Posts Tagged ‘Massachusetts Office’

Divorce Lawyers in Cambridge Massachusetts

The SRIS Law Group Massachusetts Divorce Lawyers in our Cambridge Massachusetts office assist clients with Divorce cases throughout Massachusetts.

If you need a Massachusetts Divorce Lawyer in any of following Massachusetts counties to help you with a Divorce case, contact us at 888-437-7747.

Contact our Massachusetts Divorce Attorneys today for help.

Cambridge Office

CAMBRIDGE MA
WORCESTER MA

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BOSTON MASSACHUSETTS DIVORCE LAWYERS

The SRIS Law Group Massachusetts Divorce Lawyers in our Boston Massachusetts office assist clients with Divorce cases throughout Massachusetts.

If you need a Massachusetts Divorce Lawyer in any of following Massachusetts counties to help you with a Divorce case, contact us at 888-437-7747.

Contact our Massachusetts Divorce Attorneys today for help.

Boston Office

BOSTON MA, BRISTOL, ESSEX COUNTY, LAWRENCE MA, MIDDLESEX COUNTY, NANTUCKET, NEWBURYPORT, NORFOLK COUNTY, SOUTH BOSTON MA, SUFFOLK COUNTY, WATERTOWN, WRENTHAM MA

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MASSACHUSETTS DISORDERLY CONDUCT DEFENSE ATTORNEYS

DEFEND CLIENTS CHARGED WITH DISORDERLY CONDUCT IN MASSACHUSETTS

You are accused of perhaps drinking too much and then getting loud, boisterous, and cussing out somebody. This will probably result in you being charged with disorderly conduct in Massachusetts. You may end up in jail and a stiff fine. Don’t let this happend to you. Our Massachusetts disorderly conduct defense attorneys regularly represent clients who are charged with disorderly conduct. The Massachusetts criminal defense attorneys of SRIS, P.C. have an office in the city of Boston, Massachusetts. If you wish to consult a SRIS, P.C. disorderly conduct defense attorney in Massachusetts, please simply contact us via e-mail, phone, or by filling out our on-line form. A Massachusetts disorderly conduct defense lawyer of SRIS, P.C. will gladly consult with you regarding your matter.

BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747

To obtain a general overview of disorderly conduct defense, please click here.

To learn more about the laws pertaining to disorderly conduct defense in Virginia or Maryland, please click on the state.

DISORDERLY CONDUCT LAWS IN THE STATE OF MASSACHUSETTS

Section 59. Ordinances or regulations relating to streets, reservations, or parkways; alcoholic beverages; profanity; arrest without warrant (top)

Section 59. Whoever remains in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, whoever is in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, the substance of which is the drinking or possession of alcoholic beverage, and whoever in a street or other public place accosts or addresses another person with profane or obscene language, in wilful violation of an ordinance or by-law of such town, may be arrested without a warrant by an officer authorized to serve criminal process in the place where the offence is committed and kept in custody until he can be taken before a court having jurisdiction of the offence.

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MASSACHUSETTS EXPUNGEMENT ATTORNEYS

If your case was dismissed, nol prossed or you were acquitted in Massachusetts, you may be eligible for an expungement. The Massachusetts expungement lawyers of SRIS, P.C. are experienced attorneys in the field of expungement law. If you wish to consult a SRIS, P.C. Massachusetts expungement lawyer, please simply contact us via email or phone. An expungement attorney of SRIS, P.C. will gladly consult with you regarding your matter. Our Massachusetts expungement attorneys and staff in Boston, MA, speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu. For more information or to make an appointment with SRIS, P.C., please call us at the numbers below, send an e-mail or complete the on-line form.

BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747

To obtain a general overview of expungement laws, please click here.

To learn more about the laws pertaining to expungement laws in Virginia or Maryland, please click on the state.

EXPUNGEMENT LAW

• Expungement or sealing of records; hearings
• Expungement of record
• Requests to seal files; conditions; application of section; effect of sealing of records
• Requests to seal delinquency files or records; conditions; sealing by commissioner; notice for compliance; effect of sealing; limited disclosure
• Sealing of records or files in certain criminal cases; effect upon employment reports; enforcement
• Violations of Sec. 34; acquittal, dismissal or indictment nol prossed; sealing of records

M.G.L.A. 258D § 7- Expungement or sealing of records; hearings (top)

(A) Upon the entry of a judgment in favor of a claimant under this chapter and following a separate hearing on the matter, the court shall enter an order either directing the expungement or sealing of those records of the claimant maintained by the criminal history systems board, the probation department, and the sex offender registry that directly pertain to the claimant’s erroneous felony conviction case, including documents and other materials and any samples obtained from the claimant. The commonwealth, as well as any other law enforcement agency that may be directly affected by such expungement or sealing of such records including, but not limited to, the district attorney that prosecuted the felony case against the claimant, shall be given reasonable notice and an opportunity to be heard on the issue of whether such records, documents and materials shall be so expunged or sealed. In making its determination as to whether such records, documents and materials shall be so expunged or sealed, the court shall consider the interests of privacy and justice pertaining to the claimant’s erroneous felony conviction as well as the probable effect of such expungement or sealing on relevant law enforcement entities and their ability to appropriately investigate and prosecute other persons for the felony which forms the basis of the claim or other crimes that may relate to the information contained in such records, documents and materials.
(B) Following a separate hearing conducted by the court, the court may also order the expungement or sealing of those records that directly pertain to the claimant’s erroneous felony conviction case that are currently in the care, custody and control of other state, municipal or local departments, agencies, commissions or committees, including law enforcement entities. Any such agency, commission, committee or entity shall be given reasonable notice and an opportunity to be heard on the issue of whether such records, documents and materials shall be expunged or sealed pursuant to this section. In making its determination as to whether such records, documents and materials shall be expunged or sealed, the court shall consider those factors required for consideration by the court in paragraph (A). (C) Any order to expunge or seal entered by the court shall provide that, in any employment application, the claimant may answer “no record” as to any charges expunged or sealed pursuant to this section in response to an inquiry regarding prior felony arrests, court appearances or criminal convictions.
(D) The charges and convictions expunged or sealed shall not operate to disqualify the claimant in any examination, appointment or application for public employment in the service of the commonwealth or any other political subdivision thereof, nor shall such charges and convictions be used against the claimant in any way in any court proceedings or hearings before any court, board or commission to which the claimant is a party to the proceedings.

M.G.L.A. 22E § 15- Expungement of record (top)

Any person whose DNA record has been included in the state DNA database may apply to the superior court to have such record expunged on the grounds that the conviction or judicial determination that resulted in the inclusion of the person’s DNA record in the state DNA database has been reversed and the case dismissed; provided, however, that one year shall have elapsed from the date the judgment reversing or dismissing the conviction became final or such person shall have obtained, in writing, authorization from the district attorney that no further prosecution is contemplated under the original offense for which such person was convicted or for which the original judicial determination was entered.

M.G.L.A. 276 § 100A- Requests to seal files; conditions; application of section; effect of sealing of records (top)

