The crime-drama shows on television always follow the same general plot line: a crime is committed, a suspect is identified, but then the suspect has an alibi, and the search for the real killer/thief/attacker continues for the remainder of the episode. In these shows, the suspect with the alibi becomes a suspect in the first place due to some sort of incriminating evidence against him or her at the scene of the crime. For instance, a DNA sample was present at the scene of the crime that belonged to the suspect (a cigarette butt, a drop of blood, a wad of chewed gum, etc.), there was some sort of connection between the suspect and the victim (they were friends, ex-lovers, co-workers, business partners, etc.), or a witness alleges that he or she saw the suspect at the scene. Regardless of how it happened, the suspect got tangled up in the investigation of the crime. Fortunately, there may be an alibi defense that can help you get acquitted. Continue reading
It’s the holiday season once again and the stores and shopping malls are jam-packed full of busy shoppers trying to get their holiday purchases completed. It’s also the time of year that more and more retailers accuse customers of shoplifting merchandise. When people take items without paying, it is a problem. However, there are a number of individuals who are accused of shoplifting by store clerks and retail security, who are actually innocent. There are also a number of cases around the holidays in which a customer accidentally forgets to pay for an item.
The customer might have not been paying attention to what they were doing; were too busy thinking about all the things they had to do to get ready for the holidays. Maybe they absentmindedly placed an item in their purse or pocket, with no ill intent. These things happen. If you have been accused of shoplifting, you should contact an experienced Massachusetts shoplifting defense attorney to help you defend yourself against the charges. Continue reading
Whether pot should be legal is a hot topic across the country. Several states have enacted laws legalizing the use and possession of marijuana, and many other states are considering similar legislation. Many think that Massachusetts may become one of the next states to legalize pot, and marijuana is already legal in the Bay State for medical use. Possession of marijuana for personal use has been decriminalized in Massachusetts, and being caught with one ounce or less in your possession is a civil offense and requires the payment of a fine of no more than $100. Getting caught with more than an ounce for personal use is a misdemeanor and could carrying some jail time and a fine. Significant jail time and hefty fines still exist for those individuals who get caught with a large amount of pot in their possession. So a question in marijuana drug cases that seems to arise is “is the smell of pot enough for a search?” Continue reading
Firearm laws are clearly defined and strictly enforced in Massachusetts. Anyone wanting to legally possess or carry a firearm must follow strict protocol and carry a firearm identification card, or FID. While gun violation penalties are serious, they are increasingly severe in the presence a controlled substance. If you find yourself facing charges involving both a firearm and controlled substance, contact a criminal defense attorney right away. This post examines how you might defend yourself against the possession of firearms and narcotics. Continue reading
If you have been served with a protective order in Boston, you are not alone. Every year, thousands of Massachusetts citizens, mostly men, are falsely accused of abuse of many kinds, resulting in restraining orders being issued against them. But with the right information and legal counsel, you can defend yourself against the alleged plaintiff’s accusations. Hiring the right restraining order defense attorney in Massachusetts might be the best decision you ever make. Continue reading
The Lawrence Eagle Tribune reports that a Webster woman has been charged with stealing the identity of 22 individuals, some of which belonged to patients at the hospital where she worked. Katherine Benitez, a 54-year-old employee of University of Massachusetts Memorial Medical Center, located in Worcester, was fired earlier this year after accessing the personal files of more than 2,400 patients at the hospital. She later used the identity of 9 of those patients, and many other stolen identities to purchase utility services and cellular telephones. At this time, the police believe that Benitez’s daughter and the daughter’s boyfriend are also involved in the identity theft scheme as well. Beneitez is being changed with conspiracy, larceny, forgery and multiple counts of identity fraud. Massachusetts identity theft defense lawyer Kathleen McCarthy defends these kinds of crimes.
In an ideal world, a restraining order would serve only to protect an innocent party from a former partner’s acts of abuse. However, the court system is designed to look out for the rights of women and often allow an accuser to manipulate the law in service of their own agenda. Police are trained to act upon any reported violation of a protective order and will assume the guilt of the accused, despite the legal premise of innocent until proven guilty. To protect the safety and welfare of the alleged “victim,” courts will often disregard the rights of the accused. The post focuses on restraining order abuse and how you can protect yourself from it. Continue reading
Restraining orders, or protective orders, are serious legal mandates. Any violation could subject you to severe legal penalties, especially if a violation is made while on probation or parole. When served with a protective order, you should always act fast in obtaining legal defense. Never try to represent yourself and be careful of what you say to the police. The sooner you consult with a criminal defense attorney, the better your chances will be to avoid criminal charges and protect your personal record. Continue reading
Driving while under the influence of drugs or alcohol is a mistake that many Massachusetts folks make every year. While getting the initial DUI in Massachusetts or anywhere is bad, there are a number of things that the suspected driver can do to exacerbate the situation. The following includes three things that you should keep in mind if you are pulled over for a suspected DUI. Continue reading
A cocaine possession charge can have drastic consequences on your life, both personally and professionally. In Massachusetts, a cocaine possession charge can result in serious jail time and fines, along with the one-year loss of driving privileges. If you are facing a charge of cocaine possession, don’t fight the case on your own. Instead, consult an experienced local defense lawyer to fight for your best interests.