Hiring the right family lawyer will help you get through this emotional and challenging time.

It may not be often that you wonder, “How do I hire a family lawyer?”  But when you are in a situation that requires legal assistance, it will behoove you to know what to look for in a family law firm.

Not only do you need to find a family lawyer who has some experience under their belt, but you want to make sure you are confident in their abilities and you are comfortable working with them.  Having a good client-lawyer relationship should be part of the selection process.

Lawyers.com provides a nice listing of what you should be looking for in a family lawyer.  If you need to hire a family lawyer, read this article to help make the decision easier.

Family Law: Selecting a Good Lawyer

Choosing the right lawyer to help you in your divorce is hard work. But it’s important and worth taking the time to do it right.

First, ask yourself what it is you’re trying to accomplish. Do you just need an uncontested divorce? Is mediation a possibility? Or has your relationship with your spouse deteriorated to the point that what you really need is simply a warrior to go forth and do bloody (and frightfully expensive) battle on your behalf in an adversarial divorce?

Are your affairs fairly simple, so that most any lawyer with basic understanding and good people skills can help you, or do you have complex property holdings and support goals, so that you need a lawyer with sophisticated tax and financial awareness to help you design a plan that yields the most after-tax dollars? Knowing the kind of legal services you’re going to need will help you shop for those services more effectively.

Narrow Your Search

Once you have a list of prospective lawyers, use the following guidelines to do some initial screening and narrow your list down to three or four prospective candidates:

• Look at biographical information, including whatever you can find on Web sites for the lawyers and their law firms. Do they appear to have expertise in the area of family law that you need? Do they have any information on their Web sites that is helpful to you?
• Use search engines to surf the Internet. Do searches under the name of the lawyer and his or her law firm. Can you find any articles, FAQ’s or other informational pieces that the lawyer has done that that give you a level of comfort?
• Ask other people if they have heard of the attorneys and what they think about them.
• Contact your state bar association or visit their Web site to find out if the lawyer is in good standing.
• Check out the yellow pages of your telephone directory. Does the lawyer advertise? If so, do you find it compelling? Helpful? Tasteful?
• Check out the online archives of your local newspaper. Has there been any publicity about the lawyer or the cases that he or she has handled?
• Consider any special needs you have. For example, could you benefit from an attorney who speaks a language other than English?
• Your analysis of each prospective lawyer begins with the first phone call. Many lawyers with predominantly courtroom practices are hard to reach on the telephone, so you may be spending a good bit of time with the person who answers the phone. Does the person answering seem pleasant? Well informed about the issues you are facing? Able to deliver results?
• Are you able to schedule an appointment with the lawyer easily? If the lawyer can’t see you to talk about new business, it may be even harder to get his or her attention to talk about your case once it’s been underway for a while.

You shouldn’t necessarily cross a lawyer off your list just because he or she didn’t have the time to meet with you on short notice. Good lawyers are busy so they may not be able to spend as much time as they would like with prospective clients.

Quality to Look For

You should also anticipate that whomever you hire may have to delegate a lot of responsibility to his or her staff. In turn, an important consideration should be to assess the way the lawyer’s staff treats you since they are a reflection of how the lawyer practices. At a minimum, you should expect to be treated courteously and professionally both by the staff and by the lawyer.

• You will probably want to hire a lawyer with at least a few years of experience.
• Look to see if a lawyer is affiliated with associations that cater to your needs. Contact your State Bar to see what associations may be active in your state.
• Unless there are special circumstances, you will want to hire a lawyer with a local office. Family actions can take place in another state, and you will need an attorney licensed in that state, and close to the court where your action will take place.
• Before you hire a lawyer, ask for references. You want to talk to people who could comment on the lawyer’s skills and trustworthiness.

Questions to Ask

• Ask about conflicts of interest. Does the lawyer represent any opposing or interested parties?
• Ask for a copy of a firm brochure and promotional materials. Crosscheck these materials against other sources and references.
• Ask to be provided with a copy of the lawyer’s retainer agreement and have it explained to you before decide on retaining the lawyer or the lawyer’s law firm. You may end up paying a lot of money to the lawyer who you retain so make sure you understand what you are signing up for.
• Ask about professional rules which attorneys must operate under usually prohibit contingent fee agreements in domestic matters like divorce and seeking support orders.

Use your common sense and gut instincts to evaluate the remaining lawyers on your list. You’ll want to be comfortable with the lawyer you hire. You want to choose the best lawyer who you think will do the best job for you. Start making some telephone calls.

Again, being comfortable with your family lawyer is so important because you will probably need to disclose personal and financial information with them.  Spare yourself from unnecessary frustration and discomfort by hiring a family lawyer you can trust to handle your case with respect, grace and expertise.

Our family law firm in Worcester, Massachusetts has helped hundreds of people navigate the family court system and find peace of mind in the outcome of their case.  Contact the family lawyers at Revelli & Revelli to request a free consultation.  We want to understand your situation so we can help you through this difficult time; give us a call to see how we can be of assistance.

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Drug possession is a serious offense in Massachusetts.

Aside from “simple” possession – possession of small quantities – a Massachusetts drug offense can leave you with a criminal record and serious penalties.  If you or someone you know are facing a drug possession charge in Massachusetts, it’s always a smart idea to speak with a drug defense attorney.

The snippet of information below, originally posted on FindLaw.com, touches upon the various drug possession defense strategies that an attorney may employ to defend your case.  Read further to better understand the common drug possession defenses that can be applied to your case in Massachusetts.

Drug Possession Defenses

If you are charged with possession of drugs, either for personal use or with intent to sell, a criminal defense attorney can determine which defenses might apply to your case should you plead not guilty. Different states approach the problem of illicit drugs in different ways, while the federal government tends to have the toughest drug sentencing guidelines. But drug possession defenses are fairly universal across state lines. Some defenses challenge the stated facts, testimony or evidence in the case; others target procedural errors, often search and seizure violations; and some defendants challenge drug possession charges on the basis of an affirmative defense, such as the right to use medical marijuana in some states.

