Assault is a serious crime that involves intentionally causing or attempting to cause harm to another person. When the assault is carried out with a weapon or causes serious bodily injury, it is known as aggravated assault. In Massachusetts, aggravated assault is a felony offense that carries severe penalties, including imprisonment, fines, and a criminal record that can affect an individual’s future prospects. What is Aggravated Assault? Aggravated assault is a type of assault that involves the use of a deadly weapon, or an assault that results in serious bodily injury. The use of a deadly weapon includes any item
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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 Prior to being arraigned, those who are summonsed or arrested are required to check in with the probation department. This visit is used to collect
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Who carries the burden of proof in a criminal case?
The phrase ‘burden of proof’ refers to which party—the defense or prosecution—is responsible for providing evidence of a crime. In most court cases, the party filing the claim carries the burden of proof. In a criminal case, this generally falls to the prosecution. The burden of proof refers to the process of proving elements of a crime beyond a reasonable doubt. The burden of proof does not refer to proving guilt or innocence. Criminal cases do not require defendants to prove innocence. However, while the prosecution carries the burden of proof, they do not have to prove guilt to the
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Can I legally smoke recreational marijuana in public in the state of Massachusetts?
While marijuana use is legal in Massachusetts for people 21 and older, that doesn’t mean you can use it anywhere you want. Only adults 21 or older can legally purchase and possess marijuana, except for those who are registered patients. Consuming even legally purchased cannabis in Massachusetts at a public place is illegal under state law. This covers smoking, vaping, and cannabis-infused foods. While your safest bet is smoking in your home, if you have roommates or a landlord who doesn’t want you smoking there, you might be out of luck. Landlords can place restrictions on whether you can smoke
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Handling A Wrongful Death Claim
When a family member suspects wrongful death of a loved one, they can file a particular type of personal injury claim known as a wrongful death claim. Even if no one is criminally responsible for the death, someone can be held civilly liable through a wrongful death claim. Common causes of wrongful death claims include accidents, defective products, exposure to hazardous materials, and medical mistakes. In Massachusetts, the decedent’s estate has three years from the time of death or time of discovery to file a wrongful death lawsuit against the liable parties. Spouses, children, and parents are given priority when
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My husband was in a fatal accident, can I file a wrongful death claim?
Under Massachusetts law, a person or company may be liable for wrongful death if the death of another is caused by (1) negligence, or failing to exercise reasonable care, (2) a “wanton or reckless act,” or (3) a breach of warranty. In order to bring forward a wrongful death claim, the surviving individual must have suffered damages due to the untimely death of another. Precisely who those survivors can be varies from state to state. Massachusetts requires “the executor or administrator of the deceased” to file a wrongful death claim in court. This refers to the person responsible for following
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Rear-end collisions and the rush to settle
Rear-end collisions are not uncommon, but they are not simple or routine. Repeat after me: there is no such thing as a ‘simple’ rear-end collision. Again, there is no such thing as a “routine” rear-end collision. Rear-end collisions come on a sliding scale, ranging from the annoying to the frightening to the downright devastating. A long-haul trucker whose brakes fail at an off-ramp can total cars, wreck bodies, and take lives. On the other hand, a distracted driver letting his foot of the break in snail’s-pace traffic will probably result in a dinged bumper and frayed nerves. What rear-end collisions
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Cannabis DUI
Marijuana and derived cannabis products are now legal for private, at-home consumption in Massachusetts. With the use of THC products now legal and in the open, it becomes even more important to remember continuing legal restrictions on and best practices surrounding their consumption. One of the foremost issues at the intersection of law, good citizenship, and cannabis is that of driving under the influence of marijuana and marijuana-derived products. Most people are familiar with the laws surrounding DUI, or at least they think they understand these laws. Let’s take a moment to review the laws regarding alcohol and the operation
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Know The Legal Steps To Take After A Wrongful Death Caused By An Auto Accident
Struggling with the loss of a loved one is never easy. Figuring out the legal steps when dealing with a wrongful death due to an auto accident is difficult, which is why we’re here to help ease this troubling time. The Centers for Disease Control and Prevention (CDC) reports that there are more than 32,367 fatalities annually as a result of car crashes. Such collisions are often a result of the negligence of another person. Many drivers falsely believe that car accidents are always “accidental” and are something unfortunate that just happens. From the carelessness of another driver, the negligence
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Liability And Wrongful Death With Covid-19
In Massachusetts, over 8, 000 people have already died from Covid-19. Along with hospitals, many of these deaths have also occurred in overcrowded, ill-prepared long-term care facilities. Despite this, many people continue to act as if there is no danger, with no regard for the deadly consequences of their actions. From inappropriate beach parties thrown by dozens or hundreds of teenagers at once, to thousands gathering to exercise their constitutional rights in protest, many Americans—and many Massachusetts residents—have knowingly and willingly acted in defiance of government safety recommendations. For the grieving survivors of COVID-19 victims or for patients slowly recovering,
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How is a Negligent Driver Held Responsible for his or her Actions in Massachusetts?
