Category: Criminal Defense

Understanding the Juvenile Justice System in Massachusetts: Navigating Procedures, Outcomes, and the Crucial Role of Legal Representation

In the realm of criminal defense law, it is crucial to delve into the intricacies of the juvenile justice system, especially for concerned parents and guardians in Massachusetts. Navigating this complex system can be overwhelming, with various procedures, potential outcomes, and a paramount need for effective legal representation. As Massachusetts criminal defense lawyers, we shed light on the juvenile justice landscape, offering insights that can guide you through the challenges that may arise when a

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The Consequence of OUI in Massachusetts

Drunk driving, or operating under the influence (OUI), is a serious crime in Massachusetts. The state has strict laws in place to deter individuals from driving while impaired, and the penalties for OUI are severe. Understanding the charges and consequences of OUI is essential for anyone who may face such charges in the state. In Massachusetts, OUI is defined as operating a vehicle while under the influence of alcohol or drugs, or with a blood

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Can Police Officer Demand Identification From Passengers in Motor Vehicle Traffic Violation?

A police officer in Massachusetts can demand identification from passengers in a car that has been pulled over for a traffic violation. According to Massachusetts law, a police officer may request identification from anyone in the vehicle if they have reasonable suspicion to believe that person is involved in criminal activity. The driver of the vehicle is required to provide their name, address, and license to the officer upon request, but passengers are not required

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Immunity for Testimony: An Extension of the Fifth Amendment

It is a common technique by law enforcement and prosecutors to offer someone accused of a crime immunity in exchange for their cooperation. This cooperation is usually defined as testifying in court as to the details of a crime in which they were involved. The goal of this technique is to exchange the conviction of someone involved in relatively minor wrongdoing for the conviction of someone involved in more serious crime, or to bring down

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The Massachusetts Criminal Arraignment Process

It’s easy for attorneys to take for granted the knowledge they have regarding a criminal arraignment. After all, they may find themselves in court several times a week, so the process is second nature to them. Unless you have been involved in a criminal legal process, the things that go on during a hearing can be shrouded in mystery. Let’s examine the process and review what one can expect during an arraignment. The Probation Department

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What is the difference between civil fraud and criminal fraud?

Fraud is defined as wrongful or criminal deception intended to result in financial or personal gain. The primary difference between criminal fraud and civil fraud lies in who is pursuing legal action in the case. A person accused of committing an act of fraud by the government is subject to criminal fraud and, if found guilty, may be subject to probation, jail time, and/or restitution. Individuals who feel they have been the victim of fraud

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The Massachusetts Criminal Arraignment Process

It’s easy for attorneys to take for granted the knowledge they have regarding a criminal arraignment. After all, they may find themselves in court several times a week, so the process is second nature to them. Unless you have been involved in a criminal legal process, the things that go on during a hearing can be shrouded in mystery. Let’s examine the process and review what one can expect during an arraignment. The Probation Department

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Criminal Law Defense Strategies

When accused of a crime, many clients want to know what strategies are available to them for defending their case. Because criminal courts require that a judge or jury determine guilt beyond a reasonable doubt, it is up to the defense attorney to use a strategy that creates such doubt in a client’s criminal case. While there are many strategies defense attorneys use to help clients receive an acquittal, the four most commonly discussed include

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Differences Between a Criminal Case and a Civil Case

Wrongdoing is addressed under two different types of cases: criminal and civil. Civil cases generally involve disputes between individuals. These cases are disputed through civil lawsuits. Criminal cases, on the other hand, are considered offenses against the state, or society as a whole. The state is responsible for prosecuting criminal cases. While there may be some overlap between civil and criminal cases, an important distinction between them are the legal standards of proof. In every

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COVID and Traffic Stops: What to know; what’s the difference?

Routine Traffic Stops? No Such Thing Most of us who drive will at some point be pulled over by police for a traffic stop. It is so common that many people know what to do from a young age, perhaps listening to a pulled-over parent walk through the steps from the backseat or in a more formal lecture from mom or dad, auntie or grandpa. In driver’s ed, traffic stops are a covered topic, maybe

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Know Your Legal Rights When Protesting

Before heading out into the streets, it’s a good idea to have a firm grasp of your legal rights. The First Amendment to the United States Constitution is a part of the United States Bill of Rights that protects freedom of speech, freedom of religion, freedom of assembly, freedom of the press, and right to petition. This means you have a legal and constitutional right to express your view through protest. Where to Engage in

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Sealing a juvenile criminal record in Massachusetts

People make mistakes—particularly young people. While a certain amount of risk-taking and boundary-testing is normal, even beneficial, teenage behavior, juveniles can be held responsible for their actions in a court of law if teenage hijinks turn criminal. However, the Commonwealth of Massachusetts recognizes both that young people make mistakes and that young people can reform themselves. When certain conditions are met, it is possible to seal a juvenile criminal record. Under Mass. Gen. Laws ch.

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Massachusetts RMV Scandal and License Suspension

Imagine this: one day you open your mail to discover your license has been suspended for a violation that occurred months, maybe even years, ago. How did this happen? And what can you do? A scandal has engulfed the Massachusetts Registry of Motor Vehicles this summer, one which promises not to end any time soon. While the scandal suggests a long-term investigation to turn over every rock, hundreds and hundreds of Massachusetts drivers have already

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Does it really matter if I skip jury duty?

Yes—yes it does. Skipping jury duty is an easy way to land yourself in completely unnecessary trouble. Massachusetts makes it rather difficult to miss or skip your service date. There are many chances to make right on your having skipped jury duty, but they are all time-consuming and potentially nerve-wracking. After missing jury service, you will receive a “Failure to Appear” postcard. By phone or by mail, you can respond to this. If you have

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How does Massachusetts distinguish between assault and battery?

The Commonwealth of Massachusetts actually has no statute against ‘battery’ on the books. Rather, there is one crime labeled as “assault” and another as “assault and battery.” According to Massachusetts law, assault does not require physical contact between the offender and the victim. To qualify as assault, an action must be either an attempt to use physical force against another person or the action reasonably suggests the intention to use force against another. If, during

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OUI Self Representation -Things to consider

Many people who receive a driving under the influence (DUI) or operating under the influence (OUI) charge, as it is known in Massachusetts, assume that the offense is relatively simple and thus believe they should represent themselves when the case comes to court. Each individual is entitled to do so. However, below are several facts to consider before making a decision. Certain attorneys specialize in drunk driving defense. They understand the intricacies of the law

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Technical problems could overturn recent drunk driving convictions in Massachusetts

As of April 2015 the Massachusetts Attorney General has acknowledged that technical problems involving faulty breathalyser machines could overturn many recent drunk driving convictions in Massachusetts. If you have been convicted of OUI and the use of a breathalyser machine was used against you at trial, you may be able to overturn your conviction and/or get a new trail. Call us for a phone case evaluation.

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Drug Possession Laws in Massachusetts

In spite of the changes made by the Commonwealth of Massachusetts in minimizing some mandatory sentencing requirements, being arrested for possession of drugs in the Massachusetts carries harsh sentences, fines and a potential loss of driving privileges. Under Massachusetts law, except for possession of amounts of less than one ounce of marijuana, possession of drugs may result in the following penalties and jail time:

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