Yannetti Criminal Defense Law FirmTop Criminal Defense Lawyers | Boston, MA2024-03-27T20:53:35Zhttps://www.davidyannetti.com/feed/atom/WordPressOn Behalf of David Yannetti Attorney at Lawhttps://www.davidyannetti.com/?p=496182024-03-22T13:38:10Z2024-03-27T20:53:35Z juvenile justice system provides more opportunities to avoid incarceration and the long-term damaging effects of a criminal record. Some of these protections apply early in the process, at the point of arrest.
Protections for minors at the point of arrest
Just like adults, children have rights when they are arrested. If they are being held in custody and interrogated, the police must read them their Miranda rights. These rights, including the right to remain silent and the right to an attorney, may be familiar to adults from having watched television shows and movies, but Massachusetts law recognizes that children may not be as familiar with them. Police are therefore required to read these rights in language the minor may understand.
Anything an arrestee says can be used against them in court, and so it is advisable for them to keep silent until they can have an attorney present. Whether they involve a child or an adult, many cases hinge on the question of whether the suspect was technically in custody at the time they made potentially incriminating statements. If they were in custody, and the police did not read them their rights, the defendant may be able to have any such statements suppressed from evidence.
Massachusetts law has some additional protections for minors at the point of arrest and detention. When a child aged 12-18 is arrested, police must immediately notify at least one of the child's parents or guardians. This is true whether the child was arrested pursuant to an arrest warrant or not. The child can be detained until this notification is made, but there are some special requirements for detaining minors and holding them in custody. For instance, police stations and city lockups must have special facilities for children in order to hold a minor aged 14-18 if they are going to detain them for more than a minimal amount of time. These children may not be detained in a regular jail. During court hours, the police must transport a child to Juvenile Court.
There are further protections for minors ages 12-13. Generally, children under age 12 are not arrested, detained or charged.]]>On Behalf of David Yannetti Attorney at Lawhttps://www.davidyannetti.com/?p=495962024-01-22T09:45:08Z2024-01-25T21:31:15Za parent must be notified when their child is arrested. The child is typically released back into the care and custody of the parent unless there is a reason to keep them detained.
Shoplifting is a more serious charge than you may think
Shoplifting is known as one of the most common crimes committed by juveniles. Although it may be viewed as a minor crime, it can be charged as a misdemeanor or felony and comes with serious penalties.
However, if the crime is committed by a minor, the exact consequences depend on many different factors.
Your child’s age
The first is whether your child is 17 or younger. If they are under 17, they will be tried in juvenile court. However, if they are 17, they could be tried as an adult.
Another factor is the value of the merchandise that was stolen. Generally, if the value of the merchandise stolen was less than $250, your child could be required to pay restitution and court costs, after which the charge could be dismissed. The penalties could increase if the value of the stolen merchandise was higher.
Pretrial probation
In addition to paying fines and costs, your child could receive pretrial probation. This involves being placed on probation without pleading to anything in court.
Under pretrial probation, the shoplifting charge is dismissed if the child successfully complies with the terms of probation.
Continuance without a finding
There is also a chance they could receive a continuance without a finding. This means that they admit that there are enough facts to find them guilty but they are not found guilty by the court.
As with pretrial probation, the case is continued for a time and your child must comply with certain terms. The case is dismissed at the end of the continuance period if they fulfill all the terms of their probation.
Additional factors
The law does permit more serious penalties, such as a conviction or even jail time. However, these penalties are extremely rare if this is your child’s first offense and they have no prior criminal record.
The criminal process in Massachusetts can be complex and confusing. Your child has rights that must be protected, since once they are involved in the criminal system it can be difficult to get out of it. One simple mistake could cost plenty and impact their future.
Knowing how to negotiate and advocate on behalf of your child can make a difference in the ultimate outcome. Having guidance through the process with someone experienced with the juvenile justice system is crucial.]]>On Behalf of David Yannetti Attorney at Lawhttps://www.davidyannetti.com/?p=495772023-12-05T09:55:44Z2023-12-08T09:54:47Zscheduled for a pre-trial hearing. Depending on what your charges are and the other circumstances of your case, you could be free until the pre-trial hearing, be held in jail or be required to post bail while you wait for your pre-trial hearing date.
