Briones

Legal Blog

Is mediation better than hiring a lawyer for your divorce?

As an attorney, you may think my answer to this question is a little biased. What most people don’t know is that essentially a joint divorce agreement which is what a mediator helps a couple draft, can just as easily be done by an attorney for about the same cost. There is one advantage to using an attorney however. An attorney will also take care of all of the court filing and the necessary paperwork

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What is a hung jury and what does it mean for Bill Cosby?

The recent criminal trial of famous Actor Bill Cosby ended in a hung jury. A hung jury occurs when the jury cannot unanimously agree on whether a defendant is innocent or guilty. That’s a requirement in most states in criminal cases. In civil cases however, only a majority is required. When a Judge determines that a jury will be unable to reach a verdict, he or she will declare the jury hung. The Prosecution then

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Restorative Justice

I am involved with a terrific organization called Communities for Restorative Justice (C4RJ). C4RJ partners with local police departments in an effort to steer first time offenders away from a life of crime. In an effort to bring awareness to the perpetrator of the effects of his or her crimes and healing to the victim, both parties agree to go through the process and if completed successfully, the offender avoids a criminal record. In criminal

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When is it time to call a marriage?

Fear is the biggest reason people hold off on beginning the process long after the marriage is over. Fear about what the effect the divorce will have on their children, fear about how you’re going to make ends meet, fear about what you are entitled to from the marriage. If the fear doesn’t do you in, the misery of your current situation will. I see people in all stages of the divorce process. Because I

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Is it possible to remove past charges off your record?

Every week, I am approached by someone who wants to talk about the effects of their misguided youth. Having a charge on your criminal record can have long lasting effects even when the charges are dismissed. Imagine getting arrested for assault when you’re 18 and having those charges dismissed but it’s on every background check and CORI that’s run on you? So when you’re going for that dream job and they say they have to

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Smell of Marijuana no longer enough to establish probable cause in MA. Search can be thrown out.

Due to the recent decriminalization of marijuana in Massachusetts, it is no longer enough for the police to smell marijuana in the course of a stop to conduct a search of that vehicle. Because it is no longer an illegal substance in this State, the arresting officer must observe that the person appears to be under the influence of that substance in order to have probable cause to conduct a search. This means an increasing

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Domestic Violence and Your Divorce

Last year, I began working with a fantastic organization that works with survivors of domestic abuse and I have learned so much about domestic violence, domestic abuse and its impact on people especially those going through a divorce. I’d like to share with you a few of the things that I have learned along the way. I have learned that at least one in every three relationships has elements of abuse. I have learned that

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Guardianship v. Adoption

I was volunteering as lawyer of the day in court last week and a very nice gentleman came in and asked for advice about adopting his niece. I asked him a bunch of questions and determined that pursuing a guardianship was probably the best option for him. The biggest difference between adoption and guardianship is that adoption is permanent. The implications of this are that the biological parents can never come back to regain their

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How to change a divorce agreement.

All too often, I have people ask me if they can change their divorce agreement. And the answer is, maybe. When you get divorced, you divide up your property. That is permanent and you cannot go back later and change anything. Matters relating to child support and child related issues are modifiable but only if you can prove a change in circumstances. An example of this would be: let’s say you lost your job and

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Why you need a good lawyer for a car accident.

Getting into a car accident is a real pain. You are likely to lose money in various ways and hiring a good lawyer can help rectify that. First of all, if your vehicle is totaled, the insurance company doesn’t give you the amount you would need to go out and buy that exact same car. They give you what they call replacement value and it doesn’t take into account the mark up or profit a

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