What is Larceny by Check? Larceny by check is a criminal offense in Massachusetts that occurs when someone writes a check knowing there are insufficient funds in their account to cover it. This can result in serious legal consequences if not addressed promptly. How does Larceny by Check happen? Common scenarios include: Writing a personal check for merchandise or services without realizing your account has insufficient funds. Depositing a check that later bounces, leading to a negative balance. Unexpected service charges that cause your account to go negative. Believing you would have sufficient funds to cover the check but an emergency arises preventing the deposit. What should I do if I am accused of Larceny by Check? If you find yourself accused of larceny by check, it is crucial to take the following steps: Do Not Ignore the Situation : Address the issue immediately to prevent further complications. Contact the Store or Merchant : Sometimes, resolving the payment directly with the store or merchant can prevent them from pursuing legal action. Seek Legal Advice : Contact an experienced criminal defense attorney to discuss your case and explore your options. What are the potential consequences of Larceny by Check? Larceny by check is considered a theft crime and can result in: Criminal charges Fines Restitution payments Possible jail time A permanent criminal record, which can affect future employment and other opportunities Can an attorney help me with a Larceny by Check charge? Yes, an experienced attorney can provide valuable assistance by: Reviewing the specifics of your case to determine the best defense strategy. Negotiating with the store or merchant to settle the matter out of court. Representing you in court if necessary to ensure your rights are protected and to strive for the best possible outcome. What defenses are available for Larceny by Check? Several defenses might be applicable, including: Lack of intent: Demonstrating that you did not knowingly write a bad check. Mistake or error: Proving that an honest mistake led to the insufficient funds. Repayment: Showing that you have since made good on the payment. Why is it important to act quickly? The longer you wait, the more complicated and severe the situation can become. Prompt action can help mitigate potential consequences and demonstrate your willingness to resolve the matter. How can I learn more or get help? For more information on larceny by check and to get legal assistance, contact The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. Our experienced attorneys are here to help you navigate the legal process and protect your rights. Don’t let a mistake lead to a criminal record. Get the legal help you need to address a larceny by check charge and secure your future.

[fusion_builder_container type="flex" hundred_percent="no" equal_height_columns="no" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" parallax_speed="0.3" video_mp4="" video_webm="" video_ogv="" video_url="" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" overlay_color="" video_preview_image="" border_color="" border_style="solid" padding_top="" padding_bottom="" padding_left="" padding_right=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_color="" border_style="solid" border_position="all" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="small-visibility,medium-visibility,large-visibility" center_content="no" last="true" min_height="" hover_type="none" link="" border_sizes_top="" border_sizes_bottom="" border_sizes_left="" border_sizes_right="" first="true"][fusion_text columns="" column_min_width="" column_spacing="" rule_style="" rule_size="" rule_color="" hue="" saturation="" lightness="" alpha="" user_select="" content_alignment_medium="" content_alignment_small="" content_alignment="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" sticky_display="normal,sticky" class="" id="" margin_top="" margin_right="" margin_bottom="" margin_left="" fusion_font_family_text_font="" fusion_font_variant_text_font="" font_size="" line_height="" letter_spacing="" text_transform="" text_color="" animation_type="" animation_direction="left" animation_color="" animation_speed="0.3" animation_delay="0" animation_offset="" logics=""] What to Do if a Restraining Order is Filed Against You Facing a restraining order can be a stressful and disorienting experience, especially if you believe the allegations are false. It’s crucial to handle the situation with care to protect your rights and prevent additional legal issues. Here’s what you need to know and do if you find yourself subject to a restraining order. Common Situations Leading to a Restraining Order Relationship Breakdown Sometimes, a restraining order may be sought by a spouse or partner following the end of a relationship, especially if they have moved on with someone else. Immigration Issues A non-American spouse might file a restraining order as a strategy to stay in the country, seeking to remain legally while distancing themselves from you. Domestic Disputes In cases where a new partner has children, there may be allegations of abuse fabricated to remove you from your home and disrupt your life. Consequences of a Restraining Order Probation Record A restraining order will be recorded on your probation record, potentially affecting future legal matters. Legal Restrictions The order will impose restrictions on your behavior, such as no-contact directives and possibly requiring you to vacate your residence. Compliance with these restrictions is mandatory. Potential Criminal Charges Violating the terms of a restraining order can lead to criminal charges. The person who obtained the order can file a complaint, which could result in jail time if the order is breached. Steps to Take if a Restraining Order is Filed Against You Stay Calm It’s important to stay composed and avoid making hasty decisions. Assess the situation calmly to understand the implications and plan your next steps. Do Not Violate the Order Even if you believe the restraining order is unfair, it is crucial to comply with all its terms. Violating the order can lead to additional legal trouble, including potential criminal charges. Seek Legal Advice Contact an experienced attorney as soon as possible. A lawyer can provide crucial guidance on how to respond to the restraining order, help you understand your rights, and develop a defense strategy. They will navigate the legal process on your behalf and work to protect your interests. Conclusion Navigating the legal system with a restraining order against you requires careful handling and legal expertise. By staying calm, complying with the order, and seeking prompt legal advice, you can better manage the situation and work towards a resolution. If you’re facing a restraining order and need legal assistance, contact The Law Offices of Elliot Savitz & Scott Bradley today for a FREE CONFIDENTIAL LEGAL CONSULTATION at (781) 974-3429. Our experienced attorneys are here to help you understand your rights and guide you through this challenging process. [/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

