Cataldo Law Offices, L.L.C.Criminal Lawyer Franklin MA | Sex Offenses Norfolk County2024-03-14T12:19:59Zhttps://www.cataldolawoffices.com/feed/atom/WordPressOn Behalf of Cataldo Law Offices, L.L.C.https://www.cataldolawoffices.com/?p=479812024-03-14T12:19:59Z2024-03-14T12:19:59ZThe state may try to prove constructive possession
Bringing charges against an individual is a straightforward process when police officers find drugs in their immediate physical possession. Prosecution becomes a bit more complex when there is a degree of separation between the individual and the drugs. Police officers try to determine who should have been aware of the presence of the drugs and who likely had control over them.
If everyone in the vehicle denies being the owner of the drugs found by police officers, the state looks at many factors. The location of the substances found, the histories of the parties present and even physical evidence, like fingerprints, can influence who the state accuses of possessing those drugs.
Oftentimes, the driver of the vehicle or the person closest to the location where officers found the drugs might be the party that faces charges. In a constructive possession drug case, the state must establish not only that there were drugs present but also that someone knew they were there and had control over what happened with them.
There are, therefore, several potential opportunities to defend against constructive possession allegations depending on the circumstances. Someone hoping to avoid a conviction will need to review the evidence carefully and discuss their case with a defense attorney. Ultimately, understanding what happens when police officers find drugs that don't necessarily belong to one person can help people fight pending drug charges.]]>On Behalf of Cataldo Law Offices, L.L.C.https://www.cataldolawoffices.com/?p=479802024-03-06T13:44:43Z2024-03-06T13:44:42ZJuveniles who commit criminal offenses typically don’t face the same types of courts and incarceration as adult offenders. It’s recognized that their brains aren’t yet fully developed, and they can easily be persuaded to do something illegal by adults and peers.
There have been steps taken in Massachusetts to provide relief to some young offenders. Currently, there’s a bill in the state legislature that would raise the maximum age at which a person is still considered a juvenile offender from 17 to 20. Further, a Supreme Judicial Court recently ruled that no one under 21 can receive a sentence of life without the possibility of parole.An analysis by a group of lawmakers who support raising the age at which young people in the criminal justice system are considered adults from 18 to 21 found that Massachusetts “spends the most money with worst outcome for older teens.” Those between 18 and 20 have “the highest recidivism rate of any in the adult system, and double the recidivism of similar teens in the juvenile system.” Further, the “exposure to punitive environments like adult jails and prisons and more severe collateral consequences can actually increase offending.”
Some are pushing back on raising the age
With crimes like car theft on the rise – some of which are being carried out by teens – there are objections to raising the age at which a person is no longer allowed to remain in the juvenile justice system. A 15-year-old girl is among those accused of one theft in which a toddler was inside the vehicle.One couple whose teen daughter was killed by a 20-year-old man are particularly outraged by the court ruling that means he can now potentially be paroled. The mother notes, “If you are 18 years old, and you can serve the military and you can fight and die for the country, then you damn well have the sense at 20 almost 21 to know murder is wrong.” This couple is among those urging legislation to strengthen criminal consequences for juveniles.There has always been debate over when and if teens and those even younger should face the same criminal penalties as adults – particularly for violent and fatal offenses. It’s important to watch what the legislature does with this proposed law. However, in the meantime, it’s still important not to underestimate the effect that facing the juvenile justice system and having a juvenile record could have on your child. Having experienced legal guidance can help you protect their rights.]]>On Behalf of Cataldo Law Offices, L.L.C.https://www.cataldolawoffices.com/?p=479762024-02-22T21:30:00Z2024-02-22T21:30:00Zconduct searches and seize evidence without having to obtain a warrant. Understanding these exceptions is crucial for the public to know if their rights are being upheld or violated in this regard.
Consent to search
Consent can provide an exception for search warrant requirements. This must be given freely without any persuasion by police officers. Law enforcement doesn’t need a warrant if the person with lawful authority over the area agrees to the search. The search is limited by the consent provided, so if a person limits the search to a specific area, that’s the only area that can be searched.
Plain view doctrine
A police officer who can see contraband or evidence of a crime can seize those items as long as the officer is in the location lawfully. No warrant is needed in these cases. For example, if an officer sees drugs on a living room table when a person in the home answers the door, they can typically seize the drugs.
Search incident to arrest
Police officers can search a person when they’re arrested. They can also search the immediate surrounding area without a warrant. This is so they can disarm the suspect and preserve evidence.
Exigent circumstances
Exigent circumstances occur when law enforcement believes the immediate situation could lead to a person fleeing, evidence being destroyed or people being hurt. When this is the reason for a warrantless search, the burden to show exigent circumstances is on the prosecution.
The presence or absence of a warrant can have a significant impact on an individual’s criminal defense. Evidence seized without a warrant when one was necessary can potentially be excluded from the case. This is just one of the reasons why seeking legal guidance to craft a personalized defense strategy is important when an individual is facing charges of criminal wrongdoing.]]>On Behalf of Cataldo Law Offices, L.L.C.https://www.cataldolawoffices.com/?p=479752024-02-08T16:50:23Z2024-02-08T16:49:59ZIf you are like most American adults, you use social media platforms as a medium for sharing personal moments, opinions and experiences. There is certainly nothing wrong with that. However, if you have been charged with a crime, it’s time to log off until your case has been fully resolved.