If you have been injured in a car accident that was not your fault, you need to know how the insurance companies determine fault in order to get the compensation you deserve. The commonwealth of Massachusetts is a modified no-fault insurance state. This means that if an individual is deemed to be over fifty percent at fault, they can be held responsible. This also means that, regardless of fault, your own insurance company will pay for your injuries, up to your policy limit. Additionally, Massachusetts law allows individuals the right to legally sue the at-fault party for non-monetary damages, i.e.,
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Wrongful Death Suit in Massachusetts
The heartbreak of a loved one’s death is compounded by the logistical and financial stresses of providing a burial according to the deceased’s wishes, paying off residual bills, and coping with the loss of an income. In cases where a loved one’s death was caused by another’s actions, this can be especially emotionally difficult—but the law does allow for a remedy to the financial stress caused by a wrongful death. In Massachusetts, a wrongful death is one caused by another party through negligence breach of warranty conduct which is “wanton and reckless” Excluded explicitly from these criteria are workplace deaths
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The Dangers of Falling Snow and Ice
As the weather gets colder in New England, many people are already carrying out winterization measures to protect their homes and businesses. Road salt has been purchased, shovels dug out of garages, and tires swapped out. With all this attention paid—and rightfully paid—to the hazards of traveling on foot or by car through a winter wonderland. However, paying attention to snow on the ground should not come at the expense of preparing for snow on roofs and eaves, which poses an entirely different set of risks to guests, neighbors, customers, and all pedestrians. While slip-and-fall, or slip-and-crash, accidents immediately come
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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 been affected in the short-term by having their licenses suspected. Many more may also soon find their licenses suspended as the RMV races to repair
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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 a reasonable excuse, such as illness, be sure to have a note from your doctor. You will then reschedule your service. Ignoring this card (at
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Does Massachusetts allow pain-and-suffering claims?
Massachusetts allows pain-and-suffering claims in some cases and up to a certain amount. Pain-and-suffering claims are “non-economic” in that they are not seeking to compensate for a price-tagged, financial loss caused either by damage to property or by high medical bills. The latter type are “economic” damages. In Massachusetts, pain-and-suffering claims must usually be filed alongside economic claims. In the case of car accidents, medical claims must exceed $2000 before a pain-and-suffering claim may also be filed. For car accidents, Massachusetts law also expects victims to rely on their own, or the at-fault party’s, insurance coverage before suing. Some states
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What happens to me if I refuse to take a Breathalyzer test when pulled over in Massachusetts?
Drivers in Massachusetts ought to be especially wary when they see those blue lights flash behind them, given the spotty track record of the Breathalyzers used to test for DUI violations by police departments across the Commonwealth. Sober, responsible drivers found themselves in a lot of trouble because of inaccurately prepared and used Breathalyzers. Since 2017, numerous legal challenges and complaints have surfaced regarding the main Breathalyzer model used in the state, the Draeger 9510 Alcotest. There were widespread issues with the calibration of these machines. Despite knowing the calibrating errors by numerous police departments, the Massachusetts Office of Alcohol
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The MA state police face ongoing scandals over altering police reports and overtime sheets. Does this give me grounds to contest or question state police reports used against me in court?