[fusion_builder_container type="flex" hundred_percent="no" equal_height_columns="no" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" parallax_speed="0.3" video_mp4="" video_webm="" video_ogv="" video_url="" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" overlay_color="" video_preview_image="" border_color="" border_style="solid" padding_top="" padding_bottom="" padding_left="" padding_right=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_color="" border_style="solid" border_position="all" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="small-visibility,medium-visibility,large-visibility" center_content="no" last="true" min_height="" hover_type="none" link="" border_sizes_top="" border_sizes_bottom="" border_sizes_left="" border_sizes_right="" first="true"][fusion_text columns="" column_min_width="" column_spacing="" rule_style="" rule_size="" rule_color="" hue="" saturation="" lightness="" alpha="" user_select="" content_alignment_medium="" content_alignment_small="" content_alignment="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" sticky_display="normal,sticky" class="" id="" margin_top="" margin_right="" margin_bottom="" margin_left="" fusion_font_family_text_font="" fusion_font_variant_text_font="" font_size="" line_height="" letter_spacing="" text_transform="" text_color="" animation_type="" animation_direction="left" animation_color="" animation_speed="0.3" animation_delay="0" animation_offset="" logics=""] What to Do If You Have an Outstanding Warrant in Massachusetts Finding out that you or a loved one has an outstanding warrant in Massachusetts can be a stressful and confusing experience. Whether the warrant is from a recent issue or an old case you thought was resolved, it’s important to address it promptly to avoid further complications. This blog post will guide you through what to do if you find yourself in this situation. Understanding the Situation Warrants can be issued for various reasons, including failing to appear in court, not paying fines, or violating probation terms. Sometimes, these warrants can be related to cases that are years old, and you may not even remember what the original issue was about. It’s also possible that you thought the matter was resolved, only to discover that there is an outstanding warrant when you attempt to renew your driver’s license or learn that your social security benefits are at risk. Regardless of the specifics, the first step is to understand the nature of the warrant. Is it related to an unpaid fine, missed court appearance, or something more serious? Knowing this will help you and your attorney address the situation appropriately. The Importance of Legal Advice The most crucial step you can take when you discover an outstanding warrant is to seek legal advice immediately. A knowledgeable criminal defense attorney can help you understand the implications of the warrant and guide you through the process of resolving it. Here’s why getting legal advice is essential: Expert Guidance : An attorney will help you understand the details of your case and the best course of action. They can access court records, explain what led to the warrant, and advise you on how to proceed. Avoiding Arrest : Depending on the nature of the warrant, you could be at risk of arrest if you ignore it. An attorney can help you take proactive steps to resolve the warrant, potentially avoiding arrest altogether. Navigating the Legal System : The legal system can be complex and intimidating, especially if you’re dealing with an old case. An attorney will guide you through the necessary legal processes, such as appearing in court or negotiating with the prosecution, to resolve the warrant. Protecting Your Rights : Legal representation ensures that your rights are protected throughout the process. Your attorney can negotiate on your behalf, work to reduce penalties, and help you avoid additional legal issues. Steps to Take Once you’ve consulted with an attorney, they will likely advise you on the following steps: Resolve Any Outstanding Issues : If the warrant is due to unpaid fines, fees, or restitution, you’ll need to address these payments. Your attorney can help you navigate the payment process and, in some cases, negotiate reduced fines. Appear in Court : If the warrant is related to a missed court date, you may need to appear in court to resolve the issue. Your attorney can represent you in court, explain your situation to the judge, and work to resolve the matter favorably. Clear Your Record : In some cases, it may be possible to have the warrant cleared from your record. Your attorney will advise you on whether this is an option and guide you through the process. Conclusion Dealing with an outstanding warrant in Massachusetts can be overwhelming, but you don’t have to face it alone. The most important thing you can do is seek legal advice as soon as possible. An experienced criminal defense attorney will help you understand the situation, protect your rights, and work towards resolving the warrant so you can move forward with your life. If you or a loved one has discovered an outstanding warrant, don’t wait. Contact a qualified criminal defense attorney today to discuss your options and begin the process of clearing your name. [/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