Here are some defenses to drug possession charges, some more common than others:

Unlawful Search and Seizure

The Fourth Amendment to the U.S. Constitution guarantees the right to due process of law, including lawful search and seizure procedures prior to an arrest. Search and seizure issues are quite common in drug possession cases. Illicit drugs found in “plain view,” such as a car’s dashboard after a legal traffic stop, may be seized and used as evidence. But drugs found in the trunk of a car after prying it open with a crowbar, assuming the suspect did not give permission, cannot be entered into evidence. If the defendant’s Fourth Amendment rights were violated, then the drugs cannot be used at trial and the charges typically are dismissed.

Drugs Belong to Someone Else

A common defense to any crime charge is to simply say you didn’t do it. The drug possession equivalent is to claim the drugs aren’t yours or that you had no idea they were in your apartment, for example. A skilled defense attorney will pressure prosecutors to prove that the joint found in the car actually belonged to his or her client and not one of the other three passengers.

Crime Lab Analysis

Just because it looks like cocaine or LSD doesn’t mean it necessarily is. The prosecution must prove that a seized substance is indeed the illicit drug it claims it is by sending the evidence to a crime lab for analysis. The crime lab analyst then must testify at trial in order for the prosecution to make its case.

Missing Drugs

A skilled attorney will make sure prosecutors are able to produce the actual drugs for which their client is being charged. Similar to the need for crime lab analysis, prosecutors who lose or otherwise lack the actual drugs risk having their case dismissed. Seized drugs often get transferred several times before ending up in the evidence locker, so it should never be assumed that the evidence still exists during trial.

Drugs were Planted

This may be difficult to prove, since a police officer’s sworn testimony carries a lot of weight in the courtroom. Furthermore, other officers may be reluctant to blow the whistle on a fellow officer. But your attorney can file a motion that, if approved by the judge, requires the department to release the complaint file of the given officer. This file contains the names and contact of information of those who made the complaints, who can then be interviewed by your attorney or a private investigator.

Entrapment

While law enforcement officials are free to set up sting operations, entrapment occurs when officers or informants induce a suspect to commit a crime he or she otherwise may not have committed. If an informant pressures a suspect into passing drugs to a third party, for example, then this may be considered entrapment. As a rule of thumb, entrapment occurs where the state provides the drugs in question.

Medical Marijuana Exception

The medical use of marijuana is never a defense in federal court but may be in states where medical marijuana has been legalized. States with such exceptions to marijuana laws typically require a doctor’s signed recommendation. But some of those states also provide for an affirmative defense by those arrested on marijuana possession charges who are able to show clear and convincing evidence of medical necessity.

You can read more information from FindLaw.com on drug possession laws here.

While drug possession laws vary according to drug type, you should consult with a drug defense lawyer who will be dedicated to winning your case.  The drug possession defense employed will depend on the facts of your particular case.  Talking with a qualified drug defense lawyer who deeply understands the Massachusetts drug possession laws and charges is your first step to freedom.

Contact the criminal defense lawyers at Revelli & Revelli in Worcester, Massachusetts if you or someone you know is facing a drug possession charge.  We have several years of experience in drug defense and have won over 100 cases in the Massachusetts court system.  Call us to schedule your free consultation.

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An attorney can help you resolve a business dispute before litigation is necessary.

To protect yourself in a serious business litigation lawsuit, your litigation lawyer should be the first person you call. Your litigation lawyer will be able to investigate the allegations against your company, file an insurance claim, formulate a strong defense, and plan to fight for a fair settlement.

SuperPages.com has a general overview of what business litigation is and how it works.

What is Business Litigation?

Sometimes business disputes arise, and when they can’t be resolved through negotiation or arbitration proceedings, business litigation can be used as a way to remedy the situation. Whether it’s a private individual or a business entity that has a legal issue with another business entity, we will look at what is business litigation.

Many people are concerned about their finances and investments now, so anyone who suspects that his investment broker has not acted ethically may bring business litigation against brokers who do not act in the best interest of the clients. If an investor suffers excessive financial loss as a result of unethical behavior by a broker, the investor can pursue business litigation. In the same vein as unethical broker behavior, which usually involves a broker pushing inappropriate investments on clients or failing to fully disclose investment information, is investor fraud, which involves deception.

Another common instance that can result in an individual bringing business litigation against a business is in a dispute over intellectual property. Any infringement on a patent, trademark or copyright is grounds for business litigation.

Breach of fiduciary duty can cause a strain between business partners or shareholders in closely held corporations. If one member violates his obligation to operate in good faith and loyalty then other partners can recover with business litigation.

If commercial insurance companies undervalue or deny a fair claim then businesses, particularly small businesses, can recover the amount they are entitled to with business litigation. Insurance companies can sometimes attempt to avoid fully paying a legitimate claim, or even avoid paying it at all, by using confusing or deceptive wording in the contract. There are countless other areas in which a business may have a need for business litigation to resolve a dispute against another business.

When business disputes occur between a business and an individual or between two business entities, resolution without resorting to business litigation will always be preferable for everyone involved. In cases where that just isn’t possible, a good business litigation attorney can be invaluable in protecting your rights and your company’s business interests.

A business litigation attorney can help you resolve your dispute with a co-worker, employee or client. By meeting with the other party’s attorney, your attorney can work on a settlement before the case is sent to court.  Litigation also refers to filing and carrying out a lawsuit, which can help in avoiding litigation if an agreement can be reached outside of court.

Contact the business / commercial litigation lawyers at Revelli & Revelli in Worcester, MA to schedule your free consultation. We have helped several business resolve disputes in a cost-effective manner. Whether or not the case goes into court, there is a considerable volume of work involved with business litigation disputes. Call us so we can help you navigate the litigation process with success.