You might end up having more than one pre-trial hearing if there are unresolved issues or the goals set at the last pre-trial hearing have not been met.
Exchanging discovery
A pre-trial hearing is a meeting between all parties to the case, including you, your attorney if you have one, the prosecutor and a judge. One of the topics to be discussed at your first pre-trial hearing is likely to be discovery.
This is a term for the formal exchange of information and evidence between you and the prosecution. You can request that the judge order the prosecution to provide you with all evidence they have related to your case, such as police reports, witness statements or videos.
If the judge orders the exchange of evidence, they will set a date by which the evidence should be exchanged. You may or may not be required to appear in court on that date to confirm that the evidence was completely and properly exchanged.
Otherwise, if you have not received all your requested evidence by the date, you can file a motion to appear before the judge and ask them to re-order the prosecution to turn over the evidence.
Trial and settlement discussions
A pre-trial hearing is also viewed as an opportunity for you and the prosecution to try to come to an agreement on certain issues, such as the number of witnesses each side will call, who the witnesses will be and what evidence will be entered or suppressed.
Although you might have a series of pre-trial hearings, the court will eventually schedule a trial at one of the hearings. Your case might get resolved at any point during this process, even up until the date of trial.
The prosecution could determine that they do not have enough evidence to prove their case against you or the judge could dismiss your case if you file a motion to dismiss. A common resolution involves a plea deal.
This means you plead guilty to a lesser charge or the prosecution offers a penalty that you accept in exchange for pleading guilty. For example, if you are charged with a felony and facing jail time, the prosecution may offer to reduce the charge to a misdemeanor and offer you probation if you plead guilty.
These are major decisions that often affect the rest of your life. You should not make them, or go through any part of the criminal process, without advice and guidance.
]]>On Behalf of David Yannetti Attorney at Lawhttps://www.davidyannetti.com/?p=495272023-09-26T10:12:07Z2023-09-29T10:11:20Zdefense against a domestic violence charge. If you are a man, you might feel like it is a lost cause, assuming that courts are automatically biased against men in domestic violence cases. But is this true?
Studies show a bias against men in court
The answer is that yes, studies from the National Library of Medicine revealed that men can experience abuse of the legal system by women through false domestic violence accusations and that there is a general bias against men in court.
The National Library of Medicine studies showed that 72% of men who contacted the U.S. Domestic Abuse Helpline for Men reported that their female abusers had obtained a restraining order against them based on false accusations and used the court system to gain custody of children.
Additionally, many studies found that men were not given a fair hearing in domestic violence court proceedings and that they often had a harder time proving their case. Men also tended to lose custody more often.
The statistics are not much better in terms of men who are victims of domestic violence themselves. Studies showed that even though the abuse prevention law in Massachusetts uses gender-neutral language, men are often not given the same protections as women.
Although courts are supposed to apply the laws equally to men and women and make decisions based on the facts of each case, these studies demonstrate that if you are a man, you could likely still face bias in court in a domestic violence case.
Defending against a domestic violence charge
There are many potential defenses against a domestic violence charge. The alleged victim must prove their case beyond a reasonable doubt. Many domestic violence cases are “he said, she said” cases, with no evidence except the alleged victim’s word.
In those cases, the judge must decide which party is more credible, or believable. Unfortunately, as has been shown, there is a better chance that a woman’s word will be given more weight than a man’s.
You can defend yourself by looking for inconsistencies in the victim’s story or showing a lack of evidence, such as photographs, a police report or other physical evidence. You might even have a case for self-defense, depending on the circumstances.