Engaging in social media activity at this time can result in profound and unintended consequences. Why? Online posts, comments and even private messages can become critical pieces of evidence in legal proceedings, potentially complicating your defense strategy. And with so much at stake, it’s better to be safe than sorry.
What’s the big deal?
Anything shared on social media, no matter how innocent it may seem, can be scrutinized and potentially misinterpreted. Prosecutors can and do comb through suspects' and defendants' social media profiles for information that could be presented as admissions of guilt, indications of motive or evidence of character. A casual comment or a seemingly unrelated photo can be taken out of context and used to undermine your credibility or contradict your statements to law enforcement or the court. Why give prosecutors or a judge potential excuses to affect your future negatively? By staying off social media right now, you can minimize the likelihood that you’ll unintentionally say or do something that could come back to haunt you later. You’ll also want to keep in mind that privacy settings on social media platforms can offer a false sense of security. Many users believe that their information is shielded from prying eyes if they set their profiles to "private." However, legal authorities can obtain warrants that compel social media companies to release user information, including private messages and deleted posts. Therefore, if you’re thinking that you’ll stay logged in but you’ll just keep your activity private, you need to think twice. Ultimately, staying off social media right now is your best course of action/inaction. Once your case has concluded, you’ll be able to use these platforms however you choose. But for now, it’s best to stay away. ]]>On Behalf of Cataldo Law Offices, L.L.C.https://www.cataldolawoffices.com/?p=479732024-01-25T11:54:50Z2024-01-25T11:54:50ZIntent does not matter in every criminal case. Someone may not have had any intent to break the law, but they still did so negligently or ignorantly. They could still face charges. Just because someone doesn’t know what the legal limit is, for instance, they could still be arrested if they drive under the influence.
But there are other cases in which intent is a major part of the proceedings. One example is a murder case. Most first-degree murder charges require intent because the action has to be premeditated. If not, the individual may get a much lesser sentence, such as manslaughter. Below are three different types of intent to keep in mind.
General intent
General intent is something that the authorities assume based on the actions that the person took. An example of this is breaking the speed limit. There are cases where someone may just not know what the speed limit is, but it is generally assumed that someone who is driving 80 or 90 miles an hour intends to do so.
Specific intent
Specific intent is the type used in murder cases, conspiracy cases, burglary cases and other serious situations. Specific intent often requires pre-planning and pre-meditation. Breaking the law was always the goal, and the person thought about how they would do so in advance.
Constructive intent
Finally, constructive intent is often just an example of negligence. It may have been an unintentional act that the person didn’t carry out on purpose, but they were still negligent in some way and did not take the proper steps that they should have to keep another person safe. An example of this is when a car strikes a pedestrian.If you’re facing criminal charges, it’s very important to understand how intent may play a role in your case. Be sure you know what legal options you have.
]]>On Behalf of Cataldo Law Offices, L.L.C.https://www.cataldolawoffices.com/?p=479722024-01-17T16:03:38Z2024-01-17T16:03:38ZPlea deals are complex processes where knowing the benefits and limitations of a particular situation is crucial in making an informed decision.
Why courts consider plea deals
Courts often favor plea deals because they save time and resources. Trials are lengthy and expensive, so a plea deal can be a practical solution to manage caseloads efficiently. This efficiency is beneficial for the court and the prosecution.
Benefits for the defendant
For defendants, a plea deal can potentially offer several advantages. It often leads to a lighter sentence than if convicted at trial. It can also resolve a case quicker, reducing the time and emotional toll of a prolonged legal process. Additionally, defendants might get a chance to plead guilty to a lesser charge, which can significantly impact the severity of the sentence and future repercussions. With this said, accepting a plea deal is not always wise, and the opportunity to do so should always be carefully considered.
Non-appealable nature of plea deals
Plea deals are generally not appealable. When defendants accept a plea deal, they usually waive their right to appeal their conviction. This means the decision is final, emphasizing the importance of considering all implications before accepting a plea deal.
For defendants, the decision to accept a plea deal should be made with full awareness of its implications. It's crucial to understand the specifics of the offer, how it compares to the potential outcomes of a trial and the long-term consequences. Having someone on your side who understands these matters can help you understand your options if you have been offered a plea deal.]]>On Behalf of Cataldo Law Offices, L.L.C.https://www.cataldolawoffices.com/?p=479712024-01-09T13:30:42Z2024-01-09T13:30:42ZA false confession is when someone claims they have committed a crime and admits it to the authorities or even in court, despite the fact that they never broke the law. They didn’t do what they have been accused of doing, and yet they’re admitting to it anyway, potentially risking fines and/or time in prison.
This sounds like something that would never take place, but it certainly does happen. There have been cases where convictions have been overturned by DNA evidence, for instance, so the authorities know beyond the shadow of a doubt that the convicted person did not commit the crime. And yet, that person initially admitted to the crime. Why would this happen?
