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Are Clerk Magistrate Hearings Secret Proceedings Where The Privileged Get Criminal Charges Buried?

September 10, 2019 Leave a Comment

quincy district court

Update: 9/10/19: The Mass SJC orders increased transparency for “show cause” hearings. Among the new requirements:

  • All hearings will be recorded.
  • Information about the hearings will be publically available in more cases, with anonymous data.

[Read more…]

Filed Under: Clerk Magistrate's Hearing

What to Do if You Get a Criminal Citation in Massachusetts

September 9, 2019 Leave a Comment

Massachusetts Uniform Citation Criminal Charge

A Massachusetts Uniform Citation with the box checked for a criminal application means you are being accused of a criminal offense.

An officer can decide to issue a citation for a misdemeanor criminal charge at his discretion instead of arresting you, in cases like drug possession or negligent operation of a motor vehicle. A criminal citation can be sent through the mail, or handed to you in person by a police officer.

For a misdemeanor offense not in the presence of a police officer, such as a hit and run accident or a shoplifting case, this is how it works. You are not arrested but it is a criminal accusation just the same.

So make no mistake, a Massachusetts Uniform Citation with the checkmark criminal indicates you are facing a criminal charge, whether it is an assault, leaving the scene of an accident, operation on a suspended license, reckless driving, shoplifting, property damage, minor in possession of alcohol, or OUI or almost any misdemeanor criminal offense.

[Read more…]

Filed Under: criminal charges

Mobile Augmented Reality Games and Reckless Driving

July 22, 2019 1 Comment

pokemon go trespassing

Augmented reality games that require moving around and interacting with the virtual world are extremely popular, but are quite dangerous when playing from your car.

The new Harry Potter: Wizards Unite, along with classics like Pokemon Go an Ingress encourage you to explore the world and gather objects and resources, but are unsafe if you are also trying to drive, and can even lead to criminal charges.

[Read more…]

Filed Under: Uncategorized

I Committed a Hit and Run. How Do I Get My Car Fixed and Avoid A Criminal Charge?

July 10, 2019 15 Comments

Are you worried that you caused a hit and run car accident? It’s surprisingly common, and honestly, it could happen to anyone.

Sometimes you literally don’t realize you caused an accident until later. You get home and notice the damage on your car. But at the time it happened, you didn’t think there was any damage.

Whether you scraped a parked car, hit a road sign, scratched or bumped into another vehicle, or even something more serious, it is entirely possible to not fully understand what happened at the time. You may have thought it was just a near miss, and you went on your way. With the stress of the adrenaline and the panic, you may not realize that your “near miss” accident actually cause some damage. The noise of screeching brakes and the shock may have distracted you from the sound of impact.

However, admitting fault to the police OR your insurance company can have criminal legal consequences.

So you need to carefully consider your next steps. I know you want to do the right thing, but it’s not as obvious what that is as you might think.

[Read more…]

Filed Under: hit and run (leaving the scene) Tagged With: hit and run

Prostitution Arrest in Massachusetts

December 20, 2018 Leave a Comment

Hiring someone for prostitution (or “sex for a fee” as it says in the Massachusetts statutes) is a risky proposition with aggressive law enforcement focus.

Police departments actively work with prosecutors to set up stings by running online ads. While Craigslist bans such activity and Backpage is shutdown, there are many other sites where solicitation by escorts is still widespread. And if potential customers can find them, so can police, to post fake solicitations for stings, and even entrapment. Attleboro police recently did just that on skipthegames.com and megapersonals.com.

Many of the Massachusetts District Attorney’s offices and Attorney General Maura Healy herself are also aggressively targeting and arresting anyone alleged to be hiring prostitution. While the goal of the crackdown is attempting to end human trafficking, consensual non-coerced sex work is absolutely under fire. And anyone running such an operation is should be deeply concerned about the risk of very serious charges.

And now in 2018, some state DAs are directing their prosecutors to not easily dismiss any of these cases and to fight for convictions.

This is an extremely embarrassing charge to face. I have represented many men accused of soliciting prostitution and other sensitive charges for which you wouldn’t want your family or coworkers to find out.

I can help.

If you are trying to figure out how to deal with a prostitution arrest, give us a call for a confidential consultation. We will discuss how we will aggressively defend your rights, work to avoid the most serious penalties, and most importantly, fight to prevent the stigma and embarrassment that would result from a criminal conviction on your record. [Read more…]

Filed Under: criminal charges

I Got a Civil Relief Action Letter for Shoplifting. Should I Pay It?

September 11, 2018 Leave a Comment

Retailers are increasingly aggressive in sending out “civil relief”, “civil recovery” or “civil demand” letters to anyone they accuse of or catch shoplifting in their stores. The bigger chains send out these threatening letters all the time, either from their own loss prevention departments or via outside law firms to whom they outsource these collection efforts.

These letters are aggressive, scary, and threatening.  Often if you ignore the first letter, they will send you increasingly insistent letters, and quite likely increase the amount of the civil relief they want you to pay.

I tell my clients not to pay them, and I’ll go through the reasons why in a moment.  You can ignore these letters, or if you hire us to represent you on a criminal charge, we can write them a letter on your behalf telling them to stop bothering you.

[Read more…]

Filed Under: shoplifting

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Criminal Procedures

  • Do I Need a Lawyer for an Arraignment in Massachusetts?
  • How to Avoid a Criminal Record – Pretrial Probation vs Pretrial Diversion
  • What To Do While You Are Waiting For a Clerk Magistrate’s Hearing Date
  • I Know I Am Guilty. Should I Just Plead Guilty in Court?
  • How Much Does a Criminal Lawyer Cost in Massachusetts?

OUI Charges

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