What is the difference between a Misdemeanor and a Felony?

[fusion_builder_container type="flex" hundred_percent="no" equal_height_columns="no" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" parallax_speed="0.3" video_mp4="" video_webm="" video_ogv="" video_url="" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" overlay_color="" video_preview_image="" border_color="" border_style="solid" padding_top="" padding_bottom="" padding_left="" padding_right=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_color="" border_style="solid" border_position="all" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="small-visibility,medium-visibility,large-visibility" center_content="no" last="true" min_height="" hover_type="none" link="" border_sizes_top="" border_sizes_bottom="" border_sizes_left="" border_sizes_right="" first="true"][fusion_text columns="" column_min_width="" column_spacing="" rule_style="" rule_size="" rule_color="" hue="" saturation="" lightness="" alpha="" user_select="" content_alignment_medium="" content_alignment_small="" content_alignment="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" sticky_display="normal,sticky" class="" id="" margin_top="" margin_right="" margin_bottom="" margin_left="" fusion_font_family_text_font="" fusion_font_variant_text_font="" font_size="" line_height="" letter_spacing="" text_transform="" text_color="" animation_type="" animation_direction="left" animation_color="" animation_speed="0.3" animation_delay="0" animation_offset="" logics=""] In all 50 states, including Massachusetts, criminal charges fall into two main categories: misdemeanors and felonies. These distinctions, protected by federal criminal codes, determine the severity of the crime and the potential consequences if convicted. If you find yourself facing any criminal charges in Massachusetts, it is crucial to seek counsel from a skilled criminal defense attorney. Understanding the difference between these charges and securing proper legal representation can make a significant difference in the outcome of your case. Misdemeanor vs. Felony: Understanding the Differences Misdemeanor Crimes in Massachusetts Under Massachusetts law, a misdemeanor is defined as a crime that is not punishable by confinement in state prison. While misdemeanors are generally considered less severe than felonies, they can still result in significant consequences, including jail time, fines, and a criminal record. Common examples of misdemeanors in Massachusetts include: Fishing and hunting violations Most criminal motor vehicle offenses Disorderly conduct Concealment of merchandise (shoplifting) Trespassing Drug possession Despite being less severe, misdemeanors are categorized into a class system that determines the potential penalties. In Massachusetts, misdemeanor charges are classified as follows: Class A1 Misdemeanor: Maximum jail time of 150 days Class 1 Misdemeanor: Maximum jail time of 120 days Class 2 Misdemeanor: Maximum jail time of 60 days Class 3 Misdemeanor: Maximum jail time of 20 days Each class of misdemeanor carries different consequences and requires a tailored legal approach. A criminal defense attorney will work to have charges dismissed, negotiate pre-trial probation, and explore plea options. Ideally, the best outcome would be winning the case at the clerk magistrate’s hearing, which would result in the expungement of all related charges from your record. Felony Crimes in Massachusetts Felony charges represent the most serious criminal offenses in Massachusetts and can have a lasting impact on your life. A felony is punishable by state prison sentences or, in the most extreme cases, the death penalty. The severity and intent behind the crime distinguish felonies from misdemeanors. Examples of felony crimes in Massachusetts include: Kidnapping Rape Murder Indecent assault Burglary Gun charges The sentencing process for felonies in Massachusetts is notably different from misdemeanors. Felonies do not fall under a class system; instead, they are categorized as either "indeterminate," where the punishment includes a range of prison time, or they specify a maximum punishment time, especially for habitual offenders. The repercussions of a felony conviction can include the loss of fundamental rights, such as the right to vote and own a firearm, and it can severely damage your professional and personal reputation. Why You Need Professional Legal Representation Whether you are facing misdemeanor or felony charges, the consequences of a conviction can be life-altering. A knowledgeable criminal defense attorney will provide comprehensive representation, assess the specifics of your case, and develop a defense strategy tailored to your circumstances. At The Law Office of Elliot Savitz, we understand the stakes involved and are committed to protecting your rights and future. Don't let criminal charges dictate your life. Seek experienced legal counsel to navigate the complexities of the Massachusetts legal system and work towards the best possible outcome. Contact The Law Office of Elliot Savitz today to discuss your options and begin building your defense. [/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

