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Many people in Massachusetts fail to recognize that driving under the influence of drugs or drugged driving is just as bad as driving under the influence of alcohol, and both are illegal. Drugged driving is rapidly becoming a more frequent occurrence that driving under the influence of alcohol. According to a recent article by Fox25 News, there has been a 42% uptick in drugged driving over the past five years, compared to a 26% uptick in drunk driving cases over the same time period, based on data collected by the Massachusetts Department of Transportation.

Medication and driving is dangerous.

OUI Drugs in Massachusetts

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No FID Card and the Danger of Reporting a Stolen Firearm

This is not an uncommon story. Someone from out of state comes to Massachusetts. They bring with them a firearm lawfully purchased and possessed in another state. They don’t know the gun laws in Massachusetts. Their home gets broken into and the gun gets stolen. They do what any law abiding citizen would do. They report the firearm stolen at the nearest police station. And guess what happens next? They are charged with unlawful possession of a firearm and possibly improper storage of a firearm. Someone shrewder might call a lawyer first and ask what to do “if I have no FID card and my gun gets stolen”? Continue Reading

When Massachusetts law enforcement officers suspect that you are driving under the influence, they are permitted to request you to submit to chemical testing under M.G.L. Chapter 90, Section 24. The chemical testing could include a breathalyzer test, urine test, or a blood test. Blood sample tests are one of the most accurate forms of testing that can be conducted to determine a person’s blood alcohol concentration at a given time.

Blood Sample

Blood Sample Tests

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You Need a Lawyer at a Clerk Magistrate Hearing

About two months ago I was contacted by a woman who received notice for clerk magistrate hearing charging her with assault and battery on a pregnant person. After discussing the case it became clear that the accused was actually the victim and vice versa. The defendant retained me and the first thing we did was apply for a cross-complaint. A detective was assigned to the case and an application for a cross-complaint issued, charging the “victim” with assault and battery by means of a dangerous weapon. A hearing on both matters was scheduled for the same day. The outcome of this case provides a clear example of why you need a lawyer at a clerk magistrate hearing. Continue Reading

Home Invasion

Home Invasion

According to a recent article by Boston.com, a 21-year-old ex-boyfriend smashed open his 17-year-old girlfriend’s bedroom window and climbed inside her Worcester apartment early one morning. The suspect was confronted by a witness, and fled from the apartment. He was later tracked down by law enforcement, was taken to the hospital, and was charged with assault and battery with a dangerous weapon and home invasion. Neither the name of the victim or the suspect was released, as this was considered a domestic violence incident. Continue Reading

Involuntary Manslaughter

Involuntary Manslaughter

Returning to the saga of Michelle Carter (an early blog post about her alleged crimes can be found here), the teen who allegedly encouraged her boyfriend, Conrad Roy, who was eighteen at the time, to commit suicide, can stand trial for the death of her friend, according to the Massachusetts Supreme Judicial Court. Boston.com recently reported that Carter will have to stand trial for involuntary manslaughter. Continue Reading

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Manslaughter

A Malden man is facing manslaughter charges after he allegedly pushed his friend into the Charles river and the friend died as a result, according to Boston.com. Lenny Quintero-Flores, age 27, and his friend Mitchell Harrison, age 26, were sitting on a dock drinking together along the Charles river when Quintero-Flores allegedly shoved Harrison into the water with his feet. Police investigations determined that Harrison was either asleep or unconscious when he was pushed into the water. Harrison suffered drowning injuries before being pulled from the water by police and firefighters. He was rushed to Brigham Womens Hospital but died the next morning. Continue Reading

On May 23, 2016, Roslindale residents were shocked to awaken in the middle of the night to a fire at the nearby elementary school, according to the Boston Globe. The playground at the Charles Sumner Elementary School was intentionally set on fire. The fire spread from the playground to nearby trees and powerlines, but local firefighters were able to stop the blaze before it got out of control. Arson is suspected.

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Arson

A smaller fire had been set at the same playground a few weeks earlier, but that first fire had not been linked to any particular perpetrator. However, three suspects were apprehended for the fire that occurred on May, 23 – two teenagers and an adult. The fire caused more than ten thousand dollars worth of damage to the playground. The suspects have been charged with intentionally setting a fire, arson. Continue Reading

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Allegations of Sexual Assault

Everyone is aware of just how quickly news travels these days. The smallest events in a person’s life can be shared immediately over over the Internet through some form of social media. I am not aware of anyone who does not own a smartphone, capable of photographing and videotaping at the push of a button. Whatever you do you must be aware that someone, perhaps anyone, can capture your activity and post it through a social media application. In the past I have written about the dangers of posting one’s activities to Facebook or through texts, chats or other applications. Many criminal defense lawyers have written about this and warned of the consequences. But for some reason, too many people, particularly young people choose to ignore the warnings. Whether true or not, allegations of sexual assault travel quickly over the Internet. Continue Reading

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Conspiracy Charges

When defendants are faced with drug charges, these charges are often coupled with conspiracy charges. The two charges are separate, but are often brought together at the same time against a criminal defendant who stands accused of committing both crimes. Conspiracy charges are often tacked on to an underlying drug law violation, such as possession, intent to distribute or manufacturing illegal drugs or controlled substances. When conspiracy charges are tacked on to drug charges, the result can be increased penalties if the criminal defendant is convicted. Continue Reading