Domestic Violence in Massachusetts
May 17th, 2012 | 
Author: Emotions run high when family members have an argument and sometimes that argument escalates to a point where one or more members winds up facing charges of Domestic Battery or a Violation of a Protective Order. Sometimes cases like theses are simple mistakes—an out-of-control situation or an argument that’s gone badly. Often times when emotions run high there is a false accusation made which could have severe and dire consequences for the accused.
It takes a competent, effective and proven Massachusetts Criminal Defense Lawyer to work with you to make sure that you are properly represented and end up in the best position that you possibly can be. Keegan Law, PC has a proven record of success in the the Massachusetts Courts. Often times domestic battery charges against our clients are dismissed and when they aren’t dismissed we are ready to go to trial and will do everything that we can to ensure that the jury will come back with a not guilty.
It’s fair to say that Massachusetts Domestic Violence Laws (Chapter 209A) favor the prosecution. The State’s District Attorney’s Offices will often follows up on domestic cases even though it’s not uncommon for individuals to allege domestic violence as a manipulative tactic. Since proof of injury is not a required element in the charge of domestic battery—even though bodily harm is often alleged even without proof—many cases are simply “he said, she said” situations. Choosing the right Massachusetts domestic battery attorney to represent you can be the difference between a favorable outcome and a negative one or a guilty versus a not guilty.
Every year more and more domestic battery laws are created through new legislation and case law rulings. Enhancements to felonies, jail sentences, length of probation, mandatory overnight jail stays upon arrest—all of these have come into existence only in the last ten or so years. And with almost every legislative cycle, new mandates are imposed upon the police and courts by the legislature.
Merely being charged with domestic battery can complicate your work and personal life, now and in the future. A conviction for domestic battery can hinder your ability to get professional licenses and prove detrimental to promotions that you may be in line for. Don’t lose your legal rights because of a domestic battery or violation of a restraining order case.
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Arrest Warrant: Penalties and How to Make Them Go Away
Having an Arrest Warrant or a Default Warrant that is active and against you is tempting fate and that is not something that you need hanging over your head. If you encounter enforcement officer he or she will probably run you for warrants and if they do you will be arrested, taken to a detention facility, booked and brought before the court when the court is open. If you are lucky it will be during normal business hours of the court and you will not be detained for excessive period of time.
If you are returning from a trip out of the country and have an active warrant on you it could take several days to get to court and in the meantime you may be held in custody. All of this can be avoided if you address the problem and that is where Keegan Law, PC comes in and helps. We will set up a free confidential consultation that can sometimes be done right over the phone by our Massachusetts criminal defense attorneys. We have the experience insider knowledge and relationships to have the warrant recalled and sometime even have the case outright dismissed. Making sure that your warrant is cleaned up means not living in fear. In most cases it is better to turn yourself in then to have the police bring you into court in handcuffs. Notifying us and having us bring you into the court lets you be effectively represented and helps minimize a serious situation.
A warrant is a piece of paper that allows law enforcement to arrest a person on-site. The most common types of warrants that there are in Massachusetts is a straight warrant or a default warrant. There are other types of warrant and other ways that a warrant will issue such as a probation violation, failure to pay fine, failure to appear in court, etc.
In order for a straight warrant to issue there must be probable cause to believe that the person who is the warrant is being sought for has committed a crime. Probable cause is defined as it being more likely than not that the person who is being accused of a crime has committed the crime.
The most common ways for a default warrant to issue are the the person misses a court appearance, or fails to pay a fine. There are of course other ways for a warrant to issue and if you have a warrant or think that you have one contact us and we can help.
Potential Penalties for a Domestic Violence Conviction
POTENTIAL PENALTIES FOR DOMESTIC VIOLENCE CONVICTIONS
Typically, a domestic assault charge carries a potential 2 ½ year prison sentence and fines reaching $1,000. However, if the assault is committed while a protection order is in place, that potential sentence is elevated to up to 5 years and $5,000 in fines.
Other things like the severity of the assault or if a weapon was used can further increase your potential penalty when charged with domestic violence.
