Those with a criminal record can also struggle to secure housing, as landlords often perform similar checks and may deny applications based on a criminal record. Social stigma and discrimination can also affect personal relationships and community involvement, making it harder for individuals to build supportive networks. It can even restrict access to educational opportunities and professional licenses, further limiting opportunities for personal and professional growth. These barriers can perpetuate a cycle of disadvantage, but legal tools are available that help support rehabilitation and reintegration. In Massachusetts, two legal tools that can help individuals clear their records are sealing and expungement. While both aim to limit access to criminal history, they differ significantly in terms of eligibility, process, and impact.

#1: Sealing a criminal record

Sealing a record in Massachusetts restricts access to the information. This process does not erase the record but makes it inaccessible to the general public, including employers and landlords.

Not all records qualify for sealing. Generally, it is possible to seal non-convictions, misdemeanors, and certain felonies after a waiting period. Interested individuals can do this by filing a petition with the court. The court reviews the petition and decides whether to grant the request based on factors like rehabilitation and public safety. If approved and the seal is granted, the record is not visible in background checks. However, law enforcement and certain government agencies can still access it.

Sealing offers a way to move forward without the burden of a visible criminal record, though it does not completely erase the past.

#2: Expungement of a criminal record

Expungement goes a step further than sealing by completely erasing the record from existence. This process is more stringent and limited in scope. It is available for specific cases, such as wrongful convictions, offenses committed by minors, or decriminalized activities. The criteria are strict and often require proof of innocence or legal changes. Anyone who wants an expungement must file a petition. The court evaluates the petition, considering factors like the nature of the offense and any subsequent legal changes.

Once expunged, the record is permanently removed from all databases. It is as if the offense never occurred, providing a fresh start.

Although these paths offer some relieve to those with criminal records, legal experts call for additional improvements to further support those who are attempting to become productive members of society. Until then, sealing records and expungement are legal tools that can help those who are working through this process.

What is the insanity defense?

The insanity defense is a legal argument used in criminal trials. This defense acknowledges that the defendant committed a criminal act but claims they lacked the mental capacity to understand what they were doing or to know that it was wrong. It is an affirmative defense, meaning the defendant must prove their insanity to the court.

When can this defense be used?

The insanity defense is not used frequently, but it can be a crucial argument in certain cases. For example, if someone commits a crime while experiencing a severe psychotic episode, they might not understand the nature of their actions. In such cases, the defense can argue the insanity defense, also known as Not Guilty by Reason of Insanity.

Different areas or states have different standards for the insanity defense, such as the M’Naghten Rule, the Irresistable Impulse test and the Model Penal Code test. Let us see some examples:

• In Pennsylvania, the M’Naghten Rule is used. This rule requires the defendant to prove that they did not understand the nature of their actions or that they did not know their actions were wrong due to a mental defect. The burden of proof lies with the defendant.
• In Virginia, the state combines the M’Naghten Rule and the Irresistible Impulse Test. This means that a defendant can be found not guilty if they were unable to control themselves due to a mental disorder, even if they understood what they were doing. Like Ohio, the burden of proof is on the defendant.
• Massachusetts, on the other hand, follows the Model Penal Code rule. This rule is broader and considers whether the defendant lacked substantial capacity to grasp the wrongfulness of their conduct or to fit their conduct to the law. The burden of proof is on the state to show that the defendant was sane.

To determine whether an individual is insane, mental health professionals employ a range of psychological tests, evaluations and assessments. In addition to standardized tests, psychologists and psychiatrists conduct comprehensive evaluations, such as interviews and analysis of medical history, to gather more information about an individual’s mental state.

Seeking legal advice

If you or someone you know is involved in a case where mental health is a factor, it’s a good idea to talk to a lawyer. They can explain the laws and insanity defense in your state and help you understand your rights.

The insanity defense is a critical aspect of criminal law that balances the need for justice with compassion for those with severe mental illnesses. It is important to understand that this defense is not a loophole but a necessary legal tool for ensuring fair treatment.