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When making decisions in a Massachusetts child custody case, the child's best interests play a major role.

Decisions made by the parents involve questions such as:

• Will parents share joint custody?
• Will one parent have sole custody and another visitation rights?
• How will visitation schedules/transportation be arranged?
• Will visitation be supervised?
• Is there a chance one parent will not have visitation rights?

While the parents have a lot of decisions to make when it comes to how the child custody and visitation rights will be carried out, the decisions made by the judge handling the child custody case in Massachusetts are governed by the best interests of the child.

The following information from DivorceNet.com covers the Massachusetts law surrounding child custody and visitation based on the child’s best interests.

Child Custody in Massachusetts: The Best Interests of the Child

The Best Interests Standard

A judge making a custody determination in a Massachusetts divorce case will be guided by the best interests of the children involved. This means that custody decisions are based only on the needs of the children and neither parent begins with any greater right to custody than the other. Massachusetts law does not list specific factors to be considered in determining a child’s best interests, allowing judges a great deal of discretion in making decisions. The law does provide, however, that the children’s welfare and happiness are the main concerns, and that a court must take into account any adverse effects a child’s present or past living conditions may have had on the child’s physical, mental, moral, or emotional health.

Custody and Visitation Options

Legal custody refers to a parent’s authority to participate in major decisions regarding a child’s education, health care, and emotional, moral, or religious development. Physical custody refers to the time that a child is residing with or is under the care and supervision of a parent. Joint physical custody does not necessarily require an equal division of time between parents, so any parenting schedule that works for the family could be considered appropriate and be approved by the judge.

A Massachusetts court will order temporary joint legal custody at the beginning of a divorce case unless the facts demonstrate that this would not be in a child’s best interests. Some facts that would support a temporary award of sole legal custody rather than joint legal custody would be one parent’s abandonment of the child or abuse of alcohol or drugs, or the inability of the parents to cooperate with each other in matters affecting the child.

With the exception of the initial temporary award of shared legal custody, there is no presumption in favor of joint legal or physical custody. There is however, a presumption against awarding sole or joint legal or physical custody to an abusive parent. A parent is considered to be abusive if the parent has repeatedly caused, attempted to cause, or made serious threats of causing, bodily injury to either the child or the other parent. A single instance of such behavior is sufficient if the actual or threatened injury is serious or if there has been a sexual assault.

When a judge finds that a parent has been abusive, an order of visitation will include whatever provisions are necessary to ensure the safety of the child or of the other parent.  A court may require that an abusive parent’s visitation be supervised or may impose conditions for the parent prior to visitation, such as entering mental health counseling or a drug treatment, violence prevention, or parenting skills program.

Parenting Plans

If parents are able to agree upon permanent custody arrangements, they can make their own parenting plan. A court will generally adopt such a plan unless it is contrary to a child’s best interests. If either parent seeks permanent joint legal or physical custody and the other parent objects, each parent must submit a parenting plan to the court. The proposed plans must include a residential or visitation schedule, including a holiday and vacation schedule or a method for implementing such a schedule; provisions indicating how the parents will make decisions regarding the child’s education and health care; and provisions describing how parents plan to resolve any future disputes. The court may accept or modify a plan submitted by one parent or by both parents jointly, or may reject the submitted plans and order a different parenting arrangement.

There will be several questions that arise during the divorce stages, and beyond, pertaining to child custody.  While there are general child custody laws that need to be in place for every state, the judge’s decisions will largely depend on the specific circumstances of each child custody case.

It’s difficult to understand every in and out of Massachusetts family court proceedings, especially when it involves child custody issues.  If you have questions about how your child custody case will affect child support, contact the family law attorneys at Revelli & Revelli in Worcester, MA for your free consultation and legal guidance.

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The outcome of a first DUI/OUI offense will often depend on case-specific considerations.

A conviction for a DUI / OUI in Massachusetts can have long lasting consequences that you will have to deal with for years.  The first time offender will be faced with fines, possible jail time and temporary license suspension.  Whether or not you think you need legal assistance with a first DUI offense case, you have nothing to lose by speaking with an attorney for free.

It’s important that you take a DUI / OUI conviction very seriously, as it affects your criminal record, in turn having an impact on your future employment and freedom.

Read the information below from DMV.org to learn more about the consequences and elements of a first OUI offense in Massachusetts.

Massachusetts OUI Basics

In Massachusetts, OUI?Operating Under the Influence of Alcohol?is a serious criminal offense. You can expect to have your license suspended, pay a major fine and even spend time in jail for your first offense. It gets much worse for subsequent offenses.

And then there’s the insurance surcharges. Remember that in Massachusetts, any moving violation or accident will end up costing you mandated surcharges on your auto insurance.

So you’re clearly better off with a designated driver. But in case you need it, here’s a guide to OUI laws in Massachusetts.

Melanie’s Law

You may want to read the Summary of Melanie’s Law, which made Massachusetts OUI penalties stricter and strengthened the OUI laws in our state.

Legal Limit for OUI in Massachusetts

In Massachusetts, if you register a blood-alcohol content of .08 or higher, you are going to be arrested for OUI. If you’re younger than 21, which is the legal age for drinking in Massachusetts, you will face administrative penalties if you test at .02 or higher, plus standard charges at .08 or higher.

You can refuse a chemical breath test or a blood-alcohol test, but if you do, the arresting officer can take away your license on the spot.

Penalties for OUI in Massachusetts

The penalties for OUI in Massachusetts are substantial and will hit your ability to drive and your pocketbook, and perhaps even give you jail time, depending on the seriousness of the offense and whether you are a repeat offender.

Here’s a round-up of mandatory OUI penalties in Massachusetts. You can find further information in Chapter 2 of the Massachusetts Driver’s Manual.

