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If you have been accused of a crime, or are under investigation for a crime, do not wait any longer to contact our office. The prosecution is already gathering evidence and building a case against you. You need to act just as quickly to build a defense for your case. Attorney Robert W. Nolan offers experienced, excellent and proven representation to clients who have been charged with, or are under investigation for any criminal offense, including the following:

There are four elements to armed robbery in Massachusetts.

1. The defendant was armed with a dangerous weapon.
2. The defendant put the victim in fear and/or caused them harm by force.
3. The defendant took the victim’s property with the intent to steal it.
4. The defendant actually took control of the victim’s property.

The prosecution must prove each of these elements beyond a reasonable doubt. In order to defend a charge of armed robbery, the defendant needs to cast doubt on one or more of these elements. One of the possible defenses to an armed robbery charge is to raise an identification issue. The prosecution’s case is dependent on the victim or witnesses ability to identify the defendant as the one who committed the crime. If the defendant can cast doubt on their ability to do so, he or she may be able to gain an acquittal.

The defendant may also be able to have identification suppressed prior to trial if there was an overly suggestive line up, or any violation of procedures that have been set up to ensure fairness in the identification process.

If you are facing an armed robbery charge you need an effective criminal defense attorney who keeps your best interest in mind. Contact our office to schedule an appointment to discuss your case.

An assault charge in the Massachusetts generally constitutes a threat of violence, not the actual contact. Battery refers to the actual physical contact of another person, with or without their consent. Actual physical harm does not have to occur in order for an assault and battery charge to be filed. As long as the alleged threat is followed by some type of physical action, such as attempting to push someone, it is enough for an arrest or complaint to be made. Massachusetts General Law, Chapter 265 Section 13A states that a person who is found guilty of assault and battery shall be punished by imprisonment for not more than two and a half years in a house of correction or by a fine of not more than $1,000.00.

More serious versions of Assault and Battery Charges include:

• Aggravated Assault and Battery
• Assault and Battery Upon a Child
• Assault and Battery with a Deadly Weapon
• Assault with Intent to Commit a Felon
• Assault with Intent to Commit Rape
• Assault with Intent to Kill
• Assault with Intent to Rob or Murder
• Domestic Assault and Battery
• Vehicular Assault
• Indecent Assault and Battery

Assault and Battery charges can be filed as a either a misdemeanor or a felony offense. A felony offense carries more severe punishment then a misdemeanor. Regardless of the type of charge, assault and battery is a very serious charge in Massachusetts and not one you should try to resolve on your own. Contact the Law Office of Attorney Robert W. Nolan to discuss the specific charges that you are facing to determine the potential risks and defenses.

An assault charge in the Massachusetts generally constitutes a threat of violence, not the actual contact. Battery refers to the actual physical contact of another person, with or without their consent. Actual physical harm does not have to occur in order for an assault and battery charge to be filed. As long as the alleged threat is followed by some type of physical action, such as attempting to push someone, it is enough for an arrest or complaint to be made. Massachusetts General Law, Chapter 265 Section 13A states that a person who is found guilty of assault and battery shall be punished by imprisonment for not more than two and a half years in a house of correction or by a fine of not more than $1,000.00.

More serious versions of Assault and Battery Charges include:

• Aggravated Assault and Battery
• Assault and Battery Upon a Child
• Assault and Battery with a Deadly Weapon
• Assault with Intent to Commit a Felon
• Assault with Intent to Commit Rape
• Assault with Intent to Kill
• Assault with Intent to Rob or Murder
• Domestic Assault and Battery
• Vehicular Assault
• Indecent Assault and Battery

Assault and Battery charges can be filed as a either a misdemeanor or a felony offense. A felony offense carries more severe punishment then a misdemeanor. Regardless of the type of charge, assault and battery is a very serious charge in Massachusetts and not one you should try to resolve on your own. Contact the Law Office of Attorney Robert W. Nolan to discuss the specific charges that you are facing to determine the potential risks and defenses.

Criminal conspiracy involves two or more individuals agreeing to commit an illegal act together. Criminal conspiracy is a punishable crime in Massachusetts with the potential for severe consequences. In order to prove conspiracy in Massachusetts the prosecution most show:

• The defendant joined in an agreement or plan that involved himself/herself and at least one other individual.
• The purpose of the agreement was to do something illegal or criminal.
• The defendant agreed to the plan and intended to carry out the unlawful act.

