your various strategies for responding to the charge. Attorney Molari has helped countless people respond to and achieve successful outcomes with firearm cases.

When it comes to creating a strategy to respond to firearm charges, you should not hesitate to share all critical details with your lawyer. Do not attempt to hide or gloss over any aspect of your situation when speaking with your attorney. 

Contact a Firearm Defense Attorney

Firearm charges can be dropped, but it is not easy to achieve this. If you are interested in having a firearm charge dismissed, one of the best first steps you can take is to speak with an experienced attorney.

If you or a loved one has been charged with a firearm offense in Massachusetts, you should consider contacting an experienced criminal defense attorney. Reach out to attorney Edward R Molari today.

What to Do if Your Assets are Seized by the Police

A Massachusetts drug raid recently resulted in multiple arrests and the seizure of hundreds of thousands of dollars’ worth of drugs and cash. The investigation came after complaints were received concerning alleged drug dealing in the area. Some even went so far as to describe the area as a “drive-thru” drug store. Surveillance performed by police substantiated neighborhood complaints and detailed that frequent drug trades were occurring. Additionally, search warrants were secured to search the area for a large quantity of mushrooms as well as THC-containing products and cash. The suspects questioned will be arraigned in Dedham District Court. 

Many times, when law enforcement performs an arrest, they also seize personal assets. Based on the facts surrounding the arrest as well as the type of property seized, you may or may not be able to reclaim your property. Law enforcement may have broad power to seize your  property, but there are steps you can take to reclaim your assets.

Remember, if law enforcement seized assets during an arrest, they must provide you with a receipt that indicates what items they have. If an asset is seized during a police search, the police must complete an itemization of property seized.

Common Reasons Why Massachusetts Law Enforcement Seizes Property

In determining whether you will get your assets back, you should start by asking why Massachusetts law enforcement took them in the first place. Some of the most common reasons why the police take property include:

  • Safekeeping. Law enforcement sometimes seizes assets to safeguard their theft. These cases typically arise during traffic stops. Provided you are not charged with anything and the seized items serve no purpose to law enforcement, the items often can be returned to the rightful owner at the police station. 

  • Forfeiture. Law enforcement sometimes seizes certain assets because they think the assets were either used or obtained during the commission of a crime. If this is true, law enforcement will likely permanently retain the asset. For example, this type of forfeiture might involve drug paraphernalia.

  • Contraband. Contraband includes property that law enforcement seizes because it is a criminal offense to have it. The category of contraband includes illegal drugs as well as unlicensed weapons and counterfeit money. If you are charged with possession of contraband, the police will hold the asset as evidence until your case resolves and then destroy the contraband. 

  • Evidence. Based on how the seizure occurred, some assets might not be contraband or subject to forfeiture but are still necessary to prosecute a criminal case. Property in these situations is often held until the conclusion of the case.

Contact a Drug Crime Defense Attorney

Regardless of the nature of your Massachusetts drug charge, one of the best things that you can do is to obtain the assistance of an experienced criminal defense attorney. Do not hesitate to contact Attorney Edward R Molari today to schedule a free case evaluation.

What Should You Not Do While on Bail?

A man who received an acquittal in the firearm-related fatality of a Boston law enforcement officer recently received several unlawful firearm charges while he was waiting for federal sentencing on matters connected to crack distribution and fentanyl. The man was arrested in 2014 by Boston law enforcement after the murder and charged with several offenses including illegal firearm violations while waiting on federal sentencing. Now, the man faces additional charges related to the firearm, which was a Glock that could hold a lot of ammunition. The firearm was taken from a rental vehicle in March 2021 while a young child was seated in the back of the vehicle.  

If you are out on bail, there is a list of things that you should never do until you are no longer on bail. One of the primary things that you should do is stay in close contact with the person who handles your bond. You should also learn about any real or potential updates to your status or any details that happen while your agreement is being held. The following are some of the most important things that you should never do if you are released on bail.

Do Not Use Alcohol or Drugs 

Illegal substances as well as alcohol can lead a person into all types of trouble. Both alcohol and drugs influence your decision-making and can lead you to commit poor choices. Remember, should problems occur while you are on bail, you might lose your ability to remain on bond. Even though the temptation is strong, do not give in to alcohol or drug use while on bond.  

Do Not Engage in Criminal Activity

Following a bail release, you simply cannot afford to get arrested again. If anyone you know, even a friend or family member, was a bad influence on you before, you should keep your distance from them. While it might seem like a challenging thing to do, it is the best way to make sure you stay safe and avoid any complications with your bail status.

Do Not Lie to Your Attorney

Your lawyer must know the truth about your situation. This way, your lawyer can make sure that you have the strongest defense strategy possible. This means that your lawyer needs to know all of the critical details about your arrest and bail. Any dishonesty to your lawyer could leave you in a much more dangerous position. 

Never Skip Out on Bail

Not showing up for a scheduled court date constitutes skipping bail. A person can also skip bail if they leave the area without first obtaining the judge’s permission. If you skip bail, the court will then issue a warrant for your arrest. A bail enforcement agent will then be tasked with apprehending you. 

Obtain the Assistance of a Firearm Defense Attorney

The state of Massachusetts takes firearm offenses seriously. That is why if you or a loved one is charged with a firearm defense in Massachusetts, you need to speak with a skilled and experienced lawyer right away. Contact Attorney Edward R Molari today for assistance.

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. 


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.

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.

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.

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. 

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.

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.

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.