First Offense

• Fine: $500 to $5,000
• Jail: No minimum to 2.5 years
• Driver’s license suspension: one year

Drivers arrested for a first OUI offense can get their sentences reduced by agreeing to complete a state-approved alcohol education program. This is not an option after the first offense.

Second Offense

• Fine: $600 to $10,000
• Jail: 30 days to 2.5 years
• Driver’s license suspension: two years

Third Offense (felony)

• Fine: $1,000 to $15,000
• Jail: 150 days to five years
• Suspension: eight years

Fourth Offense (felony)

• Fine: $1,500 to $25,000
• Jail: one to five years
• Suspension: 10 years

Fifth Offense (felony)

• Fine: $20,000 to $50,000
• Jail: two to five years
• Suspension: lifetime

Your Costs if Arrested for OUI

It will cost you thousands of dollars if arrested for a first OUI offense. A lot more after that.

Expect to pay any or all of the following costs for a first offense:

• Towing: $75
• Fine: $500
• License suspension reinstatement fee: $100
• Bail: $250
• Court costs: $250
• Insurance surcharge: $1,000
• Attorney fees: $1,500

So you’re looking at about $4,000 minimum for a first offense and that doesn’t include lost work time, transportation costs, or the cost of alcohol counseling, if mandated by the court.

Finding an Attorney

With so much money at stake for even an initial conviction, it makes sense to consider hiring an attorney with solid experience trying OUI cases in the community where you will go before a judge. There are a lot of attorneys out there looking for OUI cases, so you should take some time and get recommendations for someone who can really help you.

Massachusetts Driver Alcohol Education Programs

If you’re charged with a first OUI offense, you can reduce your sentence by agreeing to complete a state-approved Driver Alcohol Education Program (DAEP).

The program, run by state-approved outside groups, consists of an intake assessment, 32 hours of group meetings over 16 weeks, exposure to self-help groups through attending two meetings in your community, and a victim-impact presentation with speakers from Mothers Against Drunk Driving. Expect to pay about $600 for the course.

It’s no easy feat to beat a drunk driving conviction.  It can be a challenge to understand the Massachusetts DUI / OUI laws and courtroom proceedings, and this is why it may be in your best interest to hire a qualified criminal defense lawyer experienced in first offense OUI cases.

When you call the DUI / OUI lawyers at Revelli & Revelli in Worcester MA, your first consultation is always free.  We can answer your questions about a first OUI offense and your related rights and options, which often vary depending on your specific case.  If we cannot provide legal services to you for some reason, we will guide you in the right direction.  Contact us to request your free consultation so we can help you win your OUI case and protect your freedom.

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There are a number of criminal defense strategies that can be employed to help you beat your larceny charge.  You may have been arrested for:

Facing the serious consequences of a larceny offense is easier with the help of a criminal defense lawyer.

• A misdemeanor
• Larceny by stealing
• Larceny of a motor vehicle
• Larceny by check
• Grand larceny
• Embezzlement (similar to larceny)
• Shoplifting

There are also a number of penalties for larceny.  It is crucial that you have a defense attorney on your side to guide you through the process of beating a larceny and theft charge, no matter the seriousness of the crime.  There is the possibility of jail time, hefty fines, probation and community service with a larceny charge in Massachusetts, so make sure you know your rights and you seek the right help in a larceny lawyer.

The following information from FindLaw.com explains each element of larceny crime in further detail so you can begin to understand larceny and theft in Massachusetts better.

Definition of Larceny

The crime of “theft” has gradually become a catch-all term for all kinds of common-law property crimes, including larceny. Several states and the Model Penal Code organize larceny and certain other property crimes under the classification of theft; other states retain the traditional common-law distinctions, however.

In those other states, larceny remains its own crime, separate from other property crimes such as embezzlement, robbery and the acquisition of property through false pretenses.

Larceny is what most people think of as common theft: it is the taking of someone else’s property without the use of force from a location other than inside their home. Car theft forms a typical instance of larceny.

Larceny developed under the common law, but most states that still recognize the crime of larceny have codified its elements into their penal code. While each state has its own definition of larceny, most of them incorporate the following elements in some form.

Larceny is:

• The unlawful taking and carrying away of
• Someone else’s property
• Without the consent of the owner and with
• The intent to deprive the owner of the property permanently

In order to support a charge of larceny, the state must prove each element, so it’s important to have an understanding of what they mean.

Unlawful Taking

The first stage in a larceny involves the unlawful taking of another’s property. Note that the taking must be unlawful, so the removal or appropriation of property for a lawful purpose will not constitute a larceny.

For example, when a bank legally repossesses a car for nonpayment of the car loans, the taking of the car accomplished a legal purpose, thus there is no larceny.

Some states also require that the taker must carry the property away, but other states have eliminated that requirement in order to broaden the scope of the crime. Certain property is immovable, for example, but as long as the perpetrator has taken control of it and removed its use and enjoyment from the owner, the first element of a larceny is present.

Someone Else’s Property

In order for a larceny to occur, the property in question must belong to someone else. If the property belongs to the person taking it, then they have not committed larceny, even if the property was in the possession and control of someone else at the time it was taken.

For example, Adam lends Bob a lawnmower. Bob keeps the lawnmower for longer than Adam wanted him to, so one day while Bob is mowing his lawn, Adam sneaks over, waits until Bob isn’t looking and runs off with the lawnmower. Since the lawnmower belonged to Adam, he hasn’t committed a larceny by taking it back.

Larceny can happen even when the owner of the property doesn’t have possession of it. The only thing that matters is whether the person in control of the property had a better legal claim to the property than the person who took it.

Someone could, for example, find someone else’s lost cell phone on the ground. While at a coffee shop, another person could take it from the table while the person who found it looked away. Even though the phone didn’t belong to the person who found it, they could still bring charges of larceny against the person who took it.

People who co-own property can also commit larceny if they deprive their co-owner(s) of their right to the property. Thus, if three friends jointly purchase a computer and one of the friends moves away with the computer without the consent of the other friends, he has committed larceny.