Step #1: Gather evidence

Collecting evidence is crucial in disproving false allegations. This includes any communication, such as text messages or emails, that can support your case.

• Document interactions: Keep a detailed record of all interactions with the accuser. Note dates, times, and the nature of the communication.
• Identify witnesses: Reach out to individuals who can testify on your behalf. Their accounts can provide valuable support to your defense.

Proper documentation can significantly strengthen your case, providing tangible proof to counter the accusations.

Step #2: Respect any court orders

In Massachusetts, accusers can receive a restraining order quickly, often without your presence in court. It is in your best interests to understand the terms and comply fully to avoid further legal complications.

Review the order carefully so that you can understand the restrictions imposed and adhere strictly to them. If necessary, use legal channels to challenge the order. Work with your attorney to contest the order if it is unjustified. Present evidence and witness testimony to support your case.

Compliance with restraining orders will help to avoid additional charges and demonstrate your commitment to resolving the situation legally. The order itself is not a criminal charge, but a violation can be.

False allegations of domestic violence in Massachusetts requires immediate and strategic action. Although you are your own best advocate, the importance of delegating matters to experienced legal counsel cannot be overstated. An attorney with experience in domestic violence cases can provide guidance, represent you in court, and help navigate the complexities of Massachusetts law. Remember, the right approach can protect your rights and help restore your reputation.

All of that can come crashing down in an instant if police officers come knocking. Sometimes, consensual romantic encounters eventually result in allegations that no consent was given. People who might never consider engaging in underhanded and illegal activity might find themselves facing some of the most stigmatized criminal accusations possible.

What happens when someone who had an intimate encounter with someone else faces false accusations of sexual violence?

The details inform the best response

There are countless reasons why the parties who engaged in an intimate encounter may not agree about the nature of their interactions. A lack of communication, a disparity in personal power or chemical intoxication could complicate the situation. The other party might claim that they revoked consent partway through the encounter, that they were too inebriated to consent or that they never granted explicit consent at all.

There is a substantial burden of proof on the state in cases related to sexual assault that can be difficult for prosecutors to meet. Especially in cases where there’s no objective evidence but instead just the verbal statements of the two people involved, it can be difficult to determine who told the truth and who exaggerated details or outright fabricated their claims.

In some cases, there may be a clear motive for misrepresenting what happened. Someone who engaged in a one-night stand may have already been in a long-term relationship. Judgment from conservative or religious family members might also play a role in someone changing their story about a prior encounter.

In some cases, there might be text messages or private messages exchanged on social media after the encounter that can raise questions about what actually happened. There could be a total lack of forensic evidence or a history of questionable choices on the part of the accuser to explore.

As is true for all types of crimes, those accused of sexual misconduct often require a custom approach to criminal defense based on the specific charges that they face and the details of the allegations against them. Securing the support of a criminal defense attorney as soon as possible can make a major difference for those accused of sexual crimes. With the right support and strategy, false accusations do not have to ruin a defendant’s life.

It’s critical that every “link” in the chain is documented, including every person who handled it or moved it at any point. Typically, a piece of evidence is moved from the crime scene to storage, then to a lab for analysis and then back to storage until it’s presented in court.

The purpose of having an unbroken chain of custody is to ensure that the evidence that was collected is the same evidence that’s being used to prosecute someone. If there’s any question about where that piece of evidence was or who accessed it at any point, the evidence could be ruled inadmissible. Any further evidence that is retrieved from the original piece of evidence, like fingerprints or DNA, would also be ruled inadmissible. If it’s a key piece of evidence, the prosecution’s case could be over.

Examples of breaks in the chain of custody

Some of the most common examples of breaches or breaks in a chain of custody include the following:

• A law enforcement officer doesn’t bring the evidence directly to police headquarters for appropriate logging and storage.
• The evidence is mislabeled at a lab.
• An unauthorized person checks out the evidence from storage.
• A seal on a storage bag is broken or shows signs of tampering.
• The evidence is compromised by other people’s fingerprints or DNA.

