Vandalism is a serious criminal offense in Massachusetts, defined under G.L. c. 266, § 126A. As a Massachusetts criminal defense attorney, it’s crucial to understand the elements of this crime and how prosecutors must prove their case. Elements of Vandalism To secure a conviction for vandalism, the Commonwealth must prove four key elements beyond a… Read More
Understanding the Consequences of a Restraining Order: A Guide from a Criminal Defense Attorney
Anyone with a restraining order must understand the consequences of a restraining order. These legal tools are critical in situations where someone needs protection, but they also carry significant consequences for those against whom they are issued. This comprehensive guide aims to shed light on the consequences of a restraining order and offers practical advice… Read More
Bench Warrants
Comprehensive Guide to Bench Warrants: Protecting Your Rights What Are Bench Warrants? Bench warrants are judicial orders compelling law enforcement to detain individuals and bring them to court. These warrants differ from arrest warrants, which are based on probable cause of criminal activity. Bench warrants are usually issued due to a failure to… Read More
Assault and Battery Dangerous Weapon Causing Serious Bodily Injury in MA
Assault and battery with a dangerous weapon causing serious bodily injury is a serious crime in the state of Massachusetts. This crime is punishable by up to 10 years in prison and/or a fine of up to $10,000. In Massachusetts, assault and battery with a dangerous weapon causing serious bodily injury is defined as… Read More
Mass 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
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