What is an arraignment? An arraignment is usually how a criminal case commences against you. There are exceptions to this general rule, which I shall talk about later. At an arraignment, typically a plea of NOT GUILTY is entered against you and a Pre-Trial Conference date set. Arraignments can be…
Due to the recent surge in mass shootings and the resulting gun debate, the term “stand your ground” has frequently been in the news. In stand your ground states, such as Florida and Texas, an individual can use force, without retreating, to protect himself against a threat. In these states,…
With its strict gun laws, Massachusetts has one of the lowest gun-related death rates in the country. In 2014, MA tightened its restrictions even more, providing law enforcement with increased discretion to deny gun permits to “unsuitable” individuals. MA also has strict regulations about assault weapons and has long been…
Arson is a criminal offense that occurs when a person intentionally and maliciously sets fire to another’s property. The term ‘property’ can refer to a house or building, but it also includes motor vehicles, and even open land. Fires caused by arson result in hundreds of deaths and thousands of…
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…
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…
On Sunday, a Nevada man opened fire at a Las Vegas concert, killing 58 and wounding more than 500. Stephen Paddock used automatic weapons to shoot concertgoers from his room at the Mandalay Bay hotel. Following the massacre, police discovered .223 caliber and .308 caliber assault rifles, and other firearms…
In the past, arson referred to the crime of burning someone else’s home or property while the structure was occupied. It was intended to protect the lives of anyone who happened to be inside the burning structure. However, the modern definition of arson is quite different. Today, the property being…
The answer to this question is that of the answer to most legal questions, it depends. An OUI can be a misdemeanor or a felony, depending on multiple factors. Was this your first OUI or your fourth? Was anyone injured? Were there any aggravating circumstances, such as drug possession, at…
In most cases, if a landlord’s negligence leads to an unsafe condition on their property, the landlord generally won’t be held criminally liable for resulting injuries or death. However, an exception may occur if the landlord’s actions were especially egregious. Last December, a fire killed 36 people at the Ghost…