Harassment orders ; how to defend against them

MGL Ch. 258E requires three or more acts of willful and malicious conduct aimed at a specific person. There has to be an intent to cause fear, intimidation, abuse or damage to property. Actions that are merely abusive in the disruptive sense are not enough. FWT v. FT, 93 Mass. App. Ct. 376 (2018). "Boorish [...]

By |2021-05-16T11:56:53-04:00August 28th, 2018|Uncategorized|Comments Off on Harassment orders ; how to defend against them

Watch out for mistaken contacts in 209A orders

If you have a 209A restraining order against you and you then, by mistake, send that person an electronic message or you run into that person in a store, be ready for that person to call the police, even though the contact was not intended. This statute is not a "strict liability" statute ; in [...]

By |2021-05-16T11:53:52-04:00July 6th, 2018|Uncategorized|Comments Off on Watch out for mistaken contacts in 209A orders

Pitfalls in suing a town, city or the State

If you intend to sue a town, city or the State, you should familiarize yourself with the Massachusetts Tort Claims Act MGL Ch. 258. First of all, your statute of limitations is short, two years. Then , before you can file suit, you must give notice to the town, city or State of the nature [...]

By |2021-05-16T12:25:19-04:00April 30th, 2018|Uncategorized|Comments Off on Pitfalls in suing a town, city or the State

A primer for those who plead out an oui case

If the proof against you in an oui case is substantial and you want to plead out your case, below is a hypothetical disposition; Continue Without a Finding for one year (The DA may ask the Judge for a Guilty Finding); 45 day loss of license 24D program (16-18 weeks of classroom lectures) separate cost [...]

By |2021-05-16T11:39:11-04:00May 5th, 2017|Uncategorized|Comments Off on A primer for those who plead out an oui case

Drivers are presumed to be in possession of all drugs in their car

If you are driving your friends around in your car, and one of your buddies has drugs in his/her pocket/purse, you are presumed to be in "constructive possession" of those drugs. Not fair, right? Well, the top courts have ruled, tough luck, you as the driver possess everything in the car. The bad news is [...]

By |2021-05-15T11:18:43-04:00January 24th, 2017|Uncategorized|Comments Off on Drivers are presumed to be in possession of all drugs in their car

Landlords: watch out for statutes and regulations that bite

There are many statutes and regulations that affect the rights and obligations of both landlords and tenants. Before anyone decides to become a landlord, he/she should sit down and read the following; * MGL Ch. 186 s.1-21 (general) * MGL Ch. 239 s. 1-13 (general) * MGL Ch. 127 L (repair and deduct) * MGL [...]

By |2021-05-15T10:40:34-04:00January 19th, 2017|Uncategorized|Comments Off on Landlords: watch out for statutes and regulations that bite

Who can you sue if you fall on ice or snow?

Massachusett's courts used to distinguish slip and fall on snow and ice cases between natural accumulations and man made efforts to move the snow and ice, with the former not being the fault of the homeowner. Today, the snow and ice cases have been merged into one rule; a property owner now has a general [...]

By |2021-05-15T10:43:48-04:00January 13th, 2017|Uncategorized|Comments Off on Who can you sue if you fall on ice or snow?

Watch out for field sobriety tests

If you are stopped by the police while driving your vehicle, e.g. for speeding, and the officer smells any alcohol on your breath, he will most likely ask you a few preliminary questions and then ask you to exit your vehicle in order to submit to a series of field sobriety tests (the most common [...]

By |2021-05-15T10:44:39-04:00December 22nd, 2016|Uncategorized|Comments Off on Watch out for field sobriety tests

What happens when you are hit by a car with no insurance?

I've been told by multiple sources that, for example, in the Town of Framingham, around 20% of drivers are either without a license or insurance. Even if the party who struck you has insurance, more often than not they are carrying the minimum insurance required; $20,000 per person, $40,000 per accident. If you suffer a [...]

By |2021-05-15T10:45:21-04:00December 19th, 2016|Uncategorized|Comments Off on What happens when you are hit by a car with no insurance?

The tough new domestic violence law

As a result of the Jared Remy murder in Waltham a few years ago, the Massachusetts Legislature adopted (2014) the bulk of the recommendations of the Attorney General and passed a very strict and comprehensive set of new laws, heightened sentences and a Domestic Violence Registry, for any crime related to domestic violence. So, below [...]

By |2021-05-15T10:42:51-04:00December 13th, 2016|Uncategorized|Comments Off on The tough new domestic violence law
Go to Top