Without the Owner’s Consent

Even if someone intends to steal a piece of property, no larceny occurs if the owner consents to the transfer of ownership of the property. If the owner approves of the removal of the property, then no unlawful taking has occurred, thus no larceny.

Separate crimes exist to cover situations where the owner approves of the transfer because of the other party’s deceit or fraud, but for the purposes of basic larceny all that matters is that the owner must not give consent to the taking in order for a larceny to occur.

The Taker’s Intent

The final element of larceny involves the taker’s intent to permanently deprive the owner of the use and enjoyment of the property. In other words, if the person who took the property intended to give it back eventually, the taking doesn’t amount to larceny.

Larceny is a specific intent crime, which means that the person taking the property must specifically intend to commit larceny there can be no larceny by mistake. In addition to the example above, a person could have a reasonable belief that they own the property they are taking, thus they would not have the specific intent of taking someone else’s property that would be required for a larceny.

Degrees of Larceny

States usually separate larceny into different categories based on the value of the item stolen. “Grand” larceny applies to higher-value items, and “petit” (or “petty”) larceny applies to items of lesser value. Each state legislature decides the amount that divides a grand larceny from a petty larceny. For example, one state could make grand larceny apply to larcenies above $2,000, while another state could decide that grand larceny only occurs when the value of the stolen property exceeds $3,000. Anything below those amounts would constitute petit larceny.

States treat some larcenies as felonies, and others as misdemeanors. Again, states can set their own rules for what divides a felony larceny from a misdemeanor.

One Larceny or Several?

A common question that arises in larceny prosecutions is whether one larceny has occurred, or several. Generally, multiple items stolen from the same owner at the same time will form one larceny, but some states either give prosecutors the discretion to, or require that they, charge such a situation as multiple larcenies.

Courts will look at the timing and locations of larcenies to determine whether they formed part of a single activity or multiple activities. If part of a single activity, only one larceny has occurred. If there were multiple activities, however, then there were also multiple larcenies.

The determination of the number of larcenies affects the number and severity of the larceny charges. For example, if multiple takings form one instance of larceny, the amount of the items taken could push the larceny into the realm of a felony. On the other hand, if the multiple takings each formed a single occurrence of larceny, the defendant may face multiple lesser misdemeanor counts. In the end, this determination could have a great impact on the punishment the defendant receives.

Regardless of the value of what was taken, a larceny offense can become a permanent mark on your criminal record.  The sooner you contact a criminal defense attorney experienced in theft and larceny offenses, the better we are able to help protect your rights.

Revelli & Revelli provides criminal defense for various felony or misdemeanor charges, using an aggressive and pro-active approach that has helped us win several cases for various clients.  Navigating the criminal law process can be tough, so it’s important to seek the help of a criminal defense law firm with a wealth of knowledge in larceny and theft cases.

Contact the larceny and theft lawyers at Revelli & Revelli in Worcester, Massachusetts if you have been arrested on and charged with a larceny offense.  Our experienced and dedicated team will answer your questions and work hard to defend your rights and freedom.

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A criminal defense attorney can help you fight an assault and battery charge.

Facing an assault and battery charge is no light burden in Massachusetts, and it’s certainly a charge you don’t want to have on your criminal record in any state.  Assault and battery is a criminal charge taken very seriously, and you can face jail time along with fines if you are found guilty.  The circumstances of the assault and battery charge will also affect the seriousness of the charge and the consequences.

The following information from FindLaw.com explains assault and battery charges in more depth, hopefully helping to answer your question, “What is assault and battery?” and many others you may have.

Assault and Battery

Assault and Battery Definition

In most states, an assault/battery is committed when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm. Many states declare that a more serious or “aggravated” assault/battery occurs when one 1) tries to or does cause severe injury to another, or 2) causes injury through use of a deadly weapon. Historically, laws treated the threat of physical injury as “assault”, and the completed act of physical contact or offensive touching as “battery,” but many states no longer differentiate between the two.

Assault and Battery Overview

Assault and battery often bring up images of the typical fight or brawl, but the terms are actually two separate legal concepts with distinct elements. In short, an assault is an attempt or threat to injure another person, while a battery would be actually contacting another person in a harmful or offensive manner. Below is a more in-depth look at both offenses and their elements, which helps explain how these two offenses are so closely tied together.

Assault: Definition

The definitions for assault vary from state-to-state, but assault is often defined as an attempt to injure to someone else, and in some circumstances can include threats or threatening behavior against others. One common definition would be an intentional attempt, using violence or force, to injure or harm another person. Another straightforward way that assault is sometimes defined is as an attempted battery. Indeed, generally the main distinction between an assault and a battery is that no contact is necessary for an assault, whereas an offensive or illegal contact must occur for a battery.

Assault: Act Requirement

Even though contact is not generally necessary for an assault offense, a conviction for assault still requires a criminal “act”. The types of acts that fall into the category of assaults can vary widely, but typically an assault requires an overt or direct act that would put the reasonable person in fear for their safety. Spoken words alone will not be enough of an act to constitute an assault unless the offender backs them up with an act or actions that put the victim in reasonable fear of imminent harm.

Assault: Intent Requirement

In order commit an assault an individual need only have “general intent”. What this means is that although someone can’t accidentally assault another person, it is enough to show that an offender intended the actions which make up an assault. So, if an individual acts in a way that’s considered dangerous to other people that can be enough to support assault charges, even if they didn’t intend a particular harm to a particular individual. Moreover, an intent to scare or frighten another person can be enough to establish assault charges, as well.

Battery: Definition

Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent. Under this general definition, a battery offense requires all of the following:

• intentional touching;
• the touching must be harmful or offensive;
• no consent from the victim.