Ref: MGL §265.13A
When it comes to domestic violence charges, the prosecution doesn’t want to dismiss the charge even when the alleged victim doesn’t show up to testify or asks that the charges be dropped. I have actually gone to trial when the alleged victim left the court before testifying and didn’t return to tesitfy. The District Attorney’s Office went forward with other evidence and sought a conviction. After hearing all of the evidence including testimony from the Defendant they came back with a unanimous decision of not guilty and my client walked out of the court room a free man without any sactions placed upon him.
Often times when people are arrested they view their case as somewaht hopeless. The best thing to do is to call an experienced litigator because we can challenge the evidence against you or capitalize on your lack of criminal record, for example. We will do everything possible to come up with a strategy to defend you and to make sure that you receive the best outcome possible and many times that will be when the jury finds you not guilty.Exactly how we handle you case depends on the specific circumstances of your situation. Contact Keegan Law to discuss the details. The consultation is free.
As a former Police Officer, Attorney Joseph Keegan is well aware of the many legal strategies both law enforcement and district attorneys will use when trying to obtain a domestic violence conviction. Mr. Keegan uses his prior knowledge as a police officer to his clients’ advantage by challenging evidence submitted by state attorneys, investigating faulty law enforcement procedures, and ultimately providing the best criminal defense for every single one of his clients.
Call Keegan Law Offices, P.C. today for your free initial consultation at 617-479-2933.
Penatlies for a Drug Conviction
The potential penalties you face depend on the drug that was found and the amount. Controlled substances are classified as Class A-F in Massachusetts with Class A drugs being the most dangerous and the most harshly prosecuted.
Though marijuana possession has been decriminalized for small amounts, larger amounts and distribution still have serious criminal penalties.
Possession of a Class A substance
Class A substances include things like heroin, GHB, and morphine. These drugs are seen as having a high risk of dependency and are punished the most severely.
1st Offense: You will face up to 2 years in jail
2nd Offense: You will face 2 ½ years to 5 years in prison.
Possession of a Class B drug
Class B substances are still very addictive and include cocaine, ecstasy, methamphetamine, oxycontin, and LSD.
1st Offense: Up to 1 year in jail
2nd Offense: Up to 2 years in jail
Possession of Class C-E substances
Typically, if you are caught in possession of one of these lesser drugs, you will be able to serve probation or a continuance without finding (CWOF). However, there are many variables that can change this depending on the drug and the potency of it.
Because many drugs within these lower classifications are prescription drugs, you can face additional charges if you are caught using the prescription of another person or using fraudulently obtained scripts.
Ref: MGL § C. 94C
With any drug possession charge, you will likely lose your driver’s license for a period of one year. however, you may qualify for a hardship license. Call me for details.
When facing charges as serious as these, you need a defense attorney on your side willing to fight for your rights. Contact my offices for a free consultation and some valuable legal advice.
Firearm Defenses
OUI Child Endangerment
If you have recently been arrested for operating under the influence (OUI) while with a child in Massachusetts you should immediately speak with an experienced criminal defense attorney.
Massachusetts has strong penalties when parents, guardians, adults or caretakers get behind the wheel of a vehicle after consuming alcohol and an underage child is present. Because child endangerment is defined as an activity that puts a child’s physical, mental, or social well being at risk, driving while intoxicated could easily lead to this charge and often times it does.
The penalty for Massachusetts OUI child endangerment depends on a number of factors, including but not limited to the jurisdiction of the offense, the age of the child, and the number of prior OUI offenses on the driver’s record.
In addition to the penalties for OUI, a person convicted of child endangerment may be ordered to serve additional jail time, probationary time and pay hefty fines. The defendant may also have their license suspended or revoked for an additional length of time.
An experienced and knowledgeable Massachusetts OUI lawyer will evaluate the case in order to determine the best strategy to defend you. Your OUI lawyer may also review the results of your chemical test—whether it was breath, blood, or urine—to determine if it was conducted on faulty equipment or by a law enforcement agent who did not receive the proper training. These tests have a number of flaws in them that can artificially inflate your results. If your lawyer can challenge the results of these tests in order to support the claim that you were not under the influence, there is a good chance that your Massachusetts OUI child endangerment charges could be dropped or be found not guilty.