The ongoing revelations of misconduct by the State Police are certainly disturbing. If you have not been following the scandal over the past year, here is a summary of what we have learned so far: -There has been widespread abuse of the overtime system by state troopers at least since 2011. Troopers would claim overtime for shifts they never worked. The practice was known about within the State Police at least since 2011, according to recent reporting in the Boston Globe. -The overtime abuse was so rampant within Troop E of the State Police that authorities have dissolved it rather
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How long do I have in MA to claim injury after an accident?
The Massachusetts General Code explicitly says there is a two-year period in which to claim personal injury after an accident. However, the law also stipulates that you make your claim “as soon as practicable after the accident occurs from which such claim arises” (Title XIV, Section 90, Chapter 34M) Depending on who was found to be at fault in the accident, either your insurance or the other party’s is responsible by law for paying legitimate medical expenses, arising directly from the accident, up to the limits of the relevant policy. They must begin payment on these reported expenses within ten
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Understanding Your Rights in a Car Accident: Massachusetts Personal Injury Claims Explained
You could be driving down I-95 during rush hour when suddenly a person driving a large SUV whips into your lane and causes you to rear-end him. However, there were multiple witnesses who reported to Massachusetts State Police that the other driver was speeding. Three witnesses reported he was weaving in and out of traffic. Suddenly, what could have been your fault is a clear case of reckless driving, but, thank goodness, people were willing to share what they saw with the police. Now, you’re laid up in a nearby hospital awaiting surgery for multiple hip and leg fractures. This
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I am feeling fine after a minor car accident. Will skipping a doctor’s visit now hurt my chances of a personal injury settlement later?
From a purely health perspective, we would have to recommend that you get yourself checked out at a doctor. With the rush of adrenaline and nerves you experienced immediately after the accident, your body may have been suppressing pain as part of your ancient survival mechanisms. You may not realize you are injured until you have had a chance to calm down. Additionally, injuries, even serious ones, can take days to manifest themselves, or may not always have obvious symptoms. For your own health and safety, we would hope you go to a doctor immediately or shortly after a car
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Penalties for Drunk Driving in Massachusetts
The penalties for drunk driving in Massachusetts are, in some ways, harsher than any other DUI laws in the United States. And most of that comes already when there’s a conviction for a first-time offense. It’s a crackdown on drinking and driving in Massachusetts. First-Time Offense Laws As with most first-time offense laws, if you refuse to take a blood alcohol content test after being pulled over, you’ll be subjected to a fine and suspension of your drivers license. Keep in mind that your license is automatically suspended for 180 days just based on your refusal to take the test.
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Auto Accidents – A Skilled Injury Attorney Will Make The Difference
Car accidents happen all the time, and they oftentimes leave one or more parties with injuries that require medical attention. Medical bills are expensive, and it is important that you are not financially ruined because of the fault of another. Consult with an experienced personal injury lawyer to fight for your interests and to make sure that you are compensated for your medical bills and suffering. Personal injury lawyers are especially important when you are in an accident with a commercial truck or other large corporate vehicle. The insurance and transportation companies want to settle with you as quickly as
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Choosing Your Massachusetts Criminal Defense Attorney
When you have been accused of a crime in Massachusetts, you need a defense attorney in order to help protect your rights. Even if you are guilty of committing the crime you have been accused of, it’s important that you receive quality counsel from a skilled criminal defense attorney. A skilled and successful lawyer can help you navigate the legal system so you have the best opportunity of achieving an equitable outcome. And remember, being innocent doesn’t guarantee that you will be found innocent. You need skilled representation either way. You have two basic options when selecting a criminal defense
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