Battery: Intent Requirement

It may come as some surprise that a battery generally does not require any intent to harm the victim (although such intent often exists in battery cases). Instead, a person need only have an intent to contact or cause contact with an individual. Additionally if someone acts in a criminally reckless or negligent manner that results in such contact, it may constitute an assault. As a result, accidentally bumping into someone, offensive as the “victim” might consider it to be, would not constitute a battery.

Battery: Act Requirement

The criminal act required for battery boils down to an offensive or harmful contact. This can range anywhere from the obvious battery where a physical attack such as a punch or kick is involved, to even minimal contact in some cases. Generally, a victim doesn’t need to be injured or harmed for a battery to have occurred, so long as an offensive contact is involved. In a classic example, spitting on an individual doesn’t physically injure them, but it nonetheless can constitute offensive contact sufficient for a battery. Whether a particular contact is considered offensive is usually evaluated from the perspective of the “ordinary person”.

Some jurisdictions have combined assault and battery into a single offense. Because the two offenses are so closely related and often occur together, this should probably come as no surprise. However, the basic concepts underlying the offense remain the same.

If you have been falsely accused of assault and battery in Massachusetts, the time to fight for your rights and freedom is now, before you have to face a tainted record for the rest of your life.  If you intend to fight your assault and battery charge at trial or you would like to negotiate for an agreeable outcome, you need an experienced criminal defense attorney on your side.

The criminal defense attorneys at Revelli & Revelli in Worcester, Massachusetts are dedicated to those charged with assault and battery.  We will fight to protect your rights if you have been charged unfairly with assault and battery in Massachusetts.  Contact us to request your free consultation with our assault and battery attorneys.

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A criminal charge that is very much taken seriously, an Operating on a Suspended License charge can taint your criminal record.  You may not have been aware that your license was suspended, and this can happen for a variety of legitimate reasons.

The following information from DMV.org covers the topic of suspended licenses in Massachusetts.  Read this information to answer any questions you may have about your suspended driver’s license, and contact us if you have further questions you need answered.

Suspended License in Massachusetts

Check Your License Status

Get your personal drivers´ license history instantly and online. Find out what information is on your driving record with a BackgroundChecks.com Instant Motor Vehicle Report. Keep in mind, you can only run an instant motor vehicle report on yourself.

Whenever you need or want to check the status of your driver’s license, you can order a driving record report. This record will spell out if your driver’s license is currently valid. Should your license have been revoked or suspended, the report will indicate that according to what’s on record at the RMV. This report will also show points against your license and, in some cases, information on any accidents you have had.

Privilege or Right?

Driving in Massachusetts is a privilege authorized by the Massachusetts Registry of Motor Vehicles. But the RMV can also take away your driving privileges, either temporarily (a suspension), or permanently (a revocation). A suspension or revocation is about the worst thing that can happen in terms of a punishment for motor vehicle violations, and it’s easier to get one than you might think.

Automatic Suspensions

The Massachusetts RMV will automatically suspend your driver’s license in the following cases:

• Three speeding violations in one year (30 days, $100 reinstatement fee).
• Five surchargeable events in three years (Complete driver retraining in 90 days or indefinite suspension, $100 reinstatement fee).
• Seven surchargeable events in three years (60 days and $100 reinstatement fee).
• Habitual traffic offender (four years, $500 reinstatement fee).
• Out-of-state suspension or revocation (revoked until suspension is lifted in that state, $100 reinstatement fee).

Criminal Suspensions

If you are convicted of a major motor vehicle criminal offense, plan on losing your license for more than a year in many cases. And be prepared to pay a large reinstatement fee if and when you ever get your license back:

• Stealing a motor vehicle: one to three years, $500 reinstatement fee.
• Leaving the scene of an accident with injuries: one to two years, $500 reinstatement fee.
• Leaving the scene of an accident with property damage: 60 days to one year, $500 reinstatement fee.
• Driving to endanger: 60 days to one year, $500 reinstatement fee.
• Motor vehicle homicide: 15 years to life, $500 reinstatement fee.
• Vehicular manslaughter: 15 years to life, $500 reinstatement fee.
• Driving while under the influence of alcohol and/or drugs: one year to life, up to $1,200 reinstatement fee.

Discretionary Suspensions

The RMV can decide to suspend or revoke your license in any of the following discretionary situations:

• If you are determined to be an immediate threat to public safety and must be removed from the road.
• If you are determined to have improperly operated a motor vehicle.

As you can see, both of these are pretty general statements, giving the RMV a lot of leeway in deciding when to make discretionary suspensions or revocations.

Junior Operator License Suspensions

Many new penalties and restrictions have been recently added and amended.

Other Reasons for Suspension

The RMV is also allowed to suspend your license for many reasons that have nothing to do with driving a motor vehicle, including the following:

• Using a fake ID.
• Failing to comply with a child support enforcement order.
• Failure to appear on an outstanding arrest or default warrant.
• Failure to register as a sex offender.
• Being convicted of a drug offense.

What Happens

Once your driver’s license is suspended or revoked, you must stop driving. If you are caught driving on a suspended license, kiss the idea of getting your license back anytime soon good-bye. You can lose your license for up to one year if caught driving on a suspended license. Plus, you should be prepared to pay a major fine ($500) and you could even face jail time.

You can ask for a hearing on your license suspension. Hearings are held on a walk-in basis at RMV offices. Hearings offices cannot decide guilt or innocence, only if the proper rules were applied when the suspension was originally given.

Hardship License

You can receive a hardship license after suspension if you can prove that you meet detailed criteria for reinstatement. Hardship licenses are granted at the discretion of the RMV in cases where a driver’s license is needed to get to work, receive medical treatment, or attend school.

You will be expected to make your case to an officer at an RMV Suspension Hearing, which is held on a walk-in basis at several different RMV branch sites.
When applying for a hardship license, you need to arrive at the branch office by 4 p.m. Expect waits of up to an hour.

