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Providing Alcohol to Minors Law in Massachusetts – “Social Host”

September 24, 2020 2 Comments

Massachusetts “Social Host” law makes adults responsible for the actions of teens under their watch. It is illegal for adults to provide, supply, or furnish alcohol to anyone under age (under 21), and also to knowingly allow underage drinking in one’s home.

The charges can be pretty clear cut if parents or adults actually directly provided alcohol to underage kids. But things get complicated if the police don’t know, and the Commonwealth can’t prove that adults were aware of the party & drinking going on. For example, if the parents were away, or kids were drinking in the basement and the parents didn’t know they had access to alcohol, that could be a legitimate legal defense.

Social host charges or a criminal citation to appear at a clerk magistrate’s hearing, to be are far more likely to be applied if the party was the direct cause of a serious incident. That could be an injury, a DUI, or, these days, a COVID outbreak and school closings, such as recently happened in Lincoln-Sudbury.

[Read more…]

Filed Under: criminal charges Tagged With: alcohol, drinking, social host

Why wasn’t he arrested? A Misdemeanor Offense May Not Mean An Arrest

September 15, 2020 5 Comments

In misdemeanor cases, even serious ones like a misdemeanor motor vehicle homicide (also known as motor vehicle homicide by negligent operation of a motor vehicle)  or hit and run with personal injury, you can be accused of a crime, but not yet charged or arrested.  In fact, in cases where the police didn’t witness the crime, and the alleged offense is not a felony, they cannot arrest you.  [Read more…]

Filed Under: Clerk Magistrate's Hearing, criminal charges, hit and run (leaving the scene)

Distracted Driving Laws in Massachusetts

November 27, 2019 Leave a Comment

national distracted driving awareness month

The new Massachusetts hands-free driving law is a complete ban on any use of a handheld mobile device while driving. It takes effect on 2/23/2020.

The only authorized use of a phone behind the wheel are:

  1. Hands-free phone calls, and
  2. Using a GPS navigation device while your phone is mounted to the dashboard.

Penalties for distracted driving if you are stopped and ticketed are:

  • First Offense: A fine of $100
  • Second Offense: Fine of $250 and a required distracted driver education course.
  • Third or Subsequent Offense: Fine of $500 and a surchargable event on your auto insurance.

—

In Massachusetts, it is a ticketable offense to text while behind the wheel, under statute G. L. c 90, Sec13B. The penalty is a $100 fine for a first offense.

As of the date of this new law coming into effect, it will be illegal to hold a phone in your hand for calls or other active uses.

Last April was “distracted driving awareness” month in Massachusetts and nationwide. This means there will be increased high-profile media campaigns and news about texting while driving. In addition, many Police departments get extra Federal grants from NHTSA to pay for patrols, and are looking to write citations to raise awareness about texting while driving and other distractions.

Any electronic messaging via a mobile device, including texting, reading or composing an email, or internet access or communication via phone is not allowed by law.

[Read more…]

Filed Under: criminal charges Tagged With: distracted driving

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

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

Am I Going to Jail? I Was Charged With a Crime in Massachusetts

June 14, 2017 Leave a Comment

am I going to jail?

One of the most common questions we get from people who’ve been arrested or charged with a crime is Am I Going to Go to Jail?

That is a completely understandable concern. Most people have no idea how the criminal justice system works, and what a typical penalty is if you are convicted of a crime.

My first job when I speak to someone is to calm them down because almost everyone is worried about something that will never happen. I recently had a text conversation where I was happy to get this response:

You honestly helped relieve my stress I’ve never had something like this before and was freaking out about the jail time.

[Read more…]

Filed Under: criminal charges

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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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