The Second Amendment to the United States Constitution provides the constitutional framework for American gun laws. The Second Amendment guarantees U.S. citizens the right to bear arms. However, there are limits to this privilege. In Massachusetts, residents age 15 years…
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All criminal courts in the Commonwealth of Massachusetts have a probation department, which is formally referred to as the Massachusetts Probation Service. The Commissioner of Probation, and his office, oversee the Massachusetts Probation Service and the Office of the Community…
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At the time of a defendant’s initial appearance before the court, otherwise known as an arraignment, a criminal defendant may be ordered held without bail on grounds of dangerousness pursuant to M.G.L. c. 276, § 58A. This is prompted by…
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The gun laws in the United States vary from state to state. There is also a body of federal law pertaining to the ownership, use, possession, manufacturing, and distribution of firearms. However, the majority of legislation relating to guns…
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One of the most common crimes in Massachusetts is Assault and Battery on a Family / Household Member, and other aggravated forms of this offense. When charged with a domestic violence offense in Massachusetts, a defendant’s entire life can be…
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Since the COVID-19 pandemic hit the United States in March 2020, there has been a surge of Massachusetts (MA) residents applying for their Firearm Identification (FID) Card and License to Carry (LTC). The process of applying for these licenses is…
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Under Massachusetts, there are two types of restraining orders. The abuse prevention order provides protection from physical or sexual harm caused by a family member, spouse, or dating partner. The harassment prevention order is aimed at restraining others from harassing,…
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On April 3, 2020, the Massachusetts Supreme Judicial Court (SJC) issued a decision addressing the rising concerns of COVID-19 (hereinafter “the virus”) and its effect on individuals who are incarcerated in the Commonwealth. The virus has created enormous challenges for…
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In Massachusetts, an abuse prevention order, or 209A order, is a civil order that provides protection from physical or sexual harm from a family or household member. The Massachusetts Abuse Prevention Act defines “abuse” as the occurrence of one or…
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Entering into a guilty plea The first goal of a criminal defense attorney should be to figure out a way to get a case dismissed. If unable to accomplish this task and the case does not present a good chance…
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