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Worcester Criminal Defense Law Blog

Drunk driving convictions and ignition interlock devices

When a person has been convicted of drunk driving or has had their license suspended as a result of driving with a blood alcohol concentration greater than .08 percent, Massachusetts law mandates they must have an ignition interlock device installed in order to get their driving privileges reinstated. A separate certified device must additionally be installed on every vehicle the person owns, leases or operates.

The required installation period for each vehicle is at least two years. After installation, the person must have the devices regularly inspected and maintained during the entire period.

Massachusetts man facing third OUI charge

Authorities in Massachusetts have reported that a 60-year-old man was taken into custody on Oct. 31 in Hopkinton for driving under the influence of alcohol. A records check revealed that the Ashland resident has been involved in two previous drunk driving incidents. The man has been charged with OUI and a number of traffic violations. He was released from custody after posting bail in the amount of $750, but a judge ordered that his phone be equipped with a device that will be used to monitor his drinking.

According to a Hopkinton police report, the man's car was pulled over on Hayden Rowe Street. A patrol officer claimed that he observed the car crossing a double yellow line as it passed another vehicle. The officer alleged that the man's car was traveling at more than double the posted 20 mph speed limit at the time.

Defining shoplifting in Massachusetts

Under Massachusetts law, an individual can be taken into custody for shoplifting with no warrant necessary. Shoplifting is any act that aims to deprive a merchant of use or benefit from merchandise located inside of a store, in a container inside of a store or in a shopping cart that is removed from a retail location. An individual may be charged with shoplifting if he or she did not actually steal any merchandise.

This is because an individual may be charged with shoplifting for changing the price on a price tag or by entering a different price for a product when making a sale. This may be done for the benefit of the individual who changes the price or for the benefit of another individual. If an individual removes a shopping cart that has merchandise inside of it without the merchant's consent, that may be construed as shoplifting.

What rights does one who is accused of a criminal charge have?

When people are charged with a crime in Massachusetts, it is not uncommon for many of them to be unaware of the rights they have. People who are accused have both constitutional and statutory protections in place to ensure their rights are guarded.

Massachusetts has delineated several rights that people who are accused have during a criminal case. When a person is arrested or served with a summons to appear for criminal charges, the arresting officer must inform them of the charges for which they are being arrested. If the officer refuses or lies to them about the charges, the officer may be punished by up to a year in jail or a fine. People who are charged with an offense that could result in a state prison penalty have the right to be proceeded against by indictment unless the district and superior courts both have jurisdiction and the district court retains the case. People also have the right to waive an indictment, and if they do, the court will hold a probable cause hearing unless that is waived as well.

2 Massachusetts men accused of drug, weapons offenses

Two Massachusetts men were facing charges after being taken into police custody following a raid on Oct. 16. The men, 29 years old and 22 years old, were from Stoughton. The raid occurred on Pratts Court near Route 27.

Multiple agencies were reported to have been a part of the raid, which took place at 5:45 a.m. While the authorities were reportedly executing the search warrant, agents allegedly recovered two loaded firearms. The two firearms were identified as a 9mm Ruger pistol and a .40-caliber Glock handgun, the latter of which had been reported stolen. Authorities also reportedly seized heroin and approximately $4,500 in cash.

Police raid leads to charges for heroin trafficking

Two men in Massachusetts were taken into custody on Oct. 3 after authorities allegedly found marijuana, heroin and packaging materials in their Springfield apartment. Police say the 20- and 27-year-old men are both suspected of supplying heroin to gang members and dealing heroin around Western Massachusetts. Before the men were handed the drug charges, their apartment had reportedly been under surveillance by detectives who believed it was being used as a drug distribution center.

According to the police report, during the 9 a.m. raid, police seized 1,432 packages of heroin that were each decorated with a stamp that read "Interstate 91." The report says that cash totaling $3,294 was also seized along with a bulletproof vest, a firearm and 25 rounds of ammunition. Police also say they seized an unknown quantity of marijuana, scales and materials believed to be used for packaging heroin. Following the raid, authorities reportedly found city ordinance violations on the property, and the landlord was instructed to begin eviction proceedings.

How long will I lose my license for OUI in Massachusetts?

In Massachusetts, individuals suspected of operating vehicles under the influence of alcohol can lose their licenses for varying amounts of time depending on their specific circumstances. Factors of note include the age of a driver as well as the number of prior OUIs on their record, with longer suspensions for individuals under the age of 21. Additionally, individuals who refuse chemical testing may face longer penalties than the 30-day minimum for those whose BAC levels are revealed to be greater than .02 percent.

Drivers who refuse testing are entitled to hearings, but they must appear in court at the Boston branch office of the Massachusetts Registry of Motor Vehicles no later than 15 days following the initial incident, and they can only challenge chemical testing on a few limited grounds. Motorists who fall between the ages of 18 and 21 may be required to participate in Youth Alcohol Programs regardless of whether they submit to a breath test or not.

Massachusetts couple arrested on drug charges

Massachusetts police executed a search warrant before detaining a man and his girlfriend on Sept. 24 on drug charges. The warrant was executed on the man's residence located on Arch Street in Haverhill. According to sources, he was the second winner in an instant lottery game on Aug. 20. Police and court officials claim that despite the winnings, both individuals were still collecting housing assistance and using EBT cards.

Police allegedly discovered illegal narcotics, weapons and other drug paraphernalia inside the home. The man faces charges that include conspiracy to violate drug laws, possession of oxycodone, trafficking cocaine and possession with intent to distribute. His girlfriend was charged with conspiracy to violate a drug law and possession of marijuana and cocaine with intent to distribute. Authorities mentioned that charges for growing marijuana may be forthcoming as well.

Man charged for several felonies after drug raid

A Massachusetts man was detained on Sept. 17 after police executed a search warrant to look for drugs at his home in Yarmouth Port. The 27-year-old man was handed several drug charges that included multiple felonies. During the raid, authorities seized alleged marijuana, several different types of pills, $665 in cash, a semi-automatic pistol and a box of ammunition.

The search of the man's home began at 6:15 a.m. and was conducted by Yarmouth narcotics detectives, officers from the Massachusetts State Police Cape Cod Drug Task Force, members of the Cape Cod Regional SWAT Team and officers from the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Authorities allegedly found Clonazepam, Amphetamine, Alprazolam and Lorazpem pills. They also seized Suboxone strips and M. Amphet salt capsules.

Woman accused of trying to sell drugs to minors

A Massachusetts woman was taken into police custody on Sept. 9 after she was accused of attempting to sell drugs to underage individuals. The report stated that the 49-year-old woman was ultimately charged with possession and intent to distribute drugs to a minor and drug violation while being near a school or a park.

Authorities were called to a skate park located in Lower Jackson Square in Weymouth after a teenager allegedly told his parents that a woman had tried to sell him pills around 3:30 p.m. Once police officers arrived at the park, a 15-year-old also emphasized these accusations. The woman was said to be persistent even after the teenagers declined.

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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