Any person having a record of criminal court appearances and dispositions in the commonwealth on file with the office of the commissioner of probation may, on a form furnished by the commissioner and signed under the penalties of perjury, request that the commissioner seal such file. The commissioner shall comply with such request provided (1) that said person’s court appearance and court disposition records, including termination of court supervision, probation or sentence for any misdemeanor occurred not less than ten years prior to said request; (2) that said person’s court appearance and court disposition records, including termination of court supervision, probation or sentence for any felony occurred not less than fifteen years prior to said request; (3) that said person had not been found guilty of any criminal offense within the commonwealth in the ten years preceding such request, except motor vehicle offenses in which the penalty does not exceed a fine of fifty dollars; (4) said form includes a statement by the petitioner that he has not been convicted of any criminal offense in any other state, United States possession or in a court of federal jurisdiction, except such motor vehicle offenses, as aforesaid, and has not been imprisoned in any state or county within the preceding ten years; and (5) said person’s record does not include convictions of offenses other than those to which this section applies. This section shall apply to court appearances and dispositions of all offenses provided, however, that this section shall not apply in case of convictions for violations of sections one hundred and twenty-one to one hundred and thirty-one H, inclusive, of chapter one hundred and forty or for violations of chapter two hundred and sixty-eight or chapter two hundred and sixty-eight A.
In carrying out the provisions of this section, notwithstanding any laws to the contrary:
1. Any recorded offense which was a felony when committed and has since become a misdemeanor shall be treated as a misdemeanor.
2. Any recorded offense which is no longer a crime shall be eligible for sealing forthwith, except in cases where the elements of the offense continue to be a crime under a different designation.
3. In determining the period for eligibility, any subsequently recorded offenses for which the dispositions are “not guilty”, “dismissed for want of prosecution”, “dismissed at request of complainant”, “nol prossed”, or “no bill” shall not be held to interrupt the running of the required period for eligibility.
4. If it cannot be ascertained that a recorded offense was a felony when committed said offense shall be treated as a misdemeanor.
When records of criminal appearances and criminal dispositions are sealed by the commissioner in his files, he shall notify forthwith the clerk and the probation officer of the courts in which the convictions or dispositions have occurred, or other entries have been made, of such sealing, and said clerks and probation officers likewise shall seal records of the same proceedings in their files.
Such sealed records shall not operate to disqualify a person in any examination, appointment or application for public service in the service of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions, except in imposing sentence in subsequent criminal proceedings.
An application for employment used by an employer which seeks information concerning prior arrests or convictions of the applicant shall include the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ to an inquiry herein relative to prior arrests or criminal court appearances. In addition, any applicant for employment may answer ‘no record’ with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution.” The attorney general may enforce the provisions of this paragraph by a suit in equity commenced in the superior court.
The commissioner, in response to inquiries by authorized persons other than any law enforcement agency, any court, or any appointing authority, shall in the case of a sealed record or in the case of court appearances and adjudications in a case of delinquency or the case of a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution, report that no record exists.

M.G.L.A. 276 § 100B- Requests to seal delinquency files or records; conditions; sealing by commissioner; notice for compliance; effect of sealing; limited disclosure (top)

Any person having a record of entries of a delinquency court appearance in the commonwealth on file in the office of the commissioner of probation may, on a form furnished by the commissioner, signed under the penalties of perjury, request that the commissioner seal such file. The commissioner shall comply with such request provided (1) that any court appearance or disposition including court supervision, probation, commitment or parole, the records for which are to be sealed, terminated not less than three years prior to said request; (2) that said person has not been adjudicated delinquent or found guilty of any criminal offense within the commonwealth in the three years preceding such request, except motor vehicle offenses in which the penalty does not exceed a fine of fifty dollars nor been imprisoned under sentence or committed as a delinquent within the commonwealth within the preceding three years; and (3) said form includes a statement by the petitioner that he has not been adjudicated delinquent or found guilty of any criminal offense in any other state, United States possession or in a court of federal jurisdiction, except such motor vehicle offenses as aforesaid, and has not been imprisoned under sentence or committed as a delinquent in any state or county within the preceding three years.
When records of delinquency appearances and delinquency dispositions are sealed by the commissioner in his files, the commissioner shall notify forthwith the clerk and the probation officer of the courts in which the adjudications or dispositions have occurred, or other entries have been made, and the department of youth services of such sealing, and said clerks, probation officers, and department of youth services likewise shall seal records of the same proceedings in their files. Such sealed records of a person shall not operate to disqualify a person in any future examination, appointment or application for public service under the government of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards of commissioners, except in imposing sentence for subsequent offenses in delinquency or criminal proceedings.
Notwithstanding any other provision to the contrary, the commissioner shall report such sealed delinquency record to inquiring police and court agencies only as “sealed delinquency record over three years old” and to other authorized persons who may inquire as “no record”. The information contained in said sealed delinquency record shall be made available to a judge or probation officer who affirms that such person, whose record has been sealed, has been adjudicated a delinquent or has pleaded guilty or has been found guilty of and is awaiting sentence for a crime committed subsequent to sealing of such record. Said information shall be used only for the purpose of consideration in imposing sentence.

M.G.L.A. 276 § 100C- Sealing of records or files in certain criminal cases; effect upon employment reports; enforcement (top)

In any criminal case wherein the defendant has been found not guilty by the court or jury, or a no bill has been returned by the grand jury, or a finding of no probable cause has been made by the court, the commissioner of probation shall seal said court appearance and disposition recorded in his files and the clerk and the probation officers of the courts in which the proceedings occurred or were initiated shall likewise seal the records of the proceedings in their files. The provisions of this paragraph shall not apply if the defendant makes a written request to the commissioner not to seal the records of the proceedings.
In any criminal case wherein a nolle prosequi has been entered, or a dismissal has been entered by the court, except in cases in which an order of probation has been terminated, and it appears to the court that substantial justice would best be served, the court shall direct the clerk to seal the records of the proceedings in his files. The clerk shall forthwith notify the commissioner of probation and the probation officer of the courts in which the proceedings occurred or were initiated who shall likewise seal the records of the proceedings in their files.
Such sealed records shall not operate to disqualify a person in any examination, appointment or application for public employment in the service of the commonwealth or of any political subdivision thereof.
An application for employment used by an employer which seeks information concerning prior arrests or convictions of the applicant shall include in addition to the statement required under section one hundred A the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests or criminal court appearances.” The attorney general may enforce the provisions of this section by a suit in equity commenced in the superior court.
The commissioner, in response to inquiries by authorized persons other than any law enforcement agency or any court, shall in the case of a sealed record report that no record exists. After a finding or verdict of guilty on a subsequent offense such sealed record shall be made available to the probation officer and the same, with the exception of a not guilty, a no bill, or a no probable cause, shall be made available to the court.

M.G.L.A. 94C § 44 – Violations of Sec. 34; acquittal, dismissal or indictment nol prossed; sealing of records (top)

If any person is found not guilty of the violation of any provision of section thirty-four or if a complaint against him is dismissed or an indictment nol prossed for a violation of said section, the court shall order all official records relating to his arrest, indictment, conviction, continuance or discharge to be sealed; provided, however, that departmental records maintained by police and other law enforcement agencies which are not public records shall not be sealed.
No person as to whom such sealing has been ordered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise making a false statement by reason of his failure to recite or acknowledge such arrest, indictment, disposition, sealing or any other related court proceeding, in response to any inquiry made of him for any purpose.

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MASSACHUSETTS CRIMINAL DEFENSE ATTORNEYS

Have you been accused of crime in Massachusetts?

Do not wait to get a Massachusetts criminal defense attorneys if you have been charged with a crime in Massachusetts. Contact one of our Massachusetts criminal defense lawyers immediately. We will return your call within 8 hours, Monday through Friday. Our Massachusetts criminal defense attorneys are experienced in MA Criminal Defense.

If you wish to talk with one of our Massachusetts criminal defense attorneys, please call us at 888-437-7747, email us or contact us via our fast on line form.

The following is a list of the types of criminal cases we handle for our clients in Massachusetts:

Massachusetts Sex Crimes
Massachusetts State and Federal White Collar Crimes
Massachusetts Violent Major Crimes
MA Motor Vehicle Cases – DUI/DWI/OUI, Reckless Driving, Suspended License
Massachusetts State and Federal Drug Crimes
Sealing and Expunging records
Massachusetts Theft and Shoplifting Crimes
Massachusetts Assault and Battery
Massachusetts Domestic Violence

BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747

To obtain a general overview of criminal defense, please click here.

To learn more about the laws pertaining to criminal defense in Virginia or Maryland, please click on the state.

FELONIES IN THE STATE OF MASSACHUSETTS

• Felonies and misdemeanors
• Commission of a felony for hire; additional punishment
• Aiders; accessories before fact; punishment
• Counseling or procuring felony; prosecution as accessory before fact or principal; punishment; venue
• Accessories after fact; punishment; relationship as defense; cross-examination; impeachment
• Felon’s conviction or amenability to justice; venue
• Attempts to commit crimes; punishment
• Conspiracy; penalties

FAQ’s FOR MASSACHUSETTS CRIMINAL MATTERS

• I’ve been arrested – What happens next?
• Can Force Be Used To Arrest Me?
• What is a Search Warrant?
• What is Probable Cause?
• What If I Agree To The Search?
• What Is The “Plain View” Doctrine?
• Can The Officer Search Me After I’m Arrested?
• What Is Bail?
• What Happens At A Bail Hearing?
• What Are My Rights At An Arraignment? What Can I Expect?
• What Will Happen At A Preliminary Hearing?

If you wish to learn more about the Massachusetts Criminal Process, please proceed here…

M.G.L.A. 274 § 1- Felonies and misdemeanors (top)

A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.

