If you have been charged with a theft crime in Massachusetts it is imperative that you take the charges seriously. Although theft offenses do not carry harsh judicial penalties if convicted, they can result in serious non-judicial penalties. Where theft charges were once considered minor offenses by an employer, for example, they are now frequently used to disqualify an applicant for employment. Likewise, theft crimes can lead to disciplinary action if you hold a professional license. If you are … [Read more...]
What Is the Punishment for Trafficking Oxycodone in Massachusetts?
If you have been charged with trafficking Oxycodone in the Commonwealth of Massachusetts you are facing serious penalties if convicted. In recent years many states, including Massachusetts, have essentially waged war on Oxycodone and other similar drugs, making it even more important that you speak to an experienced Massachusetts criminal defense attorney if you are charged with an Oxycodone offense. In the meantime, some background and basic information about the Massachusetts laws relating to … [Read more...]
What Is Restitution in Boston?
If you are convicted of a criminal offense in Boston you could be ordered to pay restitution as part of your sentence. Likewise, the payment of restitution is often included in a plea agreement negotiated between you and the prosecutor in a criminal case. Because you could be responsible for paying a hefty sum in restitution in Boston it is important that you understand what it is intended to represent and what restitution does not cover. Many criminal prosecutions involve a victim. In fact, if … [Read more...]
Imprisonment is Often Counter-Productive
Boston criminal lawyer Kevin J. Mahoney on RecidivismTough sentencing laws in Massachusetts purport to be designed to increase public safety, but all too often they place individuals in jail—or even prison—for non-violent offenses that might be better dealt with another way. What’s more, these laws cost taxpayers a significant amount of money, but provide little benefit.Harsh Penalties, and for What?Do we really want an 18-year-old boy who makes a stupid mistake to live the rest of his life in a … [Read more...]
Judicial Discretion in Sentencing
Judges May Impose a Lighter or Harsher Sentence Than Agreed Upon in Plea Agreement Picture this common scenario: The defendant and his Boston criminal defense attorney have hammered out a deal with the prosecution. The defendant has agreed to plead guilty and to accept the prosecutor’s sentence recommendation. All parties appear before the judge to enter the plea. What happens next? The judge will hold a hearing to determine whether (a) there is a factual basis for the charges against the … [Read more...]
Massachusetts Prescription Drug Law Changes
Boston Criminal Defense Attorney, Kevin J. Mahoney, identifies modifications to Massachusetts Prescription Drug Laws, Aimed at Reducing Oxycontin and Vicodin Abuse As an experienced Boston criminal defense lawyer, I know all too well that drug abuse is a serious public health issue in Massachusetts; I have seen first-hand how devastating prescription drug abuse can be for my clients and their families. Consequently, I was not surprised by the statewide wellness report released last week by the … [Read more...]
Collateral Consequences of a Conviction
Boston Criminal Attorney, Kevin J. Mahoney, Discusses the “Collateral” Consequences of a Guilty Plea.If you decide to plead guilty (or if you are found guilty by a jury), the sentence or punishment the court imposes on you is just one consequence of your conviction. Other “collateral” consequences may have a lasting impact on your life and your family’s life. As you contemplate whether to enter a guilty plea and the specifics of that plea, talk to your Boston criminal defense lawyer about these … [Read more...]
Supreme Court: No Life Imprisonment for Juveniles
U.S. Supreme Court: No Automatic Life Without Parole for Juveniles The U.S. Supreme Court recently held, in Miller v. Alabama, that sentencing a juvenile to life in prison without the possibility of parole constitutes cruel and unusual punishment, in violation of the Eighth Amendment to the U.S. Constitution. A Boston criminal defense attorney can answer your questions about sentencing and provide more information about this important decision. Here is a brief overview: Facts In this case, a … [Read more...]
Federal Probation Explained
The Federal Government is Watching You - Probation and Supervised Release in Federal Criminal Cases As most Federal Criminal Defense Lawyers will explain to their clients, the federal government carefully monitors criminal defendants during probation and supervised release. Federal Probation You may be placed on probation in one of three ways: The court might sentence you to probation. In that instance, if you violate the terms of your probation, then your probation will be … [Read more...]
House Arrest Instead of Prison or Jail
Boston criminal defense attorney, Kevin J. Mahoney, explains “home confinement” The possibility of jail time weighs heavily on the minds of my Boston criminal defense clients. A sentence of “home confinement” or “house arrest” offers an alternative to jail time. Who is eligible? House arrest is usually available, if at all, to those with minor, nonviolent crimes. Violent crimes are often punished by incarceration or committed time. Home confinement may be … [Read more...]