While even if some of these types of breaches occur, a piece of evidence might still be uncompromised. Nonetheless, if the proper handling of it can be questioned, judges will typically err or the side of protecting the defendant and rule it inadmissible (or “suppressed”).

Getting assistance from a legal team can help defendants find out if a piece of evidence being used against them may have been compromised. Legal professionals can question every piece of evidence and look for signs that it’s been compromised in some way – whether due to a break in the chain of custody, a contaminated crime scene or a violation of a defendant’s rights by law enforcement officers. That’s one reason that getting legal guidance as early as possible is important.

If investigators track questionable online activity to an individual’s home or business, they may obtain a warrant. They may then seize computers, modems, routers and other electronic devices to look for evidence of computer crimes. While people generally have the right to share most information openly, some sorts of materials can lead to criminal allegations.

Those allegations lead to not just punishments imposed by the courts but also social stigma in many cases. Those accused of significant computer-related crimes often need help preparing a defense strategy to prove that they did not do what the state claims, and that’s okay.

How can individuals defend against allegations of computer crimes?

With thorough technical analysis

One of the most effective strategies for countering claims of computer crimes is to analyze devices and reinterpret the evidence obtained by the state. For example, modem or router information could show that unidentified parties connected external devices to a home or business network. The computer crimes may not have involved people living at a property or working for a business but total strangers who take advantage of an unsecured network.

Other times, viruses or hackers might be to blame for what looks like a computer crime. Outside parties can sometimes obtain remote access to a device that has downloaded malware or become infected with a virus.

Those parties may have nefarious intentions. They may run background processes on the computer as a way of committing computer crimes without using their personal devices. There could be files stored on the computer or regularly downloaded and uploaded from the device that the owner doesn’t even realize exist.

Even in scenarios where the digital evidence gathered by authorities seems to paint a compelling picture of computer crimes, it may be possible to raise a reasonable doubt about whether a particular individual actually misused that computer for inappropriate purposes. The best strategy depends on the evidence and the details of the situation, as no two cases are identical.

Securing sound legal guidance and support as soon as possible when facing accusations of computer crimes can give defendants an opportunity to plan an effective response. With the right support, people accused of computer crimes can sometimes exonerate themselves after a shocking search and arrest.

Prosecutors typically need to establish that an assault and battery case meets three key standards to secure a conviction. What are the requirements for a strong assault and battery case in criminal court?

1. Unwanted physical touch

The first component of assault and battery is that there was non-consensual physical contact between the two parties. The state has to prove that the party accused of assault and battery actually physically touched the other party and did so without their consent. Claims of acting and self-defense or in defense of another person could undermine the state’s claim of assault and battery, for example, as acting to protect oneself can make physical contact lawful.

2. Intentional physical contact

There are certain scenarios in which one party may unintentionally make physical contact with another. Someone might trip while rushing through the grocery store, for example. They could slam into another customer and knock them to the floor. Such circumstances do not involve intentional contact and therefore do not warrant assault and battery charges because there was no intent to touch the other party.

3. A likelihood of causing injury or offense

Technically, state prosecutors usually do not need to prove that the physical contact caused harm to justify basic assault and battery charges. However, they do need to establish that the intent was to injure or offend the other party. Provided that reasonable people agree that the contact that occurred was likely to cause injury or offense, then the situation may constitute assault and battery.

Defending against assault and battery charges may entail establishing that the situation does not meet the state definition of assault and battery. Those facing violent criminal charges may benefit from seeking legal support when developing a defense strategy that will help them avoid a conviction.

Sometimes, the only evidence the state can obtain is the testimony of an eyewitness. Statements from those who witness or experience criminal activity may be the only way for the state to connect a defendant to an alleged criminal incident. Eyewitnesses can provide a narrative of the crime itself or can identify someone involved in a criminal incident.