M.G.L.A. 265 § 13G- Commission of a felony for hire; additional punishment (top)

Whoever, for the payment of consideration or for the promise of the payment of such consideration, commits a felony, shall be punished by imprisonment in the state prison for not more than five years. The punishment imposed by this section shall be in addition to the punishment provided by law for the commission of a felony so committed.

M.G.L.A. 274 § 2- Aiders; accessories before fact; punishment (top)

Whoever aids in the commission of a felony, or is accessory thereto before the fact by counseling, hiring or otherwise procuring such felony to be committed, shall be punished in the manner provided for the punishment of the principal felon.

M.G.L.A. 274 § 3- Counseling or procuring felony; prosecution as accessory before fact or principal; punishment; venue (top)

Whoever counsels, hires or otherwise procures a felony to be committed may be indicted and convicted as an accessory before the fact, either with the principal felon or after his conviction; or may be indicted and convicted of the substantive felony, whether the principal felon has or has not been convicted, or is or is not amenable to justice; and in the last mentioned case may be punished in the same manner as if convicted of being an accessory before the fact. An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, although the counseling, hiring or procuring the commission of such felony was committed within or without the commonwealth or on the high seas.

M.G.L.A. 274 § 4- Accessories after fact; punishment; relationship as defense; cross-examination; impeachment (top)

Whoever, after the commission of a felony, harbors, conceals, maintains or assists the principal felon or accessory before the fact, or gives such offender any other aid, knowing that he has committed a felony or has been accessory thereto before the fact, with intent that he shall avoid or escape detention, arrest, trial or punishment, shall be an accessory after the fact, and, except as otherwise provided, be punished by imprisonment in the state prison for not more than seven years or in jail for not more than two and one half years or by a fine of not more than one thousand dollars. The fact that the defendant is the husband or wife, or by consanguinity, affinity or adoption, the parent or grandparent, child or grandchild, brother or sister of the offender, shall be a defense to a prosecution under this section. If such a defendant testifies solely as to the existence of such relationship, he shall not be subject to cross examination on any other subject matter, nor shall his criminal record, if any, except for perjury or subornation of perjury, be admissible to impeach his credibility.

M.G.L.A. 274 § 5- Felon’s conviction or amenability to justice; venue (top)

An accessory to a felony after the fact may be indicted, convicted and punished, whether the principal felon has or has not been previously convicted, or is or is not amenable to justice, either in the county where he became an accessory or in the county where the principal felony was committed.

M.G.L.A. 274 § 6- Attempts to commit crimes; punishment (top)

Whoever attempts to commit a crime by doing any act toward its commission, but fails in its perpetration, or is intercepted or prevented in its perpetration, shall, except as otherwise provided, be punished as follows:
First, by imprisonment in the state prison for not more than ten years, if he attempts to commit a crime punishable with death.
Second, by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one half years, if he attempts to commit a crime, except any larceny under section thirty of chapter two hundred and sixty-six, punishable by imprisonment in the state prison for life or for five years or more.
Third, by imprisonment in a jail or house of correction for not more than one year or by a fine of not more than three hundred dollars, if he attempts to commit a crime, except any larceny under said section thirty, punishable by imprisonment in the state prison for less than five years or by imprisonment in a jail or house of correction or by a fine.
Fourth, by imprisonment in a jail or house of correction for not more than two and one half years or by a fine, or by both such fine and imprisonment, if he attempts to commit any larceny punishable under said section thirty.

M.G.L.A. 274 § 7- Conspiracy; penalties (top)

Any person who commits the crime of conspiracy shall be punished as follows:
First, if the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by death or imprisonment for life, by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than twenty years or in jail for not more than two and one half years, or by both such fine and imprisonment.
Second, if clause first does not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by imprisonment in the state prison for a maximum period exceeding ten years, by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than ten years or in jail for not more than two and one half years, or by both such fine and imprisonment.
Third, if clauses first and second do not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by imprisonment in the state prison for not more than ten years, by a fine of not more than five thousand dollars or by imprisonment in the state prison for not more than five years or in jail for not more than two and one half years, or by both such fine and imprisonment.
Fourth, if clauses first through third do not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a crime, by a fine of not more than two thousand dollars or by imprisonment in jail for not more than two and one half years, or both.
If a person is convicted of a crime of conspiracy for which crime the penalty is expressly set forth in any other section of the General Laws, the provisions of this section shall not apply to said crime and the penalty therefor shall be imposed pursuant to the provisions of such other section.

Massachusetts Criminal Justice – Know Your Rights!

Being Arrested in Massachusetts – A Guide Through The Massachusetts Criminal Justice System (top)

In Massachusetts, you can be arrested for breaking a criminal (non-civil case) law. If arrested, your case is taken before a magistrate or judge, who may issue a warrant if necessary (court order for arrest or search and seizure if you are not present) and set bond for appearance in court.

If you – known as the defendant – cannot post the stated bond, you may be incarcerated (put in jail or detention) pending your first scheduled appearance (arraignment) in court. If bond is posted, you’ll remain free until your appearance at the arraignment.

An arraignment in Massachusetts usually occurs within 24 to 48 hours of the arrest. If you’re arrested on a weekend or holiday – you’ll be arraigned the first date available. The arraignment is held before a judge of the courts.

During the arraignment, you (as defendant) are formally told what offense you’re being charged with, informed of your constitutional rights, and of the possible penalties involved with your particular criminal offense. At this time you will not be required to enter a plea of guilty or not guilty, your bond may be reviewed, and a date for the next hearing will be scheduled.

A Question Often Coming Up Is About The Use Of Force During A Criminal Arrest. In Massachusetts, How Much Force Is Considered Reasonable? (top)

The Massachusetts legal standard is that a police officer may use as much force as is necessary to arrest you. However, unreasonable force is considered assault. After arrest, a police officer may handcuff you if you attempt to escape, or the officer considers it necessary to prevent you from doing so.

If you claim that unreasonable or unjustified force was used to arrest you, a judge will decide whether or not the actions taken by the police during the course of the criminal arrest were reasonable under the circumstances. But you should be aware, in practice the courts almost always err on the side of the arresting officer.

Search Warrants and Probable Cause In Massachusetts (top)

A search warrant is an order issued by a judge or a magistrate authorizing police officers to conduct a search of a specific location, looking for specific evidence. Before a search warrant may be issued, there must be a showing of probable cause, along with an oath or affirmation that the search is necessary.

This is one of the basic legal guarantees enumerated the United States Constitution – Amendment IV in the Bill of Rights.

What Constitutes Probable Cause In Massachusetts? (top)

There’s no hard and fast rule precisely establishing what is and what isn’t probable cause. However, in Massachusetts a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A police officer’s mere hunch, with nothing more to substantiate it, will not satisfy the requirements.
Example: Officer Brown observes Sally and Dick walking down the street. Officer Brown has a hunch that Sally and Dick are up to no good. Armed with nothing more than that vague suspicion, Officer Brown goes to the local judge and attempts to get a warrant to search Sally’s and Dick’s homes. Should the warrant be granted?

No. A police officers hunch, with nothing to back it up, doesn’t satisfy the probable cause requirement. However, if Officer Brown observed Sally and Dick conducting a drug deal, then probable cause would likely exist to issue a warrant to search their homes.

There’s A Knock At The Door. It’s The Police. They Ask To Search Your Home Or Premises. Must You Comply In Massachusetts? (top)

No! Unless the officer has a valid search warrant, you are under no legal obligation to let the officer search your residence or premises under your control. In fact, it is always advisable that you politely but clearly inform the officer that without a valid search warrant, you do not agree to any search of the premises. This will help protect your rights if the search was improperly conducted – or if the Officer decides to conduct a search even without a warrant. (It happens!)

I Have “Nothing To Hide” – Why Shouldn’t I Allow The Search In Massachusetts? (top)

If you voluntarily consent to a search of your home, automobile, or person, the officer can then conduct a full search without a warrant. Anything the officer finds can later be used against you in court.

The important term to understand here is “anything.” You may not be aware that an item or object under Massachusetts criminal law is illegal. However, ignorance is no defense. With the sheer amount of laws on the books, the average person has little clue as to what may or may not be prohibited.

This is why – lacking a warrant – it is always advisable to withhold permission.