The RMV strongly recommends that you review written eligibility rules for your specific type of suspension prior to the hearing:

• OUI Hardship Criteria
• OUI Hardship Criteria, First Offense
• Drug Offense Hardship Criteria
• HTO Hardship Criteria

If you are granted a hardship license, you will need to pay the standard fees for license reinstatement. The cost ranges from $100 to $1,200, depending on the offense.

Reinstatement

Once your suspension is over, you may need to appear for a hearing at the Boston RMV office in order to reinstate your license. Please call (617) 351-7200 to find out if you need to appear in person.

If your license was suspended or revoked, be prepared to pay a reinstatement fee when your license is reinstated. This fee ranges from $100-$1,200, depending on the offense.

From driving under the influence to driving without insurance, failing to appear for a scheduled court date to engaging in reckless driving, there are a number of reasons why you may have been charged with operating with a suspended license.  Having your Massachusetts driver’s license suspended is no small matter, and it’s something you want to address immediately.

If your license has been suspended, or if you’re facing any other kinds of motor vehicle offenses, call the traffic lawyers at Revelli & Revelli in Worcester, MA.  We are experienced criminal defense attorneys who will fight to keep your record clean.  Contact us today to request your free consultation.  You have nothing to lose.

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Although a restraining order is technically considered a civil document, a restraining order in Massachusetts becomes part of your criminal record.  Whether the restraining order taken

The first step to fighting a false restraining order in Massachusetts is to educate yourself on restraining order law.

out on you is legally justified or not, a judge in Massachusetts will typically issue the order on you for general safety’s sake.

If you’ve had a restraining order taken out on you in Massachusetts, read the brief post below from RestrainingOrderBlog.com.  The post shares some very helpful advice for those charged unfairly with a restraining order in Massachusetts, and who are looking to fight the false charge.

How to Beat a False Restraining Order

In today’s political climate, divorce has become a cottage industry & one result has been a huge increase in the filing of false restraining orders in divorce cases. Most often, this affects the man in the divorce. If you are in this situation, you must learn how to beat a restraining order if you are to have any future contact with your children & save your reputation. This article will get you pointed in the right direction. Do not make the mistake of being unprepared. The road to defending yourself is full of pitfalls, any one of which could land you in jail!

One single false accusation from your spouse can have you hit with a false restraining order & subject to criminal prosecution. What is worse, the burden of proof is on YOU! That is right, she has no burden of proof, but you do.

Some unscrupulous lawyers will advise women to file a restraining order because:

1. It is a way to get quick custody of the children WITHOUT a hearing (yes, this CAN happen!)

2. It is a way to maximize alimony & child support payments.

There are two key concepts you need to master in order to learn how to beat a restraining order:

1. You need to become an expert on the restraining order process.

2. You need to take an active role in your case.

As stated in the intro, divorce has become an industry. No one knows the details of your situation better than you do, & no one will look after your best interests better than you. That is why hiring a lawyer to take care of things for you may be the worst thing you can do. You need to be knowledgeable on restraining orders & active in your defense to be successful.

One thing you should NEVER do after a restraining order has been filed is to attempt reconciliation with your wife. Even something as simple as an I’m sorry note or flower delivery violates the order & will land you in JAIL. That is why it is so important for you to become informed. There are too many mistakes like this waiting to happen.

You now have a basic outline on how to beat a restraining order. It is now up to you to become an expert. Your reputation & your children depend on it

Depending on your specific circumstance surrounding the restraining order charge, it can be difficult to defend yourself against a false restraining order.  The most important thing that you can do to fight a restraining order in Massachusetts is to educate yourself on the state’s laws – as the post above explains.

To have any chance of success in fighting a restraining order, you must provide clear and credible defense testimony and undermine the credibility of the plaintiff simultaneously through real evidence or cross examination.  It is often in your best interest to hire a criminal defense attorney to help you through this often confusing and difficult process, or at least speak with a criminal defense attorney in Massachusetts who can help you understand the restraining order law.

If you have specific questions regarding your situation, or you would like to learn more about the Massachusetts restraining order law, please contact the criminal defense attorneys at Revelli & Revelli in Worcester, Massachusetts.   Your first consultation is always free, and you can rest assured that we will do all that we can to help you.  We will fight on your behalf when you are fighting a false restraining order.

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Manufacturers, designers and distributors of many products on the market today have a responsibility to protect the end consumer.  This legal truth often translates into what we call

Massachusetts product liability law allows you to protect your family from defective products.

products liability law.  Under product liability law in Massachusetts, these parties are responsible for creating and distributing safe products to the consumer.

Products liability law allows people who have been injured or suffered property damage due to a defect in a used product to collect monetary damages, so long as the product was the cause of the injury.  A product liability claim can compensate you for personal injury or wrongful death caused by a defective product.

Immediate action may be required to protect your legal interests, so hiring an experienced products liability lawyer in Massachusetts with a proven track record is very important.

We have found a wonderfully informative article on products liability law from ilawyersource.com that explains the details of products liability and what to do if you think you have a case.

Products Liablity Legal Information

OVERVIEW

Products liability lawyers specialize in defending the rights of people who have been seriously injured by a defective consumer product, food or service. These injured people can hire a products liability lawyer to sue the manufacturer and others involved in making, distributing and selling the defective product. If the products liability lawyer can prove the case, the clients can secure money to help them pay medical bills, support themselves while they can’t work, and deal with other aspects of the injury caused by the defective product.

Products liability lawsuits are a type of personal injury lawsuit, because they compensate consumers for injuries caused by others. But a products liability lawsuit is easier to prove, because the law in most states considers it a “strict liability” offense. That means that you do not have to show that the defendant — the person or business you’re suing — was careless (negligent) in a way that caused your injury. Under strict liability, you must show only that the defective product caused your injury. This law helps to ensure that companies take care not to make and sell products they know are defective.

“WHAT TYPES OF PRODUCTS DOES PRODUCTS LIABILITY LAW APPLY TO?”