Call Keegan Law, PC at 617-479-2933 and make sure that you have an attorney working hard for you.
Civil Forfeiture
Civil forfeiture—where the government can take and sell your property without ever charging you with a crime, let alone convicting you of one—is one of the greatest threats to property rights in the nation. To make matters worse, such forfeitures often fund law enforcement officials’ budgets, giving them a direct financial incentive to abuse this power.
February 29, 2012
Definition of Domestic Violence
Any abusive, violent, coercive, forceful, or threatening act or word inflicted by one member of a family or household on another can constitute domestic violence.
If you have been accused of domestic violence you need to speak with a criminal defense attorney.
The Registry of Motor Vehicles and DUIs
The Massachusetts Registry of Motor Vehicles (www.massdot.state.ma.us/rmv/) recently decided to interpret the rules on license suspensions after an OUI (Operating Under the Influence) guilty finding or plea that includes a refusal to take a breath test. The length of time for a license suspension after a breathalyzer or breath test refusal is now run concurrent with a license loss period for the conviction.
There are a lot of nuances with not only the court system but also with how the Registry of Motor Vehicles handles license suspensions. The Registry is not bound by what the Court does when it comes to convictions. You need an experienced attorney like Joseph Keegan on your side to make sure that your rights are protected. Call Keegan Law at 617-479-2933 to speak with Joe.
What is Probable Cause to Arrest
The best-known definition of probable cause is “a reasonable belief that a person has committed a crime”.[2] Another common definition is “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true”.[3] Notable in this definition is a lack of requirement for public position or public authority of the individual making the recognition, allowing for use of the term by citizens and/or the general public.
In the context of warrants, the Oxford Companion to American Law defines probable cause as “information sufficient to warrant a prudent person’s belief that the wanted individual had committed a crime (for an arrest warrant) or that evidence of a crime or contraband would be found in a search (for a search warrant)”. "Probable cause" is a stronger standard of evidence than a reasonable suspicion, but weaker than what is required to secure a criminal conviction. Even hearsay can supply probable cause if it is from a reliable source or supported by other evidence, according to the Aguilar–Spinelli test.
Many people are quite suprised to learn that someone can make an accusation against them and that it enough to for the police to arrest them and for the District Attorney to prosecute them and bring them before a trial. There is no other corroborating evidence that is needed.
Just last week I went to trial (October 26, 2011) in on behlalf of my client in the City of Boston for the charge of Assault and Battery because they were accused of punching the complaining witness in the face. The only evidence that came in at trial that this actually happened was the testimony of the complaining witness. There was no other evidence that came in against my client. My client testified that there was an altercation but that it started by the comlaining witness attacking my client and my client testified that they acted in self defense. The ultimate outcome was a not guilyty but my client was quite unhappy to learn that there would be a trial when the only evidence that the government had to use against her was the testimony of the complaining witness.
All too often I am involved in cases where the only evidence against my client is a blanket allegation by the complaining witness that my client did something unlawful. Even when the story doesn’t make sense of the complaining witness doesn’t seem reliable the government goes forward on the case and we are pressed to go to trial with the risk of losing. Fortunatley the jury almost always sees through the illogical story of the untruthful witness and they present the defendant with a not guilty, but there are time when this doesn’t happen or the defendant take a plea agreement to avoid the risk of a guilty on their record.
Even when we take a look at the recent and current happenings in the news with Occupy Boston and the arrests that are taking place there. Is there probable cause in each of and every one of those arrests or if behavior that is unppopluar?
If you have been accussed of committing a crime do the best thing that you possibly can and contact an experienced defense attorney that has the knowledge and skill to take your case to trial and get you the not guilty that you deserve!
KeeganCriminalLaw.com November 4, 2011
YourMassLawyers.com
Keeganandflanagan.com