What Is The “Plain View” Doctrine In Massachusetts? (top)

If the Police Officer is in a place that he or she has a right to be, they do not need a warrant to seize contraband (illegal items) that are in plain view.

EXAMPLE: Officer Brown is standing in your doorway talking to you about the weather. While talking, Officer Brown notices a bag of cocaine and a sawed-off shotgun on your couch. Officer Brown can legally seize these items even without a search warrant because they are in plain view.

This is an area where “legal fuzziness” enters the picture. Let us suppose that instead of cocaine or a sawed off shotgun, you had some plastic baggies sitting on your table filled with oregano you’ve grown and dried yourself. Totally legal – except that for all intents and purposes it looks like dime bags of home grown marijuana. Is there then “plain view” probable cause for a search? Given the current climate of drug war hysteria, you may well be left holding the losing end of a legal argument.

Searches After An Arrest Is Made Are Basically Legal In Massachusetts (top)

Police officers do not need a warrant to conduct a search after making an arrest. After making a criminal arrest, the officer can legally search the person being arrested, as well as the area in the person’s immediate control. This includes the room or rooms you may have occupied at the time of your arrest, as well as any vehicle (your car or the owner’s car) you may be in at the time of the criminal arrest.

Getting Out On Bail In Massachusetts (top)

Bail is money or other property deposited with the court to make certain the person accused (the defendant) will return to court when he or she is required to do so. If the defendant returns to court as required, the bail will be returned at the end of the case, even if the defendant is ultimately convicted. However, if the defendant does not appear in court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned. It doesn’t matter if someone else posted your bail, such as a friend or family member. If you skip the court date, the state keeps the money or property.

What Happens At A Bail Hearing In Massachusetts? (top)

In most states, including Massachusetts, when a person is arrested for a violation of a criminal law, the accused is brought before a magistrate or judge. The magistrate or judge will conduct a pre-trial bail hearing. (This is separate from the official criminal arraignment, which will be held later on in the process.)

In Massachusetts, four possible results can happen at a bail hearing. Here are those results:

• Recognizance – This is the defendant’s written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit or security by property or professional bondsman is required. Basically you are freed on your own good word.
• Unsecured Bond – This release pending court appearance is based on the defendant’s written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if he or she does not appear on the date set.
• Secured Bond – This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may rule any type of security forfeited in the event the defendant does not appear in court when required.
• Ineligible for Bail – The defendant is denied a release pending court appearance. This is usually for very serious criminal offenses, or if the court believes there is a real and significant risk of flight by the defendant.

The bail decision may be appealed to a judge who will re-examine the evidence. A violation of any agreement of release pending your court appearance could result in the issuance of an Order to Show Cause why the release should not be revoked. A show cause hearing may also be issued by a judge for not appearing in court as agreed.

What Are My Rights At An Arraignment In Massachusetts? What Can I Expect In Massachusetts? (top)

You have the right to be arraigned without unnecessary delay after your arrest – usually within two court days.

In Massachusetts, at your first arraignment you’ll appear before a judge who will officially inform you of the criminal charges against you. At this arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on personal recognizance (being released without bail), even if bail was previously set.

If you are charged with a criminal misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead nolo contendere, meaning that you will not contest the charges. You technically do not plead guilty, but can be found so by the court.

Before pleading guilty to some first time criminal offenses in Massachusetts, such as drug possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling, which can result in dismissal of the charges once the course is completed.

In Massachusetts, if misdemeanor charges are not dropped, a trial will be held later on in a Massachusetts General District Court of law. If you are charged with a felony, and the charges are not dismissed, the next step is a preliminary hearing.

The Preliminary Hearing In Massachusetts (top)

Every person in Massachusetts charged by a criminal warrant is entitled to a preliminary hearing. This is an examination of the criminal charge or charges against the accused. The prosecutor must present evidence and witnesses that prove that it appears a criminal offense has been committed and that there is probable cause to believe the person accused committed it. The accused or their attorney may cross-examine witnesses and may present evidence they wish.

If the judge in Massachusetts makes a finding of probable cause after hearing the evidence, the criminal charge is sent to the grand jury. If the judge finds that a criminal offense apparently had not been committed, or that the defendant was not the likely person involved in the offense, the accused is released and the charge dismissed.

However, if the accused is released and the criminal charges dismissed after the preliminary hearing, the prosecutor in Massachusetts may still present evidence to a grand jury to see if they will find sufficient probable cause.

In lieu of the vast leeway and powers given a public prosecutor, it is all to easy to be indicted by a grand jury, even if the preponderance of evidence seems to be lacking.

As was once (in)famously quoted by a former New York judge: “A grand jury would indict a ham sandwich.”

That’s why competent, experienced legal counsel is an absolute must in any criminal proceeding. You only have a small window of opportunity to protect and enforce your rights. Once waived or lost, it’s a long uphill battle to regain them

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MASSACHUSETTS CRIMINAL DEFENSE ATTORNEYS

DEFEND CLIENTS CHARGED WITH RAPE & CHILD MOLESTATION IN MASSACHUSETTS

The Massachusetts criminal justice system takes a no holds barred approach towards those who are accused of a sex crime such as rape or child molestation in Massachusetts. In the eyes of the Massachusetts Court, the District Attorney and the Public, the most heinous of sex crimes is sex crimes against women and children. If you are accused of rape in Massachusetts or child molestation/abuse in Massachusetts, you must have a Massachusetts sex offense attorney who is not scared of the Court, district attorney or public opinion. You will find such an attorney at the Massachusetts Law Office of SRIS,P.C. Our sex offense attorneys will aggressively defend you against charges of rape in Massachusetts or child abuse/molestation in Massachusetts. Our sex offense attorneys in Massachusetts are not shy about saying they defend clients who are charged with rape or child abuse offenses in Massachusetts. The Massachusetts criminal defense attorneys of SRIS, P.C. have an office located in the City of Boston, Massachusetts . If you wish to consult a SRIS, P.C. Massachusetts sex crimes attorney who defends clients charged with rape in Massachusetts or child molestation in Massachusetts, please simply contact us via e-mail, phone, or by filling out our on-line form. A Massachusetts sex offense lawyer of SRIS, P.C. will consult with you regarding your matter and advise you as to how we can best help you.

BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747

To obtain a general overview of rape & child molestation defense, please click here.

To learn more about the laws pertaining to rape & child molestation defense in Virginia or Maryland, please click on the state.

Click on the type of charge you wish to learn more about:

• RAPE

• CHILD MOLESTATION

The following are some of the Rape Laws in the State of Massachusetts. Click on the Law that you would like to learn more about. (top)

• Rape, generally; weapons; punishment; eligibility for furlough, education, training or employment programs
• Rape of child; use of force; weapons; punishment
• Rape and abuse of child
• Assault with intent to commit rape; weapons; punishment; eligibility for furloughs, education, training or employment programs
• Venue
• Assault of child; intent to commit rape; weapons; punishment
• Victim’s name; confidentiality
• Construction of words used in indictment

MA Code Section 22. Rape, generally; weapons; punishment; eligibility for furlough, education, training or employment programs (top)

Section 22. (a) Whoever has sexual intercourse or unnatural sexual intercourse with a person, and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury and if either such sexual intercourse or unnatural sexual intercourse results in or is committed with acts resulting in serious bodily injury, or is committed by a joint enterprise, or is committed during the commission or attempted commission of an offense defined in section fifteen A, fifteen B, seventeen, nineteen or twenty-six of this chapter, section fourteen, fifteen, sixteen, seventeen or eighteen of chapter two hundred and sixty-six or section ten of chapter two hundred and sixty-nine shall be punished by imprisonment in the state prison for life or for any term of years.
No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.
(b) Whoever has sexual intercourse or unnatural sexual intercourse with a person and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for not more than twenty years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term or years.
Whoever commits any offense described in this section while being armed with a firearm, rifle, shotgun, machine-gun or assault weapon, shall be punished by imprisonment in the state prison for not less than ten years. Whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years.
No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.
For the purposes of prosecution, the offense described in subsection (b) shall be a lesser included offense to that described in subsection (a).

MA Code Section 22A. Rape of child; use of force; weapons; punishment (top)

Section 22A. Whoever has sexual intercourse or unnatural sexual intercourse with a child under sixteen, and compels said child to submit by force and against his will or compels said child to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for life or for any term of years; and whoever over the age of eighteen commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be sentenced to the state prison for life or for any term of years, but not less than ten years. Whoever over the age of 18 commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than 20 years.