A conspiracy charge can be an additional charge to the subsequent offense committed as part of the conspiracy. Even of the defendant is acquitted of the subsequent offense, he/she can still be found guilty of the conspiracy charge. In Massachusetts convictions are easier to obtain because the prosecution can use circumstantial evidence to prove a conspiracy charge.

The severity of punishment for conspiracy is dependent upon the offense that the defendant allegedly conspired to commit. These sentences can include jail time, fines or both and are in addition to the charge for the subsequent offense. It is important that you contact an attorney whose main practice is criminal defense. A defense attorney is experienced in knowing how the laws apply to the subsequent offense and the charge of conspiracy. It is important that you speak with an attorney who will protect your interest whether you are being investigated, have been arrested or are being arraigned, do not speak with anyone regarding your case until you have discussed the matter with an attorney. If faced with a conspiracy charge it is important to seek legal representation as soon as possible.

Drug charges in Massachusetts are a common and serious offense. If you are facing drug charges it is important to insure that you are represented by an experienced Massachusetts drug defense attorney. A conviction for possession and/or distribution of drugs may disqualify you for certain Federal Student Loans, ability to qualify for certain jobs and suspension of your driver’s license. Dependent upon the expertise of your attorney, there are many ways in which a drug charge can be defended.

The Law Office of Attorney Robert Nolan handles all types of drug cases including, but not limited to the following:

Conspiracy to sell or distribute drugs
Counterfeit Substances
Drug possession
Drug possession with intent to distribute
Drug trafficking
Federal Drug Crimes
Inducing or abetting a minor to sell or distribute controlled substances
Knowingly being present where heroin is kept
Possession of Drug Paraphernalia with Intent to Sell or Distribute Drugs
School zone drug violations

Class A Drugs – Heroin, GHB, Morphine, and Special K
Class B Drugs – Cocaine, Ecstasy, Amphetamines, LSD, PCP, Methamphetamines and prescription drugs such as Oxycodone, Percocet and Percodan.
Class C Drugs – Prescription tranquilizers and narcotics such as Clonazepam, Valium and Vicodin.
Class D Drugs – Marijuana
Class E Drugs – Codeine, Morphine and Opium.

If you are facing any type of drug charge, or are being investigated for a drug crime it is important to seek legal counsel prior to speaking with the police or the prosecution. Contact our office to schedule a confidential consultation.

Domestic violence usually involves physical and/or emotional violence between husband/wife, domestic partners, boyfriend/girlfriend, ex-spouses, ex-partners, people who have children together, or family members). The main source of law governing domestic violence is Massachusetts General Laws Chapter 209A – Abuse Prevention.

In Massachusetts, domestic abuse allegations result in a mandatory arrest. Domestic violence charges cannot be dismissed simply by the alleged victim recanting their statement or deciding not to press charges, the decision to dismiss the charge is not up to the victim, it is up to the prosecution. In some cases the prosecution can force a victim to testify against their will. A conviction for domestic violence can lead to financial penalties, jail time, losing temporary child custody or visitation rights, jeopardize immigration status and have a number of personal and professional consequences. It is important not to underestimate the seriousness of a domestic violence charge or violation of abuse prevention order charge. Seek qualified legal counsel early on to avoid any errors that may harm your case in the long run.

All too often juvenile crimes are not taken seriously and are brushed off as kids simply being kids. Although there is a separate Juvenile Court in Massachusetts, juveniles are still held accountable for the same laws as adults. Being found guilty of a crime as a juvenile can have lifelong consequences starting with suspension/expulsion from school, effecting the ability for student grants/loans and the ability to secure a job in certain fields later on in life. Following are some of the more common charges that juveniles face:

Assault
Disorderly conduct
Disturbing the peace
Drug charges
DUI/OUI
Juvenile sex crimes
Larceny
Malicious destruction of property
Minor transporting liquor
Shoplifting
Social Media charges
Threatening to commit a crime
Trespassing
Underage drinking

It is important to take any juvenile charge seriously and to seek legal advice regarding their case as soon as possible. Contact our office to schedule an appointment to discuss your child’s case.

