In response to the historic 1966 case of Miranda v. Arizona, the Supreme Court declared that any person taken into police custody must be informed of the right not to make self-incriminating statements under the Fifth Amendment. In Miranda v. Arizona, Ernesto Arturo Miranda was convicted on charges of rape,…
Articles Posted in Criminal Law
What Constitutes Armed Robbery in Massachusetts?
If you robbed or stole from someone while in possession of a deadly weapon, you may be facing charges for armed robbery. This is a serious crime in MA, and the penalties can be extremely harsh, up to and including life in prison. There are, however, multiple defenses against this…
Consequences for Refusing Breathalyzer in MA
If you get arrested on suspicion of OUI in Massachusetts, the law requires that you submit to a breath or blood test. This “implied consent” law states that if an officer arrests you for OUI – with probable cause – you must consent to a blood or breath test to…
What is Disorderly Conduct? Will I Go to Jail in Massachusetts?
When it comes to most types of criminal misconduct, such as drunk driving, selling heroin, or spousal abuse, the act itself is a crime. Drunk driving is a criminal offense in MA, with specific penalties based on the circumstances surrounding the case. But what about behavior that only becomes criminal…
Can a Convicted Domestic Abuser Purchase a Firearm in MA?
Beginning in 1996, federal law made it illegal for any person convicted of domestic abuse to purchase a firearm. But in the more than 20 years since that law passed, countless mass shootings have been perpetrated by individuals with a history of spousal abuse. Recently, a man convicted by the…
Should Left Lane Hogs be Ticketed and Fined?
We’ve all been stuck behind a slow driver in the left lane. It can be frustrating, aggravating, even infuriating. But should it be illegal? Most states have addressed the issue of left lane “slowpokes” through legislation, signs, or fines. Proponents of these laws argue that driving slow in the left…
PA District Attorney Refiles Most Serious Charges in Penn State Hazing Case
Tim Piazza, a 19-year-old sophomore at Penn State University, died last year due to injuries sustained in a hazing incident. The Beta Theta Pi fraternity, which was supposed to be alcohol-free due to a previous suspension, led Piazza and several other pledges through a hazing ritual dubbed “the gauntlet.” Surveillance…
Know Your Constitutional Rights if You Get Stopped for OUI
If you are stopped on suspicion of drunk driving, you are guaranteed certain constitutional rights. For starters, you have the right to remain silent if you are placed under arrest. Police will generally inform you of this right by reading the “Miranda warning” at the time of your arrest. But…
What Constitutes Domestic Violence in Massachusetts?
Unfortunately, domestic violence is not uncommon in this country. Although the term domestic violence usually brings to mind the image of an abusive husband or boyfriend, this offense actually covers a broad range of criminal behavior. When a person subjects a parent or grandparent, child, cohabitant, or current or ex-partner…
What are the Consequences of Shoplifting in MA?
If you’ve been charged with shoplifting in MA you might be wondering what penalties you face, and if you even need a lawyer. After all, shoplifting charges are relatively minor, right? Well, not exactly. For starters, the penalties you face are largely dependent on the severity of your charges and…