MA Code Section 23. Rape and abuse of child (top)

Section 23. Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age shall, for the first offense, be punished by imprisonment in the state prison for life or for any term of years, or, except as otherwise provided, for any term in a jail or house of correction, and for the second or subsequent offense by imprisonment in the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.

MA Code Section 24. Assault with intent to commit rape; weapons; punishment; eligibility for furloughs, education, training or employment programs (top)

Section 24. Whoever assaults a person with intent to commit a rape shall be punished by imprisonment in the state prison for not more than twenty years or by imprisonment in a jail or house of correction for not more than two and one-half years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years. Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years. Whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 20 years.
No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.

MA Code Section 24A. Venue (top)

Section 24A. If, in connection with the alleged commission of a crime described in section thirteen B, thirteen F, thirteen H, twenty-two, twenty-two A, twenty-three, twenty-four or twenty-four B of this chapter or in section five of chapter two hundred and seventy-two, the person against whom said crime is alleged to have been committed has been conveyed from one county or judicial district into another, said crime may be alleged to have been committed, and may be prosecuted and punished, in the county or judicial district where committed or from which such person was so conveyed.

MA Code Section 24B. Assault of child; intent to commit rape; weapons; punishment (top)

Section 24B. Whoever assaults a child under sixteen with intent to commit a rape, as defined in section thirty-nine of chapter two hundred and seventy-seven, shall be punished by imprisonment in the state prison for life or for any term of years; and whoever over the age of eighteen commits a subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years but not less than five years.
Whoever commits any offense described in this section while being armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for life or for any term of years, but not less than ten years. Whoever over the age of 18 commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years.

MA Code Section 24C. Victim’s name; confidentiality (top)

Section 24C. That portion of the records of a court or any police department of the commonwealth or any of its political subdivisions, which contains the name of the victim in an arrest, investigation or complaint for rape or assault with intent to rape under section thirteen B, twenty-two, twenty-two A, twenty-three, twenty-four or twenty-four B, inclusive, of chapter two hundred and sixty-five, shall be withheld from public inspection, except with the consent of a justice of such court where the complaint or indictment is or would be prosecuted.
Said portion of such court record or police record shall not be deemed to be a public record under the provisions of section seven of chapter four.
Except as otherwise provided in this section, it shall be unlawful to publish, disseminate or otherwise disclose the name of any individual identified as an alleged victim of any of the offenses described in the first paragraph. A violation of this section shall be punishable by a fine of not less than two thousand five hundred dollars nor more than ten thousand dollars.

M.G.L.A. 277 § 39- Construction of words used in indictment (top)

Aggravated Rape.–Sexual intercourse or unnatural sexual intercourse by a person with another person who is compelled to submit by force and against his will or by threat of bodily injury; and either such sexual intercourse or unnatural sexual intercourse results in or is committed with acts resulting in serious bodily injury, or is committed by a joint enterprise, or is committed during the commission or attempted commission of an offense defined in section fifteen A, fifteen B, seventeen, nineteen or twenty-six of chapter two hundred and sixty-five, section fourteen, fifteen, sixteen, seventeen or eighteen of chapter two hundred and sixty-six, or section ten of chapter two hundred and sixty-nine.

CHILD MOLESTATION (top)

The following are some of the Child Molestation Laws in the State of Massachusetts.

• Indecent assault and battery on child under fourteen; penalties; subsequent offenses; eligibility for parole, etc.
• Rape of child; use of force; weapons; punishment
• Rape and abuse of child
• Assault of child; intent to commit rape; weapons; punishment
• Kidnapping; weapons; child under age 16; punishment
• Definition of “entice”; enticement of child under age 16; punishment
• Unnatural and lascivious acts with child under 16
• Posing or exhibiting child in state of nudity or sexual conduct; punishment
• Dissemination of visual material of child in state of nudity or sexual conduct; punishment
• Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment

CHILD MOLESTATION

M.G.L.A. 265 § 13B- Indecent assault and battery on child under fourteen; penalties; subsequent offenses; eligibility for parole, etc. (top)

Whoever commits an indecent assault and battery on a child under the age of fourteen shall be punished by imprisonment in the state prison for not more than ten years, or by imprisonment in a jail or house of correction for not more than two and one-half years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or any term of years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.
In a prosecution under this section, a child under the age of fourteen years shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.

M.G.L.A. 265§ 22A- Rape of child; use of force; weapons; punishment (top)

Whoever has sexual intercourse or unnatural sexual intercourse with a child under sixteen, and compels said child to submit by force and against his will or compels said child to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for life or for any term of years; and whoever over the age of eighteen commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be sentenced to the state prison for life or for any term of years, but not less than ten years. Whoever over the age of 18 commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than 20 years.

M.G.L.A. 265§ 23- Rape and abuse of child (top)

Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age shall, for the first offense, be punished by imprisonment in the state prison for life or for any term of years, or, except as otherwise provided, for any term in a jail or house of correction, and for the second or subsequent offense by imprisonment in the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.

M.G.L.A. 265§ 24B- Assault of child; intent to commit rape; weapons; punishment (top)

Whoever assaults a child under sixteen with intent to commit a rape, as defined in section thirty-nine of chapter two hundred and seventy-seven, shall be punished by imprisonment in the state prison for life or for any term of years; and whoever over the age of eighteen commits a subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years but not less than five years.
Whoever commits any offense described in this section while being armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for life or for any term of years, but not less than ten years. Whoever over the age of 18 commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years.

M.G.L.A. 265§ 26- Kidnapping; weapons; child under age 16; punishment (top)

Whoever, without lawful authority, forcibly or secretly confines or imprisons another person within this commonwealth against his will, or forcibly carries or sends such person out of this commonwealth, or forcibly seizes and confines or inveigles or kidnaps another person, with intent either to cause him to be secretly confined or imprisoned in this commonwealth against his will, or to cause him to be sent out of this commonwealth against his will or in any way held to service against his will, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two years. Whoever commits any offence described in this section with the intent to extort money or other valuable thing thereby shall be punished by imprisonment in the state prison for life or for any term of years.
Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than ten years or in the house of correction for not more than two and one-half years. The provisions of the preceding sentence shall not apply to the parent of a child under 18 years of age who takes custody of such child. Whoever commits such offense described in this section while being armed with a firearm, rifle, shotgun, machine gun or assault weapon with the intent to extort money or other valuable thing thereby shall be punished by imprisonment in the state prison for life or for any term of years but not less than 20 years.
Whoever commits any offense described in this section while armed with a dangerous weapon and inflicts serious bodily injury thereby upon another person or who sexually assaults such person shall be punished by imprisonment in the state prison for not less than 25 years. For purposes of this paragraph the term “serious bodily injury” shall mean bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ or substantial risk of death. For purposes of this paragraph, the term “sexual assault” shall mean the commission of any act set forth in sections 13B, 13F, 13H, 22, 22A, 23, 24 or 24B.
Whoever, without lawful authority, forcibly or secretly confines or imprisons a child under the age of 16 within the commonwealth against his will or forcibly carries or sends such person out of the commonwealth or forcibly seizes and confines or inveigles or kidnaps a child under the age of 16 with the intent either to cause him to be secretly confined or imprisoned in the commonwealth against his will or to cause him to be sent out of the commonwealth against his will or in any way held to service against his will, shall be punished by imprisonment in the state prison for not more than 15 years. The provisions of the preceding sentence shall not apply to the parent of a child under 16 years of age who takes custody of such child.

M.G.L.A. 265§ 26C- Definition of “entice”; enticement of child under age 16; punishment (top)

(a) As used in this section, the term “entice” shall mean to lure, induce, persuade, tempt, incite, solicit, coax or invite.
(b) Any one who entices a child under the age of 16, or someone he believes to be a child under the age of 16, to enter, exit or remain within any vehicle, dwelling, building, or other outdoor space with the intent that he or another person will violate section 13B, 13F, 13H, 22, 22A, 23, 24 or 24B of chapter 265, section 4A, 16, 28, 29, 29A, 29B, 29C, 35A, 53 or 53A of chapter 272, or any offense that has as an element the use or attempted use of force, shall be punished by imprisonment in the state prison for not more than 5 years, or in the house of correction for not more than 2 1/2 years, or by both imprisonment and a fine of not more than $5,000.