Chapter 265, section 26 of the General Laws of Massachusetts describe kidnapping as a person who “without lawful authority, forcibly carries 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.”

The penalties for kidnapping is a fine of up to $1,000 and imprisonment in state jail of up to two years. These penalties increase if the kidnapper used a gun, caused injury or sexually assaulted the victim, or if the kidnapping was used for extortion. Kidnapping in itself is a serious charge and it is important that you seek legal counsel as soon as possible if you or someone you know is suspected of kidnapping.

There is a wide variety of larceny and theft crimes, including but not limited to:

Shoplifting
Petty larceny (under $250)
Grand larceny over $250)
Larceny by false pretense
Larceny by check
Larceny by scheme
Bank Robbery
Burglary
Being a common and notorious thief
Conversion
Larceny by check
Uttering
Forgery
Embezzlement
Credit Card Fraud
Insurance Fraud
Mail Fraud
Health Care Fraud
Receiving stolen property
Auto theft / larceny of motor vehicle
Identity Theft Crimes
White Collar Crimes
Obtaining property by false pretense
Home Invasion

Depending upon the particular charge and the facts of your case, you could be facing fines, restitution, probation, community service or prison, not to mention the impact these charges will have on your future employment endeavors if you are found guilty. If you are under investigation or have been charged with any theft or larceny charge it is important that you speak with a qualified defense attorney before speaking with the police or prosecution.

Attending a Magistrate Hearing with legal representation is not required, however it can be the difference between the matter being resolved at the hearing or a complaint being filed. Once a complaint issues against you it will appear on your criminal record and be a part of any future background check. If the complaint does not issue, then there is no public record of it.

The standard for showing probable cause at a magistrate hearing is much lower than proving guilt, the clerk magistrate only has to believe that you might have committed the crime to issue the complaint. A defense attorney understands how the clerk magistrate and police officers view certain cases, will know if there is a legal aspect that can prevent the complaint from issuing and can lobby for you to reduce or dismiss the charges pending against you.

Homicide charges include:

Murder in the first degree
Murder in the second degree
Voluntary manslaughter
Involuntary manslaughter
Self-Defense
Motor Vehicle Homicide

These are very serious charges and laws regarding these charges are complex. Attorney Nolan is not only experienced in representing homicide cases, he understands all aspects involved in the investigation and prosecution as he has investigated homicide cases as a detective and has been involved in cases as a prosecutor for the police.

Motor vehicle charges range from simple misdemeanors to serious felonies. As such the consequences, if found guilty range from driver’s license suspension to prison time. If you are facing any type of criminal motor vehicle charge, or have even just received a citation, contact our office to discuss your matter and the best way in which to handle it. Attorney Nolan is well versed in charges involving a motor vehicle, including but not limited to the following:

Driving Under the Influence OUI / DUI
Negligent operation
Hit and Run
Motor Vehicular Homicide
Vehicular Manslaughter
Reckless Driving
Operating to Endanger
Driving with a Revoked or Suspended License
Operating an Uninsured Motor Vehicle
Motor Vehicle Theft

Every case is different and all aspects of the case need to be looked in order to insure that you are being treated fairly and within the law. Contact Attorney Nolan to review your case and discuss the defense options that may be available to you.

In Massachusetts, the legal limit of alcohol is 0.08 for an adult and 0.02 for anyone under the age of 21. A Breathalyzer test measures the amount of alcohol in your lung and prints out a BAC number. If you agree to a Breathalyzer test, two will be administered and if the results are within .02 of each other the test is considered valid. If you refuse a Breathalyzer test your license is automatically suspended for 120 days for a first offense. Regardless of whether or not you have taking a Breathalyzer test, or a field sobriety test, being charged with OUI/DUI is not a matter that you should attempt to handle yourself. The consequences of being charged with OUI/DUI are life altering, expensive and can include prison time.

The penalties for a guilty finding of OUI are:

First offense – A fine of $500 – $5,000, license suspension for up to one year, jail time up to 2 ½ years, an increase in insurance rates, probation, and/or inpatient admission to an alcohol treatment program.

