Practice Areas and Legal Definitions

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

Burglary and Robbery:
Burglary is defined as the unlawful entering of a building with intent to commit a felony or to steal valuable property.  Robbery is also a specific intent crime, requiring both theft and a form of violence or threat of violence used to deprive someone of their property.  A common example of a robbery is a convenience store holdup, wherein a robber threatens to shoot a cashier unless the cashier hands over money.

Forgery:
Forgery is defined as a false signature, written document or material alteration made with intent to defraud. Documents that can be the object of forgery include contracts, identification cards, and legal certificates.

Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

DUI/Driving Under the Influence:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DUI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply. Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.

Driving with a Suspended License:
Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI/DWI).

Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

If you or someone you know needs the skilled representation of an experienced Quincy Criminal Defense lawyer, call Joseph Keegan of Keegan and Flanagan, L.L.P., today at 866-927-0629, or complete the contact form provided on this site to schedule a free consultation. Keegan & Flanagan, L.L.P., serves all of Massachusetts, including Quincy, Boston, the South Shore, Nantucket and Martha's Vineyard, Suffolk, Norfolk, Middlesex, Essex, Plymouth, Barnstable, Dukes, Bristol, and Worcester Counties.  We are available for appointments on the weekends and evenings by prior arrangement.

If you or someone you know needs the skilled representation of an experienced Quincy Criminal Defense lawyer, call Joseph Keegan of Keegan and Flanagan, L.L.P., today at 866-927-0629, or complete the contact form provided on this site to schedule a free consultation. Keegan & Flanagan, L.L.P., serves all of Massachusetts, including Quincy, Boston, the South Shore, Nantucket and Martha's Vineyard, Suffolk, Norfolk, Middlesex, Essex, Plymouth, Barnstable, Dukes, Bristol, and Worcester Counties.  We are available for appointments on the weekends and evenings by prior arrangement.

ADDRESS OF THE FIRM:
Keegan and Flanagan, L.L.P
1495 Hancock St
Quincy, MA 02169-5229
Phone: 866-927-0629
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

• Attorney Joseph Keegan

Practice areas: Criminal Law, Family Law
Law School: New England School of Law
Undergraduate: Curry College
Born: Quincy, 1971
Military: US Army 1989-1991 Desert Shield/Desert Storm Massachusetts National Guard 1991-1997 U.S. Army Reserves 1999-2001 JAG Unit
Biography: Former MBTA Policeman; Former Quincy Policeman, Member of New England School of Law Journal on Criminal Confinement
Member: Norfolk County Bar Association; Massachusetts Bar Association; The Association of Trial Lawyers of America

Joe Keegan was born in Quincy, Massachusetts in 1971. He graduated from North Quincy High School in 1989 and immediately joined the United States Army. While on active duty and stationed in Ft. Benning GA with the 24 Inf. Div. he was one of the first soldiers deployed to the Kingdom of Saudi Arabia to defend against the advances of Saddam Hussein. He served as an Infantryman in Operation Desert Shield and Operation Desert Storm. During this time he advanced with XVIII Airborne Corps to the Euphrates River Valley on the doorstep of Baghdad before the advance was halted and the troops were withdrawn with a cease fire having been signed. After leaving active duty he earned a Bachelor of Arts Degree from Curry College. He earned a Juris Doctorate degree (law degree) from the New England School of Law and passed the Massachusetts Bar Exam and gained acceptance to the Massachusetts Bar.

Joe attended the Boston Police Academy in 1994 and worked as a police officer for more than 10 years. During this time he participated in numerous operations and arrests and became very familiar with police procedure and criminal procedure as applied by the police. These lessons have become invaluable to him as a Criminal Defense Attorney because he knows what the police should have done during the arrest and any subsequent investigation. His experience as a police officer investigating and helping prosecute cases has given him a perspective that few attorneys could possibly hope to have and this perspective has made him the attorney that he is today. Joe has received numerous awards throughout his different careers, but none are as satisfying as when a jury awards a “Not Guilty” to a client. In one capacity or another Joe has fought for people his entire life. Whether it was in the sands of the Middle East, the residents that needed police assistance, or clients who are facing criminal sanctions, let him be there to fight for you.

• Attorney Dave Flanagan
• Attorney Stephanie Sprague