Pressure from the police
Often, false confessions are because of some type of pressure or manipulation by the police. Perhaps they lied about the evidence that they had gathered. Maybe they claimed that they had video evidence or witness statements.A high number of false confessions come from young people. A police officer may try to manipulate a child by telling them that they can go home if they will just confess to the crime. The young person desperately wants to go home more than anything else, so they say whatever the police want to hear.There have also been cases in which people have given false confessions after long and intense interrogations. Someone who is hungry, thirsty, sleep-deprived and uncomfortable may finally just “confess” to a crime they never committed because of these outside stressors. They just want to stop the interrogation, no matter what.
Defense options
It’s important for the police to gather evidence and confessions properly, without violating a suspect’s rights. Those who feel they have been manipulated or coerced need to understand the legal steps they can take.]]>On Behalf of Cataldo Law Offices, L.L.C.https://www.cataldolawoffices.com/?p=479692023-12-27T18:18:51Z2023-12-27T18:18:51Zthree tests that are recognized as SFSTs. If you choose to participate in them, know that they may be used as evidence against you, even if you are sober at the time of testing.
Horizontal Gaze Nystagmus
The HGN test involves an officer observing a suspect's eyes as they follow a moving object, usually a pen or flashlight, horizontally with their eyes. The officer looks for signs of nystagmus, an involuntary eyeball jerking that occurs naturally as the eyes rotate at high peripheral angles.
Walk-and-Turn Test
This test assesses a subject's ability to complete tasks requiring physical and mental concentration. The individual is instructed to take nine steps, heel-to-toe, along a straight line, turn on one foot and return in the same manner.
During the test, officers look for indicators of impairment, such as:
Being unable to keep balance
Starting before instructions are finished
Stopping while walking to regain balance
Failing to touch heel-to-toe
Stepping off the line
Using arms to balance
Making an improper turn
Taking the wrong number of steps
The more indicators of impairment are present, the more likely it is that the person's blood alcohol concentration is above the legal limit.
One-Leg Stand Test
During the one-leg stand test, an individual is asked to stand with one foot approximately six inches off the ground and count aloud by thousands until told to put their foot down. The officer times the subject for 30 seconds.
Indicators of impairment include:
Swaying while balancing
Using arms to balance
Hopping to maintain balance
Putting the foot down.
Again, the more indicators present, the more likely the person is impaired.
Defense strategies related to impaired driving charges often involve questioning the conditions under which the tests were conducted or the officer's interpretation of the results. Highlighting these tests' inherent limitations and potential inaccuracies can be crucial to a drunk driving defense strategy.]]>On Behalf of Cataldo Law Offices, L.L.C.https://www.cataldolawoffices.com/?p=479682023-12-13T14:55:55Z2023-12-13T14:55:55ZThe majority of police officers go into the profession to make the world a better place. They want to reduce crime within their jurisdiction. For the most part, this is precisely what they try to do each day.
Nonetheless, police officers are only human which means they are prone to making errors. Even a minor error can have significant consequences for someone accused of a criminal offense. What types of errors do police officers make?
Chain of custody errors
Evidence is crucial to any criminal case. Evidence must be gathered appropriately and safely stored to ensure its integrity. This starts at the scene of the crime. Law enforcement should preserve crime scenes. This means closing them off to the general public. The main reason for this is to avoid disturbing anything that could be used as evidence, particularly DNA. If evidence has to be moved, then this should be done sensitively. Mishandled evidence is unreliable evidence, which cannot be relied on in court.
Unlawful arrests, searches and seizures
To arrest someone, law enforcement requires an arrest warrant. One of the only exceptions to this is if they have probable cause. This means that they have witnessed a crime or have very strong evidence to suggest that a crime has been committed. Similar conditions apply to home searches. An officer cannot simply enter your home without permission. They must have a valid search warrant or probable cause. The police cannot act with impunity. If you believe you have been unfairly treated and wrongfully charged, there are defense options open to you. Seek legal guidance to start building a strategy. ]]>On Behalf of Cataldo Law Offices, L.L.C.https://www.cataldolawoffices.com/?p=479652023-11-29T03:46:48Z2023-11-29T03:46:48Zinvoking your right to remain silent.
You must invoke your rights
You must make it clear that you’re invoking your rights. This includes making a firm statement, such as:
“I choose to remain silent.”
“I invoke my Fifth Amendment rights.”
“I’d like to speak to my attorney.”
It’s not enough to just assume that the officers know you want to invoke your rights by just remaining silent.
Your rights apply across the board
Once you invoke your right to remain silent, it applies even if the personnel change. The current officers can’t call in other ones to resume questioning. You also can’t pick and choose what you answer. You shouldn’t be asked any questions after you say that you’re remaining silent.
Invocation doesn’t equate to an admission of guilt
Some people worry that invoking their right to remain silent is an admission of guilt; however, the U.S. Constitution makes it clear that you can choose to stay silent without it being construed as guilt.
It’s critical for anyone who’s interacting with police officers to have a basic understanding of their fundamental rights. Violations of these rights can be included in a criminal defense strategy, so it’s critical to make note of them and discuss them with your legal professional.]]>