Second offense – Jail time of 30 days to 2 ½ years, a fine of $600 $1.000, license suspension for up to two years, an interlock device installed on your car to reinstate your license, probation and/or inpatient treatment in an alcohol treatment program.

Third Offense – Jail time of up to five years, license suspension for eight years and fines of up to $15,000.

Fourth Offense – Jail time of up to five years, license suspension for ten years, fines of up to $25,000.

Fifth Offense – Jail time of up to five years, permanent license revocation and fines of up to $50,000.

There are defenses to an OUI/DUI charge, as a former police officer and detective, Attorney Nolan is familiar with the tactics and language in reporting an arresting officer will use to describe their belief that you were driving under the influence. Even if you have taking a Breathalyzer test there are ways to fight OUI/DUI charge in court. There are regulations that the police must comply with prior to administering the test. Your license is essential to you and you should not take an OUI/DUI charge lightly. Whether you were pulled over, behind the wheel of a parked vehicle with the engine running, or involved in an accident contact our office to schedule an appointment with Attorney Nolan whose trial skills are unsurpassed when it comes to defending OUI/DUI cases.

If you were placed on probation and failed to meet any of the conditions set forth in your probation you may be charged with Probation Violation and scheduled to attend an initial surrender hearing. At this hearing your probation officer will summarize the alleged default and the Judge will determine whether or not there is probable cause to believe that you violated a term of your probation. If so, you will be scheduled for a final surrender hearing. If the judge finds you to be a danger, or your probation officer requests, you may be held until the next hearing. A well versed attorney can argue for bail or against you being held.

A temporary restraining order (RO) can issue against you without you being present. The individual taking out the RO only needs to sign an affidavit stating that they believe that they are in danger of bodily harm from you. This will place a 10 day restraining order against you and a hearing will be scheduled to determine whether or not a permanent RO is necessary. If you live with the person who filed the RO, you will receive notice to vacate the premises and you will be required to avoid all contact with that person, including any third party contact. If you violate the RO you could be charged with a crime, held in custody without bail, or required to post bail.

It is very common for a RO to be taking out after a domestic dispute. A domestic violence charge is a serious charge that can remain on your record and jeopardize your future. If you have a restraining order filed against you, seek counsel as soon as possible to insure the best outcome for your situation.

Being accused of a sex crime is a very serious matter with sever repercussions. A conviction may lead to a lengthy prison sentence and mandatory registration with the Massachusetts Sex Offender Registration Board where your rating, profile and picture are public information.

There are many charges that fall under this category, including but not limited to:

Indecent Assault and Battery
Indecent Exposure
Possession and/or distribution of child pornography
Rape
Sexual assault
Solicitation of a minor
Statutory Rape
Violation of Sex Offender Registration

Regardless of the charge(s) that you are facing, you need an experienced attorney who is prepared to defend you and your rights.

Attending a Magistrate Hearing with legal representation is not required, however it can be the difference between the matter being resolved at the hearing or a complaint being filed. Once a complaint issues against you it will appear on your criminal record and be a part of any future background check. If the complaint does not issue, then there is no public record of it.

The standard for showing probable cause at a magistrate hearing is much lower than proving guilt, the clerk magistrate only has to believe that you might have committed the crime to issue the complaint. A defense attorney understands how the clerk magistrate and police officers view certain cases, will know if there is a legal aspect that can prevent the complaint from issuing and can lobby for you to reduce or dismiss the charges pending against you.

It is important and in your best interest to deal with any outstanding warrants as soon as possible. It is always better to turn yourself in then to wait until you are arrested. Even a minor traffic stop will turn into an arrest if you have outstanding warrants. If you have question or are in need of assistance please contact out office to discuss your particular case.

Massachusetts has very strict gun and weapons possession laws and mandatory charges if you are convicted of carrying a firearm without an FID card. If you lawfully own a gun and have an FID card, you can still be charged for improper storage if your gun falls into the hands of a family member, carrying a loaded firearm while under the influence of drugs or alcohol, etc. You can also be charged with unlawful possession of a weapon for carrying a number of different items such as a switch blade, a knife with a double-edged blade, brass knuckles, nunchaku, etc.

You may also find yourself in a situation where the renewal of your FID card is denied, or revoked. Whatever your situation is a criminal charge or a problem with your FID card, contact our law office to discuss your particular case.