While people sometimes think of eyewitness testimony as authoritative, the reality is that eyewitness testimony is subjective and potentially unreliable. Defendants facing criminal charges backed primarily by eyewitness testimony may be able to fight their charges with the right defense strategy.

How defense teams counter eyewitness testimony

There are several ways for defense lawyers to help those facing charges fight back against questionable eyewitness testimony. In some cases, exploring how eyewitnesses make mistakes, misremember or experience a gradual shift in what they recall can raise questions about the evidence they provide. Other times, defense attorneys might raise questions about the credibility of the eyewitness due to their prior criminal activity.

Factors including mental health challenges or even issues with their eyesight could also create concerns the accuracy of their testimony. Occasionally, if there is a pre-existing relationship between the eyewitness and the person facing accusations, exploring the communications the two have had and the dynamic of their relationship could raise questions about the reliability of eyewitness testimony.

It isn’t necessary to directly attack or undermine the eyewitness to challenge the statements they make. In some cases, exploring how the police worked with the eyewitness can be an effective strategy. Showing that they disclosed inappropriate information, compromised a lineup of suspects or asked leading questions could raise questions about the accuracy of an eyewitness’s statement or identification of a suspect.

The claims made by an eyewitness and the nature of the charges can influence the best way to handle a case backed almost exclusively by eyewitness testimony. Defendants often need help from experienced professionals when reviewing the state’s case and developing a criminal defense strategy, and that’s okay. Recognizing that eyewitness testimony is not always authoritative may help people feel confident about fighting the charges they’re facing.

Some people worry about how expensive it can be to fight criminal charges. Others worry about the attention that defending themselves could attract. Some people hope to receive a more lenient sentence because they cooperate with the state instead of fighting the charges.

What these people may have failed to consider is how a criminal record can affect them for years to come. Pleading guilty to a charge can have major implications for a professional’s career development.

A record could be the deciding factor for an employer

It has become commonplace for employers to perform background checks whenever they hire new workers. In fact, they may perform a new background check on a worker who has been with a company for years when that employee seeks advancement opportunities. Some companies have zero-tolerance policies and do not hire or promote those with criminal records. Even if the record doesn’t prevent someone from being eligible, it could still have an influence on the final decision. If two candidates with similar work experience apply for the same position, the candidate without the criminal record may have a slight advantage over the one with a prior record.

Missing work can have a chilling effect

Some people assume that they don’t have to miss much work if they plead guilty. After all, trials take time and typically occur during the business week. However, what people may fail to consider is the obligation to attend meetings during probation or the risk of incarceration. The more work that people miss because of criminal penalties, the more of an impact their absenteeism might have on their career prospects. Employers tend to judge those who are not consistently available or who miss multiple days of work in a short time. Even if workers don’t lose their jobs outright, they may have a harder time securing advancement opportunities or raises in the future.

A conviction can cost someone their professional license

Numerous different careers require a state license. Medicine, accounting and even cosmetic careers require formal education and licenses provided by state authorities. Those authorities generally have codes of conduct that apply to all license holders. A variety of different criminal convictions can impact eligibility for professional licensing. In some cases, those who plead guilty to a crime may face immediate disciplinary action. Other times, they may be at risk of rejection when they seek to renew their license in a few years.

Fighting pending criminal charges can potentially help people preserve their freedom and their professional opportunities. Those who understand how a conviction could affect their future may find the motivation they need to fight their pending charges.

They can also recognize when the state does something illegal or violates the rights of a defendant. There are many rules in place for the protection of those accused of crimes, including rules and standards for criminal evidence. Prosecutors have to prove beyond a reasonable doubt that the defendant violated specific criminal statutes. They can sometimes convince a judge to exclude certain evidence from a trial.

When investigators have violated a defendant’s rights

There are many rules restricting police searches and interrogations. Officers need to conform with those rules if they hope to gather evidence that can hold up under scrutiny in the criminal courts. When a defense attorney can show that police officers conducted an illegal search or violated someone’s rights during questioning, they can ask a judge to set aside any evidence gained through that misconduct. The exclusionary rule allows for the elimination of evidence secured through misconduct or civil rights violations.

