Will I Go to Jail for a First Offense Misdemeanor?

Being arrested for a crime is a confusing and terrifying time. Often the first question on a person’s mind after being arrested is whether or not they are going to jail and if so, for how long. This is not an unnatural concern, especially because most individuals do not know how the criminal justice system […]

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The Hidden Costs of an OUI Conviction

Most people do not think twice about spending $20 on alcohol or purchasing a few drinks during happy hour with friends. While it may not be expensive to become intoxicated, the consequences of driving while intoxicated are extremely expensive – and often cost more than individuals realize. Driving with a blood alcohol content (BAC) of […]

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Handling Surrender Hearings When a Dishonest Probation Officer Is Involved

Probation is a highly stressful situation for anyone involved. If a person is on probation and they are arrested, it is grounds for a violation hearing or violation detention (formerly referred to as a surrender hearing). Failure to comply with any condition of your probation can result in a violation citation. In most cases, probation […]

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How Long Can Police Legally Detain Someone if They Are Not Under Arrest?

There are instances where law enforcement will hold an individual and deny them permission to leave, but at the same time, state that they are not in official police custody. This often prompts a question about how long the police can legally detain someone if they are not officially under arrest – after all, a […]

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Understanding the New Rules Regarding Probation Violations

Starting September 2015, Massachusetts will be employing new probation violation rules and implementing changes to detention hearings. Probation surrender hearings will now be referred to as detention hearings, and preliminary hearings will be referred to as probation violation hearings. Also, the procedure for evidentiary standards and for the issuing of a violation will be modified […]

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Will My Case Be Dismissed if My Rights Are Not Read?

After an arrest, it is not uncommon for defendants to feel that their rights were violated – and more specifically, that their “rights” were never read to them. Not all cases are dismissed when Miranda rights are not read; it depends on what the officer’s statement says and what the defendant says. Miranda Rights and […]

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What is a Hate Crime?

The state of Massachusetts has strict hate crime laws that feature tougher penalties on defendants that have targeted their victims because of race, religion, sexual orientation, ethnicity, gender identity or even disability. These laws are harsh and if you are convicted of a hate crime act, you may spend more time in jail or even […]

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Do I Need an Attorney if I Plan to Plead Guilty?

No one disagrees that hiring an attorney is expensive. So, when you plan to plead guilty and you have no intentions of going to trial, you may assume there is no need to encounter the costs of an attorney. While you may think you are saving yourself some money, you may actually be costing yourself […]

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When Can The Police Pull You Over?

There is a common misconception among individuals in society. They assume that police officers will pull over a vehicle simply because they have nothing to do or to purposely strike fear in the public. In reality, Massachusetts has strict guidelines for when a police officer can pull over a vehicle – and it is not […]

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The Difference Between Possession and Possession with Intent to Distribute

Every state has their own classification system, and in Massachusetts there is a large difference between possession and being charged with possession with intent to distribute. With the exception of marijuana, intent to distribute a drug is considered a felony crime. Law enforcement officials and prosecutors are aggressive in charging individuals with drug crimes – […]

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