The United States Constitution holds that a citizen is presumed innocent until proven guilty. However, there are some exceptions. In Massachusetts, an individual accused of a crime can be detained in the county jail, before his trial, for up to 90 days if he is deemed a “dangerous person.” This…
Articles Posted in Criminal Law
What is Malicious Damage?
In Massachusetts, if you damage, destroy, or vandalize another’s property, you may receive a criminal citation or charge for malicious damage. This type of property damage can include keying a car, graffiti, or even breaking things while involved in a domestic argument. The charge you may be facing following this…
Domestic Assault, and Domestic Assault and Battery in MA
Former Massachusetts Governor Deval Patrick signed new legislation in 2014 dramatically changing the way domestic violence is penalized in MA. The new law, An Act Relative to Domestic Violence, created two new crimes: domestic assault and domestic assault and battery. A MA criminal defense attorney can help you determine how…
Will Federal Enforcement of Marijuana Use Impact Recreational Pot Smokers in MA?
In December, 2016, Massachusetts joined the growing list of states who have passed the legalization of recreational marijuana. As in the other states, recreational use is still illegal at the federal level, but the Department of Justice has been fairly hands-off, up until now. The Trump administration may increase federal…
What Are the Most Commonly Committed Crimes in Massachusetts?
If you commit a crime in Massachusetts, you may find yourself in court, paying hefty fines, and possibly even doing time in jail or a state prison. Maybe you’re a first-time offender and your crime was an honest mistake. Maybe you have an extensive criminal record. Whatever the circumstances of…
Commonwealth of MA Moves to Reform the State’s Criminal Justice System
On February 21, Governor Charlie Baker filed a bill as part of an effort to reform the criminal justice system in Massachusetts. “Over half of the people leaving our Houses of Correction and state prisons wind up back in the court system at some point after their release,” Baker said.…
What is Vehicular Homicide and What Are the Penalties if I’m Charged With this Crime in MA?
In Massachusetts, if you fatally injure another person while recklessly or negligently operating a motor vehicle, you may be charged with vehicular homicide. The severity of the charges you’re facing will be largely dependent on the unique circumstances of your case. For example, if you were committing a minor, misdemeanor…
The Differences Between Vehicle Theft, Carjacking, and Joyriding in Massachusetts
In MA, the act of stealing a vehicle may be classified as motor vehicle theft, carjacking, or joyriding. Vehicle theft is costlier than all other property crimes combined. According to the Federal Bureau of Investigation, a total of 721,053 vehicles were stolen in 2012, accounting for a nationwide loss of…
What is the Difference Between Assault, Assault & Battery, and Aggravated Assault in Massachusetts?
Assault, by itself, is a crime. But the penalties for that crime are largely dependent on the nature of the assault. You may have heard of the terms simple assault, aggravated assault, and assault & battery. What do these terms mean and what are the implications for someone facing these…
How Do I Get My Record Expunged in Massachusetts?
Court records are public domain. Essentially that means that anyone with a few bucks to spend can access your criminal record, arrests, and even your mug shot. An expungement is a process in Massachusetts whereby these records are sealed. Although criminal records are not erased, they become inaccessible to the…