The stakes are high when defending yourself as a man against domestic violence charges. Having someone on your side to fight for you is essential.]]>On Behalf of David Yannetti Attorney at Lawhttps://www.davidyannetti.com/?p=495092023-07-27T09:06:56Z2023-07-27T09:06:56ZUnderstand the facts about the entire criminal law process
Once a person is charged with a crime and has been arraigned, a series of steps will take place. A pretrial conference is when the case is either resolved in some way or the process begins for it to go to trial. The defendant’s legal representative will exchange information about the case with the prosecutor. With that, the defense will know the charges and the evidence. In some cases, there can be a motion to dismiss. It could be granted, depending on the severity of the crime, the amount of evidence and other factors.
If the case goes to trial, it must occur within one year from the arraignment. It can be extended and often is. Once the case goes to trial, it is important for a defendant to understand that regardless of how strongly they feel their defense is and what they think about the evidence, there is a level of unpredictability as to the outcome. It can be a jury trial where citizens will hear the evidence and decide on guilt or innocence. It can also be a bench trial where the judge will decide.
Once a verdict is given, the person will have the right to appeal if they are found guilty. If they are found not guilty, the case is over. After a person is convicted, the judge will give a sentence and, depending on the charges, there can be jail time, fines and various penalties.
Before deciding whether to go to trial, there are facts to consider. Most cases are resolved before trial. People who do not receive what they think is a reasonable offer to avoid trial like probation or a fine might want to take their chances at trial. Still, there is always a chance of a worse outcome when the jury or the judge decides on the case. The worst-case scenario should be considered and an informed choice made.
People facing criminal charges need qualified advice and help
Often, people who are arrested never thought they would be in that situation. This is especially true for people who are established in their community, have a job, own their own home, are raising a family and are viewed as positive influences.
Whether it is an allegation that they were driving under the influence, they got into a physical confrontation and were arrested for assault, had a domestic violence charge, were accused of having an illegal weapon, were said to be involved in white collar crimes or anything else, a comprehensive criminal defense strategy is useful to try and reach a positive outcome. Part of that is having qualified guidance and making an informed choice about going to trial or accepting a plea agreement and avoiding trial.]]>On Behalf of David Yannetti Attorney at Lawhttps://www.davidyannetti.com/?p=493352023-05-22T08:40:04Z2023-05-25T08:39:28ZLaws to protect people with criminal records
Fortunately, Massachusetts lawmakers recognized how a criminal record was hindering its residents from finding a job or pursuing a career path.
The law now states that employers cannot consider your criminal record when you apply for a job. Additionally, there are requirements for how long employers can look back into your past at criminal convictions.
Employers can generally look back five years for misdemeanor convictions and 10 years for felony convictions.
Both these laws have exceptions. A criminal record can be considered if the crime involved a subject that would likely disqualify you from the position. If you were convicted of a crime involving financial fraud, you might be prohibited from working in the financial industry.
Additionally, the limit on the look back period may not apply to certain crimes. Usually these are serious crimes such as murder.
Tips for rebuilding your career
Even with these laws in place, there are many steps you can take to proactively address your criminal record when you are trying to rebuild your career.
Check your criminal record and verify its accuracy. Make sure there is nothing on there that should not be and that all information in it is accurate. For example, if you were convicted of a misdemeanor, confirm that it is not listed as a felony.
Depending on your situation, you may be able to expunge your criminal record. If you do not qualify for expungement, having your criminal record sealed is another possibility.
What to say if you must talk about your conviction
Prepare to still be asked about your criminal record sometimes. Although employers should not be asking about it, this does not mean they won’t.
When it is a job that you really want, or an industry you want to get back into, telling the potential employer they cannot ask about your criminal record could stop them from bringing it up, but you are not likely to get the job.
Therefore, a better approach could be to directly answer the question. Be honest about what happened and talk about any lessons you learned from the experience. Focus on the person you were when you committed the crime and the person you are now, ideally someone who has changed and is making better choices.
Bolster your new resume
There are things you can do to boost your credentials after your criminal conviction. Doing volunteer work or acquiring new skills can shift the focus to what you are doing now rather than your past.
