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
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
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
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
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
It comes as no surprise that many individuals contemplating divorce struggle with the final decision. Some even contemplate divorce for years before ever speaking with an attorney. When considering divorce, there are several steps you can take to help lessen the burden of such a difficult decision. #1 Protect Your Children Every parent wants what is best for their children; this may mean separation or divorce for some families. You can help your children by
As a divorcing parent battling over custody, there is always the fear that your child will decide they would rather live with the other parent. Even once custody has been determined, parents worry as children get older, they will want to move in with the other parent. Rest assured that minor children can’t make legal decisions, such as where they want to live. It is a common misconception that once a child reaches a certain
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
When facing divorce, you may find yourself overwhelmed with the legal jargon used throughout the process. Add this frustration to the mounting stress and heightened emotion, and you may be left making poor decisions. While our firm is here to help guide you through the process and answer any questions you have, this guide can help clarify some of the legal jargon you may encounter. Types of Divorce Irretrievable Breakdown of the Marriage This cause
Under Massachusetts law, both parents have a duty to support their child. Typically, following a separation or divorce, only one parent is considered the custodial parent. This is the parent who lives with and has primary care of the child. The support provided by the custodial parent is offered in the time and care given to the child. When families no longer live under one roof, sharing duties equally can be difficult. This is why
When a serious injury or even death results from a misdiagnosed condition, there are several parties that can be held liable. This includes doctors, radiologists, nurses, and pharmacists as potentially responsible parties. However, for a medical professional to be held liable for medical malpractice, there are specific legal requirements under the Commonwealth of Massachusetts law. Restrictions stipulate when a claim can be made, limit the damages, and require specific types of evidence. Failing to diagnose
The decision to divorce isn’t always cut and dry. While, in some cases, divorce is the best course of action, it remains a difficult decision. Only you know what is in your heart and the best way forward for you and your family. If you’re considering divorce, the following signs may help make your decision clear. Silence is Deadly While constant arguing doesn’t make a healthy relationship, silence can be a sign of avoidance or
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
When you experience a slip and fall, there are a number of Massachusetts laws and legal rules that will affect your case. Slip and fall injuries can be severe, especially during winter months when roads, walkways, and parking lots are icy. When negligence or a dangerous condition is to blame, you may be entitled to financial recovery. This article will explain two of the most important Massachusetts laws you need to be aware of as
How long has it been since you terminated your marriage? Have your circumstances changed since then? While your divorce may last forever, your divorce agreement can change over time. There are many reasons to consider modifying your divorce agreement. Some examples include: a significant change in income that will impact child support or alimony payments a job change requiring a move needs of aging children the remarriage of the party awarded the alimony Child Support
Medical negligence is an unfortunate outcome, often attributed to an overburdened medical care system. Many parties can be held liable for negligence, from hospitals to doctors, nurses, surgeons, anesthesiologists, dentists, and pharmacists. Medical malpractice is defined as negligence in the medical care and treatment provided by a healthcare professional. There are many different types of medical malpractice claims. Injury from the following can be the result of medical negligence: failure to correctly diagnose a condition
Divorce cases involving children often require a court decision regarding which parent should have physical and/or legal responsibility. Whether granted joint or sole custody, physical custody designates where the child will actually live. The parent who the child resides with most of the time is considered the custodial parent. The non-custodial parent may be required to provide for a child or children in the form of child support, which is paid to the custodial parent.
Worcester District Attorney will be sending more than 4,700 letters to Worcester County residents who may be entitled to a new trial after the results of breath tests used in their drunken driving (DUI OUI) cases between the years 2011 and 2018 were deemed unreliable. Anyone who receives this letter should consult a lawyer to help them decide how best to proceed. The letter contains details about the collateral damage that a guilty finding might
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
Once you’ve completed the process of going through a divorce, settling on child support, and agreeing to a parenting schedule, you’d think you can finally move forward and start your new life. Unfortunately, this isn’t always the case. When you’re facing the frustrating reality that your ex simply won’t comply with your legally binding agreements, whether that be alimony payments or a parenting schedule, you have options. Massachusetts residents can file a complaint for contempt