When the state relies on junk science

Certain means of evaluating evidence are more credible than others. There are many forms of evidence that were once common in criminal proceedings but that no longer hold up under scrutiny. So-called junk science ranges from blood spatter analysis to lie detector tests. Occasionally, an attorney can prevent the courts from presenting evidence that relies on scientific conjunction no longer accepted by most experts.

The exclusion of evidence from a trial can lead to dismissed charges or an improved chance of winning in court. Complicated defense strategies that rely on extensive legal and scientific knowledge typically require careful preparation. People facing drug charges and other allegations that rely on questionable evidence could try to prevent the inclusion of that evidence during trial. Those who have the right support when wrongfully accused of breaking the law can improve their chances of convincing the courts that they did not commit a crime.

Not everyone accused of assault or a similar offense is an unstable and dangerous person. Some people face criminal charges because they responded to another person’s act of aggression. It is sometimes possible to defend against criminal charges by raising a claim that someone has acted in self-defense.

There may be a duty to retreat

Some states have stand-your-ground laws. These special statutes protect the right of self-defense in any location where a person can legally be. Someone at the grocery store threatened by another customer could defend themselves physically without trying to leave the situation first. That is not necessarily true in Massachusetts. There is no stand-your-ground statute in place. However, there is no duty to retreat if someone acts in self-defense because of someone unlawfully entering their living space.

The need for self-defense must be reasonable

Massachusetts allows defendants accused of a criminal offense to present evidence intended to convince the courts that they acted in self-defense. To do so, it is necessary to establish that another reasonable person would view the situation as threatening. If another individual is unlikely to feel that physical force is necessary for self-protection in the same situation, then the defendant may have a hard time establishing that they acted in self-defense.

Self-defense applies to the protection of others too

Contrary to what the name implies, claims of self-defense are not only available to those who fear for their own safety. Self-defense statutes can also extend protection to those who act in defense of friends and family members. In fact, intervening in a crime in progress to protect a stranger could also give someone grounds for an affirmative defense.

A thorough review of the state’s evidence can help someone determine the best response to violent criminal charges. Proving that someone acted in self-defense could theoretically help that individual avoid a criminal conviction.

Not all crimes are the same and we all know that. What differentiates certain crimes from others is the following:

• Severity of the crime
• Punishment if convicted
• Long-term effects of the conviction
• Legal process of prosecution
• Statute of Limitations

People make mistakes and no one is perfect, but staying on the right side of the law is always in your best interest.

If you get into trouble with the law, however, you need representation from an attorney who can advocate for you. They will guide you through the process and explain how the law works.

Simple words, big difference

However, even before that, it is crucial to have a basic understanding of certain concepts. Felonies are much more serious than misdemeanors, for example, and they often result in harsher penalties, while misdemeanors are less serious offenses with less severe consequences.

Examples of felonies include:

• Murder
• Robbery
• Burglary
• Drug trafficking

Examples of misdemeanors include:

• Shoplifting
• Vandalism
• Trespassing
• Disorderly conduct

Reading through the list gives you a clear picture of the differences between the two. Given that they are so different, felonies and misdemeanors differ in many other ways, like, for example, the legal proceedings and the long-term effects of a conviction.

You deserve advocacy

In a perfect world, no one would commit crimes. However, good people who need legal assistance commit millions of crimes every day in the United States.

Understanding the law, whether you should fight your charges, whether you have defenses and what rights you have are all critical and important for you to know.

For information specific to a crime, an attorney with criminal law experience can assist you further and ensure you understand the entire picture.

Knowing the basics of these laws can help individuals to more successfully navigate encounters with law enforcement.

Understanding search and seizure

The Fourth Amendment guards against unreasonable searches and seizures. This protection means that any law enforcement action must be reasonable and follow due process. It’s a fundamental concern that helps to ensure that law enforcement needs don’t overshadow individual rights.

