Domestic Assault and Battery Over the years I have defended scores of people falsely accused of domestic assault and battery in Massachusetts. Many of these claims were made to gain an advantage in a collateral legal proceeding such as a divorce or a child custody dispute. Other times the claims…
The Marital Privilege in MassachusettsG.L. c. 233 Section 20 sets out the parameters of the marital privilege in Massachusetts. The law states that with limited exception no spouse will be compelled to testify against the other at trial. This does not mean that a defendant in a criminal case can…
Will I Have A Record If My Case Was Continued Without A Finding? Not a week goes by where someone doesn’t call me to ask about the significance of a continuance without a finding. The typical question is “will I have a record if my case was continued without a…
How Long Will It Be Before My Criminal Case is Over Having a pending criminal case in Massachusetts can be a very unsettling experience. You might not be able to sleep. You could have trouble concentrating at work. Your social life might be impacted. Most people simply can’t control the…
If I Get A Summons Or A Subpoena Do I Have To Go To Court Aside from lawyers not many people want to go to court. The thought of being called as a witness can be intimidating. The majority of people simply don’t want to get involved in criminal legal…
At least once a week a potential client will come into my office to discuss a pending case and conclude the conversation by asking me what guarantees I can give him. My answer is the same each time. There are no guarantees in this business. There are times when lawyers,…
The large majority of people arrested or summonsed in Massachusetts and charged with a crime are going to get arraigned. At this stage of criminal proceedings it makes no difference to most Massachusetts judges whether or not the person is innocent or guilty. As a matter of fact, this makes…
Massachusetts General Laws Chapter 218 §35A provides a mechanism through which people can apply for criminal complaints. The process is simple. Go down to the district court clerk’s office, ask for an application for a complaint and fill it out. If the complaint is for a misdemeanor, and in some…
Today’s Lowell Sun reports that a Dracut, Massachusetts man has been held pursuant to Massachusetts General Laws Chapter 276 Section 58A at least until a judge can hear the prosecution’s petition for detention on dangerousness grounds. The forty five year old man allegedly assaulted a woman with a handgun. She…
One of the crimes most frequently defended by Massachusetts criminal lawyers is the case of domestic assault and battery. The statute prohibiting the conduct is Massachusetts General Laws Chapter 265 Section 13A. Not many people are aware that the crime of assault and battery in Massachusetts is a misdemeanor, punishable…