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Worcester Criminal Defense Law Blog

Defense for Massachusetts residents accused of drug crimes

From a legal standpoint, it can be difficult to understand the ramifications and consequences of a drug crime. This is largely due to how many different crimes there are, the lines between each of which are very thin. For example, being in possession of a drug is not the same as being in possession of a drug and attempting or intending to sell it. Being in possession of drug paraphernalia is not the same as being in possession of the drug for which the paraphernalia is allegedly used.

Intoxicated driving penalties in Massachusetts

People who are charged with driving under the influence in Massachusetts face severe penalties. If the offense is a second or subsequent one, the penalties increase as well. Those who are convicted of an intoxicated driving offense may expect significant fines, possible incarceration and mandatory treatment.

First DUI offenses may bring a fine between $500 and $5,000, imprisonment up to two and one-half years or both. If the person is granted probation, they will additionally be assessed a fine of $250, $187.50 of which will go to the Head Injury Treatment Services Fund. An additional $50 will also be assessed, and the amount cannot be waived by the court.

Suspects allegedly threw drugs from car during police pursuit

A one-month investigation by multiple Massachusetts law enforcement agencies resulted in the arrests of two men on drug possession and distribution charges in Easton. According to the Easton Police Department, the investigation focused on a 27-year-old man from North Easton and another man, 34, of Plymouth.

Suspecting the men sold heroin and cocaine, law enforcement attempted to pull the men over in a car at Belmont and Washington streets. The men drove away on Route 138. Police pursued and saw the men throwing objects from their vehicle. Police recovered the thrown-away items and said they were drugs. Eventually, the vehicle stopped, and police arrested the men.

Alleged victim in Snapchat rape video says it was consensual

A defense lawyer for one of the people accused of participating in the sexual assault of a 16-year-old Massachusetts girl has asked the court to summon the girl to testify. The lawyer wants her testimony to be considered because it might sway the judge to allow her alleged assailants to be released on bail until their trial. He said she wrote a letter stating that she consented to the sexual encounter and that her friends should be let go.

An Essex Superior Court judge agreed and issued a summons for the girl. The prosecutor, however, said that the girl's location is not currently known because she is apparently on the run from the Department of Children and Families.

29-year-old woman charged with drunk driving

Massachusetts drivers may be shocked to learn that a 29-year-old woman was taken into police custody and was charged with drunk driving on the morning of April 12. According to authorities, an officer conducted a traffic stop on the Connecticut woman's vehicle on Depot Street in Easton at approximately 12:36 a.m.

Authorities reported that they were notified of a driver who was driving at excessive speeds and swerving back and forth across the center line. After officers pulled the vehicle over, the woman was brought into custody for drunk driving. She was charged with DUI before being released on personal recognizance. She was scheduled to appear in Taunton District Court on April 13 for her arraignment. It was not reported if she had a prior history of DUI.

Massachusetts man charged with beating man in bar

A Germantown man has been arrested for allegedly beating a man unconscious in a Quincy bar on March 23. Prosecutors said the victim is not expected to live.

Witnesses to the attack told authorities that the victim had just entered the Home Ice Sports Bar in Quincy Center when the defendant left his seat at the bar and punched him with a right hook. Once the victim was on the ground, the defendant allegedly stomped on his head and dragged his unconscious body through the bar's kitchen and out the back door. The beating was reportedly unprovoked. The victim, a 42-year-old father of two, was critically injured. His family reports he was taken off life support on March 30 and is not expected to survive.

Massachusetts man caught with alleged cocaine, heroine

Massachusetts police raided a Malden home at 21 Ripley St. after monitoring activity at the location. They reported finding drug paraphernalia, a .22-caliber gun, ammunition and substances alleged to be cocaine and heroin. Taken into custody as part of the raid was a 24-year-old man who police had previously considered connected to a local murder.

A press release from the district attorney's office stated that the man plead guilty to drug possession with the intent to distribute. He also acknowledged his guilt in possessing a firearm and ammunition. He had no license for the weapon.

Car accident in Massachusetts drive-thru leads to heroin arrest

A 77-year-old man whose car was hit from behind in a McDonald's drive-thru in Boston called the police after the other driver involved fell asleep at the wheel. After the collision, the two men had attempted to exchange insurance information, but the 43-year-old man whose car had hit the other car presented a learner's permit instead of a license as well as registration for a trailer.

According to the account given to police, the man with insufficient documents then returned to his vehicle and became unconscious behind the wheel. The other driver then summoned police for assistance. Police said the sleeping driver panicked when they woke him. After a struggle, police handcuffed him and searched the vehicle. They found a crack pipe, a jar containing crack cocaine and baggies of heroin and crack cocaine.

Drunk driving defense strategies

A person who has been charged for drunk driving in Massachusetts may attempt to build a viable defense in a number of different ways. Depending on the details of the case, a person could build an affirmative defense or dispute the observations of police officers.

Defendants who are using an affirmative defense will be admitting that they drove drunk because they were forced to by factors that were not within their control. This type of defense is not very common in drunk driving cases, but it could be effective in situations where an individual has ingested alcohol unknowingly or driven with an honest belief that they were not impaired. An affirmative defense against a DUI charge could also be used by an individual who was forced to drive out of absolute necessity or told to drive under the threat of force.

Underage drinking and driving in Massachusetts

When you are under the age of 21, you can be charged with drinking and driving if you have as little as .02 percent blood alcohol concentration. A conviction for an underage drinking and driving offense can leave you with serious consequences, including the loss of your driver's license for 30 days, fines, probation, jail and a criminal record.

In the event you have been charged with an OUI, it is important for you to mount an aggressive defense to the charge as soon as possible. There may have been flaws in the manner in which the officer stopped your vehicle, as the officer may not have had the probable cause necessary to do so in the first place.

Massachusetts Criminal Defense Attorney Video

http://www.salernolawoffices.com 877-WORC-LAW Attorney Anthony (Tony) M. Salerno in Worcester, Massachusetts handles criminal defense cases. For aggressive and professional representation, please contact the Worcester lawyer today.

Worcester Criminal Defense Attorney Video

http://www.salernolawoffices.com 877-WORC-LAW Attorney Anthony (Tony) M. Salerno has been involved in the criminal justice system for the past 35 years. Contact the Worcester, Massachusetts lawyer for criminal defense representation.

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