Can a police officer search me or my car for no reason?

No. There must be a reasonable suspicion that you committed a crime or you are under arrest, or an inventory search is being carried out prior to a car being towed to allow a police officer search. If the search is illegal, any evidence may be suppressed. However, you could still be convicted on other evidence.

If a police officer does not read me my Miranda rights, must the case be dismissed?

No. If you are in custody and answer an officer’s questions without being read your Miranda rights or told you have a right to an attorney or to be silent, then any incriminating statements you make might be suppressed, which means those statements cannot be used against you at trial. However, you can still be convicted on other evidence. » Contact us today to review a violation of your Miranda Rights

Are sentences mandatory?

Depending on the charge, some sentences are mandatory (e.g., oui 3rd, driving while your license is suspended because of an oui, and certain gun charges), but most are not. » More on Criminal Law

What happens if I am summonsed into court for an arraignment?

At an arraignment, first, you will be interviewed by an officer of the court to determine if you are indigent (you cannot afford a lawyer). Then, you will appear in court, where you will be arraigned (or formally charged) by the court. You will be prosecuted by a police prosecutor or an ADA (Assistant District Attorney). If the ADA wants bail, your lawyer will generally argue against it. You will then be given a date for a (PTC) pre-trial conference, at which time the ADA and your lawyer (unless you waive your right to a lawyer) will discuss discovery of evidence. After your PTC, you will be given other dates for motions, compliance & election, and trial. At anytime, your lawyer and the ADA can work out a plea. Any plea must be approved by the judge. If you are summoned for an arraignment, contact us immediately to represent you and protect your rights.

Am I entitled to a lawyer in court?

You are always entitled to a lawyer in court and you can hire your own lawyer . However, if you could go to jail on your charge(s) and you are indigent (you cannot afford a lawyer), the court will appoint a lawyer for you for $150 to $300.

What happens at a clerk’s hearing?

At a Clerk’s Hearing , a clerk, who is not a judge and generally not a lawyer, will decide if there is probable cause that you committed a crime. If so, he/she can issue a complaint. In that case, you will appear (sometime in the future, not then) before a judge and be arraigned on the charge(s). However, just because the clerk finds probable cause, he/she does not have to issue a complaint. If you have a lawyer, he/she will do most (or all) of the talking and help ensure that a complaint does not issue.