When a warrant is necessary

Typically, law enforcement officers require a warrant to conduct a search or seizure. This legal document, issued by a judge or magistrate, permits them to search a specified area and seize particular items. Warrants can’t be too general or they’ll be considered invalid.

To get a warrant, there must be probable cause, suggesting a reasonable belief that a crime has occurred and evidence is present at a specific location. There are exceptions to the warrant requirement. A warrant might not be necessary in urgent situations involving immediate threats to public safety or the potential destruction of evidence. Also, searches connected to lawful arrests might occur without a warrant.

Rights during a search

Individuals need to know their rights in search and seizure scenarios. If officers lack a warrant, you can usually refuse a search. But, if they have a valid warrant, compliance is required.

Understanding search and seizure is crucial in the criminal justice system. It’s about knowing your rights, understanding when law enforcement can conduct searches and recognizing the importance of warrants. This knowledge is key for anyone interacting with the legal system, ensuring they can navigate these complex situations in more informed ways

Evidence that’s obtained without a warrant, permission or extenuating circumstances may not be admissible in court. Working with someone who fully understands the Fourth Amendment’s requirements is critical for any defendant.

But the reality is that legal prohibitions extend far beyond this type of hacking, and the events shown in the movies often aren’t realistic as to what hacking even looks like. Oftentimes, unlawful hacking simply means obtaining a password from a prohibited source or using software that will automatically work on breaking a system. For this reason, there are some events that are technically illegal that people may not realize are violations of the law. Below are two examples that illustrate how easily something unlawful hacking can happen.

Reading someone else’s email

It is illegal to read someone else’s email messages without their permission. There was even a case where a man was arrested for reading the emails on his wife’s phone. He was close to going to jail, but it turned out that his wife had also read the messages on his phone, so neither of them were incarcerated. But this case helps to show that gaining unauthorized access to someone’s private account is unlawful. It doesn’t matter if the person doing it considers reading someone else’s emails to be a “minor” event. It doesn’t even matter if the people are married. It is still technically a violation of the law unless the account holder has granted the reader explicit permission to access their account.

Accessing someone’s social media

Unlawful access of another individual’s social media accounts is also unlawful. This could be done maliciously, but it is also often done between friends, roommates, coworkers or other people who know each other. Some people may think that it’s just a joke to “hack” into someone else’s social media and post a compromising status, but it is technically a violation of technology laws.

These laws are somewhat outdated, and they are always being changed as technology evolves. As a result, those who have been accused of violating the law should seek legal guidance promptly to begin building a defense strategy that is strong in the face of the unique ins and outs of their particular circumstances.

What will happen to everything that you own? What will happen to your mortgage/lease and/or your car loan? Will you need to address these challenges proactively, or will your life just essentially be put on pause until you are released from jail?

Your financial obligations will continue

Your bills and expenses will not be put on pause just because you have been arrested or convicted. Your rent or mortgage payments will remain due, as will your car loan, exactly as before. You’ll still have to pay off your credit card bills, pay taxes and tend to child support obligations, unless your term of incarceration is so lengthy that an exception to this rule applies to your situation.

As a result, it’s important to have someone who can handle these affairs for you. Some people use a power of attorney to give an agent the legal right to act on their behalf. Others set up automatic electronic payments. Still others simply entrust a family member with this task, such as allowing a spouse to handle their affairs.

Without an official legal agreement in place, someone else may not be able to take care of everything for you while you are in jail. For instance, you may want your brother to take money out of your bank account and pay your mortgage, preventing a foreclosure, but that doesn’t mean that the bank is going to give them access to your account. If you don’t take steps to facilitate this access, your lender could foreclose even though you have enough money to pay.

As a result, people who don’t consider their financial obligations often end up losing their possessions while they’re in jail. This is one of the reasons why being convicted can result in massive ramifications, even if you know you didn’t do anything wrong and you will eventually be released.