Your criminal record should not haunt you for the rest of your life. The new laws, combined with some preparation, increase your chance of regaining your career and reputation.]]>On Behalf of David Yannetti Attorney at Lawhttps://www.davidyannetti.com/?p=492982023-03-24T08:53:44Z2023-03-29T08:52:46Zseal your criminal record for a drug-related crime.
Yes, you can potentially have your drug charges sealed
Massachusetts allows records to be sealed under specific circumstances and only certain crimes qualify for dismissal. One of these crimes is drug possession.
There are many steps involved in the record-sealing process, including several steps that should be taken before filing the petition to seal.
Before filing your petition, you should obtain a copy of your entire adult and juvenile criminal records. You are not required to file these with your petition, but it is recommended that you do.
You should also request a certified copy of the court docket of your drug offense. Again, this is not required, but filing this with your petition can increase your chance of your petition being approved.
The petition you file depends on if you were convicted of the drug charge or not. There are separate petitions for drug charges that result in convictions and those that do not.
Factors a court considers
The are many different factors that a court will consider when deciding whether to seal your petition.
How the drug charges were resolved is a factor. If they were dismissed or reduced, the court will look at the reasons why.
The court will examine what disadvantages you will face because you have a criminal record and any evidence that having a sealed criminal record would reduce or eliminate these disadvantages.
For example, if you plan to apply to college, and provide evidence of your intent to do so, the court could be more inclined to grant your petition to seal, since a criminal record often prevents people from being accepted to college.
Other factors that the court examines include the amount of time that has gone by since the charge or conviction and the likelihood that you will commit any additional criminal acts in the future.
It is important to remember that if your record is sealed for a drug crime, it only applies to that crime. It does not seal your entire criminal record.
Advantages of a sealed criminal record
However, if you have no other criminal record, a successful record sealing of your drug crime means that any criminal search history performed on you will come back as saying that you have no criminal history.
The benefits of a sealed record are numerous. The law states that you can answer “no” to questions asking if you have a criminal record, which can open up many doors to you that may have otherwise been closed.
Sealing your criminal record is often a long and complicated process. Completing all required steps accurately and thoroughly is essential. You should not go through the sealing process without the help of an experienced criminal defense attorney.]]>On Behalf of David Yannetti Attorney at Lawhttps://www.davidyannetti.com/?p=492672023-01-30T21:14:32Z2023-02-02T14:00:53ZDistributing drugs near schools or playgrounds
Massachusetts law, with the intention of keeping people from providing drugs to children, has enacted strict laws regarding distributing drugs in school zones as well as near parks and playgrounds.
In Massachusetts, there are enhanced penalties if you distribute drugs in, on or within 300 feet of a school between the hours of 5:00 a.m. and midnight or within 100 feet of a public park or playground. For the purposes of this law, schools include:
Public or private accredited preschools
Public headstart or private accredited headstart facilities
Public or private elementary and secondary schools
Public or private vocational schools
The enhanced penalties will apply even if school is not in session when the alleged offense occurs.
Enhanced penalties
In addition to the penalties for the underlying drug offense, there is an additional mandatory sentence for distribution of drugs in a school zone that is tacked on to the sentence for the underlying offense. The mandatory minimum sentence for violating this code is a minimum two-year prison sentence and a fine of $1,000 to $10,000.
The mandatory sentence for violating this code begins once the sentence for the original violation ends. Courts in Massachusetts have ruled that this does not violate double jeopardy principles, as it does not constitute being prosecuted twice for the same offense.
I did not know I was near a school or playground. What now?
It does not matter whether you knew you were within 300 feet of a school or 100 feet of a park or playground. It is enough that you possessed drugs in a school zone and intended to distribute them there or anywhere.
Courts in Massachusetts have ruled that this lack of knowledge does not violate your Sixth Amendment due process rights, as it does not run afoul of fundamental fairness principles.
Who measures the 300 feet?
The arresting officer or school principal only needs to testify that per their personal knowledge, you were within 300 feet of the school or 100 feet of a public park or playground, as long as this inference is reasonable. Exact measurements are not set—a straight line from the school zone to the site of the alleged distribution is sufficient.
