A "green sheet" or a defendant-capped plea

When a defendant pleads guilty or admits that there are sufficient facts that could determine their guilt, their lawyers will often conference with the prosecutor to come up with a sentence that all parties agree to. Sometimes there are differences between what the defense and the prosecution thinks is an appropriate sentence.

A defendant may then take forward their terms and the prosecution’s terms for the judge to consider and hear arguments on. The judge may then agree with the defendant, the prosecutor or he may “split the baby” and find somewhere in between. A defendant-capped plea means that the decision does not bind the defendant if the judge agrees with the prosecutor or if the judge’s terms are not agreeable. The terms are capped at what the defendant wants. If the defendant does not wish to continue with his plea, he or she can take it back and move toward a trial. Defense counsel should request that in the event of trial, a different judge hear the matter.

In Charbonneau v. Holyoke Div. of Dist. Court Dep’t, the SJC vacated a standing order that disallowed a defendant from tendering a defendant-capped plea on the day of trial. Under M.G.L. ch. 278 s. 19 and Mass. R. Crim. P. 12, a defendant has an absolute right to tender a plea up to and until trial.

MA's "Good Samaritan Law" re: drug overdose

There is a complete and utter epidemic that the entire nation is facing. Opioid addiction is taking lives away daily. It does not discriminate at all. Today there was an article in Worcester's Telegram and Gazette about a kind of heroin known as "Hollywood". Apparently, this is a particularly potent blend with deadly consequences. In Western, MA, there have been eight reported overdoses and three deaths this past weekend. There are concerns that trafficking of "Hollywood" will move East toward Worcester and then toward Boston.

In Massachusetts, there is a "Good Samaritan Law"; M.G.L. ch. 94C s. 34A. This law prevents a person who may be in possession of a narcotic from prosecution if they are reporting the overdose of another. This is likely a good law. However, if you are skeptical or if you did act as a "Good Samaritan" and were arrested and charged regardless, call my office at (978) 342-3422.

How long will I lose my license and what are some consequences if I am arrested for Operating Under the Influence (OUI)?

Many times, someone who is picked up for Operating Under the Influence (OUI) is heading to court for the first time in their lives. When they get arrested, there is not a clear explanation of what to do. Many attorneys will tell you not to take the breath test. I am in that camp however, when you do refuse to do a breath test, is is important to know what will happen. I am specifically referring to a first offense in Massachusetts. The number of offenses increases the consequences and I am only licensed to practice law in MA so I won't speak to other jurisdictions. I am a trial attorney at heat and prefer to fight for a win but it is important to know all consequences.

By refusing the breath test, the registry of motor vehicles will immediately suspend your license for 180 days. Your license may be re-instated if your case is dismissed or you are found not guilty after a trial but many times 180 days will go by during the time that it takes to go to trial. There is a program known as MGL ch. 90 s. 24D, which is a disposition that may be attractive to first-time offenders. Under this statute you are agreeing that there may be enough evidence to convict you at trial, but instead of pleading guilty, you are agreeing to a Continuance Without a Finding (CWOF). This means that after a probationary period, an out-patient class, and several fees, your case will be dismissed. The court will impose an additional loss of license of at least 45 days. The good thing about this program is that subsequent to your intake for the class, you may apply for a hardship license to get to work or pick up your kids and your driving record is relatively clean. This is done at the RMV.

If you do take the breath test and you are arrested, you will lose your license for 30 days but this may make your case harder to prove. If offered an initial breath test at the scene and you blow over.08%, DO NOT take the breath test back at the police station, The initial test is inadmissible at trial.

If you do go to trial and are found guilty, you can face up to 2 1/2 years in a house of correction, $5000.00 in fines and a 210 day loss of license or some combination. It is important that you speak with a competent defense attorney right away if you or someone you know is arrested of OUI. Call the defense team at the Law Offices of Boyle and Carbone today! (978) 342-3422

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Arraignment

The arraignment is the first formal court proceeding that a defendant who has been charged with a crime must show up to. For many clients, this is their introduction to the criminal process. At Boyle & Carbone, P.C., we want to be with you and support you at every step from arraignment throughout trial.

Hopefully, the arraignment is not the first time we meet and we’ve had a chance to discuss what will happen at this hearing and how we will move forward. The arraignment is a hearing whereby the court announces the defendant’s formal charges and a plea of not guilty will be entered. The court will then hear bail arguments (if you are incarcerated) and it is our job as your attorneys to make a case for you to be released on personal recognizance or in the alternative, a low ash bail.

At this point, it is crucial that we receive your police report, record and the physical complaint. This way we can work your case and move forward to your next hearing; the pretrial conference. It is important that you speak with us today and have an experienced defense attorney on your side from the start! 

What is a Clerk's Hearing?

If a criminal complaint has been received that an individual has committed a crime but he or she has not been arrested, a criminal summons will be sent, usually via mail. At Boyle & Carbone, P.C, we have helped those who have been targeted as a suspect. It is important to speak with a lawyer prior to the issuance of a complaint because we may be able to have the thrown out before there are formal charges.

At this point, a suspect will receive a citation and will be summoned to court to appear at a Clerk’s Hearing. At this hearing, our experienced defense attorneys will demonstrate to the court or to the hearing officer that probable cause was not present and there is no reason to believe that the person who is the object of this complaint has committed the offense.

This is a very important step in a case and it is often neglected due to a failure of a person to hire an attorney in a timely fashion. If you or anyone you know has received a citation and summons, please call our office as soon as possible. It can prevent actual charges going on your record not to mention time and money. (978) 342-3422. www.bclawma.com.

Larceny From the Person

Larceny from the person is defined as the wrongful taking of personal property from the person of another, or from the immediate area of control of another, with the intent to deprive that person of such property permanently. “Victims” often throw around words like steal or pickpocket, which is often just colloquialism and doesn’t explain what may or may not have happened.

In order to prove the defendant guilty of this offense, the Commonwealth must prove four things beyond a reasonable doubt:

1. That the defendant took and carried away property;

2. That the property was owned or possessed by someone other than the defendant;

3. That the defendant took the property from the person of someone who owned or possessed it or from such a person’s area of control in his or her presence; and

4. That the defendant did so with the intent to deprive that person of the property permanently.

It is important that if you are charged with any type of crime involving larceny, that you speak to an experienced criminal defense attorney as soon as possible. Do not hesitate to contact out office at (978) 342-3422 or visit us at www.bclawma.com.