Creating a plan in advance

It’s crucial to have a plan in place to take care of these expenses so that you don’t lose everything you own, forcing you to restart your life when you are finally released. Be sure you know exactly what legal steps to take to protect your interests while you’re in jail. Seeking legal guidance is a good place to start.

Those who have invested heavily in their careers in the pursuit of a licensed profession typically intend to profit from that investment for many years to come. However, sometimes, mistakes and misconceptions can put someone’s professional future at risk. How can someone who is facing criminal charges in Massachusetts protect their professional license?

Avoiding a criminal conviction

Every defendant has the right to a presumption of innocence. In other words, in the eyes of the law, anyone accused of a crime is innocent until proven guilty. Employers and other parties, like licensing authorities, should not discriminate against an individual accused of a crime but able to exonerate themselves through evidence. Therefore, it is the outcome of criminal charges, not someone’s arrest, that will usually affect their professional license.

Any professional facing criminal accusations, regardless of whether or not the accusations directly relate to their profession, can typically minimize career consequences and long-term limitations by avoiding a conviction. The state licensing board will have a much more difficult time justifying punitive actions if the criminal courts have failed to convict someone.

There are numerous ways for someone to defend against criminal charges ranging from proving someone else committed the crime to establishing that no crime actually occurred. Those facing criminal charges and worried about preserving their professional licenses will often benefit from cooperating with a defense attorney.

A successful defense in criminal court may eliminate the risk of disciplinary efforts by the licensing board or can strengthen someone’s chances of avoiding lasting licensing consequences stemming from a recent arrest. Although it is theoretically possible for licensed professionals to defend themselves at a disciplinary hearing in front of the state licensing board after a conviction, it is easier to avoid disciplinary efforts and penalties with an unblemished criminal background.

The team at J. W. Carney, Jr. & Associates does not practice licensing defense, but our attorneys do help professionals facing criminal charges avoid career-ending charges. Our network of professional contacts can help us connect clients with the right support if clients need to defend their licenses in addition to defending against criminal charges. Mounting a rigorous defense to even seemingly minor criminal charges can help professionals protect the investment that they have made in their careers thus far.

The First Step Act is aptly named, indicating that it is just the beginning of a more comprehensive transformation. It implements several measures, both on the sentencing and prison reform fronts. The act retroactively applies the Fair Sentencing Act of 2010, which reduces the sentencing disparity between crack and powder cocaine offenses. This has had the potential to positively affect thousands of inmates, particularly those from disadvantaged communities, who have historically borne the brunt of these disparities.

Changes to three-strikes laws

It also softens the ‘three-strikes’ law, reducing the life sentence for three or more convictions to a 25-year sentence. It also expands the ‘safety valve’ provision in federal sentencing laws, allowing judges more discretion to deviate from mandatory minimum sentences in some cases. This is a significant move toward a more individualized justice approach.

Prison reform

On the prison reform side, it aims to prepare inmates for a successful reentry into society. It incentivizes inmates with the possibility of earning ‘good time credits’ to reduce their sentence length, contingent on their participation in programs aimed at reducing recidivism. These programs, which include vocational training, education and drug treatment, are designed to equip inmates with vital skills to help them reintegrate into society upon release.

Challenges remain

Critics argue that the First Step Act, while a positive move, only scratches the surface of the deep-seated issues plaguing the U.S. criminal justice system. It primarily affects the federal prison population, which comprises a relatively small fraction of the total incarcerated population in the U.S., so its reach is limited. However, it has established a precedent that could potentially inspire more substantial state-level reforms.

The First Step Act marks a significant step forward in criminal justice reform in the U.S. While it is not a cure-all, it signifies a much-needed shift towards a more humane and rehabilitative approach to criminal justice, one that recognizes the importance of second chances and the potential for transformation. As the name suggests, it is merely the first step on the path to more comprehensive reform.