Location matters
As this shows, when it comes to drug charges in Massachusetts, location matters. Distributing drugs in a school zone significantly alters the penalties you could face upon conviction.]]>On Behalf of David Yannetti Attorney at Lawhttps://www.davidyannetti.com/?p=492522022-12-08T14:03:54Z2022-12-12T14:00:32Z'All reasonable means to prevent further abuse'
Under Massachusetts law, police officers who have reason to believe that a household member or family member has been abused or is in danger of being abused must use "all reasonable means to prevent further abuse."
These means can include staying on the premises until the situation calms down and getting medical attention for those who need it. If the officer has probable cause to believe an abuser has violated a protective order, they must arrest the person.
The mandatory arrest law in domestic violence situations also applies if the officer believes an abuser has committed a felony or a misdemeanor that is related to abuse.
Due process
The state's approach to domestic violence is based on intervention and prevention, and there is evidence that it is effective in stopping abuse before it gets worse. However, it also raises some serious questions about fairness to the accused.
Under the 14th Amendment to the U.S. Constitution, no one should be denied liberty without due process of law. Generally, this means that police need more than a hunch before they can arrest someone. They need probable cause to believe the person has committed a crime.
Seen from the point of view of a person who is wrongfully accused of domestic violence, a mandatory arrest law can seem like a violation of this constitutional principle.
Domestic violence is a serious problem and we all want to stop abusive situations from worsening. However, people who are accused of domestic violence have the right to a defense. Given the sensational nature of these accusations, it is crucial that they seek out skilled help for their defense immediately.]]>On Behalf of David Yannetti Attorney at Lawhttps://www.davidyannetti.com/?p=492422022-10-03T13:49:45Z2022-10-05T13:00:08ZWhat is a 209A restraining order?
A 209A order is essentially a restraining order that seeks to protect an individual from real or threatened physical or sexual harm. These orders are often called “abuse prevention orders.” An individual who seeks out one of these orders may be able to obtain one against a family member or someone who resides in their household. This may include a spouse, a former spouse, a current or former member of the household, or someone who has a significant dating relationship with the person who is seeking the order.
What must be shown in order to obtain an abuse prevention order?
Before the court will issue one of these orders, certain evidence must be presented. However, in most instances, the submission of a sworn affidavit detailing the physical violence or threat of harm is enough to obtain an initial order. Keep in mind, too, that these orders of protection are civil in nature, which means that they’re easier to obtain.
What happens if an order is violated?
Violation of a 209A order is a criminal act. And given that the breadth of one of these orders, which may include prohibitions from contacting the protected individual, staying away from the protected individual’s home, and giving up a firearm, it can be easy to face allegations of violating the order. However, if you’re accused of violating a 209A restraining order, you should expect to be confronted by the police, at which time you may end up being arrested and charged with a criminal offense.
Defending against a 209A order violation
Even though facing these charges can be enormously stressful, you might have significant criminal defense options at your disposal. Here are some arguments that you might be able to make in your case:
You weren’t given notice that the order had been issued against you, thereby showing that any perceived violation was unintentional.
The order was no longer valid at the time that you allegedly violated the 209A order.
Present evidence to demonstrate that you didn’t violate the language of the 209A restraining order, which will require you to carefully assess the restrictions in the order and gather evidence that speaks to them.
Show that the protected person was the one who initiated the contact in question and that you tried to stop that contact.
Some of these arguments can be broad in nature. This means that you need to be diligent about assessing the evidence at hand and carefully crafting the criminal defense arguments that you need to protect your interests.
Do you need a strong criminal defense attorney on your side?
Being convicted of violating a 209A restraining order can lead to serious consequences, including jail time. To avoid being hit with these kinds of harsh penalties, you need to aggressively defend yourself. An attorney who is experienced in these matters may be able to help you do that. So, if you’re thinking about how best to approach your case, now may be the time to reach out to a legal team that you think will give you the kind of representation that you want on your side.]]>