M.G.L.A. 272§ 35A- Unnatural and lascivious acts with child under 16 (top)

Whoever commits any unnatural and lascivious act with a child under the age of sixteen shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years, and whoever over the age of eighteen commits a second or subsequent such offence shall be sentenced to imprisonment in the state prison for a term of not less than five years.

M.G.L.A. 272 § 29A- Posing or exhibiting child in state of nudity or sexual conduct; punishment (top)

(a) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, and with lascivious intent, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to pose or be exhibited in a state of nudity, for the purpose of representation or reproduction in any visual material, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.
(b) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to participate or engage in any act that depicts, describes, or represents sexual conduct for the purpose of representation or reproduction in any visual material, or to engage in any live performance involving sexual conduct, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.
(c) In a prosecution under this section, a minor shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.
(d) For the purposes of this section, the determination whether the person in any visual material prohibited hereunder is under eighteen years of age may be made by the personal testimony of such person, by the testimony of a person who produced, processed, published, printed or manufactured such visual material that the child therein was known to him to be under eighteen years of age, or by expert medical testimony as to the age of the person based upon the person’s physical appearance, by inspection of the visual material, or by any other method authorized by any general or special law or by any applicable rule of evidence.

M.G.L.A. 272§ 29B- Dissemination of visual material of child in state of nudity or sexual conduct; punishment (top)

(a) Whoever, with lascivious intent, disseminates any visual material that contains a representation or reproduction of any posture or exhibition in a state of nudity involving the use of a child who is under eighteen years of age, knowing the contents of such visual material or having sufficient facts in his possession to have knowledge of the contents thereof, or has in his possession any such visual material knowing the contents or having sufficient facts in his possession to have knowledge of the contents thereof, with the intent to disseminate the same, shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment.
(b) Whoever with lascivious intent disseminates any visual material that contains a representation or reproduction of any act that depicts, describes, or represents sexual conduct participated or engaged in by a child who is under eighteen years of age, knowing the contents of such visual material or having sufficient facts in his possession to have knowledge of the contents thereof, or whoever has in his possession any such visual material knowing the contents or having sufficient facts in his possession to have knowledge of the contents thereof, with the intent to disseminate the same, shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment.
(c) For the purposes of this section, the determination whether the child in any visual material prohibited hereunder is under eighteen years of age may be made by the personal testimony of such child, by the testimony of a person who produced, processed, published, printed or manufactured such visual material that the child therein was known to him to be under eighteen years of age, by testimony of a person who observed the visual material, or by expert medical testimony as to the age of the child based upon the child’s physical appearance, by inspection of the visual material, or by any other method authorized by any general or special law or by any applicable rule of evidence.
(d) In a prosecution under this section, a minor shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.
(e) Pursuant to this section, proof that dissemination of any visual material that contains a representation or reproduction of sexual conduct or of any posture or exhibition in a state of nudity involving the use of a child who is under eighteen years of age was for a bona fide scientific, medical, or educational purpose for a bona fide school, museum, or library may be considered as evidence of a lack of lascivious intent.

M.G.L.A. 272§ 29C- Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment (top)

Whoever knowingly purchases or possesses a negative, slide, book, magazine, film, videotape, photograph or other similar visual reproduction, or depiction by computer, of any child whom the person knows or reasonably should know to be under the age of 18 years of age and such child is:
(i) actually or by simulation engaged in any act of sexual intercourse with any person or animal;
(ii) actually or by simulation engaged in any act of sexual contact involving the sex organs of the child and the mouth, anus or sex organs of the child and the sex organs of another person or animal;
(iii) actually or by simulation engaged in any act of masturbation;
(iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal;
(v) actually or by simulation engaged in any act of excretion or urination within a sexual context;
(vi) actually or by simulation portrayed or depicted as bound, fettered, or subject to adistic, masochistic, or sadomasochistic abuse in any sexual context; or
(vii) depicted or portrayed in any pose, posture or setting involving a lewd exhibition of the unclothed genitals, pubic area, buttocks or, if such person is female, a fully or partially developed breast of the child; with knowledge of the nature or content thereof shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than $1,000 nor more than $10,000, or by both such fine and imprisonment for the first offense, not less than five years in a state prison or by a fine of not less than $5,000 nor more than $20,000, or by both such fine and imprisonment for the second offense, not less than 10 years in a state prison or by a fine of not less than $10,000 nor more than $30,000, or by both such fine and imprisonment for the third and subsequent offenses.
A prosecution commenced under this section shall not be continued without a finding nor placed on file.
The provisions of this section shall not apply to a law enforcement officer, licensed physician, licensed psychologist, attorney or officer of the court who is in possession of such materials in the lawful performance of his official duty. Nor shall the provisions of this section apply to an employee of a bona fide enterprise, the purpose of which enterprise is to filter or otherwise restrict access to such materials, who possesses examples of computer depictions of such material for the purposes of furthering the legitimate goals of such enterprise.

Our attorneys who defend rape in Massachusetts and child molestation/abuse in Massachusetts charges and staff in Boston, Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

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MASSACHUSETTS CRIMINAL DEFENSE ATTORNEYS

DEFENDING CLIENTS CHARGED WITH ROBBERY IN MASSACHUSETTS

Robbery, whether committed while armed or unarmed is treated very seriously in Massachusetts. Robbery is one of the few offenses in Massachusetts that can result in being punished with a life sentence. If you have been charged with robbery in Massachusetts, you must at least consult a Massachusetts robbery lawyer to determine how you can be defended against such a serious offense. The Massachusetts criminal defense attorneys of SRIS, P.C. have an office in the city of Boston, Massachusetts. If you wish to consult a SRIS, P.C. Massachusetts robbery defense attorney who can defend you against such a serious charge, please simply contact us via phone, or by filling out our on-line form.

BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747

ROBBERY OFFENSES IN THE STATE OF MASSACHUSETTS

• Entry of dwelling place; persons present within; weapons; punishment
• Armed robbery; punishment
• Robbery by unarmed person; punishment; victim sixty or older; minimum sentence for repeat offenders
• Stealing by confining or putting in fear

MA Code Section 18C. Entry of dwelling place; persons present within; weapons; punishment (top)

Section 18C. Whoever knowingly enters the dwelling place of another knowing or having reason to know that one or more persons are present within or knowingly enters the dwelling place of another and remains in such dwelling place knowing or having reason to know that one or more persons are present within while armed with a dangerous weapon, uses force or threatens the imminent use of force upon any person within such dwelling place whether or not injury occurs, or intentionally causes any injury to any person within such dwelling place shall be punished by imprisonment in the state prison for life or for any term of not less than twenty years.

MA Code Section 17. Armed robbery; punishment (top)

Section 17. Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years; provided, however, that any person who commits any offense described herein while masked or disguised or while having his features artificially distorted shall, for the first offense be sentenced to imprisonment for not less than five years and for any subsequent offense for not less than ten years. Whoever commits any offense described herein while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years. Any person who commits a subsequent offense while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than 15 years.

MA Code Section 19. Robbery by unarmed person; punishment; victim sixty or older; minimum sentence for repeat offenders (top)

Section 19. (a) Whoever, not being armed with a dangerous weapon, by force and violence, or by assault and putting in fear, robs, steals or takes from the person of a person sixty years or older, or from his immediate control, money or other property which may be the subject of larceny, shall be punished by imprisonment in the state prison for life or for any term of years.
Whoever, after having been convicted of said crime, commits a second or subsequent such crime, shall be punished by imprisonment for not less than two years. Said sentence shall not be reduced until two years of said sentence have been served nor shall the person convicted be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served two years of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relative to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection.
(b) Whoever, not being armed with a dangerous weapon, by force and violence, or by assault and putting in fear, robs, steals or takes from the person of another, or from his immediate control, money or other property which may be the subject of larceny, shall be punished by imprisonment in the state prison for life or for any term of years.

MA Code Section 21. Stealing by confining or putting in fear (top)

Section 21. Whoever, with intent to commit larceny or any felony, confines, maims, injures or wounds, or attempts or threatens to kill, confine, maim, injure or wound, or puts any person in fear, for the purpose of stealing from a building, bank, safe, vault or other depository of money, bonds or other valuables, or by intimidation, force or threats compels or attempts to compel any person to disclose or surrender the means of opening any building, bank, safe, vault or other depository of money, bonds, or other valuables, shall whether he succeeds or fails in the perpetration of such larceny or felony, be punished by imprisonment in the state prison for life or for any term of years.

