What happens if you accidentally run into the person who has a Massachusetts restraining order against you? Massachusetts law allows for accidental contact. Also, it does not treat mistakes or accidents as crimes. Anyone claiming accidental contact cannot be convicted of a violation of a restraining order, or a 209a order, unless the prosecutor proves… Read More
Massachusetts Law About Hitting Your Kids
In Massachusetts, parents and stepparents are entitled to a legal defense if they are charged with assault or assault and battery on their child. The parental discipline defense is an affirmative defense. For example, self defense is an affirmative defense. An affirmative defense requires the prosecutor to prove that the defense does not apply. If… Read More
Qualified Immunity
Qualified Immunity Qualified immunity police officers from being held personally liable for constitutional violations as long as the official did not violate “clearly established” law. In 1871, Congress passed 42 USC 1983 to allow citizens to sue government officials personally for civil rights violations. It says, “Every person who under color of any statute…subjects any… Read More
Where Is My Speeding Appeal?
If you get a Massachusetts speeding ticket your speeding ticket appeal will take place in the District Court where the offense took place. So if you are given a speeding ticket on the Mass Pike in Framingham the appeal will be in the Framingham District Court. But how do you find out where the appeal will… Read More
Couple Caught Using Counterfeit Money
A man in Weymouth, Massachusetts is facing charges after he was caught using counterfeit money at a McDonald’s on Main Street. The manager called the police after realizing that the money the man used was counterfeit. After the officers arrived on the scene, they confirmed that the money was fake. Police stated that the incident… Read More
Snap Chat Post Leads to Arrest
Northern California authorities arrested a man who is thought to have committed armed robbery. The man is thought to have committed the crime after police viewed a Snapchat photograph he was in. He posed for the selfie next to his victim. The incident is thought to have taken place at 1:12 on Wednesday morning. According… Read More
Even Hans Solo Can Get Pulled Over For Speeding
Police in Texas made quite an unusual stop. Hans Solo, Chewbacca and others were all stopped for speeding. In this case it worked out fine. But if you are stopped for speeding you need to appeal your speeding ticket. Paying a Massachusetts speeding will lead to a fine and increased insurance premiums. Patrick Donovan is… Read More
What is a Continuation Without a Finding?
Not every criminal case in Massachusetts ends with either a guilty or a not guilty. One way a case can end is with a continuation without a finding. A continuation without a finding or CWOF is a plea where the defendant admits that he or she could be found guilty without actually being found guilty…. Read More
Laquan McDonald Shooting Video
Patrick Donovan Massachusetts Criminal Attorney
Cop Assaults Disabled Veteran With Video
Sgt. Garry Wilson, a police officer in the Riviera Beach Police Department is facing criminal charges after arguing with a disabled veteran about a handicapped parking space. On August 11, Army veteran Isiah James encountered Wilson outside of a Walgreens pharmacy. James video the encounter with the officer who doubted James’ disability. Wilson is heard… Read More
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