Most of us think of products as physical objects that we can touch and see. But under products liability law, products can be food, gases, animals, writing and even some services. Products that commonly cause a products liability lawsuit include:

• Toys and children’s products.
• Automobiles and auto parts.
• Medications.
• Food that caused food poisoning (from restaurants or grocers).
• Medical devices.

You can sue the seller and distributor of the product as well, if you can show that they were partly responsible for the defect. Generally, however, you can’t use products liability law to sue individuals who are not in the business of regularly selling or renting. For example, if you buy something at a garage sale and it turns out to be defective, you may not be able to sue the person who sold it to you.

“WHAT COUNTS AS A DEFECT UNDER THE LAW?”

Products liability law recognizes three types of product defect:

1. Design defects are flaws that were built into the product because it was designed incorrectly in the first place. If a product is defective by design, all copies of the product will have the same problems. An SUV with an unsafely high center of gravity might be defective by design.
2. Manufacturing defects are introduced when the product is made. In this case, the factory or person who made the product didn’t do it correctly or introduced a new problem. A food that was contaminated during the bottling process has a manufacturing defect.
3. Warning defects are flaws in the way the company packages and sells the product. The most common is a failure to warn consumers of a danger involved in using the product — for example, that a hair dryer could electrocute you if you drop it in the bathtub. Improper instructions could also be considered a marketing defect.

“WHAT DO I HAVE TO PROVE IN A PRODUCTS LIABILITY LAWSUIT?”

The first thing that you and your products liability lawyer have to prove is that you were injured by the product. The injury is often physical, but it doesn’t have to be. Many people filing products liability lawsuits claim more than one type of injury, including past and future:

• Physical injuries.
• Permanent disabilities or scarring.
• Wrongful death.
• Financial injuries — money you spent as a result of the defective product.
• Temporary or permanent loss of an income.
• Emotional injuries, like pain and suffering.
• Loss of a loved one’s care, love and companionship.

Then you must show that the product was defective in some way. A product is defective if it is unreasonably dangerous when used as intended. With design defects, you could show the court that there was an alternative design that would have made the product safer. With a warning defect, you might prove that there was a reasonably foreseeable risk of harm when using the product as intended (or for an off-label use that was reasonably foreseeable). Warnings must be clear and specific.

No matter what defect you and your products liability lawyer are trying to prove, you will probably have to show that you were using the product correctly and in an intended or foreseeable manner, you did not alter the product substantially before using it, and you followed any warnings provided. This helps prove that you did not cause your own injuries, a common defense used in products liability lawsuits.

“WHAT IF I BOUGHT THE PRODUCT A LONG TIME AGO, OR USED?”

In both of those cases, you are still entitled to file a products liability lawsuit against the manufacturer. You do not need to be the original owner, or the owner at all; you just need to show that you were harmed by a defect in the product. You don’t need a manufacturer’s warranty, because most products sold in the United States have an implied (unspoken) warranty of fitness. However, products liability law will not compensate you for ordinary wear and tear on a product.

“HOW LONG DO I HAVE TO CONSIDER FILING A PRODUCT LIABILITY LAWSUIT?”

Every state has a law called a statute of limitations, which sets a deadline by which you must file your lawsuit. In general, statutes of limitations vary between one and four years. However, there are many exceptions. If the plaintiff was a minor at the time of the injury, the statute of limitations may not start until he or she turns 18. If the defendant is a government agency, the statute of limitations can be shorter. And in many cases, the statute of limitations doesn’t start running until you discover the injury. This can be important when the injury isn’t immediately obvious.

“WHAT SHOULD I DO IF I AM INJURED BY A DEFECTIVE PRODUCT?”

Of course, the first thing anyone should do after an injury is seek medical help. But once things calm down, there are a few things you can do to preserve evidence and protect your rights in case you decide to file a products liability lawsuit later. Start by saving:

• The product itself, and any packaging or manuals that came with it. Label it clearly so your family knows it’s not safe, then put it out of the way. If it’s fresh food, you may have to freeze it or take it to an expert for testing.
• Any receipts, prescriptions or other paperwork showing when and how you purchased the product.
• All medical records and other documents showing how the defective product affected you and your family. Include any costs that you incurred because of the defective product, like a baby-sitter that you had to hire because you were too sick to take care of your children.
• Any pictures of your injuries and the damage to your property caused by the product.
• Statements from any witnesses, as well as their names and contact information.
• Your own memories of the accident. Write down what you remember while it’s fresh, and add any new thoughts or medical problems that develop.

You should also be very careful if the manufacturer of the product contacts you directly. Sometimes, companies that know they’re legally liable for your injuries will try to stop you from suing by offering you money right away. Do not take this money unless you are sure it compensates you for all of your losses — physical, financial and emotional. If you’re not sure, politely decline and call a products liability lawyer for help deciding what your claim is worth.

PAYMENT

Products liability lawyers almost always work on contingency. In a contingency system, the lawyer doesn’t ask to be paid in advance; he or she expects to be paid by taking a percentage of your winnings. That percentage should be agreed on in advance by you and your products liability lawyer. If you don’t win, the products liability lawyer does not get paid. This system allows people of modest or ordinary incomes, who usually cannot afford a high hourly fee, to hire a lawyer. You may still be asked to pay court fees and for the time of the lawyer’s support staff, but almost all products liability lawyers offer free initial consultations.

If you have been injured or suffered damages due to a defective product, the first thing you should do is seek medical attention.  For the protection of your legal interests, you should try to keep the defective product in its unaltered state until you can hire a products liability lawyer or bring in expert witnesses.

Typically, when you are trying to prove that a product is defective you will require some expert analysis and assistance.  The products liability lawyers at Revelli & Revelli are dedicated to supporting your products liability case and fighting on your behalf for justice.  Contact our products liability lawyers with any questions about your specific situation or to request a free consultation.

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