Prior to the passage of unanimous jury verdicts, Evangelisto Ramos was convicted of murder in Louisiana on a 10–2 vote in 2016. His appeal of the conviction focused on non-unanimous jury decisions, citing the Jim Crow law established in 1898 that allowed racial discrimination within juries. The Louisiana Court of Appeal then upheld the sentence in November 2017.

Ramos went to The Supreme Court, which accepted the case in March of 2019.

Rights to a fair trial

In making the ruling, the high court relied on the sixth amendment to the Constitution, which provides rights to a fair trial that includes unanimous verdicts. It explicitly defines procedures to prosecute criminal suspects and ensures a jury trial for the suspect but does not detail the trial’s process, passing it on to the states to decide based on their own constitutions.

Following that decision, the Oregon Supreme Court ruled that cases within their borders should retroactively be applied, ending the mandated 10-2 for conviction. The decision makes Louisiana (formerly 10-2 prior to a new constitutional amendment requiring unanimity) and Oregon the only two states not requiring unanimous verdicts.

Another Louisiana inmate named Thedrick Edwards was convicted in a 10-2 decision in 2007, which challenged Louisiana’s non-unanimous jury conviction law. He petitioned the Supreme Court during the same time period. That decision changed his petition to the Supreme Court to request the Ramos decision be retroactive to defendants who had exhausted all appeals. The court subsequently accepted Edwards’ case with oral arguments commencing on December 2, 2020.

Unfortunately, enough people go out and intentionally write that checks that businesses and prosecutors alike tend to assume the worst when someone bounces checks. The state could prosecute you for larceny because you tried to pay for goods or services with a check that did not clear the account after you wrote it, which is essentially the same thing as stealing.

What kind of charges will you face?

Massachusetts has a larceny by check charge

Defrauding merchants and service providers by writing checks that will not result in full payment is common enough that Massachusetts has a specific criminal statute that applies to such offenses. The state larceny by check statute criminalizes the act of intentionally writing a bad check.

If you buy pizza or pay for a grocery delivery, you may face misdemeanor charges. The cutoff is $250. Any check written for goods or services worth more than $250 could lead to felony charges. So could any bad check written to purchase a firearm specifically, even if the price was under the $250 threshold.

The penalties for felony larceny by check is up to five years in state prison, up to two years in jail and as much as $25,000 in fines. On the other hand, if the charge is a misdemeanor offense, the penalties include up to $300 in fines and up to a year in state custody.

How do you defend against larceny by check charges?

Depending on the circumstances that led to your prosecution, there may be several viable solutions for resolving a larceny by check accusation. A thorough review of your financial records and prior criminal history will be a good place to start if you hope to defend against allegations of financial misconduct involving checks.

Defending yourself against white-collar criminal charges like larceny by check can help protect your reputation.

You took the money from your employer, who entrusted you with company funds. You were desperate, and that desperation has led to state and federal charges of embezzlement. The abyss grows deeper. Now, you need to know your legal options and get this matter resolved.

Helplessness, entrapment

By focusing on this list of criminal defense strategies, you may beat an embezzlement charge:

• The effect of duress: Threatened with violence if you did not go through with this deed, you have a reliable defense.
• The feeling of helplessness and incapacitation: Your life has gone into a deep tailspin, and you do not know how to remedy this situation. Experiencing personal grief, you may have turned to drugs and alcohol that affected your judgment.
• Lack of criminal intent: Perhaps you took the money thinking that it was yours.
• Insufficient evidence: Prosecutors may have quickly assembled a case against you but did not have compelling evidence. Miscommunications among the prosecutorial and investigative teams may have contributed, and so can an over-eager prosecutor who has targeted you.
• Entrapment: Pressure and harassment from undercover police led to this crime that would not have occurred if they had not coerced you into doing so.

Any type of criminal charge weighs heavily on the accused. However, there are definite strategies to help you put these situations behind you.

Right strategy, right outcome

Embezzlement may taint your life for a long time. You need to focus on strategies that will help you maintain a clear record. An experienced criminal defense attorney understands what strategies will work best to get this charge reduced or dismissed.