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The Attorneys of SRIS, P.C., Represent Clients in State and Federal Courts

Licensed in Virginia, Maryland, D.C., Pennsylvania & Massachusetts

Let Our “one-stop law firm” Start Taking Care of You!

The SRIS, P.C. Massachusetts, Maryland & Virginia attorneys provide legal services to clients in a broad range of practice areas. However, each of our attorneys focuses primarily in one area of the law. This enables the Massachusetts, Maryland & Virginia attorneys of SRIS, P.C., to ensure that no matter what their legal needs, our clients are always represented by an extremely knowledgeable attorney in Virginia, Maryland or Massachusetts.

We have offices in Virginia, Maryland & Massachusetts to better serve you.

• Our offices in Virginia are located in Fairfax, Manassas, Richmond, Lynchburg & Virginia Beach.
• Our offices in Maryland are located in Rockville & Annapolis.
• Our office in Massachusetts is in Boston.

Our attorneys and staff in Virginia, Maryland & Massachusetts, speak a variety of languages, including: English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu. Contact SRIS, P.C., today to set up an appointment regarding any of the following practice areas:

Divorce law and family law:

Our divorce law attorneys in Virginia, Maryland & Massachusetts have extensive experience representing clients in divorce cases, focusing on the issues listed below and all other divorce issues.

• Child custody
• Contested divorce
• Child support and spousal maintenance (Alimony)
• Custody and visitation
• Grandparent and third-party visitation
• Legal separation

Criminal defense law:

Our criminal defense lawyers and sex crime lawyers in Virginia, Maryland & Massachusetts have solid experience defending the rights of clients suspected of criminal law activity as well as those arrested and formally charged with crimes. We also have experience handling arraignments, preliminary hearings, suppression motions, jury trials and post-trial proceedings in Virginia, Maryland and the Massachusetts.

• Assault and battery law
• Criminal disorderly conduct
• Criminal drug
• Criminal gambling
• Criminal trespass
• Criminal larceny

Traffic violation defense law:

The traffic law lawyers at the SRIS, P.C. offices in Virginia, Maryland & Massachusetts, help clients with a variety of cases, including but not limited to the charges listed below. For more information, see our page on traffic laws:

• DUI Laws & Penalties
• Reckless Driving laws and penalties
• Driving on suspended license, revoked license or no operator’s license laws and penalties
• Aggressive driving, improper driving, speeding and traffic laws and penalties
• Traffic tickets

Sex offense law:

Covers the areas of rape, aggravated sexual battery, child molestation, internet child pornography, sexual battery, indecent liberties, inanimate and animate sexual object penetration among others. Please click here to see the law on some of the different types of sex offenses.

Business immigration law:

SRIS, P.C., lawyers in Virginia & Maryland provide immigration law representation for both employers and future or current employees. Our clientele ranges from large corporations to family-owned businesses and their employees

Individual immigration law:

SRIS, P.C., immigration law lawyers provide legal assistance to those seeking immigration through a family relationship, including those who marry or wish to marry a U.S. citizen or permanent resident. We can prepare and file documents as well as provide representation in deportation and removal proceedings.

Civil litigation law:

At SRIS, P.C., our experienced civil litigation attorneys represent individuals and companies. We are accomplished trial lawyers, and we conduct litigation as efficiently as possible so that our clients do not have to spend any more resources on a lawsuit than is absolutely necessary.

Chapter 7 bankruptcy law:

The main goal under any filing in bankruptcy is to give one who is burdened with debt a fresh start. A Chapter 7 Bankruptcy is the most common form of bankruptcy filing, accounting for over 65% of all consumer bankruptcy filings.

A filing under Chapter 7 bankruptcy is often called liquidation or a straight bankruptcy. Liquidation converts one’s assets to money. This process involves the appointment of a trustee, who collects all non-exempt property, sells the assets and then distributes the proceeds from the sale to the appropriate creditors. However, unlike Chapter 13 Bankruptcy filings, a debtor does not make payments to the trustee.

Chapter 11 bankruptcy law:

Although not exclusively limited to businesses, Chapter 11 bankruptcy is generally most suitable for businesses that are attempting to restructure financial obligations. Unlike Chapter 7 bankruptcy, where the goal is to sell all of the assets and eliminate outstanding debt obligations, Chapter 11 bankruptcy is appropriate when the business wants to reorganize its debts in a manner that will allow it to continue operating.

After filing a petition for Chapter 11 bankruptcy, the debtor usually continues to operate the business. Although much of the business property may be subject to liens, creditors cannot repossess the property. Additionally, business owners can continue to sell property that remains unencumbered. For more information about Chapter 11 bankruptcy, speak with an experienced bankruptcy attorney today.

Chapter 13 bankruptcy law:

A Chapter 13 Bankruptcy allows the debtor to keep all of their property. However, an interest-free plan for repayment must be developed and approved by the court. The debtor begins to make payments within thirty to forty-five days after the case has begun. Unlike Chapter 7 Bankruptcy, the payments are made to the trustee who will then pay the appropriate creditors. Chapter 13 bankruptcy prevents creditors from collecting from the debtor. The creditors are required by law to strictly follow the terms of the repayment plan.

Expungement law:

Expungement of a record means that a criminal record is wiped from the slate. As a result, expungement makes the crime as if it never occurred. By successfully getting an expungement, each law enforcement agency will destroy their records of the crime. Although some people confuse the two, expungement differs from getting a record sealed. By getting a record sealed, the file will remain intact but can only be released to other law enforcement agencies, so employers and other people cannot get access to the record but is not completely erased like with an expungement.

For more information about our services, or to make an appointment with a SRIS, P.C. lawyer, please give us a call or contact our lawyers online today.

Our attorneys and staff in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

Please click on attorneys to learn more about our lawyers who will assist you with your legal matters in Virginia, Maryland or Massachusetts.

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MASSACHUSETTS PROSTITUTION DEFENSE ATTORNEYS

DEFEND CLIENTS CHARGED WITH PROSTITUTION, SOLICITATION OR PANDERING IN MASSACHUSETTS

The Massachusetts criminal defense attorneys defend clients who are charged with solicitation, prostitution, pandering, keeping a house of ill fame, etc. Our Massachusetts criminal defense attorneys know and understand that many times people may engage in act that they would not normally engage in. Our Massachusetts criminal defense attorneys also realize that if you have been charged with some form of solicitation in Massachusetts or prostitution in Massachusetts and you are convicted you may loose a lot more than your pride. Many of our clients are people who have excellent jobs, families and reputations they have to protect. Our Massachusetts criminal attorneys realize that pleading guilty is not an option to many of our client who been charged with prostitution in Massachusetts or solicitation offenses in Massachusetts. We will defend you and we will use every defense we can put forth on your behalf. In the process of defending you, we will make sure that you are treated with dignity and respect. We will also do our very best to keep you informed about your case and make sure that we try to return any calls to us within eight hours, Monday through Friday. The Massachusetts criminal attorneys of SRIS, P.C. have an office in the city of Boston, Massachusetts. If you wish to consult a SRIS, P.C. attorney to defend you against a charge solicitation in Massachusetts or prostitution in Massachusetts, please simply contact us via e-mail, phone, or by filling out our on-line form. A criminal defense lawyer of SRIS, P.C. will gladly consult with you regarding your matter.

BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747

To obtain a general overview of solicitation or prostitution defense, please click here.

To learn more about the laws pertaining to solicitation or prostitution defense in Virginia or Maryland, please click on the state.

The following are some of the solicitation and prostitution laws for the State of Massachusetts. Click on any one of the topics to learn more about them.

PROSTITUTION AND SOLICITATION LAWS IN THE STATE OF MASSACHUSETTS

• Enticing away person for prostitution or sexual intercourse
• Drugging persons for sexual intercourse
• Inducing person under eighteen to have sexual intercourse
• Inducing minor into prostitution
• Living off or sharing earnings of minor prostitute
• Owner of place inducing or suffering person to resort in such place for sexual intercourse
• Support from, or sharing, earnings of prostitute
• Soliciting for prostitute
• Oath and warrant to enter place for prostitution; detention of person in control and prostitute; recognizance to appear as witness
• Arrest without warrant
• Corroboration of one witness; limitations
• Procuring person to practice, or enter a place for, prostitution; employment office procuring person
• Detaining, or drugging to detain, person in place for prostitution
• Keeping house of ill fame
• Resorting to restaurants or taverns for immoral purposes
• Third conviction of being a common nightwalker

MA Code Section 2. Enticing away person for prostitution or sexual intercourse (top)

Section 2. Whoever fraudulently and deceitfully entices or takes away a person from the house of his parent or guardian or elsewhere, for the purpose of prostitution or for the purpose of unlawful sexual intercourse, and whoever aids and assists in such abduction for such purpose, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment in jail.

MA Code Section 3. Drugging persons for sexual intercourse (top)

Section 3. Whoever applies, administers to or causes to be taken by a person any drug, matter or thing with intent to stupefy or overpower such person so as to thereby enable any person to have sexual intercourse or unnatural sexual intercourse with such person shall be punished by imprisonment in the state prison for life or for any term of years not less than ten years.

MA Code Section 4. Inducing person under eighteen to have sexual intercourse (top)

Section 4. Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment.

MA Code Section 4A. Inducing minor into prostitution (top)

Section 4A. Whoever induces a minor to become a prostitute, or who knowingly aids and assists in such inducement, shall be punished by imprisonment in the state prison for not more than five, nor less than three years, and by a fine of five thousand dollars. The sentence of imprisonment imposed under this section shall not be reduced to less than three years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served three years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.

MA Code Section 4B. Living off or sharing earnings of minor prostitute (top)

Section 4B. Whoever lives or derives support or maintenance, in whole or in part, from the earnings or proceeds of prostitution committed by a minor, knowing the same to be earnings or proceeds of prostitution, or shares in such earnings, proceeds or monies, shall be punished by imprisonment in the state prison for not less than five years and by a fine of five thousand dollars. The sentence imposed under this section shall not be reduced to less than five years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served five years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.

MA Code Section 6. Owner of place inducing or suffering person to resort in such place for sexual intercourse (top)

Section 6. Whoever, being the owner of a place or having or assisting in the management or control thereof induces or knowingly suffers a person to resort to or be in or upon such place, for the purpose of unlawfully having sexual intercourse for money or other financial gain, shall be punished by imprisonment in the state prison for a period of five years and a five thousand dollar fine.
The sentence of imprisonment imposed under this section shall not be reduced to less than two years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served two years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.

MA Code Section 7. Support from, or sharing, earnings of prostitute (top)

Section 7. Whoever, knowing a person to be a prostitute, shall live or derive support or maintenance, in whole or in part, from the earnings or proceeds of his prostitution, from moneys loaned, advanced to or charged against him by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or shall share in such earnings, proceeds or moneys, shall be punished by imprisonment in the state prison for a period of five years and by a fine of five thousand dollars.
The sentence of imprisonment imposed under this section shall not be reduced to less than two years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served two years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.

MA Code Section 8. Soliciting for prostitute (top)

Section 8. Whoever shall solicit or receive compensation for soliciting for a prostitute shall be punished by imprisonment in the house of correction for not more than one year or by a fine of not more than five hundred dollars, or both.

MA Code Section 9. Oath and warrant to enter place for prostitution; detention of person in control and prostitute; recognizance to appear as witness (top)

Section 9. If a person makes oath before a district court that he has probable cause to suspect that a house, building, room or place is kept or resorted to for prostitution and that a certain person owning or having or assisting in the management or control of such house, building, room or place knowingly suffers another person to be in or upon such place for the purpose of unlawfully having sexual intercourse, said court shall, if satisfied that there is probable cause thereof, issue a warrant commanding the sheriff or his deputy, or any constable or police officer, to enter such house, building, room or place and search for such owner or person in control, and take into custody both the owner or person in control and such other person as may be in or upon such place for such purpose. Said owner or person in control shall be detained for not more than twenty-four hours until complaint may be made against him, and any such other person for a reasonable time until brought before said court to be recognized with or without sureties at the discretion of said court to appear as witnesses before the next or any succeeding sitting of said court. This section shall be in addition to and not in derogation of the common law.

MA Code Section 10. Arrest without warrant (top)

Section 10. Nothing in the preceding section shall prevent the arrest and detention without a warrant of any person who, the officer serving said process may have reasonable cause to believe, is violating any provision of this chapter, or is keeping a house, room or place resorted to for prostitution or lewdness, and said officer may upon such search arrest without a warrant any such person, and detain him until complaint may be made against him.

MA Code Section 11. Corroboration of one witness; limitations (top)

Section 11. A person shall not be convicted under sections 2, 4 and 6 upon the evidence of one witness only, unless his testimony is corroborated in a material particular, and prosecution for a violation of any of said sections shall not be commenced more than one year after the commission of the crime.

MA Code Section 12. Procuring person to practice, or enter a place for, prostitution; employment office procuring person (top)

Section 12. Whoever knowingly procures, entices, sends, or aids or abets in procuring, enticing or sending, a person to practice prostitution, or to enter as an inmate or a servant a house of ill fame or other place resorted to for prostitution, whether within or without the commonwealth, shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment for not less than three months nor more than two years. Whoever as a proprietor or keeper of an employment agency, either personally or through an agent or employee, procures or sends a person to enter as aforesaid a house of ill fame or other place resorted to for prostitution, the character of which on reasonable inquiry could have been ascertained by him, shall be punished by a fine of not less than fifty nor more than two hundred dollars.

MA Code Section 13. Detaining, or drugging to detain, person in place for prostitution (top)

Section 13. Whoever, for any length of time, unlawfully detains or attempts to detain, or aids or abets in unlawfully detaining or attempting to detain, or provides or administers or aids or abets in providing or administering any drug or liquor for the purpose of detaining a person in a house of ill fame or other place where prostitution is practiced or allowed, shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not less than one nor more than two and one half years or by a fine of not less than one hundred nor more than five hundred dollars.

MA Code Section 24. Keeping house of ill fame (top)

Section 24. Whoever keeps a house of ill fame which is resorted to for prostitution or lewdness shall be punished by imprisonment for not more than two years.

MA Code Section 26. Resorting to restaurants or taverns for immoral purposes (top)

Section 26. Whoever, for the purpose of immoral solicitation or immoral bargaining, shall resort to any café, restaurant, tavern, as defined in section one of chapter one hundred and thirty-eight, or other place where food or drink is sold or served to be consumed upon the premises, and whoever shall resort to any such place for the purpose of, in any manner, inducing another person to engage in immoral conduct, and whoever, being in or about any such place, shall engage in any such acts, and any person owning, managing or controlling such place and any employee of such person who induces or knowingly suffers any person to resort to, or be in such place for the purpose of immoral solicitation or immoral bargaining, shall be punished by a fine of not less than twenty-five nor more than five hundred dollars or by imprisonment for not more than one year, or both.

MA Code Section 62. Third conviction of being a common nightwalker (top)

Section 62. If a complaint charges a person with being a common nightwalker, and it is proved at the trial that such person has been twice before convicted of the same offense, such person may be sentenced to the house of correction for not more than two and one half years or if a male, to the Massachusetts reformatory, or if a female, to the reformatory for women.

Our attorneys who defend clients charged with solicitation or prostitution and staff in Boston, Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

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MASSACHUSETTS TELEPHONE THREAT LAWYER & CURSE & ABUSE DEFENSE ATTORNEYS

DEFEND CLIENTS CHARGED WITH TELEPHONE THREAT & CURSE & ABUSE DEFENSE IN MASSACHUSETTS

In Massachusetts, threatening a person or the use of profane language via public airways including telephones, radios, CBs can result in criminal charges. The Massachusetts law offices of SRIS, P.C. have a number of excellent Massachusetts telephone threat defense attorneys & Massachusetts curse and abuse defense lawyers in its office in Boston,Massachusetts. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747

To obtain a general overview of telephone threat, curse & abuse defense, please click here.

To learn more about the laws pertaining to telephone threat, curse & abuse defense in Virginia or Maryland, please click on the state.

TELEPHONE LAWS IN THE STATE OF MASSACHUSETTS

MA Code § 14A. ANNOYING TELEPHONE CALLS

Whoever telephones another person, or causes any person to be telephoned, repeatedly, for the sole purpose of harassing, annoying or molesting such person or his family, whether or not conversation ensues, or whoever telephones a person repeatedly, and uses indecent or obscene language to such person, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than three months, or both.

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